An employee does not show up for work but writes in messengers: is it possible to terminate labor relations with such person
Under the martial law, employers increasingly face situations where employees do not show up for work for a long time, leave the country or change their location and do not provide explanations for their absence. At the same time, even with a prolonged absence of an employee, labor legislation establishes clear rules for terminating labor relations that the employer must follow.
In particular, the Southern Interregional Department of the State Labor Service received a question regarding an employee who left and has not appeared at work for five months. At the same time, he periodically communicates via messengers but does not submit any statements and refuses to explain the reasons for his absence. The employer asked whether it is possible in such a case to terminate the labor contract based on paragraph 8-3 of Article 36 of the Labor Code of Ukraine due to the employee's absence for more than four months.
The State Labor Service explained that this ground for dismissal cannot be applied. The law requires the simultaneous fulfillment of two conditions: the employee must be physically absent from work for more than four consecutive months, and during this entire time there must be no information about the reasons for their absence.
Experts emphasize: if the employee contacted at least once during this period — sent a message, called, or sent an email — the condition of complete absence of information is no longer met. Even if the employee did not inform the reasons for their absence, the very fact of contact excludes the possibility of dismissal under paragraph 8-3 of Article 36 of the Labor Code.
The State Labor Service also noted that the four-month period must be continuous. If the employee was absent for two months, then returned to work even for one day or took sick leave, and later stopped appearing again, the previous period of absence is not summed up, and the count starts anew.
If the employee maintains contact but does not come to work without valid reasons, the employer may consider dismissal for absenteeism according to paragraph 4 of Article 40 of the Labor Code of Ukraine.
However, for this, it is necessary to request written explanations from the employee and follow the legally established procedure for applying disciplinary sanctions.
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