Explanatory note for being late for work: reasons, competent compilation, example. How to punish an employee for being late for work according to the labor code

Being late for work under the Labor Codeis not considered as an independent legal category, therefore, disputes between employees and the administration over dismissal for this violation of labor discipline often end up in court. Are there good reasons for being late for work? What is the relationship between reasons for being late for work and penalties?

Being late for work is a disciplinary offense

The Labor Code of the Russian Federation does not define what being late for work is. There is a general term - violation of discipline.

signing labor contract, the employee gives voluntary consent to perform his duties, participating in manufacturing process according to the rules of the employer. The employer establishes the regime of work and rest at the enterprise entrusted to him. Mode is an element labor regulations. Them mandatory compliance and there is work discipline.

Being late for work is a disciplinary offense associated with the inability to perform one's duties due to absence from the workplace in work time.

What is considered late for work?

Insofar as we are talking about violation of labor regulations, then in order for it to be recognized as such, the employee must be familiar with these rules in advance. If the person who was late before committing the misconduct was not officially (on receipt) acquainted with the internal labor regulations, his absence from the workplace cannot be considered late.

Why else do you need internal labor regulations, you will learnfrom the article"Internal labor regulations - a sample".

For those who, by the nature of their activities, visit different objects during the working day (for example, for repairmen, drivers), it should be specially prescribed how to distinguish between the time they perform labor functions, movement between objects and time spent for personal purposes.

Dismissed truants win court cases and are reinstated at work if the labor regulations were not brought to them or were drawn up formally, as well as in cases where the employer cannot confirm with documents that the violation of the regime actually occurred.

The fact of committing a misdemeanor must be recorded. Based on the data of the electronic access control system or on the basis of the results of checking the attendance of employees at work, it is necessary to draw up an act that reflects who, when and for how long was late for work. The act is handed over to the violator along with the requirement to provide written explanations on this matter.

The regulations for the actions of the employer when employees commit disciplinary violations are prescribed in the Labor Code (Article 192 of the Labor Code of the Russian Federation).

Good reasons for being late for work

Since there is no definition in the legislation, there is no official list of valid (disrespectful) reasons for being late for work. At the same time, for repeated non-fulfillment by an employee of his duties (due to being late, among other things) and in the absence of good reasons, he is threatened with dismissal (clause 5, part 1, article 81 of the Labor Code of the Russian Federation).

In this situation, talking about what reasons can objectively be considered valid should be based on the customs of business. Reasons for being late may include:

illness of the employee;
illness (death) of close relatives;
accident, change (violation) of the transport schedule;
difficult weather conditions;
other emergency circumstances.

Medical certificates, certificates from transport organizations, marks on air and railway tickets, a certificate from the hydrometeorological service or housing department about an accident in the house can serve as confirmation that these events actually took place.

If the employer, after providing such supporting documents, does not require other written explanations from the employee, it can be assumed that the reason for the delay is recognized by him as valid and no disciplinary measures will follow.

Reasons for being late for work, for which they are punished

There are no gradations of reasons for the duration of delay, just as there is no concept of "systematic delay". Any delay is considered as a violation of discipline.

In the absence of valid reasons, the management may first reprimand the employee, reprimand, and if the offense is repeated, dismiss (Article 192 of the Labor Code of the Russian Federation). Dismissal is also possible with a single absence from the workplace for more than 4 hours.

In this regard, a latecomer 3 times by 5 minutes is formally in a more disadvantageous position than someone who is late 1 time by 3 hours. The first has repeatedly committed a misconduct, and for this he can be fired, and the second, despite the fact that he was absent from work longer, will only receive a remark or reprimand, because he did not cross the 4-hour limit established by law.

However, this does not mean that the employer can apply measures of influence indiscriminately.

The Labor Code requires that the degree of violation be commensurate with the punishment imposed for it (part 5 of article 192 of the Labor Code of the Russian Federation).

If a dismissed employee, in search of justice, goes to court, the employer will have to provide evidence of the severity of the deed.

Results

Being late for work is a violation of labor discipline. At the same time, absence from the workplace will not be considered a disciplinary offense if the employee was not familiarized with the regime of work and rest, or if the employer did not document the violation of the regime and did not demand an explanation from the employee.

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

You can break time:

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

A delay of even one minute means being late for work according to the Labor Code. Considering that there are now ubiquitous automatic systems controlling the time of arrival and departure of employees, fixing even a minor violation is easy.

Being late is a disciplinary offense

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

comment;

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

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

Good reason for being late for work

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

The reasons are objectively preventing getting to the workplace on time, for example, major accident on the road, terrorist act in the subway, a pipe break in an apartment or a stuck elevator. A person cannot influence any of these circumstances, but this can happen to anyone.

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

Reasons for being punished

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

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

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

If you cannot provide convincing evidence of a good reason, you can mention witnesses to the incident who can confirm your words. Unfortunately, a traffic jam is not recognized as a valid reason.

Although this is one of the most common reasons for being late to big cities, the employee will still be sanctioned if the employer does not show leniency. If the blockage is due to road accident, you can try to get help in, but this is not always possible, and such a document is not always valid. The employer may simply state that you should leave home earlier and anticipate the possibility of traffic problems in advance.

Moreover, the reasons for being late due to the fault of the employee are not valid. “I overslept” is a common excuse, but it will only annoy the employer, because the boss always has to get up on time. If you can't bring yourself to stick to a routine, it's worth trying to negotiate with your superiors for a more flexible and more comfortable work schedule.

In some companies where the activities of employees are related to creative work, there is no concept of fixed working hours at all.

Employees come to the office when it is most convenient for them, but they must spend a certain amount of time at the workplace. Recording systems allow you to control the time of arrival and departure, and the effectiveness of employees is evaluated based on the results of their activities. Such a system ensures the comfort of work, since a person may not adapt to general schedule However, in many areas of activity it is not yet applicable.

Common mistakes when firing employees

Being late for work is considered a minor infraction.

One tardiness or other minor misconduct should not be grounds for dismissal. If an employee is faced with an unfair treatment, he may try to restore justice in court. There are several common mistakes that employers make when firing employees:

If an employee committed two violations, but did not receive a penalty for the first, he cannot be dismissed. In this case, the court will take the side of the employee, since only one violation of the order has been documented.
The employee committed two offenses, but one of them was committed for a good reason, documented. In this case, the dismissal is considered illegal, since in fact there was only one violation of the order.
The employee was punished for failure to perform duties that were not prescribed in job descriptions, that is, he was forced to do someone else's work. The court will analyze the documents, and the dismissal will be declared illegal.
There were two violations, but more than a year passed between them. If 12 months have passed since the first violation, it is considered fully repaid, and a repeated similar offense cannot be considered a reason for dismissal.
The employer considered absence from the workplace for two hours over two days as absenteeism. This is a mistake: absenteeism is an absence from the place for 4 hours in one day, and this time cannot be divided into several days. In this case, there were two delays, and the penalties for them must also comply with the standards of the labor code.

It also happens that working time is not spelled out in the rules of the order at all, but the employee is blamed for being late. In this case, he can declare a flexible work schedule and achieve the removal of the penalty. There are other cases when the severity of the penalty does not correspond to the misconduct or is a gross violation of the Labor Code. Even if an employee has committed a misconduct, he must be able to fight for his rights in order to prevent unfair dismissal, which, moreover, will significantly complicate further employment.

Certainly, the best way– peacefully agree with the employer, for example, work off the missed time at lunchtime or after the end of the working day. But even if it is not possible to agree, the first penalty should not be too significant. Usually the boss is limited to a remark: for the employee, this is a signal that you need to be more attentive to work schedule to avoid more severe penalties.

How can an employee be punished for being late? We find the answer in the video:

The modern world is filled with routine and dullness of working days. Gradually, the colors of the surrounding world fade, life loses its taste. And now - the first delay, then another, and another - until the next delay of the employee overflows the patience of the authorities.

At such moments, it is very important to stop in time, take in as much air as possible into your chest - and exhale, regaining the ability to feel life. Today we offer you several ways to restore the taste of life, eliminate the main ones and make an early morning rise desirable.

1. Make your awakening extraordinary.

The main reasons for being late to work start with reluctant getting up. Start a new day with something unusual and memorable. The easiest thing to do is to change the alarm ringtone on your phone. Choose a pleasant invigorating tune that you have not heard before - this will help you tune in to get out of Groundhog Day.

The things and events we experience in the morning drastically affect our mood throughout the day.

2. Prepare your clothes in advance.

How to stop being late for work? We've all heard about the incredible people who prepare the clothes they're going to wear in the morning in the evening. But who actually does this in practice? At least for one day, become the same prudent person - prepare a set of clean (this is important!), Clothes neatly folded on a chair. You will immediately feel better when you realize how much time you have saved on finding fresh socks or choosing the right skirt.

3. Go for a run.

Even if you already do it every day, a morning jog will inevitably lift your spirits. Again, you can change the route and change the music in the player, turning on something completely unusual (but still suitable for the rhythm of the run). Jogging will tone your muscles, give your brain a rest, invigorate and prepare you mentally for the harsh working days.

4. Change the usual things in the bathroom.

This morning you should be waiting for a brand new Toothbrush(perhaps even for children - with Cheburashka's ears) and toothpaste with a new, completely different taste. Swap your electric shaver for a disposable one and vice versa. Use dental floss if you have never used it before. In general, do familiar things with unusual tools.

5. Prepare a dish that has never been made before in the evening.

What could be better than trying something new? It is not necessary to cook something extraordinary from Moroccan cuisine - it can be a tea cocktail or ordinary porridge, the taste of which you remember from childhood. Culinary experiments (especially successful ones) will make your morning even more memorable and enjoyable. And the expectation of a new taste (instead of the usual scrambled eggs) will give upon awakening a feeling of new year holiday and you will get out of bed much faster. And that will free you up a lot of time.

You don’t have to replay the reasons for being late or thoughts like “I’m late for work, what can I say?” or “is it possible to be late for work if I’m not in the mood,” if the morning started on time and unusually.

6. Arrived at work on time? Reward yourself!

Is it possible to be late? Of course not! There is no reason for being late to work that would justify their regularity. In the fight against systematic delays, even a barely shown punctuality is already a small but noticeable victory over oneself. Feel free to reward your efforts by celebrating it with an evening trip to a cafe with friends (of course, without delay) or just with a chocolate candy.

7. Make time for the unexpected.

Yes, that means getting up fifteen minutes early. Yes, this means that sleep is shortened by a whole quarter of an hour. But on the other hand, this time can be spent on a new, unusual route of movement or new activities in the morning - it will invigorate you and motivate you for fruitful work. In addition, suddenly being locked in a broken down city bus or stuck in a traffic jam, you will no longer be in a panic thinking “I'm late for work, what can I say?” – and thank yourself again and again for this little morning “sacrifice.”

8. Make a personal schedule.

There are many small and short-term tasks that take very little time on their own, but in the aggregate they can delay the implementation of more important tasks for an indefinite period. long term and therefore cause regular delays.

Even if you spend only a minute of your time on such trifles, take them into account in yours. Let the working day be scheduled to the nearest minute, and highlight the most important things in bold. By regularly checking this schedule, you will always know when and what needs to be sacrificed in order to manifest in the work.

9. Get help from other people.

You do not have a personal responsible secretary? No problem! Ask your friends, family and loved ones to wake you up with a phone call in the morning, send you reminder texts, and periodically check on your progress in combating the tendency to be late. Of course, only if these people are more punctual than you, and they themselves are not tormented by questions about how to stop being late for work or an important meeting.

10. Use electronic devices and gadgets.

Today we live in an age of amazing technologies that allow you to combine dozens or even hundreds of various functions in one small phone. Take advantage of this by installing a convenient organizer for yourself - and update it regularly so as not to forget anything. If a person can fail, then mobile phone unlikely - only if you lost it due to the same absent-mindedness.

What is the result?

Using these tips, you can easily and pleasantly inspire yourself to come to work on time. Over time, you realize that you have not asked yourself for a long time whether it is possible to be late today - you will no longer want to run away from work, and an employee's lateness will never again be out of your mind. You will like the result.