Does the employer have the right to impose a fine for being late for work or not?
Our organization decided to organize a mass check of employees coming to work. For this purpose, after the start of the working day, each employee was met by the deputy director and a specialist from the human resources department. As a result, there were several of us who were a few minutes late for the start of the work day. At a meeting held on the same day, it was announced that all violators of labor discipline who allowed themselves to be late for work would be punished. The next day, an order was issued, according to which all those who were late were reprimanded and everyone was fined, based on the results of work for the month, by one percent of wages. The head of personnel was instructed to familiarize everyone with the order, and the chief accountant was instructed to make deductions from wages.
How legal are the actions of our management, because no one even asked me why I was late for work. I believe that I was late for a good reason, but no one asked me, and they immediately imposed both a penalty and a fine for being late.
From the situation described, only one conclusion can be drawn: the labor rights of workers were violated. The employer not only applied something not provided for by the Labor Code Russian Federation disciplinary action in the form of a fine, he violated the very procedure for applying disciplinary sanctions.
Why did the employer violate labor laws by imposing a fine for being late for work?
- are provided for in Article 192 of the Labor Code of the Russian Federation and disciplinary action in the form of a fine is not provided for in the article.
Disciplinary sanctions include:
- remark;
- reprimand;
- dismissal for appropriate reasons.
The Labor Code of the Russian Federation allows that federal laws, charters and regulations on discipline for certain categories of employees may provide for additional types of disciplinary sanctions. But a fine, as a disciplinary measure, is not found in federal regulations. If the employer provides for this type of disciplinary sanction in a local act, this will be contrary to current legislation. Part 4 art. 192 of the Labor Code of the Russian Federation directly indicates this. - Despite the fact that a violation of labor discipline, expressed in being late for work, occurred and was not disputed by the employee, the employer had no right to violate the procedure for applying a disciplinary sanction.
Before applying disciplinary action, the employer should have required a written explanation from the employee. We assume that the reason stated by the employee for being late could be valid. - By order, the employer withholds a fine from the employee’s salary, which is illegal.
Let us turn to Article 137 of the Labor Code of the Russian Federation, which establishes the circumstances under which deductions from an employee’s wages are allowed. Such a circumstance as a fine is not established by the article; it cannot be withheld.
Thus, a fine for being late for work is illegal and the employer’s order must be appealed.
However, at the end it is necessary to add a fly in the ointment. Financially, an employer can still punish a violator of labor discipline, and this is fair. To do this, he needs to develop criteria for bonuses to employees in such a way as to be able to reduce the size of bonuses for violators.
First, let's answer the question of what is considered late for work: the labor code does not contain such a thing as “lateness.” The set of labor rules calls it differently - violation of labor discipline.
When employed, each person gets acquainted with the organization and signs a contract, which stipulates, among other things, the start time of work, the time of the lunch break and the end of the working day. By signing, the citizen confirms that he is familiar with the requirements and undertakes to follow them.
However, some employees believe that they can deviate from these rules. And that being a few minutes late is not an offense at all. They think that coming to work late will not entail any consequences. This is not a truancy. But these workers are deeply mistaken.
Therefore, let's figure out what should be considered late and what should be considered absenteeism.
Late
Lateness is a person’s absence from the workplace lasting from 1 minute to 4 hours (for example, late arrival at the beginning of working day).
Absenteeism
This is the absence of an employee from the workplace during the entire working day or absence from the workplace for more than 4 hours in a row during the working day without a valid reason. .
What punishment can you bear for being late for work?
Leaders of some organizations often try to be understanding of minor delays. Sometimes a person may come to work later than expected not because of malicious intent, but because of circumstances beyond his control. For example, due to problems with transport or due to unfavorable weather conditions.
But, despite the kindness of your superiors, you should not use this opportunity all the time. Even the most understanding manager can get tired of a negligent attitude towards work procedures, and then responsibility cannot be avoided.
Arriving late to work is. Therefore, according to Art. 192 Labor Code of the Russian Federation, the employer can punish the employee as follows:
- do - if the employee committed a similar offense once;
- declare - if a person has violated the rules two or more times;
- last resort is . It is resorted to if an employee regularly (maliciously) comes to work later than expected and has a valid penalty.
If it turns out that a person had a good reason for being late for work and he documented this (for example, an employee’s child fell ill, and he can confirm this with a certificate from a medical institution), then no punishment will be imposed.
Design rules
In order to properly document an employee’s misconduct, the employer needs to follow the following algorithm of actions:
Step 1. Draw up an act
Step 2. We take an explanatory note from the employee
Step 3. Analyze the incident
After this, the director sets a date and time for the debriefing, to which all involved persons are invited.
Step 4. Issue an order
If the employee’s guilt is proven, it should be issued, which will indicate the sanctions applied to the violator.
Step 5. Introduce the employee to the order
We introduce the order to the employee against his signature. If he refuses the request to sign the order, a corresponding act must be drawn up. It is signed by 3 witnesses.
Remember that only one disciplinary sanction is imposed for one violation. Punishment can be applied to an employee within one month from the moment the offense was discovered, but no later than six months after it was committed. All penalties are canceled after 1 year.
Disciplinary punishment may occur if the worker has become much more responsible at work.
Mistakes during dismissal
If the manager makes a mistake when dismissing an employee due to this basis, he can sue the employer to demand that he be reinstated at work. What mistakes do employers make most often?
- The employee was fired after the second delay, but there was no written confirmation of the first violation (it was not documented).
- The employer summarized all cases of an employee arriving late to work and called this violation absenteeism.
- Two violations were committed, but no penalty was imposed for one of them.
If the director acted in accordance with the Labor Code of the Russian Federation, then the court will be on his side.
Express your opinion about the article or ask the experts a question to get an answer
Workers who are never late are rare. But minor delays most often do not affect the work process.
However, sometimes delays turn into serious problem For the company. For example, if a latecomer holds a position that requires him to be at the workplace from the beginning of the working day (secretary). Or if it is not just being late to the office, but being late for a meeting with a company client, which may lead to an outflow of clientele from the organization.
In such cases, it is better to punish for being late in order to stop them once and for all. How and within what time frame can one be punished for being late and what papers need to be drawn up so that in the event of a punishment for a negligent employee it does not become a punishment for the company.
What is lateness
About being late we're talking about when an employee comes to work later than the start of the working day specified in his employment contract or in a local regulatory act, for example, in the internal labor regulations (hereinafter - PVTR). And there is no acceptable time for which you can be late in the Labor Code of the Russian Federation.
Attention! The employee must be familiarized with the internal labor regulations, which set out the work schedule, including the start and end times of the working day, against signature (Article 22 of the Labor Code of the Russian Federation).
Moreover being late means arriving late not just to the office, but also to your workplace
(Article 209 of the Labor Code of the Russian Federation; paragraph “a”, paragraph 35 of the Resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2 (hereinafter referred to as Resolution No. 2)). Therefore, if an employee begins his workday with a smoke break with co-workers, and therefore comes to the workplace later than the start of the working day, then this is also late.
Besides, being late also means not returning to work on time after a lunch break(Article 108 of the Labor Code of the Russian Federation).
How can you punish for being late?
An employee can only be punished two ways.
Method 1. Bring disciplinary action
After all, being late without a good reason is a failure by the employee to fulfill his obligation to comply with labor discipline and PVTR, and therefore a disciplinary offense (Article 21 of the Labor Code of the Russian Federation; clause 35 of Resolution No. 2).
Remember: only three disciplinary sanctions can be applied to an employee (Articles 192, 193 of the Labor Code of the Russian Federation):
(or) comment;
(or) rebuke;
(or) dismissal in a situation where:
- the violation is repeated, that is, the employee committed such an offense at least twice. And for the first one he was given a reprimand or reprimand (Clause 5, Part 1, Article 81, Article 192 of the Labor Code of the Russian Federation);
- the validity period of the previous disciplinary sanction has not expired - a year from the date of issuance of the order on its application (unless the previous sanction was lifted from the employee ahead of schedule) (Clause 5, Part 1, Article 81, Article 194 of the Labor Code of the Russian Federation; Clause 33 of Resolution No. 2 ). For example, if last time The employee was reprimanded for being late a year and a half ago, but now it is no longer possible to fire him for being late again.
Keep in mind that any employee can be fired “under article”, except a pregnant woman (Article 261 of the Labor Code of the Russian Federation).
By the way, if an employee is more than 4 hours late for work, then this is no longer lateness, but absenteeism. And one absenteeism may be enough for dismissal (Subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation).
You cannot issue a dismissal order at the initiative of the employer when the employee is on vacation or sick leave. If an employee challenges his dismissal in such a situation, the court will reinstate him at work and oblige the company to pay him for the entire period forced absenteeism(Articles 81, 234 of the Labor Code of the Russian Federation).
Method 2. Not paying the employee a bonus or paying it in a smaller amount
To do this, two conditions must be met (Articles 129, 135 of the Labor Code of the Russian Federation):
- your organization must have a local regulation providing for the payment of bonuses (for example, a regulation on remuneration or a regulation on bonuses for employees of the organization);
- this local act should stipulate, as a mandatory condition for bonuses, the employee’s compliance with labor discipline, PVTR, and the absence of disciplinary sanctions in the period for which the bonus is paid.
If these conditions are met, you simply will not include the violator in the circle of bonus workers. After all, he will not have the right to a bonus, since he will not meet the conditions of the bonus. But at the same time, be sure to document the delay (read about how to do this in the “Document Flow” section).
It is incorrect to include in the wage regulations such a measure as deprivation of bonuses (deprivation of bonuses). The Labor Inspectorate will regard it as a disciplinary sanction not provided for by the Labor Code of the Russian Federation.
Just establish proper compliance with labor discipline by the employee as a mandatory condition for bonuses.
The “monetary” consequences for the employee described here are not disciplinary actions. Therefore, it is possible to simultaneously not pay the bonus to the violator and bring him to disciplinary liability. That is, in this case, the requirement of the Labor Code of the Russian Federation that only one disciplinary sanction can be imposed for one disciplinary offense will not be violated (Article 193 of the Labor Code of the Russian Federation).
How not to punish
In practice, managers often require late workers to stay after work. This cannot be done, because such a measure is not provided for as punishment by labor legislation. Engagement in work at the initiative of the employer after the end of the working day is overtime work, which must be properly executed and paid (Articles 99, 152 of the Labor Code of the Russian Federation).
If the manager does not object to the employee coming to work later, but wants him to work out his daily norm entirely, then it is more convenient to agree with him on a flexible working time regime (Article 102 of the Labor Code of the Russian Federation).
In addition, types of disciplinary sanctions not provided for by the Labor Code of the Russian Federation, such as fines, demotion, postponement of vacation, etc., cannot be included in the PVTR. If, during the inspection, the labor inspector discovers that your PVTRs provide for such penalties, he will issue an order to bring them into compliance with the Labor Code of the Russian Federation.
If it turns out that such an illegal sanction was actually applied, then both the organization and the manager may be fined for violating labor laws (Article 5.27 of the Code of Administrative Offenses of the Russian Federation; Articles 5, 8 of the Labor Code of the Russian Federation).
How to bring an employee to disciplinary liability
If the manager made a decision bring the employee to disciplinary liability and ordered that you issue the appropriate order, then before drawing it up, check the following circumstances.
Circumstance 1. Are the deadlines for applying disciplinary action met?
A disciplinary sanction can be applied to an employee within a month from the date of discovery of the misconduct by management and within 6 months from the date of its commission (Article 193 of the Labor Code of the Russian Federation; clause 34 of Resolution No. 2).
For reference
The day the misconduct was discovered is the day when the person to whom the offender is subordinate at work learned about the misconduct, regardless of whether this manager has the right to impose penalties or not. In other words, this can be either the head of the company or the head of a workshop, department, etc.
In this case, the month period from the date of discovery of the offense does not include the time:
- illness of the employee himself (note that other cases of temporary disability (Article 5 Federal Law dated December 29, 2006 N 255-FZ), including temporary disability due to caring for a sick child, are included in the monthly period);
- the employee’s stay on any leave (main, additional, educational, without pay). The absence of an employee from work due to the use of time off does not interrupt the flow of the month;
- necessary to clarify the opinion of the trade union. This applies only to cases of dismissal for repeated violations of an employee who is a member of a trade union (Clause 5, Part 1, Article 81, Articles 82, 373 of the Labor Code of the Russian Federation).
Therefore, if your employee, for example, was late and then fell ill for a long time, then there is no need to fear that because of his illness you will miss a month’s deadline and will not have time to punish him. But it is important to issue an order to apply the penalty within 6 months from the date of delay, because this six-month period is not extended during the employee’s illness and other mentioned periods (Article 193 of the Labor Code of the Russian Federation).
Circumstance 2. Did management choose the right sanction?
In addition to the fact that only a reprimand, reprimand or dismissal can be applied to an employee (Article 192 of the Labor Code of the Russian Federation), only one penalty can be applied for each misconduct. Therefore, if you are required to draw up an order to immediately issue a reprimand and dismissal, then explain to management that this is illegal.
In addition, keep in mind that when choosing a sanction for an employee, the severity of the employee’s offense, the circumstances under which it was committed, and the employee’s attitude toward work must be taken into account (Article 234 of the Labor Code of the Russian Federation). Therefore, serious disciplinary sanctions should not be applied for minor offenses, much less fired for being five minutes late. Still, dismissal is a last resort.
If an employee was reprimanded for a 5-minute delay that did not cause serious harm to the company, and was fired for a second similar delay, then if he appeals the dismissal, the court may reinstate him at work. And the company, in turn, may be required to pay the employee wages for the entire period of forced absence (Article 234 of the Labor Code of the Russian Federation).
Circumstance 3. Is the employee’s lateness documented?
The documents should record:
- the fact that the employee is late. Depending on how you record working time, the fact of being late may be recorded:
(or) at a checkpoint (as evidenced by data from the electronic system or timekeeper);
(or) in a report (official) note from the immediate supervisor of the late worker addressed to the head of the organization about the circumstances of the lateness and the advisability of bringing the employee to disciplinary liability;
(or) in the act of lateness;
- absence of valid reasons for being late. So, if an employee was late because the water supply in his apartment unexpectedly broke at night, and therefore he had to call a plumber, then there is a good reason for the delay.
Please note that the Labor Code of the Russian Federation does not contain a list of valid reasons for being late. Therefore, the issue of “respect” is decided in each case by management. But if an employee appeals against being held accountable in court, the court will not only find out the reason for the delay, but also decide whether the employer assessed it objectively.
To find out the reason for being late, you need to request a written explanation from the employee.
Advice
It is better to develop a procedure for recording lateness in advance and register it in the PVTR. Then, in the event of someone being late, the company employees who are entrusted with processing necessary documentation, will do it quickly and correctly.
How to pay for work on the day you are late
In all cases when an employee, through his own fault, does not fulfill any standard established for him (output, time, service, etc.), payment of the standardized part of the salary (salary, tariff rate) is carried out in accordance with the volume of work performed (Part 3 of Article 155 of the Labor Code of the Russian Federation).
Proportional payment also applies if the employee is late. Indeed, in this case, the employee does not comply with labor standards (time standards) (Article 160 of the Labor Code of the Russian Federation), which must be reflected in the working time sheet in form N T-12 or N T-13. And one should not confuse such payment for a late worker with a fine. As we have already said, a fine (usually expressed as a percentage of salary) is a sanction not provided for by law at all, and therefore illegal.
As you can see, there are many ways to influence negligent employees - from verbal reprimands to dismissal “under article”. In any case, it is, of course, up to the management to choose the sanction. You may be asked to complete the paperwork necessary to punish you for being late.
But remember that an employee can appeal a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation). And if the court cancels the penalty, for example, for the reason that it considers it too harsh in a particular situation, then the employee will be considered not to have a penalty. Even if the fact of being late for work actually took place. In such a situation, he can no longer be fired for being late for work again (Clause 5, Part 1, Article 81 of the Labor Code of the Russian Federation).
Lateness is any absence from work for a period of 1 minute to 4 hours, regardless of the reason. This includes only those types of absence where the employee did not warn management and did not ask for time off in advance, but simply came later than the working day began without good reason. Usually in such situations, the employee asks the question: “Does the employer have the right to fine for being late?” Legally, an employer has no right to fine someone at work, and it doesn’t matter whether a person is 5 minutes late or 3 hours late.
The essence of the violation
The Labor Code indicates that the hired employee must be present at his place for all the time specified in the contract concluded at the time of his hiring. In the Labor Code there is no such thing as being late; it is simply considered a violation internal rules and discipline. Penalties applied for failure to comply with the order are listed in Article 192 of the Labor Code of the Russian Federation and must be exclusively disciplinary:
- Reprimand for one offense.
- Reprimand for two or more late arrivals.
- Severe reprimand for systematically arriving late to work.
- Dismissal - more than three systematic delays in a short period of time.
Punishment for being late
Is it possible to fine employees for being late? According to the labor code, penalties for being late cannot be applied to either an intern or an experienced employee. Moreover, the employer may be held criminally liable if such a measure is introduced disciplinary penalties will have serious consequences for the employee. This applies to severe acquired diseases and death of an employee. In order for an employer to be punished under the Criminal Code, it is necessary to prove the connection between fines at work and their consequences.
Late employee
Being late for work - what is this offense?
A disciplinary violation always begins from the first minute of the working day. Delay of any length, up to several minutes, is considered a violation and may result in a citation or other charges, but penalties for being late are prohibited. Legal penalties that an employer has the right to impose on employees include:
- Deprivation of the entire bonus part of the salary or only a part.
- Discussion of misconduct at a team meeting or planning meeting.
- Forced to work outside of working hours.
Fines at work - is it legal?
No organization in Russia has the right to apply penalties in the form of deductions from the base or salary portion of wages. Other sanctions not specified in the Labor Code can be successfully applied and reflected in documents signed by the entire team. But the order on fines for lateness does not have a sample and should be calculated only from the bonus part if the employee agreed to this.
Sample employment contract
Important! If the clause on penalties from the bonus portion is reflected in the contract that the employee signed, then the employer must still prove the guilt of the late worker in order to impose sanctions. If there is no contract or the employee did not sign it, then it is prohibited to collect even from the bonus portion.
The amount of the fine imposed on the employee from the bonus portion cannot exceed 10% of the salary. In addition, its amount and collection procedure must be specified in the employment or collective agreement. For the first delay, a penalty cannot be applied; you can only give the employee a warning.
Important! Local regulations may stipulate a change in the bonus system. The bonus is an incentive part of remuneration, so it can be changed downwards for lateness, failure to fulfill duties and other violations. Changing the amount of the premium is regulated by Article 192 of the Labor Code. In addition, the worker is required to pay if, for example, he causes material damage to the company. The employer can fine under such conditions, but the amount should not exceed 40% of the salary for one month and should not be lower than the minimum wage after withdrawal. The amount should also not exceed the employee’s average monthly earnings in accordance with Articles 248, 238 and 241 of the Labor Code of the Russian Federation.
If you need to report a violation
The imposition of a fine is liability for violation of labor protection requirements, that is, it is an offense that is equivalent to non-payment of part of the salary. For this, it is possible to hold the employer accountable under Article 5.27 of the Code of Administrative Offenses. If the employee can prove the employer’s guilt, then the individual entrepreneur will have to pay a fine of up to 5,000 rubles* for the first violation, and legal entities - up to 50,000 rubles*. If you try again to collect such fines from employees, the amount increases to 20 thousand rubles* for individual entrepreneurs and 70 thousand rubles for legal entities. persons*. If an organization believes that it has the right to fine employees at work for being late for three months in a row, then it will have to answer under an article of the Criminal Code of the Russian Federation.
If the employer systematically punishes staff with fines for late appearance at the workplace, then employees can file a complaint with a special body that monitors compliance with the Labor Code of the Russian Federation - a department of Rostrud (or State inspection labor).
To register an appeal there, documentary evidence of the employer’s guilt is required. It can be:
- Copies of orders or orders for collection.
- An act or resolution to reduce wages.
- The rules by which the daily work routine of all employees of this position is observed.
- A document confirming employment in this organization.
These may be other documents that are stamped and signed. official organizations confirming the fact of a reduction in the salary portion of wages. It is advisable to contact the inspectorate within 3 months from the fact of the employer’s violation of the law. You can also contact inspectors by email.
Note! Officially, the inspection will consider the complaint from 1 to 30 days from the date of submission of documents. The period for consideration of a complaint may also be increased to 60 working days if serious violations of internal labor regulations on the part of the employer have been identified. In any case, the applicant must be notified of the completion of the case or its extension.
How to avoid a fine
In order not to encounter such violations of the Labor Code on the part of the employer, you need to not be late. If you had to be late due to reasons beyond the employee’s control or good reasons, you need to notify your immediate superior. Often this behavior allows you to avoid any penalties.
If, upon arrival at the workplace, the management offers to sign an absence from work report, you need to familiarize yourself with it and sign only if a violation has occurred. If an employee arrived on time and is charged with violating labor regulations, then the report must indicate your disagreement. You must contact the inspectorate with your copy of the act.
*Prices are current as of June 2018.
How to avoid fines for being late to work and maintain your credibility with management. Learn more about the types of disciplinary punishments and those who cannot be fired for absenteeism.
Every person has been late for work at least once in his life. various reasons. Some were forgiven by management after such an incident, while others were severely punished by issuing fines. Often it all depends on the type of profession and the boss himself.
Delay or tardiness is when an employee is outside the workplace during the period of time when he is obliged according to employment contract, fulfill your direct professional duty.
This fact can include the following points:
- Delay over 10 minutes or more;
- not arriving on time from lunch break;
- leaving the workplace for personal matters without notifying management.
Being late due to important reasons
The subordinate, before performing labor actions, must provide a document (certificate) to his supervisor about the reason for his absence.
Valid reasons include:
- Serious illnesses of relatives;
- Unforeseen accidents;
- Death of a relative;
- Vehicle malfunction;
- Weather conditions (floods, hurricane);
By timely providing a certificate (document) about the reason for absence, the employee can easily avoid a fine for absenteeism. Because the Law provides for the dismissal of a specialist after a 4-hour absence - a gross violation of the labor code.
What is the difference between being late and absenteeism?
Lateness is a temporary delay by an employee due to unforeseen circumstances.
Absenteeism is the intentional absence of an employee from work. The difference between the two concepts is:
Penalty for being late. Form of disciplinary action
Collection can be of several options, for example:
- Warning (note). For example, voicing to a co-worker in any form, be it orally or in writing.
- Reprimand (non-material punishment). To encourage the worker to be punctual and perform work duties.
- Dismissal (break of agreement, contract). Whether it is the employer or the administration, it doesn’t matter, the bosses can demand termination of the contract with a subordinate at any time.
It is important for every employee to understand that he must act in accordance with job descriptions which he signed when applying for a job. Penalties are not applied if the employee is not guilty of being late.
Many people are interested in the question: can a fine be issued for being late for work? In addition to the penalties prescribed by the labor code, there are cases of unofficial “punishments”. They may be in the company's employment contract.
For example:
- Deprivation of bonus (which is a kind of fine for being late for work).
- Working off (on holidays or weekends).
- Review and analysis of behavior at the general meeting.
Documents regulating the process of imposing a fine for absenteeism
When subordinates repeatedly fail to show up at work on time, management is forced to take punitive measures. Some are immediately fired, while more valuable specialists are severely punished by issuing fines for absenteeism.
Such an unpunctual person is limited in his bonus. Recording everything in special documents.
1. Collective and labor agreement.
2. Labor compensation provisions.
3. Various additional agreements.
When a subordinate has no desire to pay a fine for being late for work, it is advisable to urgently contact legal entity(to prove that he's right). After all, only a qualified specialist can prove that an innocent person is right.
So, by using a fine for absenteeism in an organization as a measure of influence on co-workers, the employer runs a risk. Since if an offended employee approaches the judicial authorities with a complaint, he will be able not only to return the lost funds, but also receive.
If a subordinate’s share of his salary was illegally taken away, he is obliged to writing ask your boss to justify such an action by answering back 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 hirer, upon the fact that a colleague is late, makes a note in the official report, which indicates the disclosure of all the details of the offense. Article 192 of the Russian Labor Code fines by collecting Money for such disciplinary offense are not indicated.
When the decision on dismissal is finally adopted and is not subject to discussion, senior management follows the instructions:
- Establish the fact of lateness, that is, the absence of a subordinate at work. An act is written, which is certified by three witnesses: the boss, the person with personnel service and some of my colleagues.
- After the employee returns, receive material from him in writing, indicating the reason for the delay. If it is confirmed, the fine for absenteeism will be cancelled. Typically the waiting time for an explanation is 2 business days.
- The subordinate has the right to refrain from explaining the reason for his delay. But this does not exempt him from receiving a punishment; there will definitely be a fine for absenteeism at work. Disagreement is noted in an act, which is again drawn up with three colleagues.
- Voice the decision to apply punishment. After receiving clarification or completing the document from the employer within 3 working days. If the incident happened once, then usually the manager gets by with a simple remark, and for repeated absences - a fine or, at worst, dismissal of the employee.
- Issue a completed order to the subordinate. If he does not accept it, draw up a new decree.
- Attach a copy of the document to the employee’s personal file, where it will remain for a year until the research period ends.
- Re-do the work if delays recur.
- Issue an order for punishment in the form of dismissal for the next absence, not forgetting to follow the steps in paragraphs. 1-3.
- Make the necessary entries in the HR department, indicating the reason for dismissal. For example, “dismissal for regular violation of work order.”
- Calculate the subordinate by returning his personal documents (work book).
Fine for absenteeism at work: Mistakes that managers can make when trying to quit
A subordinate may consider his dismissal illegal and sue his superiors in order to receive protection from the state. Of course, if the hirer followed the employment contract, it will not be possible to challenge his decision. However, the court may approve the employee’s side if the manager makes a mistake when dismissing a subordinate.
So, the main mistakes of superiors in relation to subordinates:
- The subordinate lost his job after 2 absences, but there is no written evidence of the first absence (it was not documented).
- The employee was late twice, but only one was for an unexcused reason.
- If the interval between two delays was more than 1 year.
- After summing up the results, the manager decided to call the employee’s tardiness as absenteeism.
- 2 obvious violations were committed, but for one of them the authorities did not issue a fine.
Who can't be fired for being late?
According to the law of Ukraine, the rights and requirements are the same for everyone. But there is still an exception for such persons:
- Pregnant women;
- persons raising children under 3 years of age;
- single parents with children under 14 years old.
Of course, people should not be fired for minor delays; serious reasons must be provided for this. For example, a subordinate does not go to work for more than 4 hours without any warning to higher management. Such a disciplinary violation is already called truancy.
Conclusion
In order to remain in good standing with the employer, you must always remain punctual and take a responsible approach to assigned tasks. Then you won’t have to receive fines for absenteeism and other violations.