How to record an employee being late for work. Being late for work is a violation of labor discipline

Being late for work under the Labor Codeis not considered as an independent legal category, therefore, disputes between employees and the administration over dismissal for this violation of labor discipline often end up in court. Are there good reasons for being late for work? What is the relationship between reasons for being late for work and penalties?

Being late for work is a disciplinary offense

The Labor Code of the Russian Federation does not define what being late for work is. There is a general term - violation of discipline.

By signing an employment contract, the employee voluntarily agrees to perform his duties, participating in the production process in accordance with the rules of the employer. The employer establishes the regime of work and rest at the enterprise entrusted to him. Regime is an element of labor rules. Their mandatory observance is labor discipline.

Being late for work is a disciplinary offense associated with the inability to perform one's duties due to absence from the workplace during working hours.

What is considered late for work?

Since we are talking about a violation of labor regulations, in order for it to be recognized as such, the employee must be familiar with these rules in advance. If the person who was late before committing the misconduct was not officially (on receipt) familiarized with the internal labor regulations, his absence from the workplace cannot be considered late.

Why else do you need internal labor regulations, you will learnfrom the article"Internal labor regulations - a sample".

For those who, by the nature of their activity, visit different objects during the working day (for example, for repairmen, drivers), it should be specially prescribed how to distinguish between the time they perform labor functions, movement between objects and time spent for personal purposes.

Dismissed truants win court cases and are reinstated at work if the labor regulations were not brought to them or were drawn up formally, as well as in cases where the employer cannot confirm with documents that the violation of the regime actually occurred.

The fact of committing a misdemeanor must be recorded. Based on the data of the electronic access control system or on the basis of the results of checking the attendance of employees at work, it is necessary to draw up an act that reflects who, when and for how long was late for work. The act is handed over to the violator along with the requirement to provide written explanations on this matter.

The regulations for the actions of the employer when employees commit disciplinary violations are prescribed in the Labor Code (Article 192 of the Labor Code of the Russian Federation).

Good reasons for being late for work

Since there is no definition in the legislation, there is no official list of valid (disrespectful) reasons for being late for work. At the same time, for repeated failure by an employee to fulfill his duties (due to being late, among other things) and in the absence of good reasons, he is threatened with dismissal (clause 5, part 1, article 81 of the Labor Code of the Russian Federation).

In this situation, talking about what reasons can objectively be considered valid should be based on the customs of business. Reasons for being late may include:

• illness of the employee;
• illness (death) of close relatives;
• accident, change (violation) of the transport schedule;
• difficult weather conditions;
• other emergency circumstances.

Medical certificates, certificates from transport organizations, marks on air and railway tickets, a certificate from the hydrometeorological service or housing department about an accident in the house can serve as confirmation that these events actually took place.

If the employer, after providing such supporting documents, does not require other written explanations from the employee, it can be assumed that the reason for the delay is recognized by him as valid and no disciplinary measures will follow.

Reasons for being late for work, for which they are punished

There are no gradations of reasons for the duration of delay, just as there is no concept of "systematic delay". Any delay is considered as a violation of discipline.

In the absence of valid reasons, management may first reprimand the employee, reprimand, and if the offense is repeated, dismiss (Article 192 of the Labor Code of the Russian Federation). Dismissal is also possible with a single absence from the workplace for more than 4 hours.

In this regard, a latecomer 3 times by 5 minutes is formally in a more disadvantageous position than someone who is late 1 time by 3 hours. The first has repeatedly committed a misconduct, and for this he can be fired, and the second, despite the fact that he was absent from work longer, will only receive a remark or reprimand, because he did not cross the 4-hour limit established by law.

However, this does not mean that the employer can apply measures of influence indiscriminately.

The Labor Code requires that the degree of violation be commensurate with the punishment imposed for it (part 5 of article 192 of the Labor Code of the Russian Federation).

If a dismissed employee, in search of justice, goes to court, the employer will have to provide evidence of the severity of the deed.

Results

Being late for work is a violation of labor discipline. At the same time, absence from the workplace will not be considered a disciplinary offense if the employee was not familiarized with the regime of work and rest, or if the employer did not document the violation of the regime and did not demand an explanation from the employee.

When a person is at the workplace, he is obliged to obey the charter of the enterprise and the schedule of the working day. An employee does not have the right to come to work whenever he wants (an exception if the position provides for a free schedule).

Some irresponsible workers believe that a slight delay will not entail any consequences. But this is a delusion. First, let's look at what is considered late.

being late – this is the absence for any reason at the employee's workplace from 1 minute to 4 hours.

Some managers allow workers to be up to 5 or 15 minutes late. But this is at the discretion of the authorities. Nevertheless, if such violations are systematic, then sooner or later the employer will get tired of such a negligent attitude to the labor schedule.

The Labor Code does not say anything about the concept of "lateness". It is called otherwise - a violation of discipline.

Consider examples of delays:

• The absence of an employee at the beginning of the working day;
• Late return of an employee from a lunch break;
• Leaving the workplace on a personal initiative without warning anyone;
• The departure of an employee from work before the end of the working day.

When hiring, each employee signs, where all the rules of the enterprise and the work schedule are spelled out.

If this contract does not contain a clause on lateness, or the employee for some reason was not familiarized in writing with the rules for staying at the workplace, he cannot be held liable. Otherwise, he can go to court.

Being late for a good reason

If you are a strict leader and notice the absence of your subordinate in the workplace, do not rush to punish him. First you need to figure out what caused the delay, because in the life of any person there are force majeure circumstances.

Not every lateness can be punished. Such violations are divided into being late for a good reason and for a disrespectful one.

Good reasons:

• employee illness;
• Illness of his relatives and close people (for example, a child);
• Death of one of the relatives;
• Natural disasters, accidents, etc.

Any delay for a valid reason must be documented. These may be sick leaves or other medical certificates.

If you were flooded by neighbors, then a certificate from the Housing Office, if you got into a car accident - a certificate from the traffic police, if the fault was a broken public transport - a certificate from the ATP that serves this route.

A traffic jam is not considered to be late for a good reason.

What is the difference between being late and absenteeism

Sometimes managers mistakenly assume that being late and absenteeism are the same thing. But it's not.

Let's look at the main differences in the table.

Punishment for being late

Being late is not considered a serious violation, so the punishment can only be disciplinary.

These include:

• Note - if the employee was late 1 time;
• Reprimand - 2 or more delays;
• Severe reprimand - being late is systematic;
• Dismissal - regular delays (3 times or more).

If the reason for the delay was valid, and the employee confirmed this documented, then the punishment does not occur.

For 1 such violation, one disciplinary sanction is provided. The manager can apply punishment within 6 months after the violation. All charges are canceled after 1 year.

If the employee was reprimanded for the violation, he can be removed by the manager before the 12-month period, provided that this does not happen again.

The manager can impose a fine, or reduce the amount of wages for being late. This is contrary to the Labor contract. If this is allowed at the enterprise, then the authorities may be held administratively liable.

Step-by-step instructions for dismissal for being late

According to the Labor Code of the Russian Federation, for 1 delay it is impossible. If an employee systematically violates labor discipline, then the manager has the right to dismiss the negligent employee on his own initiative in accordance with Article 192 of the Labor Code of the Russian Federation.

The sequence of actions in this case is as follows:

1. At the first delay, the employee is obliged to write an explanatory note, where he will state the reason for his action and attach the available certificates to the document. This must be done within 48 hours.
2. If within 2 days the employee did not provide a relevant note and refused any explanations, an Act on the refusal of explanations is drawn up in the presence of 3 witnesses.
3. If the reason is not valid, then an act of being late is drawn up. This document must be signed by 2 witnesses who confirm the fact of the violation.
4. If the violation was revealed by the head of the unit, who does not have the right to impose a penalty, he writes a report addressed to his leadership and attaches the necessary documents.
5. After that, the head of the company sets the date and time for the analysis, where all involved persons are invited.
6. On the basis of the act drawn up and the analysis carried out, the enterprise issues an order, which will indicate the sanctions applied to the violator.
7. After that, it is necessary to familiarize with the order of the employee to whom the penalty is applied. If the employee refuses to sign the order, then an appropriate act is drawn up, which is signed by 3 witnesses.
8. The second delay is processed in the same way as the first.
9. With the third delay, the manager can dismiss the employee on his own initiative. At the same time, the following reason “Systematic violation of labor discipline” should be indicated in the work book.

Mistakes that managers can make when trying to get fired

Before dismissing an employee, the manager must understand that violators sometimes disagree with the decision of the employer. They go to defend their rights in court.

If the management acted within the framework of the Labor Code, then the court will be on the side of the employer. If the employee proves the illegality of the actions committed against him, he will have to be reinstated at the enterprise.

Consider the main mistakes that managers make when they are fired for being late:

• The employee was fired after 2 delays, but there is no written confirmation of the first violation (it was not documented);
• The worker allowed 2 delays, but only one was for an unexcused reason;
• If the period between two delays was more than 12 months;
• The employer summed up all the lateness of the employee and called this violation absenteeism;
• There were 2 violations, but for one of them no penalty was imposed.

Conclusion

Being late is a violation of labor discipline, but it is not considered serious. If the employee's delays are irregular, the boss may confine himself to a preventive conversation or remark.

In this situation, it is important to show humanity. Perhaps the employee had really serious problems. Nevertheless, systematic violations should not be allowed, because this only worsens discipline in the team.

According to the labor code, being late for work is a violation of labor discipline. When getting a job, an employee concludes an employment contract with the employer, which determines the schedule of his working time. In addition to the employment agreement, the employee gets acquainted, signs and, accordingly, must comply with the internal labor regulations. Violation of labor discipline entails punishment, in accordance with article 192 of the Labor Code of the Russian Federation.

What is considered late for work and how to file it

The absence of an employee at the workplace at the set time for up to 4 hours is considered late, regardless of when this absence occurred - at the beginning, in the middle or at the end of the work shift. Even if the absence lasted 5 minutes, this is already considered a violation of work discipline. The absence of an employee from the workplace for more than 4 hours per shift is considered absenteeism.

In order for employees to maintain discipline, the process of being late should not be left to chance. Each case of appearance at work later than the established time should be recorded, documented and dealt with accordingly. Only in this way will employees understand the seriousness of the situation with delays.

The lateness of a member of the labor collective to the beginning of the production process must be documented as follows:

Disciplinary action for being late

The appearance at the workplace later than the established time is a disciplinary offense, and, accordingly, the punishment for being late for work can only be disciplinary. Can they get fired for being late? Quite, however, the measure of punishment should correspond to the severity of the offense. These measures include:

1. Reprimanding the offending employee. This measure is considered the easiest and is applied at the first violation.
2. Reprimanding the violator. This type of penalty is applied when an employee is repeatedly late for work.
3. Dismissal of an employee from the state of the enterprise. An extreme measure of disciplinary action is applied in case of a regular, unreasonable, long delay of an employee to the start of the production process. Employees who are careless about the work schedule should be aware that they can be fired for a gross violation, including being late. The decision to dismiss an employee is made by the employer personally. He has such a right, but not an obligation.

The law establishes that only one penalty is applied for one violation. It is forbidden to apply different kinds of punishment for one violation.

A disciplinary sanction must be applied to the violator within a month, but no later than six months. This period does not include the time the employee is absent from the workplace due to illness, vacation or other reasons.

If during the year the employee did not have other cases of violation, then the discrediting fact is removed from any records. The employee is considered not to have any penalties at all.

Despite the seriousness of the misconduct, the head of the enterprise does not have the right to collect a fine for violation including for being late. This provision is regulated by the Labor Code of the Russian Federation. Withholding money violates the employment contract and the rights of the employee. For the application of this penalty, the head of the organization may be subject to administrative punishment.

If every case of being late for work by members of the labor collective is recorded, dealt with, suppressed and punished, then there will be no problems with the observance of labor discipline in this organization. Drawing up various kinds of documents and acts is necessary if the conflict between the parties is submitted for trial to the labor inspectorate or court.

One of the most common complaints against employees arises from being late. The law interprets such situations unambiguously - the employee is obliged to comply with the rules of the labor schedule.

According to the Labor Code of the Russian Federation, disciplinary sanctions are provided for being late for work, most often these are oral reprimands. If the employee is responsible, and with rare delays has good reasons, the administration of the enterprises does not abuse its right. There are cases when the employer applies a fine for late attendance at work. How legitimate is this and what does the Labor Code of the Russian Federation say about this?

The main thing that the employee needs to remember in this matter is that any delay is considered late. It doesn’t matter to a strict boss how many minutes you are late, if there is the very fact of not showing up on time.

Absence or long delay

At many enterprises, absence from the workplace is recorded automatically. You need to be ready for sanctions even in the event of a minimal delay. Some executives, by oral agreement, do not pay attention to delays of less than 10 minutes. But even in this case, it is worth coming on time, because one day such a privilege can turn into a reprimand from the authorities.

Quite a different situation with walking. Several hours of absence from the workplace is a gross violation. If an employee did not fulfill his direct duties due to being late for more than 4 hours, the manager can automatically apply disciplinary sanctions against him for absenteeism. The last resort in such a case is dismissal.

Employee Responsibility

Short-term and single non-attendance at the beginning of the working day is not a critical violation. Disciplinary sanctions may be applied, but they are limited, and the procedure is strictly regulated.

Systematic and one-time violations of the order established by the organization may entail a number of penalties:

• remark - this is a warning, used for a single violation;
• reprimand - a more serious suggestion, applied if the delays are repeated;
• dismissal - the employer independently terminates the contract, it is appropriate in case of repeated violations;

The above sanctions are directly indicated in the Labor Code of the Russian Federation; there are no other legal types of influence on a late worker.

To protect their rights, an employee needs to know the following principles for the use by the employer of his rights:

• each disciplinary sanction is subject to formality;
• sanctions are applied sequentially: first, a remark, then a reprimand, and only as a last resort, dismissal;
• There are no penalties for such misconduct.

The official salary of the employee must be fixed in the employment contract. A unilateral downward change in wages will be a gross violation of the employee's rights.

Some employers withdraw the bonus or part of it as a punishment for being late for work. The income of most employees is divided into a salary and a bonus part, which can be adjusted in case of various misconduct.

You cannot penalize an employee for being late. The deprivation of the bonus is also prohibited by law, but the refusal to accrue it is quite possible. This method is legal, but at the same time, the employee must be familiar with the provision on bonuses, which directly regulates such situations.

Disciplinary Action and Behavior of a Latecomer

The law prohibits an employer from imposing penalties for being late to work without due process. With all the desire, it is impossible to dismiss the guilty for a single fact of violation. Any delay must be properly recorded.

Under normal conditions, the following procedures are performed:

1. The manager invites the employee to provide an explanatory note. The latter has two days to compile it. It is allowed to attach justifying documents to the explanatory note: certificates, certificates of incapacity for work, protocols of detention, etc.
2. An act of being late is drawn up, which contains a description of the situation and the signatures of witnesses confirming the fact that the employee was late.
3. An order is issued describing the penalty for the delinquent worker. The employee must be familiar with all documents.

There may be a good reason for being late. Such circumstances are considered to be beyond the control of the employee - natural disasters, illness, death of loved ones, accident. In this case, the employer cannot apply disciplinary sanctions.

• check out the work schedule. In some organizations, everyone comes to work by 8 am, and the rules indicate the beginning of the working day at 8:15;
• if you are late, notify the manager by phone, describe the reasons, thus noting your responsible attitude to the work schedule;
• if the manager requires, provide an explanatory note, describe the situation truthfully. The presence of traffic jams, broken locks and sudden plumbing work is easily checked;
• Don't be late again anytime soon. Even a single delay can encourage your boss to take a closer look at your work schedule.

The very fact of violation does not always mean the guilt of the employee. In order to apply appropriate measures to the employee, management needs to investigate the reasons for being late. After that, the employer can choose how to mark this misconduct and decide if it is a violation of the rules.

In case of repeated violations, the employer has the right to tighten control measures. In many organizations, employees themselves forced management to introduce video surveillance and electronic access control, because. systematically violated the rules of the labor schedule.

In any case, it is worth remembering that unreasonable penalties are illegal. A fined employee who believes that his rights have been violated has the right to apply to the labor inspectorate or court, but this should be done only as a last resort. Third-party proceedings negatively affect the employee's reputation, and in most cases end in a forced termination of the relationship.

Each of us has been late for work at least once. Being late can be due to many reasons, both of a respectful nature, and due to the fact that the employee is simply undisciplined. What is being late for work according to the Labor Code of the Russian Federation? What are the consequences for the worker can lead to a delay in work? How can an employer apply for penalties?

An employee was late for one minute or for several hours, whether such a delay is due to a good reason or not, in accordance with the Labor Code of the Russian Federation, he violated labor discipline.

What is considered late for work, the Labor Code does not define. Therefore, any arrival at work later than the time established by the internal labor regulations is late.

The Labor Code of the Russian Federation establishes the types and procedure for applying penalties for violation of labor discipline, regardless of the cause of the misconduct. Yes, in accordance with Art. 192 Labor Code of the Russian Federation, the employer has the right to apply the following types of influence to the latecomer:

• comment;
• rebuke;
• dismissal for appropriate reasons.

IMPORTANT! The presence in Art. 192 of the Tax Code of the Russian Federation, the wording “has the right” indicates that the application of the listed impacts on an employee is a right, and not an obligation of the employer.

Step-by-step algorithm for applying measures to a late employee

Being late for work entails responsibility up to and including dismissal (if the employee has already been subjected to disciplinary sanctions and the lateness is malicious) ( Art. 193 Labor Code of the Russian Federation). However, this is a very labor-intensive event. The employer's procedure is as follows.

Step 1. Fix the fact of being late. There is no unified document form for this. It can be done in the form of an act, service or memorandum.

Step 2. Demand to explain the reasons. This action can be issued by order.

The employee has 2 days to give explanations (Article 193 of the Labor Code of the Russian Federation). If he refuses to give explanations, the employer will have to draw up an act in the presence of witnesses confirming the fact of refusal to provide explanations. Such refusal will not prevent the application of disciplinary action. If the employee has a good reason for being late for work, it is in his interests to draw up an explanatory note indicating the reasons and attach supporting documents.

Step 3. Consider explanations and decide on disciplinary measures. When choosing a punishment, one must take into account the severity of the misconduct and the circumstances under which it was committed, as well as the previous behavior of the employee, his attitude to work.

On the explanatory note, the head puts a resolution that includes the names, initials of the performers, the content of the order, the due date, signature and date. An example resolution is provided in the sample.

IMPORTANT! Labor legislation does not contain a list of valid reasons for non-performance or improper performance of labor duties, therefore, it is up to the employer to determine whether the reason was valid or not.

Step 4. Issue a Disciplinary Order if the employee's explanations are deemed disrespectful by the manager.

It is necessary to familiarize the employee with the order against signature no later than three working days from the date of its issue. In case of his refusal to familiarize himself with the order, the employer draws up an act of refusal to familiarize. An order to issue a comment or reprimand may be drawn up in free form. If, however, dismissal is chosen as a punishment, it is necessary to issue an Order to terminate the employment contract (it is up to you whether or not to use the unified form T-8).

An entry is made in the work book only if a disciplinary sanction is applied to the employee in the form of dismissal ( Art. 66 Labor Code of the Russian Federation).

Can a latecomer be deprived of a bonus?

It is possible if this is provided for in the local regulatory act of the organization establishing the bonus system. In this case, the provision on bonuses must necessarily establish the conditions and procedure, including documentation, in accordance with which the size of the bonus may be reduced or the employee may be deprived of the bonus in full.

Terms and other conditions

Punishment for violation of discipline may be applied only within one month from the day when the violation became known, and no later than six months from the day the misconduct was committed. A six-month period is provided for situations where the offense was not detected within a month.

For each disciplinary offense, only one disciplinary sanction may be applied. For example, it is impossible for an employee to be reprimanded and terminate the employment contract for being late.

When deciding on a disciplinary sanction, the employer should first of all assess the significance of such an employee for the activities of the enterprise, the actual damage caused by such an employee to the organization's activities as a result of being late. In addition, it should be borne in mind that failure to apply measures to one employee may lead to the fact that the rest consider compliance with the internal regulations of the enterprise as optional. Therefore, if an employee who is very necessary for the organization has a habit of being late, it is more expedient to establish a special, irregular work schedule for him.