Unexcused absence of an employee from work may constitute grounds for disciplinary dismissal pursuant to Art. 52 § 1 of the Labor Code, which states that the Employer may terminate the employment contract without notice due to the employee’s fault in the event of a serious breach by the employee of basic employee duties.
Unauthorized absence may constitute a condition for a serious breach of an obligation under the above-mentioned article of the Labor Code. Each unexcused absence should be investigated in specific situation. In particular, by verifying whether there were any reasons for the employee’s absence from work, other than the intention to fail to appear at work. The doctrine emphasizes that these reasons should be significant, but they can range widely.
It is worth mentioning that it is the employee’s responsibility to notify the employer about the reason for the absence and the duration of the absence no later than on the second day of absence from work. Failure to comply with the above obligation results in the presumption of quitting the job.