In Belarus, a remote worker was almost fired for being unreachable for three hours. How did it end?
In Mogilev, an employer wanted to fire a remote worker for three hours of no communication during working hours. The trade union intervened in the case.
The manager demanded the dismissal of a remote worker for absenteeism after he was unreachable for three hours during working hours. However, a trade union lawyer explained that the classic concept of absenteeism is not applicable to remote employees in such a case, writes MyFin.
Employer's position
The incident occurred at one of the city's enterprises. The manager insisted on dismissing the remote manager under the article for absenteeism.
According to him, the employee did not respond to calls and messages from 2:00 PM to 5:00 PM, did not enter the corporate chat, and did not submit the morning report he had promised.
The worker himself explained the lack of communication by a household accident. A pipe burst in his apartment, and he spent three hours fixing the problem, having disconnected the electricity.
Why this is not absenteeism
Labor inspector Tatiana Sudakova explained that dismissal for absenteeism in its classical sense does not apply to remote workers.
Absenteeism implies absence from a workplace that is under the employer's control, and a remote employee does not have such a place.
At the same time, being unreachable during working hours, failing to submit a report, or ignoring calls can indeed be considered a disciplinary offense. For this, the employer has the right to issue a reprimand or warning.
If the employee already has an unremoved disciplinary action and repeatedly violates discipline, dismissal is possible, but on a different grounds — for repeated violation of labor duties.
What the trade union decided
In the case of the Mogilev manager, the trade union helped prove that the apartment accident was a valid reason. As a result, the employer's demand for dismissal was recognized as unlawful and overturned.
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