Being late for work according to the labor code. Explanatory note for being late for work: reasons, competent compilation, example

01.10.2019

Every person in his life was late for various meetings more than once. However, if an employee is late for work without good reason, various sanctions may be applied to the late employee. Most managers compare such actions with a negligent attitude to their work duties. Constant violations of this kind are a sign of disorganization. Below we will consider how much you can be late for work and what threatens an employee if he does not show up for work. workplace.

Being late for work according to the Labor Code is not considered as an independent legal category

Absenteeism and tardiness - we consider the difference

What is considered late for work, Labor Code Russian Federation describes in some detail. According to the law, lateness is the absence of labor activity at the immediate place at the time the work shift begins. According to the regulation established by law, this concept has no minimum limits. Unfortunately, few employees are aware of this, which gives rise to myths that a fifteen-minute delay will not entail consequences. Based on practice, we can say that even a minute delay can lead to proceedings, taking into account the fixation of late arrival at the workplace with special turnstiles.

Today, most companies adhere to a relatively free schedule of visits. In such a situation, the company's management may turn a blind eye to an employee's slight delay. Despite such loyalty on the part of the authorities, being more than four hours late from the start of the working day can be counted as absenteeism. In the absence of a good reason, absenteeism may result in disciplinary action, and even premature termination of the employment contract.

To confirm the fact of absenteeism, most organizations maintain a time sheet of labor activity. This document records the fact of the absence of an employee on the territory of the organization. If the duration of the absence exceeds 240 minutes, the delay is counted as absenteeism. In this situation, the absence of valid reasons may lead to dismissal, according to the article of the Labor Code.

It is the responsibility of the representatives of the personnel department when filling out the work book to indicate the reason for dismissal. premature rupture labor agreement based on this article may lead to further problems with finding a job. Given this fact, most organizations leave the employee the opportunity to quit of their own free will.

Sanctions from the leadership

In certain situations, even a five-minute delay can lead to serious consequences for an employee who has violated the rules established by law. According to the Labor Code of the Russian Federation, systematic lateness to work entails liability in the form of:

remarks;
severe reprimand;
layoffs.

Often, disputes between employees and the administration regarding dismissal for this violation of labor discipline often end up in court.

It should be noted that the Labor Code does not provide for penalties in the form of a fine or deduction of missed minutes from the employee's wages. The current legislation says that any changes in the level of remuneration can be regarded as deviations from the conditions enshrined in the labor agreement. Based on this, the introduction of a system of penalties for being late can be regarded as a direct violation of the law.

Despite this, some companies go for certain tricks. In many organizations, the bulk of remuneration is in the form of bonuses. It is the size of this payment that the management of the enterprise can change if desired. In this situation, the penalty for being late for work varies from partial to complete deprivation additional payments. Since the amount of this payment is not regulated by the labor agreement, such actions of the company's administration are completely legal.

It should be clarified that there are clear conditions for imposing fines. For one violation of their official functions (including with regard to the time of presence on the territory of the enterprise), only one measure of punishment is allowed. In the event of a conflict between the company's management and a late subordinate, one of the most serious punishments is a severe reprimand, a record of which should be in the employee's personal file. Reprimand in conjunction with additional measures is a violation of the Labor Code of the Russian Federation.

If there is a fact of repeated violation of the labor agreement, more serious fines are allowed. If there are several delays without a good reason, the administration of the organization reserves the right to terminate the employment agreement unilaterally. The work book indicates the reason on the basis of which the employment agreement is terminated.

Entries in the labor with the wording of a violation in performance job duties, can become a serious obstacle when trying to further employment. You should also pay attention to the fact that such offenses do not accumulate. That is, if one calendar year has passed since the moment of violation of labor discipline, this offense is considered to be fully repaid.

Being late for work is disciplinary offense

How to deal with being late

Every person sooner or later finds himself in a situation where timely arrival at the workplace is difficult various reasons. In order to minimize conflict situation and “try to smooth the corners”, the following procedure should be followed:

First of all, you should notify the direct management of the presence of a delay and talk about the motives for this misconduct. Most business leaders in this situation will show understanding to the employee, even if the motives for not appearing are disrespectful. Timely notification of management is one of the indicators of the honesty and responsibility of the employee.
Being late for work labor code if there is a good reason, oblige the latecomer to present factual evidence. A sick leave certificate can act as a justification form. If you get into a traffic accident, you should take care of obtaining a certificate from a traffic police officer in advance. When the reason for the delay lies in a utility accident, you need to provide the management with a certificate from the housing and communal services.
A late employee is obliged to write an explanatory note, where it is required to indicate the reasons for this misconduct. This document does not contain excuses, therefore, in the presence of good reasons, factual evidence should be attached to the explanatory itself.

What actions are considered undesirable? First of all, it is not recommended to lie that the motive of absence on the territory of the organization is valid. If the employee is on good terms with the management of the organization, you should talk about the real motives for being late and make a promise to continue to adhere to established labor standards.

Providing fake sick leave or other corroborative documents may worsen the situation, when checking their authenticity.

The proven fact of falsification of such documents may lead to dismissal. In more complex situations, the company's management can transfer this document to law enforcement to open a criminal case. In connection with all of the above, it is not recommended to use "fake" corroborating papers.

According to the norms of the legislation of the Russian Federation, an employee can be fired for repeated violation of labor duties.

What is a respectful motive

Disciplinary action for being late for work is carried out only in the absence of good reasons. But here it is important to note that in the established regulations there are no clear boundaries between respectful and disrespectful motives. Based on this fact, we can say that only those in the origin of which there is no fault of the employee himself are considered valid motives. These factors include natural disasters, illnesses, communal and road accidents, as well as the death of loved ones.

If there are difficulties in providing evidence confirming the existence of a good reason, the presence of witnesses to this incident should be mentioned. It is very important that the management of the company has the opportunity to ask them to confirm the authenticity of your words. I would also like to note that such a common phenomenon as traffic jams do not apply to good reasons. In most cases, late employees are subject to disciplinary action.

In situations where a traffic jam is the result of a traffic accident, you must try to confirm this fact by obtaining a certificate from the traffic police. However, to take this document is quite problematic. Even if for the first time such an offense is treated with descent, it is not recommended to abuse the location of the leadership.

Important! A good reason for being late for work must be supported by a supporting document.

Having considered the valid reasons for absence from the workplace, one should move on to those reasons that arise through the fault of the employees themselves. The excuse “I overslept” is the most common reason for this misconduct. Most employers have a negative attitude towards such excuses. Therefore, if there are problems with maintaining the correct daily routine, you should try to negotiate with the company's management to create a more flexible work schedule.

Here it should be cited as an example that many companies whose work activity is in contact with various creativity provide their staff with a completely free visiting schedule. Such companies are more focused on results, so the absence of an employee in the workplace is not perceived as critical.

It should be understood that when management meets you halfway in providing a more convenient work schedule, some conditions of the employment agreement also change. It is the responsibility of each employee to be present at his workplace for a certain amount of time. Special turnstiles installed at the entrance to the office record the time of arrival and departure. Further, the personnel department evaluates the effectiveness of employees. Despite the fact that such a system adds a certain comfort to labor activity, in some areas entrepreneurial activity she is inapplicable.

Being late for work should be considered absence from the workplace without a good reason for up to 4 hours

Mistakes when terminating an employment contract

Article No. 81 of the Labor Code of the Russian Federation says that being late is a minor violation. However, the presence of systematic violations of labor discipline can lead to dismissal. Often, many people are faced with situations where one delay can lead to such a punishment. If the dismissed employee believes that his dismissal is contrary to the rules established by law, then he can try to challenge this decision of the management in court. Exists whole line common mistakes made by the administration of the enterprise when dismissing employees:

In a situation where an employee committed two offenses, but for the first he did not receive penalties, the company's management does not have the right to dismiss. In this case, the court will take the side of the employee, due to the lack of documentary evidence of the first violation.
If there are two violations, the first of which has documentary evidence that the delay was completely good reason. As in the previous situation, this dismissal has no legal basis, since only one violation was actually carried out.
In the presence of disciplinary sanctions related to failure to fulfill duties not prescribed in the framework of the employment agreement. In this situation, the court decision is issued after a thorough analysis of the submitted documents. In most cases, such dismissal is recognized as illegal.
More than twelve months elapsed between the two violations. A period of more than one year is considered sufficient to extinguish the offense. In this situation, repeated violation is not a weighty argument for breaking the employment agreement.
When the administration of the company counted the absence of an employee at his workplace for two hours over two days as absenteeism. This error is the most common. According to the established regulations, absenteeism is a failure to appear at the workplace within four hours from the start of the working day. That is, it is impossible to count the absence for two hours over several days for one full-fledged absenteeism. If there are two delays, disciplinary sanctions are carried out in accordance with the decision of the Labor Code.

Dismissal for being late is an extreme step that management takes only if there are systematic violations of labor discipline. Most entrepreneurs are willing to make concessions to the staff, however, in case of systematic violations, disciplinary sanctions may be imposed on the employee. That is why it is very important to adhere to the work schedule in order to avoid more serious consequences.

Ideal people do not exist. Just like the ideal workers. Anyone can be late for work, and there is nothing wrong with that. But only if the explanatory note is correctly framed. In this article, we will look at how to write an explanatory note competently and efficiently.

Explanatory: what is it?

Explanatory note for being late is official business document, which is in the internal circulation of the enterprise itself. Its main content is to explain the reasons for the violation of labor relations, as well as to build cause-and-effect relationships of the event or events that directly caused the delay.

The purpose of the explanatory note as a document is to clarify the circumstances of the person who is guilty. The goal is to conduct a small investigation into the causes of an event (in this case, being late), their analysis. At the end of each document that is explanatory, a conclusion must necessarily be contained.

Types of explanatory notes

In addition to the explanatory document, there is also an exculpatory one. The latter, as a rule, contains the main reasons for any action (or inaction) that is wrong and entails negative consequences. An explanatory letter for work is a more detailed form, which is not necessarily an exculpatory one.

This should include, for example, exact time, circumstances, scene, etc. What types of such a document exist? After all, an explanatory note for being late is far from single form. You can also add here, for example:

absenteeism;
theft of property of the organization or its damage;
improper performance of their duties;
immoral acts;
state of intoxication at work;
violation of labor discipline;
disclosure of organizational secrets and much more.

Is writing an explanatory note mandatory?

The Labor Code of the Russian Federation, namely its 193rd article, prescribes that any employer has the right to demand an explanatory document from an employee in the event that the latter commits any disciplinary or labor violation. However, is the employee required to write this document? The law does not provide for such an obligation. But is it so good to ignore the demands of the authorities? And what might such inaction lead to?

The explanatory note is indeed not an obligatory form of dialogue with the management. But do not deny the fact that this form is the most convenient. Of course, in the absence of an explanatory note on the desk of the authorities, the manager is likely to issue a disciplinary sanction against the employee. That is why most workers do not neglect the preparation of such a document at all. However, there can be exceptions everywhere. So, if a subordinate committed (or did not commit, but he is held responsible) a really serious offense, then before repenting to the authorities, you should contact a competent lawyer. Sometimes the situation can turn out in a completely unexpected way.

What should an explanatory note include?

The first thing to note is that the explanation for being late must have formal business style. In no case should there be any emotional, harsh expressions, vernacular, familiarity, and even less obscene speech. No matter how relevant all of the above factors may seem in a given situation, it is better, of course, to omit them. And at the same time, do not confuse the employer with complex business and narrowly focused terms, clericalism, etc. The style of the note should be dry and businesslike, but at the same time simple and understandable.

An explanatory note for work for being late can be either handwritten or typed on a computer. First, the "header" of the document is drawn up. The names of the chief and the author are indicated. The main part describes the situation as briefly as possible. At the end of the note, the date, signature and decoding of the author's signature are put. In most cases, all official certificates and papers confirming the reasons for the delay must be attached to the document in question. They certainly won't be redundant.

The explanatory document is divided into two main parts:

actual. As is already clear from the title, the facts that are the reason for writing the document should be given here. They should be listed as briefly and concisely as possible.
Causal part. This includes all possible reasons situations that explain the facts cited above.

What could be the reasons?

The main reasons for being late

What are the most appropriate and valid reasons? An explanatory note for being late can be written due to:

employee illness;
diseases of relatives;
the death of someone close;
traffic accident or traffic jam;
natural disaster, emergency;
if an employee is stuck in an elevator;
other possible circumstances.

If you are late, do not be afraid to go to the boss. You must boldly go to the chief's office and report everything as it is. You need to stay calm and confident, but the leadership should not be rude either.

On proof of tardiness

As a rule, only one explanatory note is not enough. This document also has to be accompanied by certificates and papers proving the fact that the employee violated the employment contract and discipline through no fault of his own, but because of external circumstances. It is because of this that many subordinates constantly have a delicate question: is it worth it to lie to superiors? After all, the head of the organization has the right to demand from the employee documents confirming the correctness of the latter. It is also worth remembering that a skillful confession always looks higher and more correct than an absurd lie.

If an employee of any company got into car accident and it was because of this that I was late for work, then everything is quite simple here. Gotta take it all Required documents from the traffic police, photographs confirming the accident, and put them on the boss's desk along with an explanatory note. The situation is more difficult will deal with other reasons for being late. So, if an employee is stuck in an elevator, it will not be so easy to prove it, and often even impossible. Of course, you can contact the concierge, the manager of the company, and so on, but all such actions will require some amount of time.

Everything here will also depend on the organization in which the person works: some bosses may not tolerate being late, and therefore will fire the employee after four hours of absence (which they are fully entitled to). Run for evidence or not? Everyone must answer this question for himself.

Sample explanatory note

How to write an excuse letter for being late for work? Below is a sample of a typical explanatory note, high-quality and well-formed. First, it is indicated to whom exactly the document is addressed. For example: "To the commander of military unit 45238, Lieutenant Colonel Ivanov S.S." Only after that it is written who exactly the document comes from: "from an employee of the HF, a nurse of the third department Sergeeva V.M." The actual text of the explanatory document should look like this:

"An explanatory note regarding being late for work on December 9, 2016. I, Sergeeva Valentina Mikhailovna, on December 9, 2016, was 3 hours late for work due to helping an unknown schoolgirl who was hit by a car on the roadway."

At the end of each explanatory note, you need to ask the management to take into account a good reason for being late.

Explanatory note for being late to an educational institution

At schools, colleges or universities in recent times they also began to demand a document explaining the reasons for being late. Such a certificate is compiled in a slightly different way than for some kind of work professional organization. In particular, educational institutions do not always require proof of the incident and are unlikely to be frightened by expulsion, as they do, threatening with dismissal at work. Nevertheless, the document itself must be drawn up competently and professionally. The "header" also indicates in whose name the explanatory note is written:

"To the director of MBOU secondary school No. 50 Ivanova I.I. from a student of the 9th grade Vasilyeva V.M." or "To the Dean of the Institute of Law and Social Sciences Alexandrov A.A. from a student of the IP-4 group Bazhenova A.P."

Everything can be much simpler in the main subject of the note. A perfectly valid reason would be the arrival of the parents, the need to go to the grandmother, etc. Due to the delay or absence of the student educational institution it is unlikely that the fate of the school or university will depend, and therefore there are no particularly strict requirements for an explanatory note. An example of an explanation for being late is shown below.

Refusal to write an explanatory note

What happens if the employee refuses to write an explanatory note? First, the guilty employee will be fined or otherwise disciplined. If the subordinate did not recommend in any way with positive side yourself earlier, it is likely that the matter may reach the point of dismissal. Secondly, another special normative act, which will be already witnesses (according to the rules there should be two of them). They will have to confirm the fact of refusal to write the document, fix it on paper and send it to the head. Most likely, the management will send a couple of letters to the offending employee with a request to write an explanatory note. If the employee will stand his ground, the authorities will write him a fine.

Of course, you should not be afraid of writing an explanatory note. There is also no need to go into confrontation with the leadership and, out of principle, stand your ground. If the employee believes that writing an explanatory document will not entail the most better consequences(the reputation will be shaken, the bonus will disappear, etc.), then, as mentioned earlier, you will have to spend money on a visit to a competent lawyer in order to optimally resolve the situation.

Conclusion

Even the most punctual and executive worker can make a mistake. Being late is, in fact, a trifle, especially in comparison with what unscrupulous workers can do and do, such as: damage to state property, malicious violation of the work plan, constant incitement of conflicts and much more. All this is really considered a violation of the working order. Some people are too worried about their reputation, and therefore being late for them is the worst thing that could happen. Of course, if a person is not late from time to time and has established himself as a good employee, then there is nothing to be afraid of.

Whether it was absenteeism due to illness, being late due to traffic jams - samples of explanatory letters were sent to the boss more than once, and there is nothing terrible in a single violation of the order. Thus, if you do not violate discipline systematically, the authorities are unlikely to be too strict about being late.

Bosses are different, and if some of them turn a blind eye to the lateness of the representatives of the labor collective, then some people may not forgive even a minute delay and will force you to write a statement.

Often, being late for the workplace, people come up with ridiculous excuses, something like “the cat gave birth”, “the hamster died” and so on. So, how to be late so that you are not suspected of anything, and the reasons sounded very truthful - we will consider in the article.

General rules

After being late, do not wait until you are called “on the carpet”. It is best to come to the boss in person and talk to him about it.

1. Behave confidently, remember that you are not a truant, but only a victim of unfavorable circumstances. Don't be rude. If the boss humiliated your human dignity and insulted you, then you always have the right to object.

2. Never cite the death of a relative as the cause if it is not true. Remember that you should not joke about this.

Consider the main options for being late and excuses that will help you not look stupid in front of your superiors and not be fired or insulted in deliberate absenteeism.

Reason No. 1 Breakdown of a bus, trolley bus, traffic jams, accidents

This reason is purely objective and can become a lifesaver, but it will come to the rescue only if the delay is no more than 30 minutes. This is the waiting time for the next transport or calling a taxi. As for accidents, it’s also an unsuccessful joke, there is no need to slander those phenomena that do not exist.

Reason #2 Feeling unwell

We can say that when you woke up in the morning, you did not feel well. The most common and compelling reason, from which, by the way, no one is immune, is indigestion. Colleagues and the boss will definitely understand you: they also encountered such a situation and understand that it is difficult to work when you have to leave every half an hour.

Reason number 3 Problems with relatives, children

Again - no need to lie that someone died. Suffice it to say that your aunt's house was covered in snow. Or that the child's nanny was late and you had no one to leave him with. Or say something about kindergarten.

Reason #4 Faulty elevator

The excuse is not always the best one, because by talking about the problem, you attract it, and for those suffering from claustrophobia, this option is not the best. Nevertheless, if you are late for an hour, then you can attribute the reason to a broken elevator, which has been “junk” for a long time, and it was you who became the victim of circumstances.

Reason #5 Lost keys

The same can be said not only about keys, but also about mobile phone, money. We can say that they did not lose, but left at home, and you had to return to get to your workplace. We can say that you forgot that you left the iron on and had to return home so that it would not burn out.

Reason #6 Taking medication

If you are late for half an hour or more, you can talk about the fact that you forgot the medicine at home, but you can’t skip taking it. Otherwise, the treatment will be ineffective, and the money spent will be wasted. The advantage of this method is that you do not have to talk about the details of your illness, because traditionally it is not customary to talk about this topic.

Reason #7 Workload

If you really are responsible for the well-being of the company, then we can say that you were very busy with work, so you didn’t have time to do it in the office, you had to sit until late at night. In fact, that's why you overslept. You should only say this if the authorities have every reason to trust you.

Reason #8 You overslept

Probably, this reason is the most truthful, and it takes place in all cases. However, there is only a small chance that the boss will forgive such behavior, and that they will accept it as a good reason for being late for work.

Reason #9 Toothache

This reason is the most unpleasant of all, but, nevertheless, “working”. You can say that your tooth ached since the evening, and you had to stay up all night, and in the morning you could no longer endure it and went to the dentist. The reason is effective, but remember that by joking, you are luring the disease to yourself.

Reason #10

Copious and painful critical days. This reason is quite justified and plausible. You can say that you ran for pain medication, waited for the pharmacy to open, or that you simply could not move quickly due to severe pain.

Thus, there are many reasons that will allow you to be a little late for work and still not get a reprimand from your boss. But so that you don’t have to turn to ingenuity, it’s best to get up on time and not wake up the working day, then you won’t have to come up with reasons and you won’t have to lie.

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 management react to being late? Will it entail coming to work later than established in employment contract time 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 haven’t adjusted for the weather (for example, you’ve had a lot of snow and haven’t cleared it yet), haven’t prepared your clothes in advance and haven’t collected the necessary documents, then in the morning this 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 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, 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.