If an employee who is required to be present at the workplace in Ukraine has been abroad since February 2022 and does not report for work, the possibility of dismissal depends on the circumstances:
1. Attendance at work is required: If the work requires the physical presence of the employee and the employer is aware of the reasons for his or her absence, for example, due to evacuation, dismissal is not recommended.
2. Remote work is established but not performed: If an employee has a remote work arrangement but does not perform his or her duties and the employer is not aware of the reasons for the failure to perform them, dismissal may be applied for absenteeism or systematic failure to perform duties.
3. Four-month unreported absence: If an employee is absent from work for 4 consecutive months without any information about the reasons for the absence, dismissal is possible on a special ground.
In general, the situation requires a detailed review of the circumstances and possibly communication with the employee to clarify his or her situation before making a final decision on dismissal.
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