No one is immune from occasional delays to work: everyone can get stuck in a traffic jam or wake up in the morning to find a flood in their own bathroom. But systematic lateness can result in the most unpleasant consequences for an employee. Only in order to organize these consequences for a negligent employee, management will have to try: you can’t just punish anyone. Decor disciplinary action begins with recording the fact of a violation. In our case, this will be an act of being late for work.

What is an act?

Let's remember what an act is. This is a document whose purpose is to record an event or situation. There are a million types of acts. The personnel service usually draws up acts precisely in order to record disciplinary offenses of employees. Details about the act as a document are written in.

Who draws up the report of being late for work?

In general, acts of violation of labor discipline are usually drawn up by witnesses to the incident. According to the generally accepted rule, there must be at least three drafters of the act, and at least one of these people must be an official, in other words, a boss, i.e. an employee who performs administrative and managerial functions in a team. In the case of an act of late work, this may be immediate superior a delinquent employee who eventually became fed up with the constant tardiness and decided to do something about it. It is very good to invite the head of the human resources department to draw up an act: he will make sure that all the rights of both the employee and the employer are respected. The third may be a colleague of the latecomer who works with him in the same department.

It’s a big mistake to start an act of being late for work with the words “The commission consisting of...”. The employees listed in the previous paragraph are not a commission. A commission is a collegial body that is created specifically, for example, by order for its main activities. If there is no commission, then it turns out that the act is drawn up by a non-existent body, and because of this it can be challenged.

If the company has a specially created Labor Discipline Commission, then there are no questions: the act will begin with the words “The Labor Discipline Commission consisting of...”.

Thus, the act should begin with the words “We, the undersigned...., have drawn up this act that...”.

When to file a report about being late for work?

The starting hour of the working day is fixed in the internal labor regulations of the organization. For example, it is 9 o'clock in the morning. To draw up an act of being late for work, its drafters must wait for the late worker at his workplace. The act will be written only after the employee appears. Of course, this only works with those who are not much late: 5, 10, 20 minutes... If a person disappears for a couple of hours, it is compiled, and this is a little different.

According to the norms labor legislation Russian Federation, being late for work is considered a violation of labor discipline. After successful completion interviews, an employment agreement is concluded between the potential employee and the employer, which clearly establishes the schedule of his working hours. In addition to the service contract, the HR department provides the new employee with internal regulations labor regime, which he studies and signs. Accordingly, he thereby agrees to fulfill them.

In what cases is it necessary to draw up an act?

Act of being late for workplace - a document that is drawn up by several persons, proving the fact of a violation. In accordance with the provisions of the regulatory legal acts of the Russian Federation, in case of untimely attendance at work, authorized persons have the right to issue a report of lateness, regardless of the reasons for the lateness. Only after completing the relevant document, the employee writes upon being late.

It is important to know...

A report of being late for work is drawn up if the worker’s absence at the time established for work lasted from 1 minute to 4 hours. Absence of more than 4 hours is no longer considered late, but absenteeism.

As already noted, drawing up such a protocol entails disciplinary punishment, which can be expressed in the form of a reprimand, reprimand, or even dismissal. Drawing up an act of lateness of an employee to his workplace is only the first stage in documentation labor violation.

Who draws up the document?

In almost all large companies, the HR department has a specialist who is responsible for recording working hours. His direct responsibilities include recording the time of workers’ arrival at their workplaces and the time of their departure home.

Relevant persons may be:

• head of HR department;
• security service representative;
• administrator of a particular structural unit;
• secretary.

By generally accepted rules, the fact of being late for work is recorded by witnesses to the incident. However, there must be at least three drafters of the document, and one of them must be an official, that is, an employee performing administrative and managerial duties in the team. It is considered a great advantage if the head of the HR department is present when drawing up a report of being late for work, as he will ensure that all the rights of the offending employee and the employer are respected.

Requirements for the act

Features of the act of being late for work:

• The legislator does not provide a unified template for the corresponding document. Therefore, if an employee is late for work, you can draw up a report in free form. The organization also has the right to develop its own document template that will be used in such situations;
• despite the absence of a unified template, any protocol must have a certain structure: header (beginning of the document), main part and final part;
• the act of being late to the workplace must necessarily contain the signatures of the drafters and the employee who violated the organization’s charter and labor discipline rules.

It is preferable to draw up a protocol on an A4 sheet or on the institution’s letterhead. Printing the act is allowed both on a computer (with subsequent printing) and by hand. The protocol must be drawn up in two copies, similar in content and equivalent in legislative law. One copy remains with the employer, the second - with the late employee.

The delay process is formalized as follows:

• a document is drawn up confirming the fact that the employee is late;
• the late employee writes an explanatory note, which should contain information regarding the reasons for the offense;
• The explanatory report may be supplemented with supporting documentation. The evidence base certifying the presence of a valid reason for being late can be a certificate from the Housing Office department about the accident, a sick leave certificate, a certificate from the traffic police, any other certified medical document, a transport ticket with a note about the delay of the flight, a summons to a judicial institution, etc.;
• the head of the organization gets acquainted with the memo and makes a decision regarding the disciplinary punishment of the employee. If the employer decides that the circumstances of the delay are compelling, the employee will avoid any sanctions;
• if an employee is subject to disciplinary punishment, the director of the company issues , which indicates penalties for being late for work. Within 3 days unscrupulous employee acquainted with the relevant act, on which his signature must be present.

It was previously noted that the act of an employee being late to his workplace should consist of three parts: the header, the main part and the conclusion. In the header of the document, you must indicate the full name of the organization, the date of execution of the act and the place of registration of the company.

The main part consists of:

• details official, which constitutes the act;
• details of witnesses;
• personal data of the violator of the labor regulations;
• record the time at which the offender arrived at work. It is also necessary to note exactly how late the employee was (in hours and minutes).

If necessary, the act can be supplemented with information, depending on the specific circumstances, for example, the offender behaved inappropriately.

Consequences of drawing up an act of being late for work

After the final registration of the employee’s lateness report, the document is transferred to the personnel department, filed with the employee’s personal file and stored for the entire duration of the employment contract. After the person leaves the organization in respect of whom a violation report has been drawn up, the document is transferred to the archive department of the enterprise.

Important! If a valid reason for being late is subsequently proven or the employee is somehow rehabilitated, then, at the employer’s discretion, the report on violations of labor discipline may be removed from the employee’s personal file.

Being late for work is one of the most common violations committed by employees. Some organizations turn a blind eye to minor delays as long as the work gets done. In others, being late is fraught with reprimands from superiors and various punishments. How serious is this offense, what threat can it pose to the employee: let’s consider these issues from the point of view of labor legislation.

Let's start with the fact that in the Labor Code there is no concept of “lateness” at all. The law considers the situation as a whole and operates with the concepts of “work and rest schedule”, “internal labor regulations”, “labor discipline”. Indeed, why somehow highlight being late for work, because it is essentially no different from leaving early, and not only at the end of the working day, but also, for example, during a lunch break?

In addition, the very concept of “work” is quite vague, because you can pass through the checkpoint in a timely manner, and then be in the smoking room, instead of performing your job duties by the sweat of your brow.

So, according to the Labor Code, the absence of an employee without a good reason from the workplace and at the time established by the internal labor regulations, legal orders and instructions of the manager, the employment contract - in any case, is a violation of labor discipline: whether it is lateness, premature departure from work or an unauthorized “smoke break.” Punishments for violations are quite specific and there are only three of them: reprimand, reprimand, dismissal.

It should be immediately clear that the imposition of such disciplinary sanctions as reprimands and reprimands is entirely the prerogative of the head of the organization, and he has the right to apply them for any violations of labor discipline. The only thing that somewhat limits it is the last paragraph of Article 192 of the Labor Code, which reads:

“When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.”

Dismissal is an extreme measure, and therefore all the reasons for such punishment are clearly outlined in Article 81. In the context that interests us, we note paragraphs 5 and 6a of this article: an employee can be dismissed if he repeatedly fails to comply labor responsibilities without good reason (if he already has an outstanding disciplinary sanction) or in absence from work without good reason for more than four hours in a row. Let us clarify: any violation of labor discipline, even a minor one, is a failure to fulfill labor duties, and the term “repeated” applies not only to, for example, the tenth violation, but also to the second.

Let's sum up a short summary:

1. If an employee is more than 4 hours late and cannot document that this happened for a good reason, then the employer has the right to fire him for absenteeism. Even if the employee is an athlete, Komsomol member and beauty and has never allowed anything like this before.
2. If an employee is late for up to 4 hours and this happened for the first time, then he faces punishment in the form of a reprimand or reprimand. For being five minutes late, issuing a reprimand is unlikely to be appropriate, but options are also possible here (for example, we could be talking about working on an assembly line at a car assembly plant, where every minute of downtime leads to thousands of losses).
3. If an employee is late within a year after he has already been punished with a reprimand or reprimand (for any violation), and the previous penalty was not lifted by a special order, then he falls under the clause on repeated failure to fulfill labor duties and theoretically can be completely legally dismissed .
4. The listed punishments, generally speaking, are possible, but not obligatory, since, we repeat, the imposition of one or another penalty is still a right, and not an obligation, of a manager. For a good leader, it is much more important to instill discipline in already proven and perhaps not the worst employees than to “wave a saber”, increasing staff turnover and destroying an established team.
5. Taking advantage of the emerging opportunity to “execute or pardon” when employees are late, some managers invent various “educational” measures: fines, detentions, etc. It is difficult to say anything definite about this: each specific case must be considered. On the one hand, any other punishments other than those listed in the labor code are prohibited and in some cases can be easily challenged in court. But on the other hand, a smart manager can do everything completely legally: for example, fines may turn out to be a regular reduction in bonuses by one amount or another, work hours may be justified by an employment contract with a clause on long working hours, etc. The most important thing is to understand the essence: an employee who violates labor discipline puts himself in a disadvantageous and dependent position.

Registration of collection

Be that as it may, the most logical and, as a result, the most common punishment for being late is a reprimand. Let's look at the subtleties of this procedure, as specified by law.

Firstly. the fact of being late must be documented. The document may be a report from immediate supervisor late worker, timekeeper or other specially appointed person exercising control. The form of such a report is quite arbitrary, the main thing is that it reflects the fact: such and such an employee was absent from the workplace for such and such a time, from start to finish.

Secondly. Before imposing a penalty, the employee must be required to provide written explanations about the reasons for the violation.

Even if this time everything goes well without collection, the report and explanatory notes must be submitted and properly executed: dates, signatures. If the employee turns out to be a habitual violator, then in the future these documents may serve as grounds for the application of more severe penalties.

If a late employee refuses to write an explanation, then it is necessary to draw up a corresponding act signed by the manager and two witnesses.

Third. if the manager has decided to impose a penalty, then he must formalize it by order of the organization.

In general, a penalty must be imposed within a month after the commission of the offense (in this case, being late); after this period, it will no longer be possible to issue a reprimand or reprimand. If the employee goes on vacation or sick leave, the period can be increased to 6 months.

The order must be delivered to the employee against signature within three days after issuance. If the employee refuses to sign the order, then it is also necessary to draw up a report about this.

A reprimand or reprimand is considered valid for one year from the date of issuance of the order, after which it is automatically considered cancelled. The manager can remove the penalty ahead of schedule, for which he must issue a corresponding new order.

By labor code being late for work is a violation of labor discipline. When applying for a job, an employee enters into an employment contract with the employer, which defines his working time schedule. In addition to the employment agreement, employee gets acquainted, signs and, accordingly, must comply with the internal labor regulations. Violation of labor discipline entails punishment, according to Article 192 of the Labor Code of the Russian Federation.

What is considered late for work and how to register it

Employee absence from work set time up to 4 hours is considered late, regardless of when this absence occurs - at the beginning, in the middle or at the end work shift. Even if the absence lasted 5 minutes, this is already considered a violation of work discipline. An employee's absence from the workplace for more than 4 hours per shift is considered absenteeism.

In order for employees to maintain discipline, the process of being late cannot be left to chance. Each case of arriving at work later than the established time must be recorded, documented and resolved accordingly. Only in this way will employees understand the seriousness of the situation with delays.

Member being late labor collective back to the beginning production process should be formatted as follows:

Disciplinary measures for lateness

Arriving at work later than the established time is considered disciplinary offense, and, accordingly, punishment for being late for work can only be disciplinary. Can you be fired for being late? Quite, but the punishment must correspond to the gravity of the offense. These measures include:

1. Giving the offending employee a reprimand. This measure is considered the easiest and is applied for the first violation.
2. Reprimanding the offender. This type penalties are applied when an employee is repeatedly late for work.
3. Dismissal of an employee from the company's staff. An extreme disciplinary measure is applied when an employee is regularly, unreasonably, long late for the start of the production process. Employees who are frivolous about their work schedule should know that gross violations, including being late, can result in dismissal. The employer makes the decision to dismiss an employee personally. He has such a right, but not an obligation.

The law establishes that only one penalty is applied for one violation. It is prohibited to apply different types of punishment for one violation.

Disciplinary action must be applied to the violator within a month, but no later than six months. This period does not include the time the employee is absent from the workplace due to illness, vacation or other reasons.

If during the year the employee has no other cases of violation, then the defamatory fact is deleted from any records. The employee is considered to have no penalties at all.

Despite the seriousness of the offense, the head of the enterprise does not have the right to collect a fine for violation, including for being late. This provision is regulated by the Labor Code of the Russian Federation. Hold Money violates the employment contract and employee rights. For applying this penalty, the head of the organization may face administrative punishment.

If every case of lateness for work by members of the work collective is recorded, investigated, suppressed and punished, then there will be no problems with the observance of labor discipline in this organization. Drawing up various kinds of documents and acts is necessary if a conflict between the parties is submitted for trial to the labor inspectorate or court.

Employees are required not only to perform functional duties, but also to observe labor discipline, including adhering to working hours: coming and leaving at set hours.

Who monitors staff working hours?

The order is approved local acts budgetary organization and is duplicated in the employment contract. Monitoring its compliance is entrusted to a specialist in working time recording - a timekeeper. There is a multi-stage system: the primary time sheet is filled out by the immediate head of the department, then the data is transferred to the personnel department. Secretary or security guard - alternative options accountants.

Today, many budget organizations install a system electronic fixation arrival and departure of staff. This data is automatically transmitted to the HR department. As a rule, an electronic turnstile is additionally equipped with a video surveillance system.

When you can not draw up a report about being late for work

In budgetary organizations where automatic accounting systems are installed, Regulations have been developed that stipulate that the data electronic systems are irrefutable evidence Violations of labor discipline, therefore, can be required from the employee. In this case, there is no need to draw up a report - the proof of the employer’s position will be an automatically generated report and video recording.

But if records are kept by people, then recording them in a written document is necessary.

The employee must be familiar with the procedure for recording a violation of the PVTR before employment. And when bringing him to disciplinary liability, follow the procedure established by Art. 193 Labor Code of the Russian Federation.

Features of drawing up an act of being late for work

The document is drawn up in writing by the accountant in the presence of two witnesses in order to exclude in the future a situation where the employee accuses everyone of slander and, through the labor commission or court, cancels the imposed disciplinary measure.

Is an act necessary if you are late for work if the employee does not deny this fact? Yes I need it. Because now he agrees, but tomorrow he will deny the fact of violation of labor discipline, and if his offense was not recorded in a timely manner, the employer will not prove anything and will not take disciplinary measures.

Registration requirements

The document is drawn up in any form, although for convenience and prompt execution some budgetary organizations publish “forms”, in the empty columns of which current information is entered. If there is no such form, then use the following algorithm:

• fill out the header;
• record the date and time;
• formulate the basic facts: Full name. employee, his position and working hours according to employment contract, time of delay;
• signatures of witnesses, originator and employee.

For simplicity, you can download a sample report of being late for work, which we offer below.

The question often arises: what to do if an employee refuses to sign? An appropriate mark is made on the document itself or a separate document is drawn up. It would be a good idea to carry out the procedure where there is video recording, about which the staff have been warned.