Record of Unexcused Absence from Work should be prepared in accordance with Article 25 of the Labor Law No. 4857. Accordingly, a written record must be kept for employees who are absent without permission. If the employee has no valid excuse, the employment relationship may be terminated without entitlement to severance pay or notice pay. If an employee is absent without permission for two days within one month without valid reason, the contract may be ended. In addition:
- If an employee is absent for two working days within a month, a record should be prepared,
- If an employee fails to return to work after scheduled leave twice within a month,
- If an employee is absent for three working days within one month, the employer may terminate the employment contract.
How to Prepare a Record of Unexcused Absence?
The record of unexcused absence must be prepared in strict accordance with legal procedures. In particular:
- First, the employer must prepare the record completely. Signatures and witness testimonies from other staff who observed the absence should be included.
- The record should be delivered to the employee’s registered address by a notary, which gives the document official weight in court.
- The specific days the employee failed to attend work must be written in detail. If the employee has no excuse for those days, this should be stated. After receiving the record, the employee has three days to present a valid excuse. If no valid excuse is provided within three days, the employment contract may be terminated for just cause.
What Should an Employer Do if an Employee Does Not Come to Work?
If an employee is absent without an excuse, the employer must document and prove the situation with a written record. The prepared document should include witness statements from other employees confirming the absence. In such cases, the employer may dismiss the employee without any payment. After drafting the record, the employer should send a notarized notification to the employee’s registered address. If the employee has a valid excuse, it must be supported with documentation. If the employee fails to provide the requested documents within the notification period and has no valid excuse, the employment contract may be lawfully terminated. The employer carries the burden of proving the employee’s absence and therefore should keep a written record to avoid claims for notice or severance pay.
Sample Record of Unexcused Absence
The unexcused absence record must be prepared in accordance with Labor Law No. 4857. This document is accepted as official evidence in labor courts or in lawsuits the employee may file. The record must be kept for legitimate reasons. Under Article 25, paragraph 2 of the Labor Law, employees who violate rules of honesty and good faith by being absent are considered to have breached those obligations. Unexcused absence can justify lawful dismissal. In such cases, the employee loses the right to claim notice and severance pay.
What Legal Measures Apply if a Civil Servant Misses One Day of Work?
For a civil servant who does not come to work, salary deductions are applied first. If the civil servant is absent without excuse one or two times within a month, a deduction of one-thirty-first or one-eighth of the gross monthly salary may be applied depending on the statutory status. Civil servants who are absent without permission for more than two days may face suspension from duty for one to three years, depending on their status. Sanctions for longer absences vary with the seriousness of the duty. A civil servant absent without excuse for ten consecutive days is considered to have resigned; their civil servant status may be revoked.
When Is an Unexcused Absence Record Kept?
The record of unexcused absence can lead to termination without entitlement to severance or notice pay. An employer may terminate an employment contract if the employee is absent without valid cause, provided the employer can prove the absence. Documents and warnings used as proof are admissible evidence in lawsuits or labor courts. An employer may draft such a record when:
- The employee fails to attend work for two consecutive working days without notice or excuse,
- The employee does not return to work on the first working day after a holiday twice within one month,
- The employee is absent without excuse for three working days within one month.
In these cases, the employer may unilaterally terminate the employment for just cause. The employee will not be entitled to notice or severance pay. However, if the absence is due to death in the family, accident, or illness and the employee proves this, termination is not appropriate.
I Received an Unexcused Absence Record — What Should I Do?
The unexcused absence record is sent to the employee by notary. After receipt of the notarized notice, the employee has three days to prove a valid reason for the absence. Otherwise, the employee may be dismissed and lose the right to severance pay. Typical steps after receiving such a record:
- If the absence was due to illness, present a medical report,
- If the absence was due to a death in the family, provide a death certificate,
- In cases of an accident or family problems, explain the situation and provide witnesses.
If a valid reason exists, the employee should inform the employer immediately and provide supporting documents. Without valid reasons, the employment contract may be terminated.
Can an Employee Be Dismissed for Being Late?
An employee may be dismissed for repeated unexcused tardiness in certain circumstances. If an employee is frequently late without justification and fails to fulfil responsibilities, a warning is normally issued. The employer will calculate the total hours of lateness within a month; if grounds for dismissal exist, the employer may issue a record of absenteeism and summon the employee by notary. The employee who receives the notarized warning has three days to return to work and prove the reasons for lateness with documentation. Otherwise, the employment contract may be terminated without compensation.
What Is the Legal Absence Period under the Labor Law?
The absence rules under the Labor Law are defined by Law No. 4857. According to this law, an employee who is absent for two consecutive working days without notifying or obtaining permission from the employer may be subject to termination of employment. If an employee fails to return after a holiday twice within a month, this can also justify lawful dismissal. Valid reasons such as death or illness prevent lawful dismissal if proven. Valid legally recognized reasons for absence include:
- Employee illness or accident,
- Death of a family member or close relative.
The employee must document valid reasons—medical reports for illness, for example. If the employee cannot substantiate a valid excuse, dismissal may follow.