Skip to main content

VS explained how an employee to avoid dismissal for forced time off

It is impossible to dismiss an employee who has taken time off on urgent matters for absenteeism – such an explanation was made by the Supreme Court. The higher authority interceded for the woman whom the boss showed to the door only because she left for the funeral of a loved one.

It is important to consider all circumstances and past merits of the employee

A complaint from a resident of Tambov reached the Supreme Court. For many years, the woman worked in the local central market. Two years ago, an employee had a misfortune: a relative died in Moscow. Having learned about the tragedy, she asked the director for two days to go to the capital for the funeral. The boss ordered to write an application for unpaid leave and said that he would release the subordinate. The lady immediately told the whole team about the upcoming trip. In addition, she took the original of the application to the personnel department, and handed over a copy to the archives of the document specialist. Returning to work, the deputy director of the market learned the shocking news: she was fired for absenteeism. The chief backed down and said that he did not approve of any vacation at his own expense and did not release the employee from the workplace. The lady failed to challenge the dismissal in the courts. All instances concluded that the truth is on the employer’s side. He did not issue an order on granting leave, the employee did not familiarize herself with it against signature. This means that, as the judges decided, agreements with the boss do not work in words. However, the Supreme Court sided with the offended worker, returned the case for review and made an important clarification for those who are used to asking time off from work orally. As noted by the panel of supreme judges in their determination, the lower instances did not take into account the circumstances under which absenteeism was committed, if at all. It’s one thing if the employee just went out on a spree or decided to sleep until lunch. And it is quite different if he had to leave for a funeral or sit out at home because of poor health. At the same time, the Supreme Court recalled that according to the law, in the event of the death of close relatives, the employer, in principle, cannot refuse the employee a “funeral” leave. In all other cases, the courts should take into account all the employee’s past merits, the presence or absence of disciplinary offenses in his biography and his attitude to work in general. As pointed out by the Supreme Court, dismissal, even for absenteeism, should be chosen by the employer only as a last resort. It should be taken into account whether the employee has dependents: children, elderly parents or sick relatives.

St. Petersburg University students were forced to study in person, frightening with a tag in their diploma

On November 11, the Ministry of Education and Science published an order, according to which all universities in Moscow and St. Petersburg, which are subordinate to the department, must switch to distance learning by February 6. Meanwhile, most of the students of the St. Petersburg Mining University still continue to study in full-time format. At the same time, the rector of the university announced to the students that there is no coronavirus epidemic in the city.

Students were allowed to switch to an individual plan with remote classes at their own request. However, no one is in a hurry to do this, since all the remote workers will have a mark in their diplomas that some of the subjects were listened to only in theory. Subsequently, such a label can cause problems with employment.

The rector said that there is no epidemic in the city

On November 13, Moscow and St. Petersburg universities, subordinate to the Ministry of Education, switched to distance learning, but students of the Mining University in St. Petersburg continue to attend classes. Students of the university and their parents tried to knock on all authorities in order to achieve the transition to remote work, but in a week the situation did not get off the ground.

– On November 14 we had a meeting with the rector Vladimir Litvinenko, says second-year student Alexander. – He said in plain text that there is no epidemic in the city, movements are not limited, so nothing interferes with full-time study.

To numerous requests from students and parents for transferring to a remote location, the rector replies that all security measures at the university are observed. In fact, even the temperature at the entrance is measured every other time, many do not wear masks, there is a crush in the wardrobe, some of the students come to classes with obvious signs of SARS.

Two of our teachers have already died from coronavirus in the fall, students become infected with the virus every week, while classmates in contact with them continue to attend classes. We have already applied to all authorities, including Governor Beglov and the Ministry of Education and Science, but nothing has changed. Although, of course, there are students among us who are quite satisfied with the preservation of full-time education.

Officially, the management of the Mining University suggested that all students who do not want to study full-time in the current situation should switch to an individual training plan. The problem is that the rector announced that in the supplements to the diploma, students who have chosen this format will have a note stating that they have completed only a theoretical course in a number of subjects. At the same time, in the future, this may affect employment, since in the engineering field of activity specialists with practical skills are valued.

“It is this mark in the diploma that stops many students from switching to an individual plan,” says Maxim, a 4th year teacher. – In addition, in this case, you will need to leave the hostel within 3 days.

On the one hand, I understand the rector’s desire to keep the full-time format, because we have a lot of practical classes. But, on the other hand, there is an official order and its implementation is important, including for the health of teachers, among whom there are many elderly people.

The problem, apparently, is also that the university does not have a normal distance learning base, and nothing has changed over the summer. In the spring, we did not have full-fledged remote classes, the teachers simply sent assignments, and we did them ourselves, we did not receive a response from some teachers for weeks.

The press service of the Ministry of Education and Science confirmed to us that they are aware of the problem, now work is underway to resolve it, following which the issue of possible sanctions against the educational institution will be decided.

“The Ministry of Education and Science of Russia and the hotline of the Situation Center of the Ministry of Education and Science of Russia receive applications from students of the St. Petersburg Mining University regarding the transfer of students to distance learning in accordance with the order.

In order to objectively and comprehensively consider applications, the Ministry sent a request to the University to provide information on the transfer of students to distance learning, as well as regulatory documents governing this process.

After receiving and considering the official response of the University, as well as the analysis of the regulatory documents of the Ministry of Education and Science of Russia, if necessary, measures will be taken to comply with the order of November 11, 2020 No. 1402 “On measures to reduce the risks of the spread of a new coronavirus infection in educational institutions of higher education” – explained “MK” in the department.