Are the actions of the head of the institution legal, if the employee is called ...

Such actions of the manager are illegal!

Absenteeism is the absence of an employee from work for more than 3 hours. continuously or in total during the working day without valid reasons and without a corresponding warning to the employer in the prescribed manner.

In order to terminate an employment contract with an employee based on his absence at the workplace for three hours during the working day, the owner or the body authorized by him must have reliable evidence certifying the absence of the employee at the workplace during the specified period.

The main thing in dismissal for absenteeism is the absence of a valid reason for the employee's absence.

The legislation does not define the list of circumstances under which absenteeism is considered committed for valid reasons. Therefore, when deciding on the validity of the reasons for the employee's absence from work, the court must proceed from specific circumstances and take into account the evidence available in the case. (Resolution of the Supreme Court No. 199/8766/18 of April 22, 2020)

Regarding the term "good reasons", which prevent the employer from considering the employee's absence from work as absenteeism, according to judicial practice, such good reasons can include mandatory attendance at authorities, such as, for example, the prosecutor's office, the court or **military commissariat (TCC SP) ** when requested.

Therefore, a summons to the TCC SP cannot be considered absenteeism.