Fine for being late for work: Labor Code, does the employer have the right to fine

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Published: 01/12/2018

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The legality of financial penalties for being late for work is a burning issue for many workers. Most often, punishment in rubles for unpunctuality is practiced in large retail chains, while punitive “tariffs” are not prescribed in the employment contract .

• What penalties are legal for being late?
• What to do if you are fined for being late?

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It cannot be otherwise, since there are no legal grounds for their inclusion there. The Labor Code of the Russian Federation provides for the concept of “fine for being late for work.”

Arriving at the workplace after the start of working hours is classified as a disciplinary violation of the first group, and specifically, the rules of work schedule. There are no uniform standards for labor activity - according to Art. 190 of the Labor Code, they are approved by a specific employer, but taking into account the position of the representative body of employees (trade union).

The work schedule is regulated by the approved internal rules of the enterprise, which the employee becomes familiar with during the process of applying for a position. The start and end times of the working day are fixed by internal rules; accordingly, arriving at work later is considered a violation of the labor regime. In this case, the time of delay does not play a big role - even if the employee was late for a minute or two, he actually violated the labor regime and the employer has the right to apply sanctions to him provided for by the letter of the law.

What is considered late for work?

When a person is at the workplace, he is obliged to obey the charter of the enterprise and the work schedule. An employee does not have the right to come to work whenever he wants (exception if the position provides for a flexible schedule).

Some irresponsible employees believe that being a little late will not entail any consequences. But this is a misconception. First, let's figure out what is considered late.

Lateness is the absence of an employee from the workplace for any reason from 1 minute to 4 hours.

Some managers allow employees to be late by up to 5 or 15 minutes. But this is at the discretion of the authorities. However, if such violations are systematic, then sooner or later the employer will get tired of such negligent attitude towards labor regulations.

The Labor Code says nothing about the concept of “lateness”. It is called differently - violation of discipline.

Let's look at examples of delays:

• Absence of an employee at the beginning of the working day;
• Late return of the employee from lunch break;
• Leaving the workplace on your own initiative without warning anyone;
• An employee leaving work before the end of the working day.

When hired, each employee signs an employment contract, which spells out all the rules of the enterprise and the daily work schedule.

If this agreement does not contain a clause on lateness, or the employee for some reason was not familiarized in writing with the rules of being in the workplace, he cannot be held accountable. Otherwise, he can go to court.

Valid and non-valid reasons for an employee to be late

At the moment, the Labor Code does not have a clear classification of valid and disrespectful reasons why an employee may be late for work. As a rule, good reasons mean those that arose beyond the will of the employee. These can easily include: illness (upon presentation of the appropriate certificate), severe weather conditions, accident, death of a loved one, and others.

An unjustified reason is one that directly depended on the employee. For example, if, through his own fault, he simply overslept his shift. Should transport problems be considered a valid reason? Most employers are confident that being stuck in traffic jams and breakdowns of public transport are not significant reasons. Therefore, to avoid being reprimanded for being late, you need to go to work early.

Possible reasons and features of lateness

Most directors are loyal to late subordinates. If systematic delays occur, sooner or later the undisciplined employee will have to answer for negligence at work.

Examples of labor violations are:

• The employee’s failure to appear at the opening of the enterprise;
• Absence after lunch break;
• Leaving the workplace without notice;
• Leaving the organization before the end of the working day.

This is also important to know:
How to file a complaint against an employee and in what cases

It is worth noting that the application of penalties for lateness is not considered the responsibility of the manager. Punishment of an employee is his own initiative, which is not prohibited by Labor legislation. In addition, the boss independently determines the degree of “respect” for the reason for the subordinate’s absence from the workplace.

Those situations that a person could not influence are considered acceptable for being late. For example:

• Accident, malfunction of municipal transport;
• Death of a close family member;
• Natural disasters;
• Visiting a medical facility due to illness.

Traffic congestion caused by an accident is a valid reason. To confirm his words, a person can provide the boss with a certificate from the traffic police or a video recorder.

The manager has the right to demand documentary evidence of the reasons for the employee’s delay. Such evidence can include certificates, official letters, and the words of eyewitnesses.

Valid reasons for being late according to the law

Each case of delay must be considered on an individual basis. Punishment for such a violation can only be applied in cases where it was deliberate and groundless. But in order to determine this, it is necessary to consider two sides of the issue - reports (reports) from the company’s management and the employee’s explanation.

The following should be considered valid reasons:

1. The employee was late due to the delay of transport (bus, train, tram), the movement of which he could not influence.
2. The delay occurred due to the need to visit a doctor or provide assistance to a sick relative.
3. There was an emergency at home (a water pipe, heating, sewerage system burst).
4. The worker took the child to school or kindergarten.
5. In the event of the death of a close relative.

It is important to note that such reasons cannot always be documented at the time of delay. But, if necessary, you must be prepared to provide a certificate from a competent organization confirming that the short absence was of an objective nature. They are issued by the housing office, hospital, school, kindergarten, and transport utility company.

Design rules

In order to properly document an employee’s misconduct, the employer needs to follow the following algorithm of actions:

We draw up an act

We draw up an act of lateness with the signatures of two fellow witnesses who can confirm the fact of misconduct.

We take an explanatory note from the employee

We take a written explanation from the employee. The document must be provided within two days. If a person does not want to explain his misconduct, draw up an act of refusal to give a written explanation and sign the presented act.

We analyze the incident

After this, the director sets a date and time for the debriefing, to which all involved persons are invited.

We issue an order

If the employee’s guilt is proven, an order to impose a disciplinary sanction should be issued, which will indicate the sanctions applied to the violator.

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.

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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.

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Disciplinary punishment can be lifted by the employer from an employee earlier than this period if the worker has become much more responsible at work.

What should a late employee do: how to protect yourself from liability and avoid punishment

Below are a number of recommendations for an employee who finds himself in such an awkward position:

• If you realize that you are going to be late, it is better to inform your employer in advance. Perhaps this will reduce your punishment.
• To confirm a valid reason, you must bring the appropriate certificate.
• At the request of your superiors, you may have to write an explanatory note.

How to write an explanatory note

There are no strict recommendations on this matter; the position of the Ministry of Labor is that the explanatory note should clearly state the reasons for the delay and indicate that the violation was isolated.

The explanatory note must clearly explain the reasons for the employee’s delay

How to punish a negligent employee: fine, issue a warning, reprimand or fire?

The employer is free to choose the enforcement measures himself. Typically, an employee who is delayed for a few minutes is given a verbal warning. A delay of more than 15 minutes will result in the writing of an explanatory note and may result in disciplinary action.

At the same time, for repeated failure to fulfill labor or official duties (due to being late, among other reasons) and in the absence of valid reasons, the employee faces dismissal (Clause 5, Part 1, Article 81 of the Labor Code of the Russian Federation).

Lateness is the absence of an employee at work during a shift. Being late is considered a disciplinary violation. If delays occur systematically, then this is a serious reason for dismissing a negligent employee. There are good and bad reasons for being late. To confirm the validity of the reason, you must bring the appropriate certificate. At the request of your superiors, it may be necessary to write an explanatory note.

Penalty measures

A single violation of the internal regulations of the enterprise entails disciplinary liability. Identifying the fact of a short-term absence of an employee is a labor-intensive task.

The manager will need:

• Compose a report or working note;
• Receive an explanation from the latecomer;
• Consider the reasons for a person’s absence from the workplace;
• Write an order to impose penalties on the offending subordinate.

If an employee is late more than 3 times, the director has the right to dismiss him from his position. The same measure applies to those employees on whom a penalty has already been imposed, and it is outstanding at the time of the next violation. The second and third delays are processed in the same way as the first. After the third offense, the employer draws up an order to terminate the employment contract for regular violation of discipline.

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If the offending employee refuses to sign the document, an appropriate mark is placed on it. An entry on the application of disciplinary liability is not made in the work book. The exception is situations where an employee was fired for violating the organization’s charter.

The Labor Code of the Russian Federation prohibits imposing a fine for being late for work. The use of such a sanction is a reason to go to court.

The manager does not always learn about violations of internal regulations on the same day. Therefore, the Labor Code of the Russian Federation provides for deadlines for applying penalties. You can punish an employee for being late:

• Within one month after the discovery of the offense;
• Within six months after the violation occurred.

For each offense there will be only one punishment. This means that a late subordinate cannot be reprimanded and then the contract with him can be terminated.

Compensation for missing work time

The optimal solution that can satisfy the parties to the labor relationship is to work the due standard hours after the end of working hours.

To avoid misunderstandings with inspection and control organizations, this process should be properly formalized.

If the work will be carried out on the same day, then the culprit can simply write an explanatory note, where he undertakes to work out the missed time after the end of the working day. An approving resolution from the manager will be enough to accomplish this. There is no need to change anything on the time sheet.

https://youtu.be/MG3sUAf044M

When the work will be on another day. Here you will also need an explanatory letter with an obligation to work out the missed time. It is advisable to back this up with minutes of the production meeting. On the day of lateness, the time on the time sheet is reduced. On the day of work, enter the actual work time. The standard hours of the accounting period are not affected.

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Frequent mistakes when dismissing someone for violating work hours

A one-time delay is a minor violation of the internal regulations of the enterprise. Therefore, the manager cannot fire a person for this offense. In practice, there are situations when this rule is not observed, and the employee’s employment contract is terminated.

Employers often make mistakes when trying to fire an employee from their position for being late:

• The director dismisses a subordinate for the second tardiness, but the fact of the first violation was not recorded in writing;
• The employee was late twice, but more than 1 year has passed since the first offense;
• The total time of delay is summed up and an absenteeism report is entered;
• One out of two delays had a valid reason.

When faced with injustice, an employee has the right to go to court and protect his interests. If one of the listed mistakes was made by the manager, the judge will rule in favor of the plaintiff.

Actions of a late employee

If a person realizes that he cannot get to work on time, the following steps must be taken:

• Warn the director or colleagues that he is delayed;
• Prepare certificates confirming valid reasons for being late;
• Submit an explanatory note to the boss, detailing the reasons for the delay.

Such employee behavior will help avoid serious consequences for violating the company’s internal rules and regulations.

Providing false certificates is grounds for dismissal. In addition, the person who issued the documents may be subject to criminal liability.

The fact of violation of discipline is recognized only if the person was officially familiarized with the internal rules and operating mode of the enterprise. Without his signature, absence from the workplace is not interpreted as being late.

What does the Labor Code of the Russian Federation say about lateness?

Lateness is the absence of an employee at work during a shift. Let us note an important fact that, contrary to the widespread stereotype, there is no minimum acceptable error in terms of being late. This means that formally, even if you are only five minutes late, this will also be considered a full-fledged disciplinary violation.

What is the difference between being late and absenteeism?

It is important to understand that the very definition of absenteeism is as follows: “Absenteeism is considered absence from one’s workplace for more than 4 hours without compelling and valid reasons.” Of course, in any organization, absenteeism is a much more serious offense than being late. This is often a very good reason for dismissing an employee.

Video: how many hours separate acceptable lateness from absenteeism

Systematic lateness

If an employee is in no hurry to take his workplace, and this happens regularly, let’s say, on average, once a week, consistently, we can talk about systematic tardiness. In this case, appropriate proceedings are usually initiated against the employee, during which the reasons for the persistent violations are clarified.

Regular lateness

What does the Labor Code say about systematic lateness to work? There is no such concept in it. But there is a concept of violation of labor discipline.

If an employee is regularly late and does not have a valid reason, the boss has the right to fire such an employee. What else can be done if reprimands do not help, and the person ignores the Acts in his personal file?

Of course, if an employee reproaches himself, saying that I am always late for work. I know it's bad. Sorry, it won't happen again. Then you can give one last chance, especially when the employee is good and it’s a pity to part with him. But if, after a short period of time, delays begin to recur, you will have to fire the specialist.

If an illegal fine is imposed: how to protect yourself

One of the most common circumstances in which an employed citizen may be subject to disciplinary action is rightfully considered being late.

To suppress such violations, employers impose various penalties on employees, which are not always legal.

In particular, sometimes an employer punishes a violator with fines; does he have the right to fine employees?

A fine is a monetary penalty, the purpose of which is to punish the offender and prevent further violations.

Article 192 of the Labor Code of the Russian Federation contains information about disciplinary sanctions that can be applied to a citizen working on an official basis.

In accordance with the current legislation, the employer, on the basis of an order, has the right to declare:

• comment;
• rebuke;
• dismissal.

The use of a monetary sanction in the form of a fine is a violation of worker rights. Failure by an employer to comply with the norms established at the legislative level threatens him with administrative liability.

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The procedure for dismissal due to staff or headcount reduction

The employer does not have the right to fine employees for being late for work, even if the procedure for assigning a deduction of a sum of money is reflected in the company’s internal documentation.

If problems arise, an employee can seek protection of his rights from higher authorities involved in resolving labor conflicts.

It was previously stated that a fine is an illegal measure of punishment for working citizens that violates their rights.

Announcing a fine for being late is an action contrary to the law.

According to Article 191 of the Labor Code of the Russian Federation, the monthly salary of employees working on an official basis may consist of incentive and incentive payments.

These include bonuses and other similar sums of money.

The technology for assigning and calculating these funds must be present in internal documentation or an agreement concluded during the process of registering labor relations.

In case of violation of production discipline and delays, the management of the enterprise may decide to deprive the employee of a bonus.

The procedure for paying monetary incentives of this type is not regulated by the legislation of the Russian Federation, so an employee can be legally deprived of them for being late.

It is important to take into account that if an employee has lost his bonus unlawfully, he can also seek protection of his rights.

The technology and conditions for deprivation of bonuses (deprivation of bonuses) must be reflected in the company’s local regulations.

This method of punishment, unlike fines, is considered an acceptable measure in case of employee tardiness and does not contradict the law.

Relations between employee and employer are regulated on the basis of the Labor Code, as well as agreements concluded between the parties.

Based on these documents, disciplinary measures may be applied to the employee for certain violations, the purpose of which is to prevent similar violations in the future.

Being late for work is also a reason for the application of penalties, but only in accordance with current legislation.

Basic moments

The labor code does not contain the concept of lateness; it is determined by practice, as well as local acts, such as labor regulations, collective agreements, and so on.

The legislator introduced the concept of a disciplinary offense, which can include several violations.

Labor discipline is introduced to ensure the work process, its efficiency, and continuity. In its absence, the work process may not bring mutual benefit to the parties.

Requirements for the process are determined individually, by each employer, but in strict accordance with current legislation.

In fact, the legislator only establishes the framework within which labor relations are built. At the same time, there is a strictly established list of possible disciplinary sanctions.

As an example, fines for being late for work cannot be collected, since the Labor Code does not have the concept of a fine at all. This does not mean that failure to fulfill the duty will be unpunished for the employee.

Definitions

Disciplinary measures are applied only when an employee violates labor discipline.

Such violations include a limited number of offenses defined by law:

1. The absence of an employee from the place of performance of his work duties for valid reasons.
2. Refusal by an employee to perform his or her job duties without providing a valid reason.
3. Refusal to undergo a medical examination if it is required for a certain profession.
4. Absenteeism from the workplace or place of performance of work duties in the absence of a valid reason.
5. An employee’s presence outside the place where he performs his work duties for a period of four hours.
6. Leaving the place of performance of work duties without a valid reason.

That is, in fact, disciplinary offenses include violations of labor regulations established in accordance with the law and agreement of the parties.

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The legislator regulates labor relations, including the issue of applying disciplinary liability for being late, primarily by the Labor Code of the Russian Federation.

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How to file a complaint against an employer who pays gray wages

This legal act establishes the main points that labor relations must comply with, including the requirement to comply with labor discipline.

Particular attention should be paid to the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, which defines the list of offenses for which disciplinary measures can be applied.

Additional attention should be paid to local regulations, such as the work schedule, work responsibilities, collective agreement, and so on.

They determine the features of labor relationships and introduce additional rights and responsibilities.

It is worth remembering that this type of disciplinary liability, such as a fine, is not provided for by labor legislation.

Therefore, a fine is not imposed for being late to a planning meeting, workplace or other offense. Such a violator may be subject to either a reprimand, a reprimand, or dismissal.

Each of the punishments has its own negative consequences. In some cases, some methods of financial pressure may be applied to employees, but this is not a fine or even deprivation of bonuses.

Therefore, it would be wrong to evaluate such a situation as a penalty, because in essence it is nothing more than a lack of encouragement.

The application of disciplinary sanctions for this type of offense is regulated on the basis of current legislation.

But local acts such as contracts, various additional agreements, as well as operating rules and so on are no less important.

Being late for work and actual absenteeism have much in common, but at the same time, these are two completely different offenses.

Both absenteeism and lateness are calculated not only from the beginning of the working day. For example, if an employee does not return from a lunch break, in some cases such an action can be considered absenteeism; it all depends on the content of the labor regulations and other documents.

Both types of penalties cannot be applied or are subject to cancellation if the person proves that he was not at work for a strictly valid reason, for example, it could be illness, unforeseen circumstances, natural disasters, and so on.

The application of disciplinary measures must be properly formalized, otherwise the employee will be able to appeal the sanction on formal grounds.

Sample order

The imposition of any disciplinary sanction must be accompanied by the drawing up of an order by the employer, which must contain the following information:

1. Fact of violation of labor discipline.
2. Type of violation, as well as its main features and characteristics.
3. The time when the specified offense was committed.
4. The document on the basis of which the order is issued (for example, a protocol).
5. The type of liability that applies to an employee who has violated labor discipline.

The project must be signed either by the employee’s immediate supervisor, or by the head of the structural unit in which he works, by the head of the personnel department, and so on.

Now about the fines. One of the most effective ways to discipline employees is through financial punishment. The company administration simply fines those who are late for work. Of course, if the work is not paid an official salary, it is simply impossible to prove anything.

It’s another matter if all the work is done and paid officially. Here such a method may turn out to be a criminal offense. But this is the case if the employer does not correctly use the current legislation.

Additional questions

Is it possible to fire someone for being late?

If a person is systematically late, for example, more than three times, then he may be fired. A similar measure is applied to employees on whom a penalty has already been imposed; it has not been repaid at the time of the repeated violation.

The second delay, like the subsequent one, is processed in accordance with the first. After the third time, the employer has the right to issue an order establishing the procedure for terminating an employment contract with a citizen. The reason is a systematic violation of labor discipline.

The law does not establish an obligation for the employer to urgently apply punitive measures against the offender. The deadlines are established in the Labor Code of the Russian Federation. In particular, the boss has the right to punish a person within one month after his misconduct is discovered, as well as within 6 months.

This is also important to know:
What consequences does an employer face for an industrial injury?

For an offense, the employee bears one punishment. For example, a person is late. The reason is not considered valid. His boss does not have the right to first reprimand him and then fire him.

How can an employer deal with lateness?

Supporting labor discipline is a difficult and responsible burden for an employer. But if you ignore it, very soon all this will affect labor productivity, the attitude of your subordinates in the team, and the quality of customer service.

Therefore, it is worth missing this moment. And in this case, the key moment is the registration of the fact of violation. For this use:

• electronic systems for recording passage (using cards);
• CCTV cameras at the entrance to the office;
• logs for registering entry and exit from work;
• periodic checks on the availability of employees at workplaces by the company's personnel commission.

Having independent documents confirming the fact of the delay, you can begin to register the violation. Here everything needs to be done consistently and in writing.

What to do if you're late

We will explain below what the consequences of being late for work are. For now, let's talk about what to do if an employee realizes that he will not get to his workplace on time.

• Call your manager. Apologize and state the reason for being late.
• If you can't call, send him an SMS message.
• Can't notify your superiors? Warn your colleagues and ask them to tell your manager.

Imagine the situation: it’s winter, it’s snowing. There is a huge traffic jam on the road, people in the minibus are like sardines in a barrel. You can’t move, let alone take out your phone and call your manager, warning him that you’ll be late.

A sweaty employee arrives at work and runs into the boss’s office with an apology. But he’s as angry as a dog and doesn’t want to listen to anything. What should I do?

Try to agree on work. Work during your lunch break, or stay late in the evening. As a rule, having heard a statement that a subordinate is ready to sacrifice personal time and atone for his guilt, managers meet halfway and immediately become kinder. They say that the employee is not indifferent to the labor process.

If the boss is adamant, offer to go on a day off for hours.

The main thing is not to argue with management. The boss is angry, and your insolence will provoke him even more. This could even lead to dismissal.

What not to do if you are late

Firstly, there is no need to deceive management. Secondly, do not bring fake doctor’s certificates or sick leave certificates. In practice, this happened. If the document turns out to be fake and this fact is revealed, the employee will be fired.

If an employee cannot provide anything as a valid reason for a delay on the way to work, his boss has every right to regard his action as a violation. In practice, most often he voices the remark orally.

Don’t think that if an employee is 10 minutes late several times, he is in a better position than someone who was late by an hour, but only once. What matters in qualifying an offense and assigning an adequate punishment is not the length of the delay (not counting absenteeism), but its relapse.

Is it worth showing loyalty to an employee?

The specialist has proven himself to be an intelligent worker. He performs his duties well, is hardworking, and goes along with his employees and managers when necessary. Why not meet him halfway, if it so happens that the person is late for work. I didn’t warn you, but the delay is quite serious? Anything can happen, a person’s phone is dead. He asks for forgiveness and assures that this will not happen again.

For the first time, you can forgive. On the second one too. And on the third, if the employee allows himself to be late, reprimand him. If he still doesn’t understand after that, then he’s fired.