Does the employer have the right to impose a monetary penalty for being late for work or not?
In our organization, they decided to arrange a massive check of the arrival of workers to work. For this purpose, after the start of the working day, each employee met Deputy Director and Specialist of the personnel department. As a result, we had several people who were late for a few minutes by the beginning of the working day. On the meeting spent on the same day, it was announced that all violators of labor discipline, allowing themselves to be late for work, will be punished. The next day, an order was issued, according to which all those who were prompted, reprimanded and everyone was fined on the basis of work per month for one percent of wages. The head of personnel was prescribed to familiarize themselves with the order, and the Chief Accountant was held from wages.
How legitimate are the actions of our leadership, because nobody asked me, why I was late for work. I believe that I was late for a valid reason, but no one asked me, but immediately imposed a penalty and a penalty for being late.
From the described situation, you can make only one conclusion, the labor rights of workers were violated. The employer not only applied a disciplinary recovery in the form of a fine of the Russian Federation unintended by the Labor Code of the Russian Federation, it was violated by the procedure for applying disciplinary penalties.
Why, imposing a fine for being late for work, the employer violated the norms of labor legislation?
- Article 192 of the Labor Code of the Russian Federation and the disciplinary penalty in the form of a fine of the article is not provided.
Disciplinary recovery include:
- remark;
- reprimand;
- Dismissal on appropriate grounds.
The Labor Code of the Russian Federation allows for federal laws, charters and regulations on discipline for individual categories of workers and additional types of disciplinary penalties may also be provided. But the penalty, as a measure of disciplinary recovery, is not found in federal regulatory legal acts. In case the employer provides such a type of disciplinary action in the local act, it will contradict the current legislation. Part 4 Art. 192 TC RF directly indicates this. - Despite the fact that the violation of the labor discipline, expressed in late to work, took place and the employee does not dispute, violate the procedure for the application of disciplinary recovery, the employer did not have the right.
Before applying disciplinary recovery, the employer was supposed to request a written explanation from the employee. We admit that the reason for the delay set forth by the employee could be respectful. - By his order, the employer holds a fine of employee wages, which is illegal.
Let us turn to Article 137 of the Labor Code of the Russian Federation, which establishes circumstances in which the employee's retaining is allowed. This circumstance as a fine, the article is not installed, it is impossible to hold it.
Thus, a penalty for being late for work is illegal and an order order must be appealed.
However, at the end you need to add a spoonful of the tar. Materially, the employer may punish the violator of labor discipline and this is true. To do this, it is necessary to develop criteria for employee bonuses in such a way as to be able to reduce the size of the premium to the violators.
To begin with, they will answer the question of what is considered to be late for work: the Labor Code does not contain such a concept as "late". The arrangement of the rules for labor is named otherwise - a violation of labor discipline.
Each employment person meets in the organization and signs a contract where the hour of working activity is spelled out, the time of the lunch break and the end of the working day. By his signature, a citizen confirms that with the requirements acquainted and undertakes to follow them.
However, some employees believe that they can retreat from these rules. And that late for a few minutes is not an offense at all. They think that late arrival will not entail any consequences. This is not driving. But these workers are deeply mistaken.
Therefore, let's figure out what should be considered a delay, and what - a bunch.
Late
The lateness is the absence of a person in the workplace lasting from 1 minute to 4 hours (let's say, late arrival at the beginning of the labor day).
Absenteeism
This is the absence of an employee in the workplace throughout the working day or the lack of in the workplace for more than 4 hours in a row during the labor day without a good reason. .
What can be punished for finding a job?
The leaders of some organizations often try to treat with insignificant desection. Sometimes a person can come to work later, not for evil intent, but because of the circumstances that do not depend on it. For example, due to problems with transport or due to adverse weather conditions.
But, despite the kindness of bosses, you should not use this opportunity constantly. The negligence attitude towards the employment schedule can even get bored with the most understanding leader, and then not to avoid responsibility.
Late coming to work is. Therefore, according to art. 192 TC RF, the employer can punish the employee as follows:
- make - if an employee made such misconduct once;
- declare - if a person neglected the rules twice and more;
- the extreme measure is. It is resorted to it if the employee regularly (maliciously) comes to work later laid and has a valid penalty.
If it turns out that a person had a respectful reason to be late for work and it confirmed this documented (for example, a child fell ill with a person, and he can confirm this using a certificate from the medical institution), then the punishment does not occur.
Regulations
In order to document the employee's misconduct, the employer needs to follow the action algorithm specified below:
Step 1. Making an Act
Step 2. We take explanatory from the employee
Step 3. Disassemble the incident
After that, the director appoints the date and time of the selection, where all the involved persons are invited.
Step 4. Let us give an order
If the wines of the employee will be proved, you should publish in which the sanctions applied to the violator will be indicated.
Step 5. I know the employee with the order
An employee under signature is familiar with the order. If he responds with refusal to subscribe to sign the order, you need to make an appropriate act. His 3 witnesses sign.
Remember that only one disciplinary penalty is required for one violation. You can apply punishment to the employee within one month from the moment of misconduct, but no later than six months after it is committed. All recovery are annulled after 1 year.
Disciplinary punishment may be if the worker has become much more responsible to refer to work.
Errors when dismissal
In case the manager permits an error when dismissing the employee on this basis, he may submit to the employer to the court demanding that it is restored at work. What errors are the employers most often?
- The worker was fired after the second late, but there is no written confirmation of the first violation (it was not documented).
- The employer summarized all cases of the later coming of an employee to work and called it a violation by a break.
- Two violations were admitted, but for one of them the recovery was not imposed.
If the director acted according to the TK RF, then the court will be on his side.
Express your opinion on the article or ask the question to experts to get the answer
Workers who are never late are rare. But small findings most often do not affect the workflow.
However, sometimes late is transformed into a serious problem for the company. For example, if late occupies the position requiring it in the workplace since the beginning of the working day (secretary). Or, if it is not easy late to the office, and late to meet with a client of a company that can entail the outflow of clientele from the organization.
In such cases, it is better to punish it to stop them and forever. What and in what time frames can be punished for lateness and what papers need to be made up so that in case of the punishment of the negligent employee, it has not been punished for the company.
What is being late
About late we are talking when the employee comes to work later the beginning of the working day, prescribed in his labor contract or in a local regulatory act, for example, in the rules of the internal labor regulation (hereinafter - PVT). And there is no permissible time on which it is possible to be late in the TC RF.
Attention! With the rules of the internal labor regulation, in which the operation mode is fixed, including the time and end and end of the working day, the employee must be familiar with Painting (Article 22 of the Labor Code of the Russian Federation).
Moreover late is the late arrival not just in the office, but also at your workplace (Article 209 of the Labor Code of the Russian Federation; PP. "A" No. 35 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 17.03.2004 N 2 (hereinafter referred to as the Resolution No. 2)). Therefore, if the employee begins labor weekdays with a brow with colleagues, in connection with which it comes to the workplace later the beginning of the working day, then this is also a delay.
Moreover, location is also a late return to work after a lunch break (Article 108 of the Labor Code of the Russian Federation).
How can you punish
Can only punish an employee two ways.
Method 1. Attract to disciplinary responsibility
After all, being late without a good reason is the failure to fulfill the employee of its duty to observe the discipline of labor and PVT, and therefore disciplinary misconduct (Article 21 of the Labor Code of the Russian Federation; p. 35 of the Resolution No. 2).
Remember: Only three disciplinary recovery (Articles 192, 193 of the Labor Code of the Russian Federation) can be applied to the employee:
(or) comment;
(or) rebuke;
(or) dismissal In a situation where:
- The violation is repeated, that is, the employee committed such a misdemeanor at least twice. And for the first, he was announced a remark or a reprimand (paragraph 5 of Part 1 of Art. 81, Art. 192 of the Labor Code of the Russian Federation);
- the period of the previous disciplinary recovery was not expired - the year from the date of publication of the order of its application (unless the previous penalties were not removed early from the employee) (paragraph 5 of Part 1 of Art. 81, Art. 194 of the Labor Code of the Russian Federation; p. 33 of the Resolution No. 2 ). For example, if the last time the employee declared a redeference for being late for a year and a half ago, now it is impossible to dismiss him for another late.
Take into account that you can dismiss "under the article" any employee, except for a pregnant woman (Article 261 of the Labor Code of the Russian Federation).
By the way, if an employee is late for work for more than 4 hours, then this is no longer late, but forging. And one absenteeism can be enough to dismiss (subparagraph "a" p. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation).
It is impossible to publish an order for the dismissal at the initiative of the employer, when an employee on vacation or hospital. If an employee challenges his dismissal in such a situation, the court will restore him at work and obliges the company to pay him the entire period of forced absentee (Articles 81, 234 of the Labor Code of the Russian Federation).
Method 2. Do not pay an employee to a premium or pay it in a smaller size
For this, two conditions must be observed (Articles 129, 135 of the Labor Code of the Russian Federation):
- Your organization should have a local regulatory act providing for the payment of premiums (for example, a regulation on wages or a provision for the augmentation of employees of the organization);
- In this local act, it should be provided as a compulsory condition to bonus compliance with the employee of labor discipline, PVT, the absence of disciplinary recovers in the period for which the award is paid.
Under these conditions, you simply do not include the violator in the range of bonuses of workers. After all, he will not have the right to a prize, because it will not correspond to the awards. But at the same time, it is necessary to document the lateness (about how to do this, read in the "Document Project" heading).
In the position of remuneration misinterpretation of such a measure as depreciation (deprivation of award). Trudin research will address it as a disciplinary sanction, not provided for by the Labor Code of the Russian Federation.
Just consolidate as a compulsory award condition, the proper observance by an employee of labor discipline.
The "monetary" consequences described here for an employee are not disciplinary penalties. Therefore, you can simultaneously and not pay the premium to the violater, and attract it to disciplinary responsibility. That is, in this case, the requirement of the Labor Code of the Russian Federation that only one disciplinary penalty may be imposed on one disciplinary misconduct, will not be violated (Article 193 of the Labor Code of the Russian Federation).
How can not punish
In practice, leaders often require from late workers to stay after work. It is impossible to do this, because such a measure is not provided as a punishment of labor legislation. Attracting for work on the initiative of the employer at the end of the working day is overtime work, which must be appropriately framed and paid (Articles 99, 152 of the Labor Code of the Russian Federation).
If the head does not mind that the employee once came to work later, but wishes him to work out his daily norm, it is more convenient to agree with him about the mode of flexible working time (Article 102 of the Labor Code of the Russian Federation).
In addition, it is impossible to fix the types of disciplinary recovers that are not provided for by the Labor Code of the Russian Federation, such as fines, a decrease in position, vacation transfer, etc. If, when checking the work, the work will detect that your PVTs provide such recovery, then it will give an order to bring them in accordance with the Labor Code of the Russian Federation.
If it is emerging that such an illegal sanction was applied in fact, the organization and the manager may be fined for violation of labor legislation (Article 5.27 of the Administrative Code of the Russian Federation; Art. Art. 5, 8 of the Labor Code of the Russian Federation).
How to attract an employee to disciplinary responsibility
If the head decided attract an employee to disciplinary responsibility And ordered you to make an appropriate order, then before making it, check the following circumstances.
Circumstance 1. Are the deadlines for the application of disciplinary recovery
Disciplinary recovery can be applied to the employee within a month from the date of detection of the Office of the manual and within 6 months from the date of its commission (Article 193 of the Labor Code of the Russian Federation; p. 34 of the Resolution No. 2).
For reference
Disching Day is a misdemeanor - this is the day when I misdeed the person who was subordinated to work, regardless of whether this leader is entitled to impose recovery or not. In other words, it can be both the head of the company and the head of the workshop, department, etc.
At the same time, during this period from the date of detection, the misconduct does not turn on:
- diseases of the employee himself (note that other cases of temporary disability (Article 5 of the Federal Law of December 29, 2006 N 255-FZ), including temporary disability due to the care of a sick child, are included within a month);
- Worker's stay on any vacation (main, additional, educational, without salary salaries). The absence of an employee at work in connection with the use of rounds does not interrupt the monthly period;
- necessary to clarify the opinions of the trade union. This concerns only cases of dismissal for repeated violations of the employee - a member of the trade union (paragraph 5 of Part 1 of Art. 81, Art. Art. 82, 373 of the Labor Code of the Russian Federation).
Therefore, if your employee, for example, was late, and then he got sick for a long time, then it is not necessary to fear that because of his illness you will miss a month time and you will not have time to punish it. But it is important to issue an order for the application of recovery within 6 months from the date of late, because this six-month term for the time of the person's disease and other mentioned periods is not extended (article 193 of the Labor Code of the Russian Federation).
Circumstance 2. Whether the guide has chosen a sanction
In addition to the fact that only a remark, a reprimand or dismissal can be applied to the employee (article 192 of the Labor Code of the Russian Federation), only one penalty can be applied for each offense. Therefore, if you need to make an order immediately about declaring and dismissal, explain to the leadership that it is illegal.
In addition, keep in mind that when choosing a sanction for an employee, the severity of the wrongdoing worker must be taken into account, the circumstances under which he was performed, the attitude of the worker to work (Article 234 of the Labor Code of the Russian Federation). Therefore, serious disciplinary sanctions should not be applied for insignificant misconduct, especially dismissal for five minutes. Still, dismissal is an extreme measure.
If for a 5-minute late, which did not cause serious damage to the company, put a reprimand on the employee, and for the second, a similar late was dismissed, then when appealing them, the court can restore it at work. And the company in turn can oblige to pay the employee earnings for the entire period of the forced absenteeism (article 234 of the Labor Code of the Russian Federation).
Circumstance 3. Whether the foundation of the employee documented
In the documents should be fixed:
- the fact of late employee. Depending on how the working time is built, the fact of being late can be fixed:
(or) at the checkpoint (as evidenced by the data of the electronic system or the tabler);
(or) in the report (service) note of the direct supervisor who was late for the head of the organization about the circumstances of the dedication and expediency of attracting an employee to disciplinary responsibility;
(or) in the act of delay;
- Lack of valid reasons for late. So, if the employee was late due to the fact that he had an unexpectedly broken the water supply in the apartment at night, and therefore he had to call the plumbing, then a respectful reason for being late.
Note that in the Labor Code of the Russian Federation there is no list of valid reasons for being late. Therefore, the question of "respect" in each case decides the leadership. But if the employee appeals to bring him responsibility to the court, he will not only find out the reason for being late, but also decides whether it objectively appreciated its employer.
To find out the reason for the late, you need to request a written explanation from the employee.
Council
The procedure for fixing the deceptions is better to develop in advance and register in PVT. Then, in case of someone's delay, the company's employees on which the design of the necessary documentation is entrusted will be made operational and correct.
How to pay for work on the day of late
In all cases, when the employee for his own fault does not perform any norm established for it (production, time, service, etc.), payment of the normalized part of the salary (salary, tariff rate) is made in accordance with the amount of work performed (part 3 of Art. 155 TK RF).
Proportional payment is applicable and in case of refinery. Indeed, in this case, the employee does not fulfill the norms of labor (time standards) (article 160 of the Labor Code of the Russian Federation), which must necessarily be reflected in the working time accounting table in form N T-12 or N T-13. And do not confuse such payment of the work of a late employee with a fine. As we have already told, a fine (usually expressed as a percentage of salary) is a sanction, not provided for by law, and therefore illegal.
As can be seen, the methods of impact on unrelated workers a lot - from oral comment to the dismissal "under the article." In any case, choose the sanction, of course, leadership. You may be asked to make papers needed to punish delay.
But remember that the employee can appeal the disciplinary penalty (article 193 of the Labor Code of the Russian Federation). And if the court cancels the penalty, for example, for the reason that he considers it too severe in a particular situation, the employee will be considered not to be recovered. Even if the fact of being late for work really took place. In such a situation, it can no longer be fired for a rejoicing of work (paragraph 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation).
A delay is considered to be any absence in the workplace for a period of 1 minute to 4 hours, regardless of the cause. This includes only those kinds of absence, where the employee did not warn the leadership and did not consolidate in advance, but simply without good reasons came later than the working day began. Usually in such situations the employee wonders: "Does the employer have the right to finish for late?" Legally, the employer has no right to finish at work, and no matter if a person was late for 5 minutes or 3 hours.
The essence of violation
The TC indicates that the employee must be present in its place all the time as indicated in the contract concluded during his service. In TC, there is no such concept as being late, it is considered simply a violation of the internal rules and discipline. The recovery applied for non-compliance with the schedule is listed in Article 192 of the Labor Code of the Russian Federation and should be exclusively disciplinary:
- Note for one offense.
- Reprimand for two or more late.
- Strict reprimand for systematic late parishes in place of work.
- Dismissal - more than three systematic desets in a short period of time.
Punishment for late
Is it possible to finish employees for being late? According to the Labor Code, the fines for being late cannot be applicable to either a trainee or an experienced worker. Moreover, the employer can be brought to criminal responsibility if such an introduced measure of disciplinary punishment will bear grave consequences for the employee. This applies to severe acquired diseases and death of the employee. In order for the employer to be punished on the Criminal Code, it is necessary to prove the relationship between fines at work and their consequences.
Fallen employee
Location to work - what is this offense?
Always a disciplinary disorder begins with the first minute of the working day that began. A delay for any time, up to several minutes, is considered a violation and may entail a remark or other types of charging, but the fines for being denied are prohibited. To legal punishments that the employer has the right to apply to employees belong:
- Deprivation of the entire premium part of wages or only parts.
- Discussion is an offense at the collective collection or glider.
- Coercion to work out in hours.
Penalties at work - is it legal?
No organization on the territory of Russia has the right to use punishments in the form of subtracts from the basic or bustling part of wages. Others not specified in TC, sanctions can be successfully applied and displayed in the documents signed by all teams. But the order of fines for late is not sample and should be calculated only from the premium part if the employee gave consent to this.
Sample of employment contract
Important! If the claim on the recovery from the premium part is reflected in the contract, which the employee signed, then the employer must also be proved to prove the guilt of late. If there is no agreement or an employee did not sign it, then recover even from the premium part is prohibited.
The size of the fine, superimposed on the employee from the premium part, cannot exceed 10% of wages. In addition, its size and the procedure for recovery should be prescribed in a labor or collective agreement. For the first delay, it is impossible to use a penalty sanction, you can only make a warning to the employee.
Important! Local regulatory acts can be enshrined a change in the bonus system. The award is a stimulating part of the wage, so it can be changed in the direction of a decrease in lateness, failure to comply with duties and other disorders. Changing the size of the award is regulated by Article 192 of the TC. In addition, the worker is involved in payments, if, for example, causes material damage to the Company. Be fined under such conditions the employer may, but the amount should not exceed 40% of the salary in one month and should not be lower than the minimum wage after the removal. The amount also should not exceed the size of the average monthly earnings of the employee in accordance with Articles 248, 238 and 241 of the Labor Code of the Russian Federation.
If you need to declare violation
The imposition of a fine is responsible for violating the requirements of labor protection, that is, this is an offense that is equal to non-payment of the part of wages. For this, it is realistic to attract the employer to justice under Article 5.27 of the Administrative Code. If an employee can prove the guilt of the employer, then the IP will have to pay a fine to 5,000 rubles * for the first violation, and legal entities - up to 50,000 rubles *. With a re-attempt to recover such fines with employees, the amount grows up to 20 thousand rubles * for IP and 70 thousand rubles for JUR. Persons *. If the organization believes that it has the right to finish employees at work for being late for three months in a row, it will have to respond under the article of the Criminal Code of the Russian Federation.
If the employer systematically punishes the staff with fines for the late appearance in the workplace, then employees may apply to a special body that controls the observance of the Labor Code of the Russian Federation, - separation of Rostrud (or state labor inspectorate).
To register an appeal there, documentary evidence of the guilt of the employer is necessary. It can be:
- Copies of orders or orders for recovery.
- Act or decree on salary reduction.
- The rules on which the working routine of the day of all employees of this position is observed.
- Document confirming employment in this organization.
These may also be other documents on which the provint and signature of the official of the organization confirming the fact of reducing the salary of the salary. To apply to the inspection is suitable within 3 months from the fact of violation by the employer of the law. You can also refer to inspectors by email.
Note! Officially, the inspection will consider the complaint from 1 to 30 days from the date of submission of documents. The term of consideration of the complaint to 60 working days can also be increased if serious disorders of the internal labor regulation were revealed by the employer. In any case, the applicant is obliged to notify the completion of the case or its extension.
How to avoid a fine
In order not to deal with such violations of the Labor Code from the employer, it is necessary not to be late. If I had to be late according to an employee or good reasons, you need to notify the immediate supervisor. Often, such behavior avoids any recovery.
If, on the arrival of the workplace, the authorities proposes to sign an act of absence in the workplace, it is necessary to familiarize himself with it and put the signature only if the violation takes place. If the employee came on time, and he is imputed to the disruption of an employment schedule, then in the act you must specify my disagreement. With its copy, the act must be addressed to the inspection.
* Prices are relevant for June 2018.
How to avoid fines for finding a job and save authority before manual. More information about the types of disciplinary punishments and those who can not be dismissed for absenteeism.
Each person at least once in his life was late for work for various reasons. However, management farewells after such a case, and other strictly punished, prescribing penalties. Often it all depends on the type of profession and the authorities.
The delay or late is when the employee is outside the workplace, at that time, when he is obliged according to the employment contract, to fulfill his direct professional debt.
To such a fact, such moments can be attributed:
- Delay over 10 minutes and more;
- not timely arrival from a lunch break;
- leaving the workplace on personal matters without warning the leadership.
Developing due to important reasons
Subordinate, before the execution of employment actions, should provide a document (certificate) to its leader about the cause of absence.
For good reasons include:
- Severe diseases of native people;
- Unforeseen accidents;
- Father outcome relative;
- Vehicle malfunction;
- Weather conditions (floods, hurricane);
Upon timely provision of a certificate (document) about the cause of absence, an employee can easily avoid a fine for a nebody to work. Because the law provides for the dismissal of a specialist after 4-hour beams - the fact of a gross violation of the Labor Code.
What is the difference between the absenteeism?
Development is a temporary delay of the employee, due to unforeseen circumstances.
Speed \u200b\u200bis a deliberate lack of an employee at work. The difference between two concepts is:
Measure of recovery for late. Form disciplinary cara
Recovery can be several options, for example:
- Warning (remark). For example, voice colleague in any form, whether it orally or writing.
- Reprimand (intangible punishment). For prompting the worker to punctuality and the fulfillment of labor duties.
- Dismissal (rupture of the contract, contract). Whether the employer or administration is not important, the bosses at any time may require the interruption of the contract with the subordinate.
It is important to understand each employee that he must act according to job descriptions that signed by arrangement of work. The recovery does not apply if the employee is not guilty of his delay.
Many are interested in the question, can a fine be discharged for a job? In addition to the recovers that are registered by the Labor Code, there are cases and informal "punishments". They may be in the employment contract of the company.
For example:
- Deleting award (which is a kind of fine for being late for work).
- Operating (on holiday or weekends).
- Consideration and analysis of behavior at the General Meeting.
Documents governing the process of imposing a fine for a nebody to work
Code subordinates are not once in time at work, the bosses are forced to accept penalties. Some are immediately dismissed, and more valuable specialists are stronger, prescribing fines percentage.
This is not a punctual person limit in the award. Fixing everything in special documents.
1. Collective and employment agreement.
2. Regulations on labor payment.
3. Various additional contracts.
When the subordinate there is no desire to pay a fine for being late for work, it will be advisable to urgently turn to a legal entity (in order to prove the right). After all, only a qualified specialist can prove the rightness of an innocent person.
So, use in the organization as a measure of influence on the colleagues of the fine for the nebid to work, the baker risks. Since in the case of the conversion of an offended employee to the judicial authorities with a complaint, he will be able not only to return lost funds, but also get.
If the subordinate was unlawful to selected the share of salary, he is obliged in writing to ask the chief to argue such an act by reverse the answer by registered mail. After receiving all the information, you need to go to the prosecutor's office for further investigation on this issue.
And the baker on the fact of late colleague, makes a mark in the service report, where the disclosure of all the details of the offense is indicated. Article 192 of the Russian Labor Code fines by collecting funds for such disciplinary bindings are not specified.
When the resolution on dismissal is finally accepted and the discussion is not subject to, the higher authority follows according to the instructions:
- Establish the fact of late, that is, the absence of a subordinate work. Act is written, which is assured by three witnesses: the boss, especially from the personnel service and someone from colleagues.
- After the return of the employee, to receive material from it in writing, indicating the delay occur. If she is confined, then the fine for the nebid to work is canceled. Typically, the time waiting time is 2 working days.
- The subordinate has the right to refrain from explanation of the cause of its delay. But it does not remove him from getting a punishment, a fine for the walk at work will be definitely. Disagreement is noted in the act, which is again drawn up with three colleagues.
- Voice a decision on the use of punishment. After receiving the explanation or registration of the document at the employer within 3 working days. If the incident happened once, then usually the leader to do with a simple remark, and for repeated absenteeism - a fine or in the worst dismissal of the employee.
- Submit a subordinate ready order. If he does not accept it, to make a decree in a new way.
- Attach a copy of the document into a personal matter of the employee, where it will lie the year - until the survey time is stopped.
- To re-work if the late is repeated.
- To place an order for the punishment in the form of dismissal at the next passage, without forgetting to do the actions of PP. 1-3.
- Make the desired records in the personnel department, indicating the reasons for dismissal. For example, "dismissal for a regular violation of work order."
- Calculate the subordinate, returning his personal documents (labor book).
Fine for driving at work: Errors that may allow managers when trying to dismiss
Slave may consider not legitimate his dismissal, and sue the authorities to get protection from the state. Of course, if the bracket followed according to the employment contract, it is not necessary to challenge his decision. However, the court can approve the side of the employee, if the head permits an error during the dismissal of the subordinate.
So, the main mistakes of the bosses, in relation to subordinates:
- Slave lost the place of work after 2 lack, but there is no written evidence of the first absenteeism (it was not written in document).
- The employee was delayed twice, but only one was in a disrespectful reason.
- If the gap between the two delays amounted to more than 1 year.
- The head after summarizing the results, decided to call the refinement of the employee - a bunch.
- There were 2 obvious violations, but for one of them, the penalty did not discharge the bosses.
Who can not be fired for late?
According to the Law of Ukraine for all rights and requirements of the same. But still there is an exception for such persons:
- Women in position;
- officers raising children under 3 years of age;
- lonely parents, with children under 14 years old.
Of course, for minor findings, they should not be dismissal, for this it is necessary to provide serious reasons. For example, no output of a subordinate to a labor place for more than 4 hours without any warning above the standing leadership. Such a disciplinary violation has already named.
Conclusion
In order to remain in a good account, the employer must always remain punctual and responsibly approaches the tasks. Then you do not have to receive fines percentage and other disorders.