What is considered late under the Labor Code? Being late for work according to the labor code - punishment and instructions for dismissal

In almost any enterprise, management is faced with the problem of lateness of their employees. The reasons for being late can be various, both respectful and disrespectful. Sometimes the authorities are loyal, turning a blind eye to small delays. But in most cases, he has to be severely punished for such misconduct, up to and including dismissal, thereby preventing the team from becoming discouraged. How to legally competently approach this issue, for what kind of lateness to work, according to the labor code, should an employee be punished?

Lateness and responsibility for it

The Labor Code states that the employees of the enterprise are obliged to adhere to the work schedule of the company and strictly observe the rules of labor discipline. For the effective organization of the labor process, the time of the beginning and end of the working day or shift is regulated by the labor schedule.

Some organizations introduce a relatively free work schedule, and require employees to complete the plan and scope of work. However, most enterprises adhere to a clear working day regimen.

How late can you be late for work according to the labor code of the Russian Federation? From a legal point of view, the time frame for such a delay is not limited to the well-known fifteen minutes. Being late for 15 minutes for work is not legally described by the labor code. When asked what is considered late for work, the labor code answers that there is a concept of “working hours”. With the approved working regime, the absence of an employee at the workplace for at least one minute from the beginning of the working day is a disciplinary violation. Being late for work entails responsibility and, accordingly, the employee will be punished for it. If the enterprise is equipped with electronic fixation of the arrival and departure of workers, then the case can go to trial even with a delay of a few seconds.

The Labor Code considers being late for work as violations, although they are considered minor in severity, but sanctions still cannot be avoided.

The punishment for being late for work according to the labor code is carried out by issuing disciplinary sanctions. Penalties are different according to the degree of issuance: remark, reprimand, severe reprimand, dismissal. At the same time, the severity of the violation matters, and the circumstances due to which it was committed are also considered. Under the law, it is impossible to dismiss an employee with a single penalty. If repeated or repeated violations are made and at least one is not withdrawn, the employee risks losing his job. For non-compliance with the rules of labor discipline, he is threatened with dismissal under the article. The violation is removed if more than 12 months have passed since it was committed and during this period there were no repeated such offenses.

Absenteeism

A more serious non-compliance with the rules of labor discipline than being late is absenteeism. If an employee is absent from the workplace for more than 4 hours without a good reason, absenteeism is counted to him. Missed time is recorded and displayed in the time sheet of the enterprise. Upon the commission of absenteeism, a disciplinary sanction is applied.

The most severe penalty is dismissal under the article. This applies to all employees, even those who have committed this violation for the first time. Upon dismissal for absenteeism, it is necessary to make an appropriate entry in the work book. For an employee, such a record will prevent subsequent employment. In view of this, management prefers to allow the employee to write a letter of resignation of his own free will.

Reasons for being late

Any working person has faced such an unpleasant event as being late, because life situations are different.
At the legislative level, there are no clearly specified reasons for being late for work, which of them are respectful and which are not. In practice, valid reasons include reasons for which the employee is not to blame: illness, utility accident, traffic accident, death of a close relative. Or these reasons arose as a result of force majeure circumstances: a natural disaster, natural disasters, and so on.

Read also: How to arrange a transfer to the main place of work from a part-time job

Reasons such as a traffic jam or spilling are not considered valid.

So, if you still can’t get to work at the appointed time, how can you avoid or at least reduce sanctions? First you need to call the boss and warn him about the delay, truthfully explaining the true reasons for being late. If these reasons are even disrespectful, for example, overslept or stuck in a traffic jam, it is still better to explain in advance than later to confront him with a fact. There is a chance that the boss will treat with understanding and will not reprimand.

But if he is not condescending, then penalties cannot be avoided. The boss may say that you need to leave the house in advance with a margin of time, counting on probable transport delays if we are talking about a traffic jam. Such a reason as "overslept" will irritate him, since he himself comes on time. Therefore, if such problems arise systematically, it is possible to agree with management on a more convenient flexible work schedule.

If, nevertheless, a more serious incident happened for reasons beyond the control of a person of a valid nature? Valid reasons for being late for work, as a rule, are documented by certificates at the place of the event. For example:

• feeling unwell with a visit to the doctor in the clinic, confirmed by a certificate from the doctor;
• a traffic accident, you must try to get a certificate from the traffic police;
• municipal accident, you will need a relevant certificate from the Housing Office.

Supporting documents must not be falsified in any way. This can only make the situation worse. If the authorities have doubts, they will want to verify the authenticity of the documents provided. And then the sanctions against the employee can be applied much tougher, he is threatened with dismissal. Also, troubles await a doctor or a police officer who issued a fake certificate, up to criminal prosecution. Therefore, putting yourself and others at risk is highly undesirable.

If it is not possible to prove the presence of a good reason in writing, you can list witnesses to the incident who can confirm the words.

Explanatory note

In addition to providing references, it is very important to write an explanatory note. Its compilation requires the rules of compliance with labor discipline. Although the explanatory note does not act as a supporting document, however, it supports the documentary evidence in writing. The explanatory note must contain the following information:

• Full name and position of the addressee and compiler of the note, company name;
• date, time of delay or time of absence from the workplace;
• the reasons and circumstances due to which the event occurred;
• attached supporting documents.

The main thing is to describe in detail how everything happened in reality and not to compose non-existent reasons and circumstances. The note is drawn up at the request of the authorities, 2 working days are allocated for its preparation. Together with the employee's explanatory note, the authorities submit a memorandum to their higher management.

The management reviews the documentation, and then, taking into account the severity of the misconduct and the circumstances that led to it, applies a disciplinary sanction. If, after 2 days from the date of the misconduct, an explanatory note is not provided, the management draws up an act of violation, and the disciplinary sanction will still be applied.

Penalties applicable for being late

In addition to punishments in the form of reprimands and remarks, management applies sanctions to regulate the order and discipline of employees. Imposing penalties for being late is prohibited by law, unless such actions are stipulated in an agreement signed by an employee. This is due to the fact that it is impossible to change wages without observing the terms of the contract.

Even the most accurate mechanism sometimes fails, even the most punctual worker may be late due to unforeseen circumstances. As important as it is to comply with your job responsibilities, you also need to be sure that your rights are not violated by the actions of the employer. Being late for work is, first of all, a disciplinary offense, but the reasons that led to it can be valid and not very good. What arguments can be given to justify it, how an explanatory note is drawn up correctly about being late for work, and what disciplinary measures can be applied to employees, we will describe further.

What is an explanatory note?

An explanatory note about being late for work is an official document that can be requested by the employer, both orally and in writing, from an employee who has committed a disciplinary offense, about the reasons explaining his absence from the workplace.

An interesting fact: in the case of litigation, the concepts of “workplace” and “place of work” are clearly separated. At the same time, it is the “place of work” that will be essential when drawing up an employment contract, as well as determining for the court.

The explanatory note has the functions of an educational and regulatory nature. On the one hand, this is an increase in the level of responsibility of the employee in relation to the performance of his duties, on the other hand, it is taking into account compliance with the requirements for the working hours established at the enterprise.

To begin with, it is necessary to clarify that the absence of an employee at the workplace for less than four hours is considered late; a delay in excess of the established period can be regarded by the employer as. The determination of the severity of the misconduct committed by law is given to the employer, who himself has the right to decide on the validity of the reasons.

Refusal of an employee to write an explanatory note for being late for work

If the employee categorically refuses to explain in writing the reasons for being late, then the employer, after two working days, can draw up an act that records the essence of the violation, the reasons and the very refusal to draw up an explanatory note. At the same time, the employee’s disagreement with the manager’s requirement to provide written explanations does not affect the application of disciplinary measures to him.

Lateness refers to disciplinary offenses for which an employee may be declared a remark, reprimand, dismissal (if there are sufficient grounds). Therefore, the employee must first of all protect himself and argue in his defense using an explanatory note. A fine for being late for work can be applied to an employee as a punishment for violating labor discipline only when this measure is stipulated by the terms of the employment contract or local regulations of the enterprise. A similar situation, from the point of view of judicial practice, develops with the deduction of bonuses in case of being late for work.

Questions and answers

1. I have an irregular working day, which is established by the terms of the employment contract. Also, the time of the beginning and end of the working day is not discussed. The management requires an explanation for being late for work by two hours in the morning. What should I do?

The legislation does not fully regulate this issue, but judicial practice has come to the following conclusions. If it is impossible to establish a normal working time, the enterprise should introduce a summarized accounting of hours actually worked with daily recording of the beginning and end of the working day. In this case, being late for work cannot be regarded as a disciplinary offense, since the work schedule has not been established.

1. Today my colleague and I were late for work at the same time. The boss met us at the workplace and demanded that I submit an explanation for being late for work, and my colleague simply issued a verbal reprimand. Do I have to submit an explanatory note and is this discrimination in the workplace?

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Instruction

late absence from the workplace before work or after the lunch break is considered. Record the fact of being late. Draw up an act about this, in which you must indicate the actual time of arrival at work. The act must be signed by three employees of the company.

Take a written explanation from the late employee about the reason for the disciplinary offense. You can request it either verbally or in writing. Give the employee a notice to give an explanation. The period during which he is obliged to submit it is 2 working days.

If the employee refused to give an explanation, draw up an “Act of refusal of an explanation”. In it, state the facts, be sure to indicate the date the notice was issued, the reason for the employee's refusal to explain. Put the date of drawing up the act, the signatures of three employees. Usually this is the head of the department in which the employee works, a specialist in the human resources department and another witness.

Make a report addressed to the head of the company, attaching supporting documents to it - an act, an explanation. Register it and pass it through the secretary to the boss. The head of the company makes a decision and, if necessary, sets the date and time for the analysis of the violation of labor discipline. It should finally determine the causes of the violation and the punishment.

Impose a disciplinary sanction in accordance with the requirements of articles 192, 193 of the Labor Code of the Russian Federation. An extreme measure is the dismissal of a negligent employee. It is possible only in case of systematic violations of labor or production discipline on his part. In addition, the lateness of an employee should entail serious consequences for the production activities of the company.

The procedure for material punishment (reducing the size of the bonus, up to its complete deprivation) should be specified in the "Regulations on the Company's Bonuses". As a rule, a bonus is assigned to employees provided that they do not have violations of labor or production discipline.

On the fact of analysis, prepare an order. The employee must be familiarized with it within 3 working days. In case of refusal to familiarize, draw up an act.

note

The punishment must be proportionate to the offense committed. If the delay is admitted for the first time and the duration is insignificant, you can limit yourself to a warning. In addition, the employee may be punished financially or by the imposition of a disciplinary sanction.

Sources:

• Labor Code of the Russian Federation. Labor discipline
• what counts as being late for work

If an employee is systematically late for work, this act can be attributed to a violation of production discipline and untimely performance of labor duties. The employer has the right to terminate the employment relationship unilaterally by applying Article No. 81 of the Labor Code of the Russian Federation, but for this all delays must be documented.

You will need

• - an act of being late;
• - written explanation;
• - an act of refusal to give a written explanation and sign the submitted act;
• - written punishment with a disciplinary sanction.

Instruction

For a single being late You can't fire a bad employee. The labor inspectorate or the court will consider this a gross violation, bring the employer to administrative responsibility and forcibly force the illegally dismissed employee to be reinstated in the workplace, pay him forced absenteeism. Correctly executed multiple delays allow the employer to apply Article No. 81 of the Labor Code of the Russian Federation.

In order to register lates correctly, each time collect an administrative commission from among the administrative staff of the enterprise. Draw up an act in which indicate how much time the employee was late again. All members of the commission are required to sign the drawn up act.

Familiarize the employee with the executed act against receipt. Ask for a written explanation of the reason for being late. If the latecomer does not sign the act and is not going to explain anything in writing, draw up a repeated refusal act.

Next, write a written reprimand with a punishment or penalty. As a punishment, you have the right to deprive the violator of a bonus, promotion or reward. Familiarize yourself with the written employee against receipt. If you refuse, issue another act.

In the same way, draw up a repeated violation. Two disciplinary sanctions give the employer the right to terminate the employment relationship unilaterally. If you have drawn up all the violations correctly and there is documentary evidence that they were committed repeatedly, neither the court nor the labor inspectorate will be able to consider the termination of the employment relationship illegal.

Legal termination of employment relations unilaterally does not give the employee the right to be reinstated in the workplace and receive compensation for forced absenteeism. However, upon termination, you must pay all amounts due and pay compensation for all days of unused vacation.

Advice 3: How to draw up internal labor regulations

Each organization must have such an organizational and administrative document as internal labor regulations. It is with the help of this act that the labor relations of the employer with employees are regulated. As a rule, the labor regime and routine for all organizations is different, therefore there cannot be a unified form of this document. Each manager works with the Legal or Human Resources department to develop these policies.

Instruction

The internal labor regulations can be both an annex to the collective agreement of the organization, and drawn up as a separate local act. It is up to you to decide whether or not to draw up the title page of this document, but in practice, most often it is not drawn up.

In order to draw up labor regulations, be guided by the Labor Code of the Russian Federation, namely section 8, which is “Labor regulations. Labor discipline.

First you must define the specifics. If your organization has employees who work part-time, then this document should reflect this by indicating the positions. Write about their daily routine as well, i.e. rest times, work hours, etc.

If you have employees who are involved in temporary work, then the internal regulations should indicate the conditions for their work, for example, the right to leave.

In this organizational and administrative document, first write down the general provisions, that is, indicate for whom the rules are being developed, their purpose, and by whom they are approved. Next, you can prescribe the procedure for hiring employees and their dismissal. For example, in this block you can indicate the application of a probationary period, the need to fill out a bypass sheet before dismissal, etc.

In the next block, list the main rights and obligations of the parties. For example, compliance by employees with official duties, the obligation of the head to provide annual paid leave, etc.

The next item is the mode of working time and its use. Here you can list all public holidays in the coming year. Also, be sure to indicate the work schedule, lunch time, vacation duration, the possibility of granting unpaid leave, etc.

Also, in the internal labor regulations, write down information on the payment of wages, for example, indicate the date when this happens. If you use bank transfer to pay it, then also write this in the act.

Do not forget about the item "Encouragement for successful work." List specific payments, that is, indicate bonuses, allowances for overfulfillment of the work plan. After that, it is advisable to write about the responsibility for violations of the rules, in it indicate the amount of disciplinary sanctions. Next, indicate the information both from your side and from the side of the employee.

When choosing certain rules, remember that this act should not be overloaded with information, it should be easy to read and understand.

Related videos

No matter how disciplined a worker you are, cases of being late do happen. There will always be reasons for this - both the alarm clock and transport can fail. Of course, when this is an accident, the employer is unlikely to pay attention to such a single violation of discipline. But in the event that this happens regularly, in accordance with the Labor Code of the Russian Federation, you can be punished and even fired.

Lateness and the Labor Code

In the event that during these periods you were not at the workplace for some time, it is considered that you were late, but if you were absent for 4 or more hours in a row, this will already be considered absenteeism, which is fraught with dismissal. If you were not at the workplace for less than 4 hours, the Labor Code of the Russian Federation establishes only a disciplinary punishment for this - a remark or a reprimand.

To apply disciplinary measures to an employee, he must sign the internal labor regulations in force in this organization.

What to do if you are absent from work

It’s good if you can confirm the reason for the delay by attaching a document - a certificate of flooding of the apartment from the Housing Office or a certificate of cancellation of transport, which you can be issued at the box office. When the reason for the absence is valid, you can expect that the labor conflict will be settled on this, and you will not receive any penalties.

At private enterprises, additional sanctions may be applied for those not provided for in the Labor Code.

The Labor Code of the Russian Federation does not provide for dismissal for systematic delays, but Article 81, clause 5 provides for the termination of an employment contract at the initiative of the employer for the employee's repeated failure to fulfill his labor duties without good reason in the event that he has an outstanding disciplinary sanction.

You may be subject to disciplinary measures that are imposed for a period of 1 year, and in the event that you are again late without a good reason before the expiration of this period, the employer will already have the right to dismiss you on appropriate grounds.

When thinking about the laws that must be observed in the army, cases of hazing between military personnel (simply "hazing") and desertion, replicated by the media, inevitably pop up in my head. Moreover, the Criminal Code of the Russian Federation is only the tip of the iceberg in a huge array of normative acts that should guide the everyday life of the military personnel of the Russian army.

The main reason for the protracted processes in the courts, the participants of which are the management of companies and employees, concerning being late for work, is the absence of a legally defined concept of “lateness”, as such, in the Labor Code of the Russian Federation. Despite this, being late is a class and has certain unpleasant consequences that can be avoided by following the advice given in the text.

What is considered late, what is its difference from absenteeism

The popular belief about the legality of the "fifteen minute delay" is not true. According to the Labor Code of the Russian Federation, even if an employee is a minute late, the authorities have the right to start proceedings.

At the same time, under the "long delay" careless employees hide, using this kind of interpretation as an excuse for their actions. There are clearly defined time frames in this respect in the legislation. So, absenteeism is the fact that an employee is absent from his workplace for more than 4 hours of working time. Lateness means any delay that lasts less than the specified time.

The fact of absence for more than 4 hours on site is recorded in the report card. Based on the Labor Code of the Russian Federation, absenteeism can legally be followed by or (even if such an offense was not previously noticed by the employee). At the same time, a corresponding mark is put in the work book, which may lead to the inability of the employee to get a new job in the future. Therefore, most employers provide the employee with the opportunity to apply with a petition.

What measures are applicable to those who are late for work?

Sanctions for being late for work

Based on the norms prescribed in the Labor Code, for any disciplinary violation, the employee who committed it must be held accountable. It means comments, reprimands, as well as an extreme measure - dismissal.

note

At the legislative level, such types of punishment as the application to the guilty or deductions from wages are not provided. If management applies this method of disciplinary action, this is a direct reason for the employee to go to court.

But many companies find alternative ways out of this situation. Thus, the management of business entities has the right to vary the size of the bonus at their own discretion. Therefore, in organizations with bonus incentives for being late, employees are punished with the complete deprivation of the bonus or most of it (from 30% to 50%). At the same time, the payment of a bonus is not a mandatory form of remuneration, therefore, the management does not violate anyone's rights.

Although a single delay of less than 4 hours can serve as a reason for proceedings, it cannot become a reason for a full-fledged punishment. In this case, the manager has the right to oblige the employee to write an explanatory note explaining the reasons for being late. The repetition of an offense entails a reprimand. A systematic violation (more than three times in a row) of the labor schedule leads to serious consequences: the employer has the right to dismiss an employee who violates the rules of work discipline in this way.

With a lengthy trial and not the best relationship between the employee and the employer, it may be noted in the work book that the employee did not fulfill his duties.

Important fact

In practice, a regular repetition of a violation is recognized as a serious misconduct. But the time for which the employee is late, if it is not more than 4 hours, affects the punishment much less than the number of violations. That is, the probability of dismissal of an employee who was 15 minutes late 3 times is higher than one who was late twice an hour.

Reasons for being late that are considered valid

Since the Labor Code of the Russian Federation does not establish a definition of the term "lateness", as such, there is also no list of valid and disrespectful reasons for its commission.

In practice, the management of most companies is lenient with delays due to the death of a relative, a utility accident, an accident, severe weather conditions or a natural disaster. In this case, evidence is requested that would confirm the words of the latecomer. They can be eyewitness testimony or documents, certificates, notes from government agencies (hospitals, housing departments, etc.).

Important fact

In case of an accident, the main evidence is a document confirming the participation of a latecomer in a particular event, issued by the traffic police.

What to do when an employee is late

The main rule that a latecomer should remember is not to lie about what caused the delay. The falsity of evidence (fake notes, certificates or any written documents) is not difficult to establish. At the same time, an employee caught in a lie will almost certainly be fired, and the person who issued the acquittal document will face criminal liability for falsifying official documents.

1. Notify management of a possible delay.
2. Remember about the evidence base confirming the delay, about the confirmation of a good reason (certificates from the hospital or housing department, etc.).
3. If the management requests, it is necessary to draw up an explanatory note, in which the reasons for the delay should be set out in detail.

The most favorable outcome of such a situation is a peaceful settlement of the conflict with the authorities. You can offer an alternative to punishment in the form of working off during a lunch break or after the end of the working day. The very first indication of management of violations in the disciplinary behavior of the employee should be a signal for the latter to a more respectful attitude to their duties.