The procedure for dismissal for absenteeism. Valid reasons for absenteeism from work. Preparation of a memorandum

21.09.2019

Dismissal for absenteeism: procedure for employer and employee in 2019

Today we will clarify such a pressing issue as dismissal for absenteeism, under Article 81 of the Labor Code of the Russian Federation. Let's consider what actions can be regarded as absenteeism and how an employer should act in order to legally fire a negligent employee, and the employee not to be fired illegally. We will outline instructions for action for both the employee and the employer.

According to the Labor Code of the Russian Federation, absenteeism is the absence of an employee without a valid reason for more than 4 hours in a row during a working day or shift.

Absenteeism under the Labor Code of the Russian Federation

Since truancy considered a gross violation of labor duties , then the legislator establishes in such a way that it is possible to dismiss even for one absence, without imposing disciplinary sanctions, without collecting a systematic database of violations by this employee.

Let’s go through what truancy in the legal sense consists of, point by point. Because many employers interpret this concept as they please, which then causes problems for both management and employees who do not have a good relationship with management.

That is, the employer must establish and document that:

The employee was absent from work
More than 4 hours in a row on one work shift
There was no good reason
Absenteeism was detected immediately or no later than a month from the date of the offense (statute of limitations)

Absence from work

It is very interesting that a workplace is understood as an office, workshop, office space, or a large area. Therefore, the absence of an employee at any one point of production does not mean that he is absent from the workplace and is not fulfilling his duties.

IN this issue should be regulated job description, an employment contract or other internal acts that establish workplace for a specific employee. It is also stated in the Labor Code of the Russian Federation that a workplace is a territory where an employee must arrive to carry out his duties.

There is a type of activity when an employee reports to the organization in the morning and at the end of the working day at meetings, but carries out work functions away from the organization. Then the employer carries out on-site inspections to monitor the location of the employee and the process of performing his functions.

How much time away from work is considered absenteeism?

The Labor Code clearly defines the time period more than 4 hours. It's not even exactly 4 hours. The lunch break is not counted during the employee's absence. For being late for less than 4 hours, or for systematic lateness, an employee may be disciplined, but not fired for absenteeism. It will be illegal.

The time an employee is absent from the place of performance of duties can be summed up. But only during one work shift. You cannot add lateness and delays after lunch, for example, a week.

Truancy is also considered:

if an employee leaves his shift early
uses time off at his own discretion without notice
going on vacation unscheduled
refusal to work 2 weeks after voluntary resignation

Valid reasons for absenteeism from work

In 2018, as before, the legislation still does not provide a complete, accurate list of valid reasons. The proceedings remain an individual matter for each individual employee and employer, general principle which unites all the reasons is that they did not occur at the will of the employee, he was not the initiator.

The most common valid reasons:

or illness, death of a close relative
emergency situations (the list is quite extensive)
housing emergencies
performance of civil duties by an employee
arrest
blood donation or medical examination
delay wages for more than 15 days (can be considered as respectful, in practice everything does not always work out smoothly)

Good cause should be formalized as far as the situation allows. Also, testimonies and explanations of witnesses are accepted as evidence in future proceedings regarding illegal dismissal. Therefore, it is better to take care of this in advance, take contacts of people with whom you find yourself in a particular situation.

There are cases when a manager wants to get rid of an employee and releases him orally for personal reasons, without formalizing it. And then the same fact of absence from the workplace is charged to the employee as a violation.

Statute of limitations for misdemeanors

Time limits for offenses specified in the legislation:

from the day the employee committed the offense no more than six months
from the moment of discovery of the offense no more than one month

Step-by-step instructions for dismissal for absenteeism in 2018 for an employer

When you are sure that an employee is deliberately skipping work, not communicating, or lying, then you must act exclusively within the framework of the law in order to avoid unnecessary legal red tape and expenses.

1. First, it is necessary to establish the fact that the employee is absent from the workplace. Draw up an act clearly stating the period of absence from work. It must be signed by two witnesses, usually the HR department and another employee. When the employee appears, be sure to familiarize him with the document and confirm it with a signature. Before the employee appears, several acts are drawn up

2.Secondly, the employee’s time sheet is marked as a failure to appear for an unknown reason, absenteeism

4.Fourth, when the employee appears, it is necessary to demand an explanation in writing, or, if the employee refuses to explain the situation, then an act of refusal to provide written explanations is drawn up. Deadline for submitting explanatory notes 2 days

5. If the employee does not show up, the employer sends a letter to the employee’s address with questions about the reasons for absenteeism; the receipt for sending the letter is saved

6. The next step is for the employer to decide whether the reason for the employee’s absence is valid. Be sure to take into account his explanations, or refusal thereof, and the documents provided

7. Then, makes a decision on disciplinary action without dismissal, dismissal for absenteeism under the article, or not involving

8. If a decision is made to dismiss, then a dismissal order is issued according to paragraphs. “a”, clause 6 of article 81 of the Labor Code of the Russian Federation. The employee must be familiarized with the order within three working days, not counting absence from work. If you refuse to familiarize yourself with the order, an act signed by two witnesses is drawn up

A corresponding entry is made in work book. All cash payments are paid, a work book is issued with a signature in the work record book. If the employee does not show up for work and does not agree to send it by mail, then labor records are stored for 75 years.

When dismissing an employee, it is necessary to calculate the salary for the actual time worked, taking into account compensation for unused vacation.

Also, the employee will most likely need a 2-NDFL certificate; this also needs to be prepared and issued to the employee.

Pregnant women, minors, or an employee during illness or vacation cannot be dismissed in the usual manner.

We will discuss what an employee should do in case of illegal dismissal in a separate article -

To avoid unnecessary problems With the law and unnecessary expenses, it is very important to comply with all points of the dismissal procedure. Without neglecting the paperwork, which in the future can become an evidence base for the legality of dismissal on the part of the employer.

How to challenge dismissal for absenteeism

If the employer has not properly followed the dismissal procedure

On the employer's part, an employee's failure to show up at work is a serious problem that disrupts the activities of the entire department, or even the organization. Regardless of what position the truant occupies, a certain amount of work is assigned to his shoulders, which must be fulfilled. An employee who is absent does not have to be fired. This issue is decided by the employer (sometimes in consultation with the trade union committee) within one calendar month (30 days) from the moment the offender returns to work. The article outlines a diagram of how to notify an employee about his absenteeism, as well as how to terminate an employment contract.

Dismissal for absenteeism, Article 81 of the Labor Code of the Russian Federation, law

According to the law, in the event of an illegal absence from work and subsequent dismissal, an employee is not shown either compensation for his unused vacation or the vacation itself. In case of forced absence due to health reasons (if proven by the court), sick leave is paid.

In Ukraine, as in Russia, when an employee leaves his job without a good reason, the most common punishment is dismissal. Any legal consultant can tell you this, day or night. statement, According to the fact that the dismissal initiative comes from the employer, he cannot formalize it alone. He needs a disciplinary court and, if there is one, a decision from the professional committee.

Dismissal for absenteeism if the employee never shows up for work

Absenteeism is the total absence of an employee from work (workplace) in two cases:

1. A one-time absence of an employee from his workplace (if specified in his employment contract, or in the premises where he works) for 4 hours or longer without an objective good reason for just one working day or fractionally (for example, he was late for 2.5 hours in the morning, came home from lunch 1 hour late, and left home an hour earlier, especially if he is at probationary period). They are described in Art. 81 of the Labor legislation of the Russian Federation, such as short-term.

2. Does not come to work for a long time: he is absent for more than a day and this period can reach a month or more. In this case, you can send a telegram to the employee’s address with a request to show up at the official place with explanations. You can look for such an employee in the police.

Order of dismissal for absenteeism sample 2016

Before dealing with correct design dismissal due to missing a day of work, let's clarify what the most common mistakes are made by the employer and what gaps there are in the Labor Code. In judicial practice in the Russian Federation there are such difficulties regarding these offenses:

The algorithm for the employer’s actions if the employee still does not return to work after the offense has not been established;
if there is a long absence from work, then the time of dismissal of the employee may be: the date of the last working day, the day of the first offense, the moment when the employee showed up for shift;
the date of issue of the work book must coincide with the date of removal from service (and it is impossible to dismiss, as they say, “retroactively” the employee and the employee).

An order from the director to dismiss an employee for this offense can be downloaded from

In order to legally draw up an order, you must have the following documents:

A memo from the manager about the fact of absence from work;
a mark in the general report card of arrival and departure for work (working time);
a separate set of documents is compiled for each day of absence;
a written explanation from the truant himself indicating the reason.

How to formalize absenteeism without dismissing an employee correctly?

Being kicked out of work for missing a couple of hours of the working day or even a couple of days is a certain measure of administrative punishment. The employer decides whether he wants to dismiss the employee, or whether he can limit himself to a reprimand.

The degree of guilt, as well as the amount of punishment of an employee for missing work, can be assessed according to the following points:

The presence of direct guilt of an employee of the organization in committing an offense;
severity of absenteeism;
the circumstances that forced him to commit it;
the employee's behavior prior to the offense;
the worker’s attitude to work, to his duties and his value as such.

If the employer, taking into account the above points, decides not to remove the employee from his favorite activity, not to deprive him workplace, he must stop the procedure for dismissal for absenteeism. At the same time, he has the right to impose a financial penalty, or punish the employee in the form of a reprimand or reprimand.

Pregnant women are not subject to dismissal, unless this is provided for by the liquidation of the enterprise in which they were employed.

A person who has missed a day or a couple of hours of work should be required to provide an explanatory note on the fact in writing signed by the guilty employee. In case of refusal, an act is drawn up in the presence of two witnesses. A report addressed to the director about the violation will also be required. labor discipline.

After collecting all the necessary documents listed above, the HR department prepares an order on the penalties to be taken. If suspension from work is not considered, a reprimand or reprimand may be issued. The offender is introduced to the signed order no later than three days from the moment of its registration.

Dismissal for absenteeism, entry in the work book, sample

The wording in the work book of the resigning person should be in the form of the following entry: employment contract terminated due to absenteeism; subparagraph “a”, paragraph six, part 1, 81 of the article of the Labor Code Russian Federation. This is fully consistent with the provisions of the Labor Code. After this, you can terminate the employment contract with documentation.

Directly on the day of completion of work, the employee is given a correctly executed work book, as well as a copy of the order signed by the director on removal from work, service (it must be signed by general director, without his signature is not valid). In this case, the remaining money for the work is paid (if there was any after receiving the advance payment or salary), that is, the final payment is made.

You can fire someone for absenteeism, or you can fire them for “repeated failure to fulfill job duties.” What to choose? 08/07/2017

The employee repeatedly violated labor discipline over the course of a month: either he would go home long before the end of the working day, or he would be late. Yesterday I didn’t show up for work at all. The director said to fire me “under the article.” Under what article should I fire an employee? Will it be suitable for “repeated failure to comply”?

According to Part 1 of Art. 81 of the Labor Code of the Russian Federation “an employment contract can be terminated by the employer in the following cases:

5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

6) a single gross violation by an employee of labor duties:

a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);..."

The choice of grounds for dismissal is yours. Please keep in mind that dismissal of an employee for repeated failure to fulfill his or her job duties without good reason is possible only if the employee already has a disciplinary sanction. And if the conflict develops, the GIT inspector or the court will definitely check the legality and correctness of the previous disciplinary sanctions. If all documents are completed flawlessly, then there is nothing to fear. But as practice shows, than more papers is drawn up, the greater the likelihood of making a mistake. And the price may be recognition of the dismissal as illegal and compensation by the employer of a tidy sum in the form of payment for forced absenteeism, moral damages, etc.

If you choose dismissal for absenteeism as the basis for dismissal (clause “a”, clause 6, part 1, article 81 of the Labor Code of the Russian Federation), then only documents for this offense will be closely examined. Past violations of labor discipline will clearly demonstrate the employee’s previous behavior and his attitude towards work.

Step-by-step procedures can be found on our website here

Dismissal of an employee for repeated failure to fulfill job duties (clause 5, part 1, article 81 of the Labor Code of the Russian Federation): step-by-step procedure >>
Dismissal for absenteeism (subclause “a”, clause 6, part 1, article 81 of the Labor Code of the Russian Federation): step-by-step procedure >>

In conclusion, we give an example from practice.

Employee Sh.Yu.V. was dismissed for repeated gross violation of labor duties on the basis provided for in paragraph 5 of part 1 of Article 81 of the Labor Code of the Russian Federation in connection with the employee’s repeated failure to fulfill labor duties without good reason, if he has a disciplinary sanction. At the same time, in the order, the employer indicated that the plaintiff was absent from the workplace for 4 hours or more on April 13, 2017, and absenteeism during the working day on April 14, 2017. The grounds for dismissal were a report from the site manager, an absence from work report, and an explanatory note from the employee.

In the past, the employee also had absenteeism, but the employer did not indicate them in the order. The district court sided with the employer and declared the dismissal legal. But the appellate court carefully examined the circumstances of the case and pointed out shortcomings in the dismissal procedure.

“...from the analysis of the order dated April 18, 2017 No. ... it follows that the plaintiff was dismissed from work under clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, that is, for a disciplinary offense committed by him in the period from April 13, 2017 to April 14, 2017. The order does not contain an indication of the commission of other disciplinary offenses before the specified period, that is, the application of measures to it disciplinary action By this order for disciplinary violations on April 13 and 14, 2017 does not constitute a repeated failure by the employee to fulfill his work duties without good reason and could not be used as the basis for a dismissal order on this basis...”

At the same time, the fact of absenteeism did not raise any complaints:

“...April 14, 2017 Sh.Yu.V. was absent from the workplace from 09 to 18 hours, that is, a full working day, which is correctly qualified by the employer as absenteeism, which is confirmed by the report of the head of the water pumping station B. dated April 14, 2017, the act of absence of Sh.Yu.V. at the workplace without good reason dated April 14, 2017. In addition, this fact is confirmed by the written explanation of the plaintiff dated April 17, 2017...” (Appeal ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated July 31, 2017 No. 33 – 2846/2017).

As a result, the employee was reinstated, and payment for forced absence was collected from the employer.

It is likely that if the employer fired the employee specifically for absenteeism, the dismissal would be recognized as legal.

Date latest edition: 16.08.2018

Article "Hiring and firing in one day" ()

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Employees who are dishonest with their job responsibilities, and, in particular, absentees, become a headache for the management of most enterprises. According to the Labor Code, absenteeism, in contrast to being late, is regarded as a violation of labor discipline and serves as a reason for disciplinary action and even termination labor relations, however, in reality it is not so simple. For an employer, the use of extreme disciplinary measures is strictly regulated by Article 193 of the Labor Code of the Russian Federation. Moreover, both parties must know the rights. In some cases, the nuances of the process can help a conscientious person protect himself from unreasonable pressure from management and not damage his reputation. What is considered absenteeism, and what are the features of dismissal in connection with it, we will consider further.

Missing work hours

The concept of “truancy” in the Labor Code and its types

Walk around labor code- this is the intentional absence of a subordinate from the workplace (Article 209) without good reason for 4 hours in a row or more (Subclause “a”, clause 6, part 1, article 81). Absenteeism also means leaving work without permission without warning of the termination of employment obligations. The concept of absenteeism is defined (by Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of March 17, 2004). In addition, absenteeism includes such actions as: unauthorized going on vacation without permission from superiors; failure to fulfill duties after a legally executed transfer to another workplace; skipping shifts before the end of the agreed period when signed under a fixed-term employment contract; leaving the work zone without communicating with a superior, when collaborating under an employment contract without a specified validity period; downtime of working hours if the employer violates the rights of employees. To understand the situation, it would be better to contact the appropriate services.

Leaving work, as well as any failure to perform official duties, will be considered truancy when the truant does not indicate valid reasons and does not attach evidence to them.

Failure to perform assigned duties is truancy

There are two conventional categories of absenteeism:

Short-term(classic). Here the employer is warned where the subordinate is and can always talk to him. What needs to be done for absenteeism is stated in Article 193 of the Labor Code of the Russian Federation. The person is asked for an explanation for his behavior; his justification must be written down on paper and presented to his superiors within 2 working days. The basis for this is a memorandum prepared in advance addressed to the authorities and the documented fact of missing working hours on a certain day. If there is no response from the person, then a corresponding act is drawn up, which is signed by its drafters and three witnesses to the violation. And only after this the manager has the right to issue a decree imposing a disciplinary sanction, recording the date of absence on the report card as absenteeism.
Long-term(long-term). Here the employer does not know where the subordinate is staying, for several shifts or weeks. Therefore, he cannot be contacted. In order to fire someone for absenteeism, the employer has to wait for the employee to appear at the workplace and then proceed with the standard processing. The law allows for requests for explanations by mail or telegram to the address in the personal file of the subordinate. It is necessary to carry out registration strictly according to the Labor Code of the Russian Federation; otherwise, the truant can turn the situation through the judicial authorities in his favor, be reinstated in his position and even receive compensation costs.
Total time for collection and issuance of the corresponding order - one month.

Consequences of absenteeism

We have defined what absenteeism is under labor law; now we will consider what creates constant clashes of interests between both parties. The fact is that Article 81 of the Labor Code of the Russian Federation does not contain a list of valid reasons. As a rule, the manager decides whether the reason will be serious if local regulations strictly regulate the start and end times of the shift, and the workplace is clearly defined. When a clear concept of the workplace in regulatory documents no, you should rely on Art. 209 Labor Code of the Russian Federation. From it it is said that a workplace is an area that is assigned to each individual staff unit of the company. A person must stay in it and perform the work assigned to him, as provided for in the regulatory and technical documentation.

Knowing the rights, a truant can avoid punishment

In case of absenteeism, the employer may not formalize dismissal under the article for absenteeism, although he has every right to do so, it all depends on how competent he is in this matter. If an employee systematically violates the rules, then this method is simply necessary to regulate work. The employer has the right to issue a reprimand, reprimand, or collect a penalty from the truant in the form of deprivation of bonuses, although the lack of incentives is not a punishment. Let us note that absenteeism at work provides for only one punishment under the Labor Code of the Russian Federation, so if a person is reprimanded, terminating the employment relationship for this absenteeism is already prohibited.

Find out how to formalize dismissal for absenteeism, how to record an employee’s absence from the workplace and draw up an act. In the article you will find sample documents to be filled out by the HR officer. Only our experts have collected the most up-to-date information!

In the article:

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When is it possible to file a dismissal under an article for absenteeism?

Dismissal for absenteeism is carried out in a certain sequence established by the current labor legislation. Absenteeism is absence from work for the entire work shift or for four hours in a row. Such absence is considered a gross violation of the terms of the employment contract, labor duties and established discipline.

Dismissal under an article for absenteeism can be carried out even for a one-time absence from the workplace without good reason, if there are no direct prohibitions for this (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code, rulings of the Constitutional Court dated July 19, 2012 under No. 1078-O, dated February 19, 2009 under No. 75-O-O and dated October 17, 2006 under No. 381-O). A direct prohibition includes the dismissal of pregnant women, even if at the time of absenteeism the woman did not report pregnancy or was not aware of it.

It is impossible to terminate an employment contract due to absence from the workplace for the entire shift or for more than four hours in a row with minors, unless the consent of the state labor inspectorate and the commission for minors is obtained. It is also impossible to terminate the employment relationship with an employee during his illness or vacation. An expert from Sistema Personnel will tell you what features must be taken into account when dismissing a minor employee

Absenteeism is considered to be the case if an employee:

arbitrarily decided to take advantage of the days off that he is entitled to for working on weekends and holidays;
I decided to go on vacation without permission.

Notifying an employee of the need to report to work

Rest days that the employer is required to provide but did not provide will not be considered absenteeism. For example, if the leave was approved according to the schedule or the employee worked for six months, but at his request, rest days were not provided (based on paragraph 39 of the resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

Pay attention! If time off or unscheduled leave was previously agreed upon with the manager, but the relevant documents were not completed for some reason and the employee did not show up for a shift, this may be considered absenteeism (as determined by the Sverdlovsk Regional Court dated August 20, 2013 under No. 33-10241 /2013).

Explanatory note about absence from work

★ Look special collection on dismissal for absenteeism, prepared by experts from System Personnel. In it you will find answers to difficult questions upon dismissal for absenteeism. Ideal samples of personnel documents for processing the termination of a TD on this basis. Labor disputes, thematic video lectures.

What facts are taken into account when dismissing someone for absenteeism: Article 192 and 193 of the Labor Code of the Russian Federation

When following the procedure for dismissal for absenteeism, and making a decision, we recommend taking into account the following circumstances:

The severity and circumstances of the offense committed.
The employee's general attitude towards work.
Duration of work in the company.
Possibility of applying less severe penalties.

In addition, it is important to consider what reasons for absence from work can be considered valid. The law does not establish a list of such reasons. This issue is decided in each specific situation by the manager on the basis of Article 193 of the Labor Code of the Russian Federation.

In practice, valid reasons include transport failures, illness of a relative, the employee himself, the occurrence of natural disasters, fire, and so on. In a written explanation, the employee must indicate full list the reasons that served as the basis for his absence from work. Just an explanation is not enough. It is necessary to confirm the validity of the reason with relevant documents, for example, certificates, extracts, summonses, and so on.

How to fire someone for absenteeism: step-by-step procedure

Dismissal for absenteeism: instructions

Step 1

It is necessary to record the employee's absence from the workplace. To do this, fill out a time sheet and draw up a report. The fact of absenteeism is documented. The law does not have a specific list of documents that are drawn up when absenteeism. The fact of absenteeism is recorded by making a note on the report card. After that, they draw up an act or memo about the employee’s absence from his workplace and send him a notice asking him to come to work.

Important! Courts review such documents when a dispute arises. Therefore, be sure to put the appropriate mark on your time sheet to be able to confirm the employee’s absence from work. IN commercial organizations put the code “NN”. In case of temporary disability, it can be corrected to “B” or “PR” - absenteeism.

In government or municipal institutions, if you use a time sheet according to form No. 0504421, enter the code “P”. If absence from work occurred with the permission of the administration, the code is corrected to “A”, for illness - to code “B” (based on Methodological recommendations, approved by order of the Ministry of Finance dated March 30, 2015 No. 52n).

Step 2

Draw up an employee absence report. This document is prepared in free form with the signature of at least two witnesses. A report is drawn up for each day the employee is absent. If he is away from work for a long time, you can draw up acts less frequently. Instead, it is enough to write a report addressed to the head of the organization. It should indicate the fact that the specialist is absent from work. Describe methods for finding him, for example, calling home, mobile, conducting official checks, and so on. The report and report indicate the time of absence in days, hours and minutes.

Step 3

Get the employee to provide a written explanation of the reason for the absence. The employee is given two working days to provide explanations. Based on this, it is possible to determine whether the reasons for absence are valid or not. If the employee refuses to provide written explanations for absenteeism, draw up a report.

Step 4

After collecting all evidence of absence from work without good reason, draw up a dismissal order. The document can be drawn up using the unified form No. T-8 or on a form developed independently by the organization. The order is presented to the employee against his signature. If he refused to sign the document, a document about this is drawn up in any form.

Sample letter of dismissal for absenteeism

Step 6

Make an entry in the work book with the wording: “Dismissed due to absenteeism, subparagraph “a” of paragraph 6 of part 1 of Article 81 of the Labor Code.” The employee's personal card is closed. Termination of the employment relationship must be carried out within one month from the discovery of the violation. The time the offender is absent from work is not included in this period.

An expert from the magazine “Personnel Business” will tell you. From the article you will find out whether it is possible to fire an employee for absenteeism if he has not taken sick leave. What transport reasons can justify the absence. How to fire a part-time employee for absenteeism.

Punishment if the dismissal procedure for absenteeism is carried out illegally

According to the law, the dismissal procedure for absenteeism must be carried out without violations. If the documents are completed incorrectly or some are not prepared at all, the court may reinstate the dismissed person at work. The employer will pay for forced downtime in the amount of average earnings.

★ An expert from the magazine “Personnel Business” will tell you... From the article you will find out whether it is necessary to draw up absence reports on a daily basis. How to request an explanation from an employee. What date of dismissal should be indicated in the absenteeism order.

Dismissal for absenteeism is carried out in a certain sequence established by current labor legislation. It is necessary to record the employee’s absence from the workplace by drawing up a number of documents. If they are completed incorrectly or some are not prepared at all, the court may reinstate the dismissed person at work.