If the office of strict rules and the delay in the mornings employee without good reason has become a habit, it can be punished for violation of labor discipline.
1. What is the delay
By law, the employee must observe labor disciplineArt. 21 LC RF. That is subject to the general rulesLegal encyclopedia of conduct for employees and employers.
Including the time to appear in the workplace. Specific framework regulates working hoursArt. 100 TC RF. This document is written, when to start, when to stop, what time to go to lunch or on break.
The mode is set by internal labor regulationsArt. 189 TC RF, The collective agreement, agreement between the employee and the employer and other legal actsreference
on working time and rest periods for certain categories of workers. In some cases, fixed in the employment contractArt. 57 LC RF.
Being late, the employee violates the order of the day and can cause damage to the company. The company loses money: employee did not call to potential buyers do not sign contracts with new customers and so on. True, the leadership often makes allowances for the fact that the specialist compensates for its tardiness
productive work.Otherwise it will be recorded offense: will make the act of absence from work, make a mark on the report card. From the employee will require a written explanation as to why this happened. A response is given two days. An employee to write an explanatory note, annexing the documents and certificates, if the cause is justifiable. If not, the employer will determine the punishment. At the beginning it is usually remark or reprimand.
2. When can I be late
Version of "traffic jams", "car broke down" and still "asleep" and "Service did not load" are not considered as valid. Although the precise definition of what the circumstances may be called such, is not in the law.
However, there are situations that are considered to be respectful:
- disease;
- illness of close relatives;
- death of a family member;
- or municipal road accident;
- natural disasters.
Konstantin Bobrov
Director of the Legal Service "United's defenders."
Valid reason to delay the employee can be considered, such as municipal accident. Simply put, if the top neighbors burst pipe and flood your apartment. To confirm the need to get help in the management company or HOA.
Not the fact that it will ask the employer, but it is desirable to have on hand. This also applies to other causes: the employer can trust the word of an employee, but the required documents in advance to get better, because they may be needed in the event of a dispute.
All situations must be documented: open sick leave certificate from the hospital, the traffic police or from the management company.
Recently, the State Labor Inspectorate has also calledOfficial website of the Labor Agency Employers do not penalize employees for tardiness in bad weather, when public transport is irregular.
3. What threatens to delay
For one offense can be only one punishmentArt. 193 TC RF. And you can apply it within a month after the find a violation. This term does not include illness, holiday the worker and the time during which the union will express an opinion about the offense. If, however, with the discovery of the offense took six months, the perpetrator be punished anymore.
When an employer has fixed delay, he decides what to do. Dismissal - is an extreme measure. In addition it has several other options are not the most pleasantArt. 192 TC RF.
Comment
The most lenient penalty. Usually used when a minor offense or an employee made him the first time. The employer publishes an order declaring the comments which operates year. At that time, the employee is under close surveillance. If he deserved the prize, its amount may be reduced or no pay. Perhaps ENTERED remark in a private matter. All of these conditions remain at the employer's discretion.
Note may be withdrawn prematurelyArt. 194 TC RFIf it wants to head, writing prompts superior officer, trade union or employee himself guilty.
Rebuke
As a rule, it is a punishment for offenses of medium gravity. For example, for re-delay. The chief issue Writs of reprimand ad. He's just as likely to be withdrawn prematurely. No severe reprimand or reprimand to be entered into a private matter does not exist. The Labor Code in this respect there is one a clear formulation. If the employer has declared something else, it's a non-existent penalty for that answer myself HeadArt. 5.27 of the Administrative Code.
Strict prioritization - at first comes the remark, and then reprimand - in law no. It all depends on the specific violation.
In the Labor Code spelled out general disciplinary responsibility. But there is also a special for some professionsComments to the article. 192 TC RF. For it is possible to involve civil servants, railway workers, sailors and some other categories of workers. Penalties for violations are enshrined in the Charter and the provisions of the discipline.
4. When for the delay can be fired
There are two concepts - absenteeism and tardiness. If the delay is less than four hours, it's late. More - absenteeism. according to the article,Art. 81 LC RF 81 of the Labor Code, with the only absence from the employer may dismiss.
Therefore it is better to be late once for three hours than three times for 15 minutes. After all sacking threatened in the case where the worker has repeatedly violated the discipline. That is, when he already has a valid reprimand or remark. They can apply for any offense, not only for the late appearance of the workplace.
Irina Smolkina
The head of the personnel department of the federal network "Radio".
This can occur in the following scenario: The first time I'll be late boss announces remark. The company is emitted an order with which the employee is obliged to get acquainted.
If this observation has not given effect, and the employee is late for the second time, he imposed a reprimand, what again is published order. The third delay becomes the last. An employee can be dismissed.
First formed the order of dismissal. The document is given to the employee, who must sign it. Similarly, transmit and copy of the order. In the workbook are recording that the employee is dismissed under the relevant article.
Konstantin Bobrov
Director of the Legal Service "United's defenders."
You can challenge the dismissal in the district court by filing a claim for reinstatement. Post it can be within one month from the date of delivery of a copy of the order of dismissal. Or within one month after receipt of the work book.
Zinaida Behnke
Director of Legal Affairs, the agency business tourism "flying club".
The grounds for challenging the order of dismissal may be the fact that the employer did not realize the gravity of the offense and the circumstances under which it was committed. That is, the head did not understand the reasons for the delay. In such situations, the courts tend to be more likely to side with employees.
If an employee is given the explanation that the delay was due to valid reasons, and not a violation was systematic and was not extended, the court clearly takes the side of the employee.
Output
If the company is strictly enforced working hours, then without a good reason it is better not to be late. In the case when it does not neizbezhat, should warn the head. And then provide proof that you do not just do not appear to work on time.
Latecomer employee can be firedIf it already has more than a reprimand or remark. However, if you think that the employer acted unfairly, please contact the local labor dispute committee. Or apply to the court.
see also🧐
- What if much nakosyachil at work
- How to organize your working day
- Why we're late, and how to fight it