In a material consultation on dismissal of the worker of a farm if he doesn’t come to work without valid excuse is given.
The worker of a farm doesn’t come to work without valid excuse.
What is the basis for dismissal of such worker? It is necessary to put what date in the service record at dismissal of such worker:
• at own will;
• for truancies?
Dismissal of the worker for a truancy is without valid excuse provided by item 4 of Art. 40 KZoT*. (The labor code of Ukraine from 10.12.71 of No. 322-VIII).
The truancy considered absence of the worker on work more than three hours during the working day without the uvayozhitelny reasons.
The list of good reasons on which the rabotyonik can be absent from work, legislatively isn’t established, therefore in each separate case the question is solved directly the owner of the enterprise taking into account a concrete situation.
For dismissal of the worker for a truancy the predyovaritelny consent of trade-union body if this worker is his member (Art. 43 the Labour Code) is required. If the worker isn’t labor union member, the reyosheniye is accepted by the owner of the enterprise.
Dismissal for a truancy belongs to disciplinary punishments (to Art. 147 the Labour Code). Before application of such collecting the violator of discipline should provide to the owner a written explanation (Art. 149 the Labour Code). If the worker refuses to offer an explanation concerning absence on work, the statement of refusal is drawn up.
Collecting can be applied within a month lodge identifications of violation of labor discipline and it can not be applied, if from the date of violation passed more than six months (Art. 148 the Labour Code).
In case of dismissal for a truancy in the afternoon of dismissal schitaetsya the last day of the actual work in a feryomersky economy of the violator of discipline. The order (order) on dismissal for a truancy obyavlyaetsya to the worker under a list.
If the worker dismiss in connection with truancies, in the service record write down the following: Art. 40 item 4 the Labour Code of Ukraine is dismissed in connection with a truancy without valid excuse.
If the worker leaves at own will, date of dismissal is date which the rabotyonik will put in the statement and which will be specified in the order for dismissal.
For truancies the chairman of a farm mozhet to take out to the worker reprimand or to apply the druyogy disciplinary measures provided by the charter of a hoyozyaystvo.
In more detail about registration of labor otnosheyoniya with workers in farms mozhyono to learn from consultation (see "Agromir" No. 31 from 15.08.06)
(On Balans-Agro newspaper materials).