The first paragraph of article 40 of the Code of labour laws of Ukraine (hereinafter - the Code) provides for the possibility of dismissal at the initiative of the owner or authorized body in connection with changes in the organization of production and labour, including liquidation, reorganization, bankruptcy or conversion of enterprise, institution, organization, reduction of number or staff of workers.
It should be noted that in accordance with the Code, the owner or the body authorized by him has the right to terminate the employment contract with the employee in case of absenteeism without valid reasons, including if the employee is absent from work for more than three hours during the working day.
Absenteeism is the absence of an employee at the workplace or on the territory for no good reason for more than 3 hours. It is a misdemeanor and provides for disciplinary responsibility-a reprimand or dismissal.
In any case, the employer must find out the reasons for the absence of the employee, their respectfulness, and take What may be valid reasons for not going to work:
illness (existing sick list);
family and household reasons;
unable to get to work due to weather conditions.
Disrespectful reasons include, in particular: unauthorized use of time off by an employee, vacations, placing a person in a medical sobriety center, and so on.
In order to attract employees to disciplinary action – order on attraction to a disciplinary responsibility.
According to article 148 of the labor Code, a disciplinary penalty is applied by the employer immediately after the detection of a misdemeanor, but not later than one month from the date of its discovery and can not be imposed later than six months from the date of the misdemeanor.
Article 147 of the labor Code for violation of labor discipline, only one of the following penalties may be applied to an employee: reprimand and dismissal.
The disciplinary penalty is applied by the owner or the authorized body immediately after the detection of a misdemeanor, but not later than one month from the date of its discovery, not counting the time of the employee's release from work due to temporary disability or the employee's residence on vacation.
The term for applying a disciplinary penalty begins to count not from the date of committing a disciplinary offense, but from the date of its discovery.
Before applying a disciplinary penalty, the owner or his authorized body must demand written explanations from the violator of labor discipline. Only one disciplinary penalty may be applied for each violation of labor discipline.
When choosing the type of penalty, the owner or the body authorized by him must take into account the severity of the offense and the harm caused by it, the circumstances under which the offense was committed, and the previous work of the employee. The penalty is declared in the order (order) and reported to the employee under the receipt.
Often, in practice, the question arises as to how long the employer must notify the employee of the reprimand, since the labor Code does not contain such a period. At the same time, in accordance with the Standard rules of internal labor regulations for workers and employees of enterprises, institutions, organizations approved by the Resolution of the state Committee of the USSR on labor and social issues of 20.07.84. No. 21, order (order) on summary punishment application, by reason of its application is declared (reported) employee who is charged with collecting, on receipt within three days. This is also noted in the letter of the Ministry of social Policy dated 24.05.2012 № 81/06/187-12.
If the employee is not subjected to a new disciplinary penalty within one year from the date of imposition of the disciplinary penalty, he is considered not to have a disciplinary penalty.
If the employee did not commit a new violation of labor discipline and also proved to be a conscientious employee, the penalty may be lifted before the end of one year.
Often in practice, questions arise about the minimum time frame for removing a reprimand. It is worth noting that the labor Code does not set a minimum period for removing a reprimand. Therefore, the reprimand can be lifted even in the month in which it was issued.
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