If an employee is systematically late for work, this act can be attributed to a violation of production discipline and untimely performance of work duties. The employer has the right to terminate the employment relationship unilaterally by applying article 81 of the Labor Code of the Russian Federation, but for this, all delays must be documented.
It is necessary
- - the act of being late;
- - written explanation;
- - act of refusal to give a written explanation and sign the submitted act;
- - written punishment with disciplinary sanction.
Instructions
Step 1
It is impossible to fire an unwanted employee for a one-time delay. The labor inspectorate or the court will consider this a gross violation, will bring the employer to administrative responsibility and forcibly force the illegally dismissed employee to be reinstated at the workplace, to pay for his forced absenteeism. Correctly executed multiple delays allow the employer to apply Article 81 of the Labor Code of the Russian Federation.
Step 2
To register delays correctly, each time collect an administrative commission from the administrative staff of the enterprise. Draw up an act in which you indicate how much time the employee was late again. All members of the commission are required to sign the drawn up act.
Step 3
Introduce the completed act to the employee against receipt. Ask for a written explanation of the reason for being late. If the latecomer does not sign the act and is not going to explain anything in writing, draw up a second act of refusal.
Step 4
Next, write a written reprimand with punishment or penalty. As a penalty, you have the right to deny the offender a bonus, incentive, or reward. Read the employee's written reprimand against receipt. If you refuse, issue another act.
Step 5
Use the same method to file a repeated violation. Two disciplinary sanctions give the employer the right to terminate the employment relationship unilaterally. If you have drawn up all the violations correctly and there is documentary evidence that they have been committed repeatedly, neither the court nor the labor inspectorate will be able to consider the termination of employment illegal.
Step 6
Legal termination of employment unilaterally does not give the employee the right to recover in the workplace and receive compensation for forced absenteeism. However, upon termination of employment, you are required to pay all due amounts and pay compensation for all days of unused vacation.
