Can you be fired for being late? Does the right of the employer to discipline employees? And whether traffic jams valid reason for being late? The dismissal of an employee for systematic delays in the work of the Labour code is not provided. However, the work schedule of employees and other issues related to labour discipline, regulate the internal documents of the company Rules and labor contract, which, one way or another, refer to TC. Therefore, if the employee was guilty, punish him not to avoid.
Usually the delays are equal to the category of disciplinary matters, the extreme measure which is dismissal. But the employer has no right to refuse the employee if he came to the office on time only once. However, the employee may stay on the job no more than two times, for on the third runs the risk of being fired.
The procedure for the dismissal
To dismiss "pozdena", like recruiters to call employees are not accustomed to rise early, there is the following procedure. Doesn't matter, you stayed on for 10 minutes or an hour and a half, if you are asked to write an explanatory note, alert and try not to be late.
So, after the first delay, the employee shall be issued a written warning or note, signed by the Director. If the situation persists, the employee again writes a letter of explanation, then it is waiting for a reprimand from his superiors. When an employee is late for the third time, the employer has the right to dismiss him.
To get rid of an employee for being late in General it is easy, although if you were late to work no fault of their own, and had some good reason, that the truth is on your side and dismissal does not threaten you.
Good cause
The labour code does not contain the list of reasons for being late for work, can go to workers with hands. Possible reasons for a delay sometimes recorded in the internal Regulations of the company, however, the term "good reason" is very vague. Traffic jams, break the pipe, and a hitch in the operation of public transport is valid for many employers are not considered. However, if you are able to provide to the explanatory note, a supporting document proving that you stayed not his fault, perhaps, the employer will not make a warning or reprimand.
Supporting documents may include: help with a railway station on the delay of trains, hospital or even your photo on the background spewing the filth of the sewer pipe. And if you still decide to dismiss, these documents will help in court to appeal the decision of the employer.
Can, but should not
If you can't support explanatory supporting documents, to decide respectful if the reason of your delay in operation or not, is entitled only to the employer. If he is not inclined to believe the staff at the word or believes the reason for the delay given in the explanatory note, empty excuses, the failure mode can be terminated by dismissal.
Interestingly, the employer has the right to fire me for being late, but not required. So if you have developed a trusting relationship with your boss and you do the work in full, without tearing an important transaction and not being late for a business meeting, by mutual agreement, the chief may meet you and soften your schedule. But note, he is not obliged to do it, only if you see fit!
A slightly different situation is with companies that are engaged in public service or in heavy production. Sometimes how I got to work, the doctor may depend on a person's life. Or due to late for the captain of the ship may be waived for international flight. Or engineer in a traffic jam, can stop factory, suffering serious losses. Examples can be mass.
Is it legal to penalize employees for being late?
The concept of "penalty" in the Labour code does not exist. Even if the employment contract governing the relationship of employer and employee, there is an option to collect from the employee's cash for being late, it is not legitimate, because it contradicts the law. The delay is a disciplinary offence for which the employer is entitled to dismiss an employee, after having made a warning and reprimand. But if the employer punishes late ruble, then he risks himself to be fined and brought to administrative responsibility.
Source:
Wday.ru
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