The company holds a celebration during working hours. One employee works through the scheduled tasks, tidies their workspace — and goes home, skipping the picnic and the open bar. The employer files an absence report and issues a dismissal order.
Was that lawful? The Ninth Court of Cassation of General Jurisdiction settled the question.
What happened
The employer approved this schedule for the day:
- until 13:00 — work tasks;
- 14:00–15:30 — clearing workspaces;
- from 16:00 — picnic, alcohol, and a show programme.
The employee completed their work, tidied their desk, and left at 16:00. Their reason: “I don’t drink.” Management treated this as absenteeism and dismissed the employee: “Entertainment is not a reason to leave early.”
Ruling of the Ninth Court of Cassation No. 88-1194/2026 (19 March 2026): dismissal unlawful.
Three reasons the court sided with the employee
1. No work tasks existed after 16:00
Not a single work instruction had been given to the employee for that time. The company itself had replaced work with entertainment. Absenteeism under Russian law means absence from the workplace while work tasks exist. If there are no tasks, there is no absenteeism.
2. Attendance at the event was not mandatory
The event order made no mention of attendance at the picnic as a job requirement. A general expectation is not an order. Social pressure — “everyone is going, so should you” — is not a legal basis for dismissal.
3. Absenteeism has a precise legal definition
Under Art. 81 of the Labour Code, absenteeism is absence from the workplace without valid reason for more than 4 consecutive hours, or for the entire shift. The operative word is workplace. A buffet and a picnic do not qualify as a “workplace” or “working time” in the legal sense.
What this means for employers
If you want employees to stay until the end of a corporate event — give them work to do. Without work tasks, there is no basis for a disciplinary sanction.
An alternative: include in your internal labour regulations a provision that attendance at team-building events is part of the job function. Even then, courts scrutinise whether the event is genuinely connected to the employee’s work duties.
Using “corporate party absenteeism” to remove an inconvenient employee is an expensive mistake: the employer will pay the employee’s average salary for the entire period of forced absence, compensation for distress, and court costs.
What this means for employees
Declining to drink to the company’s health is your right.
If the working day has officially been converted into entertainment, your employer cannot lawfully keep you in the office “just because.” Even if all your colleagues stay, even if the atmosphere is pressured.
The distinction matters:
- A corporate event during working hours with no work tasks — leaving early is lawful.
- A corporate event after working hours — this is a voluntary activity and different rules apply.
If you were dismissed for leaving a corporate event early, the dismissal is contestable. File a claim in court within one month of the dismissal date (Art. 392 of the Labour Code).
Frequently Asked Questions
Is an employee required to attend a corporate event held during working hours? Only if attendance is explicitly stated in an order as a job requirement. A general expectation that “everyone goes” is not a legal basis for keeping the employee on site.
When is leaving a corporate event early lawful? When there are no work tasks for that period. In case No. 88-1194/2026, no work instructions existed after 16:00 — leaving early was lawful.
Can an employee be disciplined for declining alcohol at a corporate event? No. Consuming alcohol is not a job duty. Any pressure on this matter violates the employee’s rights.
What should I do if dismissed for leaving a corporate event? Contest the dismissal in court within one month of receiving the dismissal order (Art. 392 of the Labour Code). The court may reinstate you and award average salary for the entire period of forced absence.
Read Also
- Dismissal for Absenteeism: Four Procedural Errors Employers Make
- Resignation Under Pressure: Four Steps to Protect Yourself
Dismissed for absenteeism in circumstances that seem questionable? We will review the case and assess your prospects for reinstatement.