Being late for work is a violation of labor discipline. How to punish an employee for being late for work according to the labor code

Being late for work is one of the most frequent violations allowed by employees. In some organizations, slight delays are overlooked as long as the work gets done. In others, being late is fraught with scolding from the authorities and various punishments. How serious is this misconduct, what can it threaten the employee with: we will consider these issues from the point of view of labor legislation.

Let's start with the fact that in the Labor Code there is no concept of "lateness" at all. The law considers the situation as a whole and operates with the concepts of "mode of work and rest", "rules of internal work schedule"," labor discipline ". Indeed, why single out being late for work in any way, because it is essentially no different from leaving it prematurely, and not only at the end of the working day, but also, for example, for a lunch break?

In addition, the very concept of “work” is rather vague, because you can go through the checkpoint in a timely manner, and then be in the smoking room, instead of performing your job duties in the sweat of your brow.

So, according to the Labor Code, the absence of an employee without a good reason at the workplace and at the time established by the internal labor regulations, legal orders and orders of the head, employment contract- in any case, it is a violation of labor discipline: whether it is being late, leaving work prematurely, or an unauthorized “smoke break”. Punishments for violations are quite specific and there are only three of them: reprimand, reprimand, dismissal.

It should be immediately clear that the imposition of such disciplinary sanctions as a remark and a reprimand is entirely the prerogative of the head of the organization, and he has the right to apply them for any violations of labor discipline. The only thing that limits it somewhat is the last paragraph of Article 192 of the Labor Code, which reads:

“When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.”

Dismissal is an extreme measure, and therefore all the reasons for such punishment are clearly indicated in article 81. In the context of interest to us, we note paragraphs 5 and 6a of this article: an employee can be dismissed if he repeatedly fails to comply job duties without good reasons(if at the same time he already has an outstanding disciplinary action) or when absent from the workplace without good reason for more than four hours in a row. Let us clarify: any violation of labor discipline, even a minor one, is a failure to fulfill labor duties, and the term “repeated” applies not only, for example, to the tenth violation, but also to the second.

Let's sum up a little intermediate result:

1. If the employee is more than 4 hours late and cannot document that this happened for a good reason, then the employer has the right to dismiss him for absenteeism. Even if the employee is an athlete, a Komsomol member and a beauty, she has never allowed anything like this before.
2. If the employee was late for up to 4 hours and this happened for the first time, then he is threatened with punishment in the form of a remark or reprimand. For a five-minute delay, a reprimand is unlikely to be appropriate, but options are possible here (for example, we can talk about working on the assembly line of a car assembly plant, where every minute of downtime leads to thousands of losses).
3. If an employee has been late for a year after he has already been punished by a remark or reprimand (for any violation), and the previous penalty was not removed by a special order, then he falls under the clause on repeated failure to perform labor duties and theoretically can be completely legally dismissed .
4. The listed punishments, generally speaking, are possible, but not mandatory, since, we repeat, the imposition of a particular penalty is still a right, not an obligation of the leader. For a good leader, it is much more important to instill discipline in already proven and perhaps not the worst employees than to “wave a saber”, increasing staff turnover and destroying an established team.
5. Taking advantage of the emerging opportunity to “execute or pardon” when employees are late, some managers invent various measures of an “educational nature”: fines, working off, etc. It is difficult to say something definite about this: you need to consider each specific case. On the one hand, any other punishments other than those listed in the labor code are prohibited and in some cases can be easily challenged in court. But on the other hand, a smart leader can do everything completely legally: for example, fines can turn out to be the usual decrease in bonuses by one amount or another, working off can be justified by an employment contract with an irregular working day clause, etc. The most important thing is to understand the essence: an employee who allows a violation of labor discipline puts himself in a disadvantageous and dependent position.

Foreclosure

Be that as it may, the most logical and therefore the most common punishment for being late is the announcement of a remark. Consider the subtleties of this procedure, specified in the law.

Firstly. the very fact of being late must be documented. The document may be a report from the immediate supervisor of the late employee, timekeeper or other specially appointed person exercising control. The form of such a report is quite arbitrary, the main thing is that it reflects the fact that such and such an employee was absent from the workplace for such and such a time, from and to.

Secondly. Before imposing a penalty, the employee must be required to provide a written explanation of the reasons for the violation.

Even if this time everything goes without penalty, the memorandum and explanatory note must be submitted and properly executed: dates, signatures. If the employee turns out to be an inveterate violator, then in the future these documents may serve as grounds for the application of more stringent penalties.

If the late employee refuses to write explanations, then it is necessary to draw up an appropriate act signed by the manager and two witnesses.

Thirdly. if the head has decided to impose a penalty, then he must issue it with an order for the organization.

In the general case, the penalty must be imposed within a month after the commission of the misconduct (in this case, being late), after this period it will no longer be possible to announce a remark or reprimand. If the employee at the same time went on vacation or sick leave, then the period can be extended up to 6 months.

The order must be brought against signature to the employee within three days after publication. If the employee refuses to sign the order, then it is also necessary to draw up an act about this.

A remark or reprimand is considered valid for a year from the date of issuance of the order, after which it is automatically considered canceled. The head may withdraw the penalty ahead of schedule, for which he must issue an appropriate new order.

To the question of what is considered late for work, the Labor Code does not give an answer, there is no such term in the law. The first synonym that comes to mind is to arrive at the wrong time. So, the time of "appearance" should be set. Usually it is fixed in the PVTR or an employment contract.

You can break time:

• in the morning during a standard working day;
• arriving after the start of the shift (day, night);
• delayed from lunch break.

A delay of even one minute means being late for work according to the Labor Code. Considering that automatic systems for monitoring the time of arrival and departure of employees are now installed everywhere, it is not difficult to fix even a minor violation.

Being late is a disciplinary offense

Violation of the PWTR in terms of being late for work entails liability. Recall that the Labor Code of the Russian Federation provides for three types of punishments:

• comment;

It is impossible to dismiss an employee who is just late, since this type of misconduct does not apply to single rude ones. But you can announce a remark or a reprimand. The employer independently determines the type of penalty, but it is necessary to comply: fix the violation, demand an explanation, take into account mitigating or aggravating circumstances.

If the set time of arrival is violated by more than 4 hours, then the delay turns into absenteeism, which is the basis for dismissal.

Good reason for being late for work

Norms labor law do not contain a list of valid reasons, there are no laws and criteria by which circumstances can be attributed to one or another group.

There are reasons that objectively prevent you from getting to your workplace on time, for example, a major accident on the road, a terrorist attack on the subway, a pipe burst in an apartment, or a stuck elevator. A person cannot influence any of these circumstances, but this can happen to anyone.

It is important to prove that it happened to you, then there will be no punishment. And if it is, then the order can be appealed and canceled in court. After all, it is objectively impossible to leave an apartment in which boiling water is gushing from a pipe. With all the love for work, a person will not be able to get out of a stuck elevator until the repair team arrives. Therefore, the court will stand up for the employee.

Reasons for being punished

There are excuses. In such cases, punishment for being late for work is inevitable. An employee can oversleep, get stuck in a queue, chat with a neighbor, which should not affect labor discipline. Such grounds for delay are clear grounds for disciplinary action. Of course, at the discretion of the employer: a loyal one can forgive.

Separately, we single out road problems". Many are late due to traffic jams. And this, as it were, really interferes with being on time due to circumstances beyond the control of a person. But at the same time, the employee can leave for the office much earlier or use the underground mode of transport (where it is), thereby avoiding violations of labor discipline.

If an employee is late for the first time due to a traffic jam that is documented, such as a car recorder video file or traffic news release data, then the employee can be forgiven. If references to such a factor have become commonplace, then the person is clearly abusing - punish.

It happens that an employee is late for his workplace. What sanctions can be applied to him in this case? What reasons will be considered valid? How many minutes late can you be? How to draw up an explanatory note and draw up an act of being late for work according to the Labor Code?

What does the Labor Code of the Russian Federation say about being late?

Lateness is the absence of an employee at the place of work during the shift. We note such an important fact that, contrary to the common stereotype, there is no minimum permissible error in terms of being late. This means that formally, even if you are only five minutes late, this will also be considered a full-fledged disciplinary violation.

What is the difference between being late and absenteeism?

It is important to understand that the very definition of absenteeism is as follows: “Truancy is considered to be absent from your workplace for more than 4 hours without good and valid reasons.” Of course, in any organization, absenteeism is a much more serious offense than being late. Often this is a very weighty reason for dismissing an employee.

Video: how many hours separate acceptable lateness from absenteeism

Systematic tardiness

If an employee is not in a hurry to take his workplace, and this happens regularly, suppose, on average, consistently once a week, we can talk about a systematic delay. In such a case, appropriate proceedings are usually initiated against the employee, during which the causes of persistent violations are clarified.

Valid and disrespectful reasons for an employee to be late

On the this moment The Labor Code does not provide a clear classification of valid and disrespectful reasons why an employee may be late for work. As a rule, good reasons mean those that appeared outside the will of the employee. They can safely be included: disease (upon presentation of the relevant certificate), severe weather, accident, death loved one and others.

A disrespectful reason is one that directly depended on the employee. For example, if he, through his own fault, simply overslept his shift. Should traffic problems be considered a valid reason? Most employers are sure that traffic jams and breakdowns public transport are not relevant reasons. Therefore, in order to avoid being reprimanded for being late, you need to go to work early.

About the sanctions that an employee can expect

It is important to understand that being late is considered a disciplinary offence. Accordingly, disciplinary measures provided for by law may be applied to the employee.

What does late arrival at work entail?

Regulations for the actions of the employer when employees commit disciplinary violations spelled out in the Labor Code (Article 192 of the Labor Code of the Russian Federation). Based on the norms of this article, the employer can use the following methods to influence a negligent employee:

• announce a remark;
• make a reprimand;
• decide to quit.

At the same time, if the delay happened for the first time, then the employer has the right to make only a remark. If delays happen systematically, then this is already a serious reason for the dismissal of such an employee.

All sanctions applied must be displayed in the employee's personal file. If a good reason for being late is proved, or the employee is somehow rehabilitated, then one or another penalty may be subsequently removed from him (at the discretion of the authorities).

Video: difficult situations when issuing disciplinary sanctions

How to fix a misdemeanor

The situation with the delay of an employee requires documentary evidence. Below is a sample act that must be drawn up when an employee is late, as well as a sample order to remove a disciplinary sanction.

How to apply for an absence from work

The act of being late will record the fact of the absence of the employee at the workplace

Sample order for the removal of a disciplinary sanction

The order to remove the penalty normalizes the relationship between the employer and the offending employee

Is it possible to impose a fine: the opinion of the Ministry of Labor

When choosing measures of influence, the employer should take into account that 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). In some cases, it is enough to confine ourselves to a warning, in others - to punish to the fullest extent of the law.

Being late doesn't count. administrative offense, in the Labor Code of the Russian Federation the concept of "fine" is not used anywhere. Therefore, imposing a fine on employees is an illegitimate measure. To stimulate an employee with a “ruble”, it is enough to cut his bonus, the amount of which always remains at the discretion of the authorities.

What to do to a late worker: how to protect yourself from liability and avoid punishment

• If you understand that you are late, it is better to inform the employer in advance. Perhaps this will mitigate your punishment.
• To confirm a good reason, you must bring the appropriate certificate.
• At the request of the authorities, you may have to write an explanatory note.

How to write an explanatory note

Every person at least once had such a moment when he was late for work for one reason or another. Modern world although it requires one hundred percent punctuality from everyone, without exception, one should not forget about sudden factors interfering in the planned course of affairs. And even if we leave the house earlier, an event may occur on the way to the office that will prevent us from arriving on time.

Any working person is interested in the questions: "What will happen to me and how will the management react to being late? Will coming to work later than the time specified in the employment contract entail punishment?" And, perhaps most importantly, "Will I lose my job because I'm late?"

Why is the worker late?

The reason for being late for work can be a mere trifle: for example, a button came off your trousers, and, as luck would have it, there are no needles and threads at home. Thus, we can say that the main reason for being late by less than 15 minutes is incorrect time planning.

If you have not made allowance for the weather (for example, there has been a lot of snow and it has not been cleared yet), you have not prepared clothes in advance and have not collected Required documents, then in the morning it can seriously interfere with you. And you will spend extra time looking for the lost keys to the apartment, instead of going to the office.

Reasons for being late for work can vary. It happens that you have prepared everything, woke up on time, left the house at a certain hour, but a sudden traffic jam on the road still delayed you. This is already an unforeseen circumstance, and here it is the second most common reason for being late. It can be a traffic jam, a stuck elevator, a pipe breakdown in an apartment, or even a cat that has started giving birth. In the future, you will have to review the time you allotted for training camps and double it. After all, there are companies where it is better to come to the office earlier than to be late.

The difference between being late and absenteeism

According to the Labor Code, the absence of a person at his workplace for more than three hours can be considered absenteeism. And absenteeism, as one of the subtypes of violation of labor discipline, is considered a more serious misconduct.

If you are stuck in a traffic jam and realize that time is running out too fast and you will not have time to meet the three hours allotted by law, then you can no longer go to work - this will already be regarded as absenteeism. However, we must not forget about the loyalty of the boss: if the employee perfectly fulfills his duties, then the employer will be able to turn a blind eye to such a significant delay.

Types of punishments

You can immediately calm down: the employer simply does not have the right to fire you for a single delay for a good reason, according to the Labor Code. Being fired, as the saddest consequence of being late for work, may apply to you if you consistently come to work after the set time.

If you are late for the first time, you will be given a written warning or remark. After the second case, you may already face a reprimand. And only after receiving a reprimand, the employer can fire you, in accordance with applicable law.

In practice, in many organizations, minor delays are not punished. But we must not forget that no matter how loyal and tuned in a good relationship no matter how your boss was with a subordinate, even his cup of patience may one day overflow. And then you will receive a penalty or reprimand, drawn up in writing, and there will already be a few steps left before dismissal.

Unofficial types of punishment can also include lengthening the working day for an employee while being late or even having to go to work on his own day off to work out missed hours (if the absence is more than two hours).

Is it possible to introduce a system of fines?

Is it legal to use a ticket for being late for work? It does not apply to the permitted penalties for being late. However, quite often in firms, fines exist, despite the law.

According to the current labor code, no employer has the right to introduce a system of fines for being late for work. If the company has bonuses for employees, then for being late you may be withheld some amount from the bonus or deprived of it completely. Which, in fact, can be regarded as a fine. In this case, the law will be on the side of the employer. This is the only way to introduce a system of fines in the organization.

How is the delay fixed?

How is being late for work handled? If your organization has a time-keeping system, then be sure that every minute of your delay will be recorded by an authorized employee. If the pass to the organization is carried out through the use of magnetic cards, then the programmers keep a report on the time the key card was used. Employers, one way or another, have many ways to check whether you started your working day on time or not.

So, your lateness has been fixed. And somewhere in the document there is information that Ivanov Ivan Ivanovich arrived at the workplace with a delay of 1 hour. What's next? An act of being late for work is drawn up. According to the current Labor Code, it is prepared in a single copy and stored in the personnel department. The employee for whom the act was drawn up must write an explanatory note describing the reasons for being late. Based on these documents, the employer can apply the penalties described above.

Explanatory note

As mentioned above, the reason for writing an explanatory note is the drawing up of an act. The employee is officially warned about this from the personnel department. He may receive a notice in his name, which describes the time of his delay and voices the requirements for obtaining an explanation.

The employee may refuse to draw up an explanatory note. But in this case, he will have to write an official refusal. When compiling an explanatory note, it is necessary to clearly describe the circumstance that prevented you from arriving at the workplace on time. If your boss deems your cause valid, you may not be punished for being late to work, which means you will be able to maintain your good reputation.

Sooner or later, any leader becomes a witness to an unpleasant event: a hired employee is absent from the workplace without warning his immediate superiors. If an employee is absent without good reason for more than four hours in a row, then the Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation, the Code) this is regarded as absenteeism (clause 6 "a" of Article 81 of the Labor Code of the Russian Federation).

But what if the employee was absent from the workplace for less time? Can disciplinary action be taken for being late for work?

The main thing is the need to properly arrange job descriptions(and / or other local regulatory documents), clearly defining in them exactly where the workplace is located: otherwise it will be difficult to confirm in court the fact of being late for work.

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What counts as being late for work?

Strange as it may seem, there is no such concept as being late for work in the Code. Being late for work according to the Labor Code falls under the definition of "disciplinary offense", interpreted by Art. 192 of the Labor Code of the Russian Federation as "failure to perform (improper performance) of labor duties."

Labor discipline, in turn, is the obligation for employees to comply with certain rules imposed on them by the Code, the collective and labor agreements, as well as other local acts of the employer, in particular the Labor Regulations.

The definition of being late for work, in this case, can be formulated as the impossibility of observing labor discipline due to the absence of an employee at work at the scheduled time. As already mentioned, being late for work is considered to be absent from the workplace for up to four hours. However, if the specific work schedule suggests that the entire shift lasted less than this period, then the absence of an employee during the entire such shift is also absenteeism.

A prerequisite for a penalty for being late for work is the presence of an employee's signature, indicating that they are familiar with the Labor Regulations (and / or other regulatory acts of a local nature regulating the work process). Because if there is no evidence that the employee really does not know, for example, about the start time of his work shift, then he cannot be held liable for being late for work.

Of course, there are situations when the number of delays and the time you are late for work are insignificant and you can turn a blind eye to them. But even if we do not take into account the factor of discipline, every employer probably has employees whose absence at a critical moment can bring huge losses. Therefore, speaking about being late for work, we primarily mean the methods of combating this phenomenon, the impact on undisciplined employees and ways to punish them.

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At the same time, in some cases, it may not be worth going to the principle: if a valuable employee, for a good reason, does not physically have time to get to work by the start of the shift, then maybe it’s worth thinking about an individual schedule? But on the other hand, a responsible executor would certainly warn the authorities about such difficulties even before employment, without forcing him to further compromises.

Having studied examples of being late for work, you can classify them as follows:

• An employee is late for work, which he does not allow more than a few times a year, for objective reasons: the need to visit various institutions, transport and family troubles.
• Being late for work by 15 minutes or less, without good reason and allowed by the employee with a stable frequency. The peculiarity of such behavior of a person is inherent in the character and is explained by the fact that the employee simply does not perceive such behavior as a violation of the labor schedule. In the form of an argument in their defense, the circumstance is usually cited that "nothing terrible happened in these few minutes."
• Regular lateness to work. There are also employees who are late everywhere and everywhere, both at the beginning of working hours and in all other areas of activity. How to deal with such workers, can they counter their chronic indiscipline with any strengths and irreplaceable qualities - you decide.

Respectful, disrespectful and systematic lateness to work: what is the difference

Being late for work, depending on the reasons, is classified as respectful and disrespectful.

Good reasons for being late for work are not legally defined. Determination of them as such is at the mercy of employers and courts in the event that, in connection with this, grounds for judicial trial. As a rule, it is considered respectful the following reasons: illness of an employee or members of his family, death of a relative, getting into an accident, other circumstances that are usually attributed to force majeure.

It is possible that the employer will require documentary confirmation of the existence of valid reasons for the employee being late for work. In this case, any delay or absenteeism is easy to justify by submitting the relevant documents: sick leave, a copy of the death certificate, a certificate from the traffic police or transport company, a certificate from the management company (HOA, other housing and communal services) about a household accident and / or a photograph confirming it.

If the employer does not have evidence that supporting documents were requested from the late employee, then later this will become an argument in favor of the employee's innocence.

Irrelevant reasons for being late for work are usually divided into one-time and systematic. Article 192 of the Code defines the “systematic nature” of such a misconduct already in relation to the second violation (if the first was properly recorded). Wherein we are talking not only about being late - we mean any violations of the labor schedule in the aggregate.

If for the first case of being late for work for an unexcused reason, the manager has the right to hold the employee liable only in the form of a remark or reprimand, then for the second violation of discipline the employee can be fired, as well as for absenteeism. At the same time, absenteeism also includes absence from the workplace for four consecutive hours or more within one work shift.

Therefore, it is better for an employee if he allows himself to be late for work for an hour or two (up to four inclusive) once than he allows himself to be repeatedly late for work by 5 minutes, for which he can theoretically be fired.

In practice, of course, this rarely happens. Even if the employer decided to dismiss the subordinate in two five-minute delays, Article 192 of the Code is the basis for the dismissed employee to sue: in part five it is expressly stated that the employer is obliged to take into account the severity of the violation when establishing a measure of responsibility for him.

Thus, if a former employee considers dismissal an unacceptably severe punishment for committed violations of discipline and sues, it is possible that the judges will accept his arguments.

Being late for work: TOP 30 excuses from employees

1. Late for work due to traffic. Congestion highways leads to the fact that the “usual” delay, explained by traffic jams, already has to be supplemented with something else, in case of a particularly long delay.
2. Breakthrough of a pipe (faucet, battery) and the associated need to wait for a specialist.
3. Breakdown of public transport, if the delay time does not exceed the frequency of this route.
4. Family troubles: there is no one to be with the child (the wife has urgent business, the nanny did not come, the kindergarten is in quarantine). Or, for example, a grandmother from the village does not answer calls - you need to urgently go to check.
5. Being late for work due to problems with pets: they got sick - they had to be taken to the veterinarian, they ran away for a walk: they had to look for a long time.
6. Poor health "after yesterday."
7. Poor health due to problems with the gastrointestinal tract.
8. Tights are torn - if the boss is a man, he works repeatedly and without fail.
9. Elevator breakdown.
10. Being late for work because of the neighbors: flood, fire and many other options.
11. Theft: in transport or on the street, the employee lost money for travel (documents, other personal belongings). It is worth asking for a copy of the statement to the police.
12. Suddenly fell ill: fever, cough, etc. Often, at the same time, the employee cannot present a certificate, justifying himself that he suddenly recovered and decided not to go to the doctor.
13. I stayed at the hospital, where I dropped in in the morning for a minute to take tests.
14. Forgot or lost: keys, phone, money, anything else that can delay. Households, for example, can leave and not leave the key. Car keys often go missing.
15. Forgot to turn off heating appliances: had to return halfway.
16. Falling asleep, drove past the desired stop.
17. I had an accident (including on a bus or tram), a flat tire, etc.
18. Being late for work due to the sudden onset of monthly women's problems.
19. For some reason the alarm clock didn't ring.
20. My teeth ached: I suffered all night, I managed to fall asleep only in the morning, so much so that I didn’t hear the alarm clock.
21. Due to bad weather.
22. The traffic police detained him: either it seems to them that the employee is drunk, or he fits the orientation.
23. Overslept.
24. Late for work because the employee is so busy that he had to take work home and sit well after midnight. From constant processing completely exhausted and overslept.
25. The railway crossing was blocked for a long time, which is why I was late.
26. I forgot to take my medicine, and I can't skip taking it for anything. So I had to return. From the answer to the question: “What is being treated for?”, The employee, as a rule, evades.
27. Being late for work due to an angry dog ​​blocking the exit from the house.
28. Wedged the castle front door took a long time to open.
29. In the morning I was urgently called to some institution (bank, housing and communal services, any where they do not give a summons), I had to urgently go.
30. Being late for work due to the fact that the traffic police once again conducted a thorough inspection of the entire car.

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Expert opinion

Smartphone is an effective remedy for being late

Sergei Wasserman,

head of Mobiforce, Moscow:

Let me give you an example from my own practice. Customer - an organization that provides services for connecting and repairing various household appliances. The problem was that there were numerous complaints about the lack of punctuality of the company's employees carrying out work at the addresses of clients: specialists allowed themselves to be late for work for an hour or more, and sometimes they did not appear at all. At the same time, the specialists themselves shifted the blame on the clients themselves: they allegedly do not answer calls and are absent at the address at the set time.

In order to increase control over the work of specialists, a program was installed on their working smartphones that uses information about the current location and transmits it to the server every minute. This allowed the dispatcher at any time to have reliable data on where this or that specialist is located.

After a month of work, the situation changed dramatically: customer complaints about delays and absences of specialists completely stopped. In addition, the productivity of each repairman has significantly increased, due to which the company has been able to dramatically increase sales and enter the core market in several neighboring cities.

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What should an explanatory note about being late for work look like?

Explanatory note for being late for work official document, which fixes the fact of violation of labor discipline by an employee. The person responsible for its acceptance, processing and storage is a personnel officer, manager or his secretary.

As part of the note when being late for work, the offender is obliged to admit the fact of the violation (absence from the workplace in working time) and reflect the reasons why this happened. That is, the content of the note necessarily includes two blocks: factual (confirmation of the fact of violation) and explanatory (list of reasons that led to the violation, explanations, facts and arguments in their defense).

There are no special requirements for the explanatory form for being late for work. It can be written as regular sheet paper, and on the letterhead of the organization, or on a form specially developed by the company. The document is filled in by the latecomer personally.

In addition, you must make sure that the following information is filled in the document:

• To whom the note is sent (filled in at the top right): name of the organization, position, surname and initials authorized person or a manager acting on the basis of constituent documents;
• Document name (centered): indicated with capital letter, with a dot at the end.
• The text of the note itself, consisting, as was reflected above, of two semantic blocks: factual and explanatory.
• Below the text, the person who compiled the note must put his signature indicating the last name and initials, as well as the date of compilation.
• The person responsible for the document flow must indicate the incoming number and date of the document on the note.

If, due to being late for work, not only explanations are presented, but also any supporting documents, they are drawn up as an appendix to the explanatory note, about which a corresponding entry is made between the text and the signature of the note. If the employee refuses to write an explanatory note, a special commission draws up a special act, being late for work is recorded in it.

If the immediate supervisor of the latecomer decided to apply a penalty to him, he draws up a memorandum about being late for work in the name of the management.

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What is the penalty for being late to work?

The Labor Code of the Russian Federation (in particular, Articles 21, 189 of the Code) expressly states that the employee, in accordance with the concluded employment contract, is charged with certain duties that he must perform. These include not only duties directly related to the performance of certain work, but also disciplinary duties determined by the employer in the labor regulations and / or other local regulatory act.

Failure to comply with labor discipline (including being late for work) under the Labor Code of the Russian Federation is interpreted as a disciplinary offense for which an employee must be held liable in the form of a penalty.

The Code defines 3 types of collection: remark, reprimand and dismissal.

At the same time, the Labor Code of the Russian Federation establishes specific deadlines during which a disciplinary sanction for misconduct (for example, a reprimand for being late for work) can be applied.

Firstly, the penalty cannot be applied if a month has elapsed from the moment the misconduct was discovered. But given term may be extended by the number of days during which the offender was on vacation and / or sick leave, as well as for the period of decision-making by the trade union or other authorized body acting in the interests of the offender.

Secondly, the penalty cannot be applied if six months have elapsed from the date of the misdemeanor. This period may also be extended if criminal proceedings are pending in relation to the incident. In addition, if facts of violations are discovered as part of audits, audits and other inspections, penalties against the employees who committed them are possible within two years.

An order to be late for work, that is, to apply a remark, reprimand or dismissal to a delinquent employee, is brought to his attention within 3 working days from the date of signing: the person in respect of whom the order was issued must put a mark on it about familiarization . In case of refusal, the representatives of the employer draw up an act in which the fact of refusal is recorded. If a dismissal is made, a corresponding entry is made in work book guilty. With other measures, entering information about them into the labor is unlawful. The application of a fine for being late for work is not regulated in the Code.

If during the year the employee commits one more, even the slightest violation (which includes, according to the Labor Code, being late for work), the employer has the right to dismiss the employee as a repeated violator. In a year this measure loses power.

It may be prematurely removed by the employer: the corresponding right is granted to him by the Code.

• Examples of corporate standards and tips for developing them

Being fired for being late for work as the last resort

As already mentioned, a single lateness to work cannot be grounds for dismissal of an employee. But Article 192 of the Code defines the “systematic nature” of such an offense already in relation to the second violation (if the first was properly recorded).

Therefore, if for the first case of being late for work for an unexcused reason, the manager can hold the employee liable only in the form of a remark or reprimand, then for the second violation of discipline the employee can be fired, as well as for absenteeism.

But if the former employee considers dismissal an unacceptably severe punishment for committed violations of discipline and sues, it is possible that his arguments will be accepted there.

The established practice of penalties for absenteeism and being late for work, as a rule, does not imply any serious sanctions for the first being late without a good reason: in most cases, the employer is limited to fixing the violation in the form of an explanatory note from the violator of labor discipline.

In the future, a constantly late employee risks incurring an order for a fine for being late for work (if such an opportunity is present in local regulations employer), about the remark and / or reprimand. Do not forget that with any penalties that are not specified in the Code, but introduced within the organization, each employee must be familiarized before this penalty is applied to him.

And after that, a particularly malicious violator of the schedule can really be fired. Summarizing the foregoing, we can say that dismissal due to being late for work is made in several stages:

• With the help of explanatory notes of a late employee, the fact of each delay without a good reason is recorded.
• The amount of working time during which the latecomer was absent from the workplace is recorded in the time sheet specially created by the commission.
• In accordance with internal regulations organization, starting from a certain number of violations (usually two or more lateness to work), for each within a month, an order is issued by the head of the remark or reprimand. The violator must be familiar with the order.
• In the future, if the violation is repeated within a year from the date of collection, the employer has the right to dismiss him for non-compliance with labor discipline.
• If an employee is once late for four hours or more without good reason, such a violation is absenteeism: the Code provides for the possibility of dismissing such an employee without waiting for a repetition of the misconduct.

• Organization management system in modern business conditions

Alternative punishment for being late for work

1. Contest "Late of the month"

If the situation with being late for work has not reached the stage when the manager is no longer in the mood for jokes, and the relationships in the team suggest the possibility of informal communication, then you can treat the situation with a bit of humor: for example, give an alarm clock to someone who is constantly late or assign the title “Late of the month”.

1. Personal example

It is quite obvious that if the management allows itself to “linger” every day in the morning, then the work team can develop a similar habit over time. If the boss is determined to deal with being late to work, you need to start with yourself.

1. Conversation

In a relatively small team, as part of a strategy to improve labor discipline, it is desirable to take into account the human factor. If you calmly discuss the problem of being late for work, it will certainly turn out that anyone can be motivated in one way or another to come to work on time or reach some kind of compromise in this matter.

Expert opinion

Discomfort is the best way to deal with latecomers

Ariadna Denisova,

HR Specialist, President of the Association, Moscow

The leadership of our team considered tough measures against latecomers unnecessary and ineffective: my colleagues are accomplished successful specialists, many of them work according to special schedules, business trips and distant work. Therefore, more creative solutions were used.

No. 1. Late - pay for lunch to colleagues. After one not very punctual employee was late for an important lunch meeting twice in a row, the idea spontaneously arose that she should pay the entire bill. Tellingly, she was no longer late, and this method of punishment for being late for work has become our norm.

No. 2. Challenge Cup "Champion of being late". This method is practiced in the team of one of our American partners. The "prize" is drawn weekly and must be on the "winner's" table all week.

True, not everyone succeeds in motivating in this way: in that company, for example, there was one employee who did not hide his almost daily nightly adventures. Often waking up, he allowed almost daily delays to work for 15 minutes or more, for some time he became a permanent "champion". However, this did not bring a disciplinary effect, on the contrary, the employee considered the cup his hallmark and cause for jokes. As a result, he joked that his contract was not renewed.

• The financial department is a "litmus test" of enterprise performance

Systematic Lateness to Work: Unconventional Ways to Deal with Latecomers

• Impact of small groups

If corporate ethics does not imply rewards for the absence of violations of labor discipline, and management policy is limited to a "stick" without a "carrot", which is not uncommon in very large teams, then you can try using this method.

The point is to enlist the disciplined employees as a kind of arbiter to deal with lateness to work. For example, you can distribute responsibility for the misconduct of one member of a small group to all its members.

If those who are late everywhere and everywhere have long been accustomed to censure and fines for this, then cases when even a slight shadow can lie on the impeccable reputation of such a “referee” due to the fault of a negligent colleague issued “in the load”, the “referee” will severely suppress .

• Breakfast instead of punishment

Much more effective are the methods associated with the encouragement for strict adherence to the work schedule.

There is an interesting method of dealing with lateness to work that kills two birds with one stone: due to the free breakfast given to employees before the start of the working day, the timely attendance of the team becomes almost one hundred percent, moreover, employees are energized for the first, often the most effective, segment of working time.

For example, if the working day in the office is from nine, then it is advisable to schedule a free (energy balanced!) breakfast from 8.20 to 8.40. In addition to reducing the number of late arrivals and energizing the team, due to such an original and, in general, inexpensive solution, informal communication in the office is well stimulated.

Expert opinion

Employees deal with delays

Dmitry Maksimov,

head and co-owner of the Mediasphere group, St. Petersburg.

There was a time when being late to work was common in our team and seriously affected the productivity of the agency. After trying a few traditional ways(fines for latecomers, incentives for compliance with labor discipline), we came to the conclusion that they do not solve the problem. Then an unorthodox decision was made.

A flexible schedule was introduced for all employees: if someone is late, he must compensate for the time he is late for work by staying after the end of the working day. And vice versa, if the employee has accumulated enough hours of processing, he has the right to arrange an additional day off for himself. If one of the colleagues has achieved an impressive result, has brought significant benefits to the company, along with other incentives, he is forgiven a certain number of hours of “debt”. Well, if unfinished hours still remained at the end of the month, then they are taken into account when calculating earnings.

Such a policy became possible with the introduction of electronic passes and a time tracking system in the agency. For business travelers or remotely working employees, there is an opportunity to “check in” through Personal Area on the system website.

To date, there is no problem of lateness in our team.

4 Ways to Prevent Being Late to Work and Wean Your Employees of the Habit

Method 1. Report on the arrival.

In the context of large teams, the implementation of CRM systems and tracking the entrances, exits and internal movements of employees is, of course, worthy of attention control method. However, it has its own specifics: the object must be well guarded, preferably on your own organizations, and the implementation and maintenance of the system requires large expenditures. Such solutions are used by large organizations rather for security reasons, and controlling lateness to work is a nice bonus.

Method 2. Execute one - intimidate others.

It is far from always possible to influence an undisciplined employee with explanatory conversations and verbal warnings. Therefore, if people certain type unable to work "for conscience", it is necessary that they work "for fear". The exemplary dismissal of malicious violator discipline can help in this for a long time.

Method 3. Hang on the board of shame.

This method can be effective, but, again, not with everyone. If a team member does not feel guilt and shame in front of colleagues for his eternal lateness to work, then the situation can only worsen. Moreover, by earning dubious notoriety by such public censure, the "hero" may reduce the motivation and discipline of his colleagues.

Method 4. Late - do the dirty work.

In small teams, this very original method of dealing with being late for work is often used. It owes its origins to working traditions: late for an outfit - get the dirtiest and hardest job. In the office of the violator of discipline, you can load with general household duties or expenses: buy tea / coffee, bring a box of paper from the supply manager, copy a thick stack of documents, work as a courier. It is very possible that such an approach will help to strengthen work discipline, the main thing is to have a sense of proportion: not to arrange such punishments to the detriment of the main work.

Company information

Association of professionals in the field of personnel motivation and organizational development. Field of activity: training and independent certification of specialists in the field of personnel motivation and organizational development. Number of staff: 15 (including freelancers). Number of certifications per year: 30. LLC "Mobile Solutions for Business" ("Mobiforce"). Field of activity: development software. Number of staff: 8. Number of service clients: 50.

GC "Mediasphere". Field of activity: complex Internet marketing, web analytics, creation and promotion of sites. Territory: head office - in St. Petersburg, branch - in Moscow. Number of staff: 60. Number implemented projects: more than 3500.

LLC "Mobile Solutions for Business"("Mobiforce"). Field of activity: software development. Number of staff: 8. Number of service clients: 50.