List of fines at work. Positive disciplinary policy in a restaurant

Like salary deduction. The Labor Code (Article 192) clearly defines the types of penalties applicable to employees for various disciplinary offenses (absenteeism, being in a state of disrepair at the workplace). alcohol intoxication and so on.):

The employer has no right to fine employees, regardless of the severity of the offense.

Thus, the very fact of the fine and the accompanying documentation (an order for the enterprise to recover funds) are illegal. In fact, deduction from fine amounts is equivalent to. For this, the employer can be held liable under Art. 5.27 Code of Administrative Offences. If his guilt is confirmed, the employer will have to pay:

• for the first violation - from 1 to 5 thousand rubles. - for individual entrepreneurs or officials, from 30 to 50 thousand rubles. - for legal entities;
• if repeated - from 10 to 20 thousand rubles. and from 50 to 70 thousand rubles. respectively.

If illegal detention part of the employee’s salary is paid for 3 consecutive months, he will answer according to Art. 145.1 Criminal Code.

In this case, he faces a considerable fine (up to 500 thousand rubles according to recent amendments), forced labor or even imprisonment for up to 12 months.

The most severe measures await the employer if it is proven that his actions caused serious consequences for the fined employee. For example, he committed suicide or acquired a serious illness. But in this case, it is necessary to prove the cause-and-effect relationship between the fine and its consequences.

Options for circumventing the law by employers

Employers who practice a fine system are well aware that how legal document any order to impose a fine on an employee is illegal.

Therefore, deductions from wages can be formalized as follows:

• deduction of the amount material damage allegedly caused by an employee;
• or part thereof (with piecework-bonus payment).

In the first case, the employee is charged with compensation for damage caused to the company, even if he himself does not consider himself guilty.

Let's look at an example:

During the work shift of the video surveillance system operator Ivanov, the fan of the computer, which is the property of the company, burned out. The employer drew up and provided him with the following order against signature:

No. 145 dated May 28, 2016 Moscow

on deduction of the amount of material damage from wages

1. To compensate for material damage (replacement of a fan on a computer, inventory No. 348583), deduct from the salary of the video surveillance system operator S.N. Ivanov in the amount of __________ rubles.

2. Accountant K.A. Mikhailova to deduct from wages for June 2016.

Director O.N. Pavlov

Executor: accountant K.A. Mikhailova.

But even in this case, the document will exist if Ivanov did not sign it when he was hired.

Even if such an agreement exists, in order to recover the amount of material damage from the employee, you must first confirm the dependence of the fact of losses on his actions.

In Ivanov’s case, this should be an examination service center.

Another way to “legalize” a fine is to register it for a particular offense.

Let's look at specific example:

Employee HR department Petrova, having warned her colleague, left workplace take a few minutes to answer phone call. The boss noticed this and decided to punish the woman with a ruble, issuing an order to deprive her of bonuses:

No. 58 dated May 22, 2016 Nizhny Novgorod

About depreciation

I ORDER

1. Punish Maria Yuryevna Petrova, a specialist in the HR department, by depriving her of her bonus for May 2016 in the amount of 50%.

2. Ground: act of absence of Petrova M.Yu. at the workplace from 05/21/2016.

Director: Alexandrov O.O.

Chief Accountant: Sidorova P.D.

The order has been reviewed by: Petrova M.Yu.

The deduction will be considered legal only if Petrova’s employment contract states that the bonus is a variable part of Petrova’s salary (the “naked” rate is considered fixed). If the contract states that wage If an employee consists of a salary and a bonus, then the bonus is a permanent part of earnings and, therefore, cannot be taken away.

Where to look for justice?

To fine or not to fine employees for disciplinary violations?

The author of the article is Alexander Vladimirovich Musatov, co-owner and Executive Director RESTTEAM company (Moscow - St. Petersburg - Kyiv). Graduated in 2000 international courses managers of Restaurants Managements Essentials Workshop (Carlson Restaurant Worldwide), in 2005 - All-Russian Academy of Foreign Trade (specialty - strategic marketing). Started his career in the restaurant business in 1998; in five years he went from a bartender to a restaurant manager for 200 seats; since 2001 - internal trainer of the Rosinter company; since 2003 - program curator training center; since 2005 - headed the "Restaurant" direction of the SERVICEMAN company. Author of programs for restaurant business managers “Restaurant Marketing”, “Restaurant Management”, “Kitchen Management”, “Bar Management”, etc. Conducted more than 250 training programs for restaurant business managers.

International training and consulting company RESTTEAM has been specializing in training staff of restaurants and hotels for more than five years (more than 10 thousand workers have been trained largest companies of this profile from the CIS countries). The company's clients are restaurateurs from Russia, Ukraine, Belarus, Kazakhstan and the Baltic countries.

“To fine or not to fine employees for disciplinary violations?” In my opinion, this is a rather painful issue for any company. Some managers, without hesitation, answer: “Of course, fine!” But practice shows that precisely where the relationship between a boss and a subordinate is based on fear, the percentage of staff turnover is especially high, and the level labor discipline, on the contrary, leaves much to be desired.

One day, the director of a restaurant asked a question that puzzled me: “We have a system of fines. One of the employees had already run out of salary in the middle of the month. He has nothing to pay fines for being late, smoking in in the wrong place, constant swearing... How else can you punish him? Just fire me?" I wanted to jokingly advise my strict boss to “keep up with the times”: to hold a campaign “Two violations for the price of one!” Only today!" and start lending to employees to pay fines... But he was too serious.

In the HoReCa segment, the vast majority of owners and top managers manage personnel based on fear of punishment. However, judging by the number of “recurrences” of rule violations, the effectiveness of the disciplinary policy is quite low. In particular, because the money returned to the company in the form of fines (and in fact, “saved” on wages) is not used to correct the situation, but:

1) into the pocket of the owner/top manager;

2) “for office needs”;

3) on incentive bonuses"best employees"

Is there an alternative to fines in our industry? Of course, there is a “positive” disciplinary policy! This is not a utopia: fortunately, many company leaders believe in rewarding good behavior rather than punishing inappropriate behavior. Moreover, these establishments are thriving: both managers and line managers feel comfortable working among motivated, loyal employees, and violators do not try to pay off “strict supervisors,” since they are encouraged to change their behavior.

Dear managers, before introducing (any) sanctions, answer the question: what do you want to achieve from the staff? Fear and hatred or work enthusiasm combined with a clear performance discipline? In order for employees to stop “violating”, you need to:

1. Establish clear and reasonable rules that help to properly organize the work process and get good results.

2. Clearly formulate rules of conduct, job descriptions, service standards and work regulations.

3. Ensure that all employees comply with the rules (this is especially for managers: do not break the rules that you yourself have set!).

4. Be patient: people are not machines; re-education takes time.

What do you need to do to develop and implement a “positive” disciplinary policy in your company? To begin with, define the basic concepts.

A disciplinary policy is a set of rules that set out the basic requirements for employee behavior in an organization. Violation of the rules negatively affects the activities of the establishment, worsens its reputation in the eyes of guests and partners, therefore all employees of this organization must comply with them - during the working day, as well as while on the premises (on the territory) of the company outside work time.

In the “Regulations on Disciplinary Policy”:

• establishes rules and standards for expected/acceptable behavior from employees;
• unacceptable types of behavior are described (misconduct, violations, etc.);
• the legal, administrative and financial consequences of violations of rules and requirements are determined.

In the field Catering The company's disciplinary rules are established taking into account the requirements:

• legislation of Ukraine (LLC, Criminal, Administrative, Civil, Procedural codes and etc.);
• safety and fire safety regulations;
• sanitary rules and regulations;
• internal daily routine;
• employment contract;
• job descriptions and others internal regulations companies;
• internal standards of employee behavior (good manners, cultural level, etc.).

This document should include sections:

• “Disciplinary rules” (collection of all standards and norms of behavior of employees in the company);
• “Disciplinary practices” (this describes the procedures taken by managers in the event of violation of discipline and other reprehensible actions).

"Disciplinary Rules". Here you should describe all types of undesirable actions, forms of behavior, etc. It is especially necessary to highlight serious violations disciplines:

• theft (acquisition of property, consumption of food intended for sale) material assets and property of the company, guests, colleagues;
• gross violation of cash discipline;
• preparing dishes and drinks ordered by the client without registration accompanying documents(service check);
• customer service and settlement without registration financial documents(pre-check and fiscal check);
• incorrect payment by the client (incorrectly drawn up check, lack of change, etc.);
• employee use in personal purposes discount cards (“ bonus card", "manager card", etc.);
• unacceptable behavior towards guests (obscene language, indecent gestures, conflict, harsh statements about them appearance, behavior, physical disabilities, etc.);
• absence from work for four hours without a valid reason, advance notice manager, provision of documents (certificate, sick leave, etc.);
• consumption in the workplace during working hours alcoholic drinks and/or drugs;
• being at the workplace during working hours in a state of alcohol and/or drug intoxication;
• committing an act of a criminal nature in the workplace that entails criminal liability.

In these cases, the employment contract with the employee is terminated, and, if necessary, the company contacts law enforcement agencies.

• detection of surplus/shortage (certain amount);
• use of obscene language in relationships with colleagues (in the workplace);
• being late for work or being absent from the workplace for less than four hours without notifying the immediate supervisor, without a valid reason, without providing a supporting document;
• damage to company property;
• smoking during working hours on the territory of the enterprise (outside specially designated areas) without the permission of the immediate supervisor;
• conversations on mobile phone at the workplace (on personal topics);
• consuming food/drinks at the enterprise during working hours without the permission of the immediate supervisor;
• chewing gum in the workplace during working hours;
• communication on personal issues with by strangers during working hours at the workplace;
• visiting a restaurant by an employee in non-working hours as a guest (does not apply to the position of manager);
• violation of the establishment’s operating hours (untimely closing/opening) without the consent of immediate supervisor;
• placing an order by the guest's cashier without a pre-check (according to the waiter);
• violation of food and drink preparation technology and customer service standards.

It is worthwhile to dwell on a “hot” topic - employee tardiness. Where are the limits of what is “acceptable”? Where does the offense “start”: five, ten, fifteen minutes late? Where in the chart is the “critical” minute indicated, starting from which the manager records the fact of a violation? And why indicate in the schedule “start of shift - 9.00” if the employee is not needed at the workplace at this time?

From my point of view, if a work shift starts at 9.00, it means that it is at this time that the employee should stand in front of the manager, already in overalls, ready to perform his duties. That is, you need to come to work 10-15 minutes earlier in order to have time to change clothes and prepare to perform your duties. In many companies, this provision is accepted as a rule: “If you come to work 15 minutes before the start of your shift, you came on time. If it’s minute by minute, I’m already late.” Lateness in the restaurant business is unacceptable, because a guest can arrive at any minute, including during the first minute of the establishment’s opening.

To ensure the objectivity and fairness of the application of the disciplinary policy, each violation is described in detail (time, place and circumstances). For this, we use a specially designed form (see appendix). The employee and his supervisor must sign the form (or indicate the reason for refusing to sign it). This is important in order to protect the company from possible appeal employee to court in case of disagreement with decisions taken(for example, dismissal).

"Disciplinary Practice". Before introducing new disciplinary rules into force by order of an enterprise, it is necessary to think through in detail and describe the procedures for responding in the event of violations.

Disciplinary Procedures- is an internal mechanism for applying disciplinary rules and implementing disciplinary measures. At the same time, the main task of managers is to help employees find their place in the company and show high performance - with unconditional compliance with disciplinary rules.

Next, you need to describe all used disciplinary procedures and establish a “statute of limitations” for violations. For less serious disciplinary violations (the commission of which does not entail termination of the employment contract), we recommend establishing:

• The statute of limitations for each violation is 12 months.
• The “cumulative” nature of assessing the severity of offenses - with each new violation, when deciding on punishment, all violations committed over the last 365 calendar days are taken into account.

How it works? For example, if an employee was late for work on January 1, 2010, and committed the next similar violation on January 2, 2011, he is credited with... one violation. The previous violation “burned out” (after the statute of limitations expired).

On the other hand, if during one working day an employee: 1) was late, 2) went out to smoke without asking, 3) swore, 4) talked on the phone at work and 5) chewed chewing gum- he will have to be fired. Of course, according to most managers, it is better to fine for “minor” violations (even if there are many of them). But I believe that “ruble punishment” - deducting fines from salaries does not lead to a reduction in the number of violations, but only demotivates staff!

The disciplinary policy “does not work” if the manager:

• “turns a blind eye” to employee violations;
• selectively records violations;
• does not follow the rules established by the disciplinary policy.

In the eyes of employees, a fine is a kind of “payment” for violations, so a manager “trading” the rules does not look the best. And for an unscrupulous employee who does not want to follow the rules, the fine system is very convenient: “Did I break it? How much should I owe: 50, 100, 150 UAH? No problem - take the money, just leave me alone! 1000 UAH? Sorry, it’s not profitable for me to work in such a company... Goodbye!”

What have we achieved with fines? The employee did not correct the unwanted behavior: while he was paying, he continued to violate, and when he “exceeded the limit,” he simply quit...

Response system for disciplinary violations should include different measures. The choice of a specific method of influencing an employee is determined depending on the severity violations committed and their total number. For each subsequent violation, a specific procedure is provided (in our case there are only five). At each stage of the disciplinary process, the manager, together with the employee:

• discuss the reasons for the violation;
• clarify total violations and stage of the disciplinary process;
• develop a program to eliminate violations.

If during calendar year(365 days) the employee has committed five or more disciplinary violations, the company terminates the employment relationship with him.

A very effective tool for dealing with offenders is disciplinary interview. This is not a “tearing conversation”, which does not lead to “correction” of employees, but reduces the authority of the manager. Exhortation and “re-education” of adults in general is a thankless task: everything that could be done has already been done in kindergarten and at school... There is no need to remind the employee that his violation affected the fate of the company - believe me, an adequate person understands this himself.

It is much more effective to take the position of a boss: “I don’t scold anyone (and, moreover, I don’t insult). I am really sincerely sorry that you were caught in a traffic jam and therefore could not come to work on time. But there are rules that must be followed. In our company this is the law. If the rules are violated, you and I, unfortunately, will have to part ways.” Let the employee decide for himself whether he needs a job under such conditions or not. If he cannot organize his life and control his behavior so as not to break the rules (the same for everyone, which is very important!), this is not your employee. By firing him, the company will not lose anything; moreover, it will improve working conditions for the disciplined majority.

Disciplinary interview is very important tool in the hands of the restaurant manager. It allows, on the one hand, to identify the causes of the violation, on the other hand, together with the offending employee, find a way to prevent this from happening in the future. An interview is conducted after each case disciplinary violation, its results are recorded by the immediate supervisor in special form(see Attachment).

The structure of the disciplinary interview determines the manager’s action algorithm:

1) record the fact of violation;

2) invite an employee for a conversation;

3) establish the fact of violation (specify point Disciplinary Rules which he violated);

4) remind about the consequences of non-compliance with the rules;

5) listen to the employee’s explanations, identify the reason for the violation;

6) receive a written explanation from the employee;

7) explain to the employee what stage of the disciplinary process he is at (taking into account the number of violations committed over the last 365 days);

8) discuss what exactly the person plans to change in his work, what help may be needed to ensure that violations do not occur in the future;

9) summarize the conversation by listing the agreements reached;

10) end the conversation with parting words to the employee, expressing the hope that such disciplinary violations will not happen again.

It is very important that the manager fill out a form recording a disciplinary violation directly during the conversation. Under no circumstances should this procedure be left “for later”! A person must see this, otherwise he will come to the conclusion that issues of discipline in the company are of secondary importance (which means he will try to pity the manager or manipulate him).

If during the interview it turns out that the reason for the employee’s violation of his job responsibilities and/or standards of operation of the enterprise - lack of knowledge or skills, which means that it is necessary to provide him with additional training. In this case, the manager fills out the interview form and provides the required amount of training (seminar, training, etc.). But to the personnel service for adoption administrative decision the form has not yet been transferred (stored in personal file employee). Progress on the document is given only if repeat violation- after carrying out the necessary training.

Very an important condition the success of the new disciplinary policy is informing employees restaurant. Managers must convey to each person that:

• everyone is obliged to comply with the rules adopted by the company;
• If they are violated, punishment will inevitably follow.

On general meeting team manager must announce that the restaurant will no longer have deductions from wages. People come to work to perform their duties efficiently, and not to “buy” themselves the right to treat them negligently. Then he can invite each employee to answer the question: is he ready to work according to the new rules?

The abandonment of a fine system in favor of a disciplinary policy, like any change, may initially cause dissatisfaction. The manager’s firmness in this matter will only increase his authority in the team.

People react differently to such innovations. Table 1 shows several types of response and, accordingly, manager behavior.

Let's summarize. Having compared the pros and cons of two approaches to ensuring order in a company: a system of fines and a disciplinary policy (see Table 2), we will be convinced of the advantage of a positive disciplinary policy.

Correct disciplinary practice is a constructive, fair way to solve problems that arise. Positive discipline management can improve productivity and team morale. To do this, it is necessary simultaneously with disciplinary rules introduce training programs, internal consulting, mentoring. Only then can we say that personnel management in a restaurant is carried out systematically and consistently, and on the basis of fairness and respect for people. Over time, a positive disciplinary policy should become part of the company's corporate culture.

Table 1. Manager's work with different types employee attitudes to change

1. Position of employees - All these are just empty words, in practice the situation will not change

Manager's position - Changes accepted by management are inevitable. They will be realized in any case - either with these people or with others

2. Position of employees - We are not ready for changes, for accepting responsibility

Manager position - Before specific date Each team member has the opportunity to discuss all emerging issues with managers

3. Employees’ position - We have doubts whether we can cope with the work in the new conditions

Manager's position - Anxiety and doubt are a normal reaction to change; managers are open to discussing training events

4. Position of the employees - We will accept the new rules of the game, we are ready to provide the manager with help and support if they stop fining us

Manager's position - Managers count on such employees; they are sure that they will be the majority

The path to building positive relationships between a restaurant manager and restaurant employees is certainly not an easy one. The first step on this path is for managers to overcome their own misconceptions (that fines help improve discipline) and improve the quality of management. Workers in industries where profitability largely depends on “ human factor", must not show negligence, and managers do not have the right to give them the opportunity to "buy off" from failure to fulfill their duties. Examples of restaurants that enjoy a well-deserved reputation confirm this. They pursue a positive disciplinary policy.

I wish you success and disciplined employees!

“HR MANAGER” No. 1 / 2011

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Fines for employee misconduct

Among the tools used by employers to influence workers, so-called systems of fines for various offenses have begun to gain some popularity. Norms labor legislation the possibility of the employer applying “fines” to employees is not provided for, but other measures are allowed, the types and procedure for using which will be discussed further.

"Fines" and the legality of their application

The employer, represented by the head of the organization, has the right to both reward an employee for professional achievements and labor results, and to punish for failure to perform or improper performance of job duties. Some employers make the mistake of imposing “fines” for various disorders committed by employees, considering their actions absolutely legal.

The most common violations in practice for which employers impose “fines” are lateness at the beginning of the working day and lunch break, early leaving work, absence from work for a time not exceeding three hours (absence from work for more than three hours is absenteeism), failure to complete assigned tasks on time, misuse means of communication (telephone, Internet), etc. individual organizations penalties are imposed for violations such as, for example, an employee’s clothing not matching the style accepted in the organization or in the prescribed form(dress code), disorder in the workplace, excessive communication with colleagues on personal issues not related to work, frequent smoking breaks.

Most of these violations relate to violations of labor discipline and are expressed in disobedience to established labor regulations and improper execution of their duties (Article 193 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code)) is neglect job description, internal rules labor regulations, orders from the management of the organization, various work regulations, etc. Violation of labor discipline may result in disciplinary liability. List of measures disciplinary action which an employer can apply to an employee are enshrined in law: reprimand, reprimand and dismissal (Part 1 of Article 198 of the Labor Code).

Another liability permitted by labor legislation - material - can be assigned to an employee only in strictly established by standards legislation cases and if available certain conditions(Part 1 of Article 400 of the Labor Code), in particular, if there is damage caused to the employer by the employee in the performance of official duties.

Thus, labor legislation gives the employer the right to subject employees to disciplinary and financial liability(clause 6 of article 12 of the Labor Code), as well as apply other measures of influence (for example, deprive of bonuses, rescheduling labor leave) (Part 4 of Article 198 of the Labor Code). In this case, the employer determines the extent of responsibility independently (Part 3 of Article 198 of the Labor Code).

A “fine” is essentially a material (property) liability of the employee and does not provide for mandatory presence damage caused. Meanwhile, labor legislation does not contain such a measure of influence. This type penalties are more typical for administrative and criminal legislation. At the same time, only specially authorized persons have the right to impose such a penalty. government bodies(their officials).

Consequently, the establishment in local regulatory legal acts“fines” as penalties not provided for by the Labor Code are illegal. Such a local regulatory legal act is declared invalid as it contains conditions that worsen the situation of workers in comparison with labor legislation (Part 2 of Article 7 of the Labor Code).

Not a fine, but deprivation of a bonus

In the opinion of enough large quantity managers, material motivation remains the most effective means personnel management. Typically, in organizations that use a system of “incentives and punishment in rubles”, employees are rewarded with special bonuses for high results, and for non-performance or improper execution responsibilities - they are deprived (they have their bonuses reduced).

As a rule, wages consist of the main part (salary) and additional incentive and compensatory payments. Additional payments are established by the employer on the basis of a collective agreement, agreement, other local regulatory legal acts and an employment contract (Part 1 of Article 63 of the Labor Code). The employer has the right to commit disciplinary offense deprive the employee of his bonus in whole or in part, change the time of labor leave and take other measures. It does not matter whether disciplinary measures were applied to the employee. The types and procedure for imposing these measures are determined by the internal labor regulations, collective agreement, agreement, and other local regulatory legal acts (Part 4 of Article 198 of the Labor Code). At the same time, the employer has the right to deprive (reduce the amount) of the employee’s bonus in any amount, but not exceeding 100%.

Consequently, instead of “fines” not allowed by the Labor Code, the employer can take measures to reduce the amount of the bonus paid if the conditions for its payment and reduction are provided for by the local regulatory legal acts of the organization or the employment contract concluded with the employee. For example, the employer has the right to establish in the local regulatory legal acts of the organization the specific grounds for which the employee is paid a bonus, and violations that serve as grounds for deprivation of the bonus or its reduction, as well as the size of the reduction. fine employee legitimacy bonus

Usually in collective agreement the grounds, size and frequency of payment of bonuses are determined. At the same time, in the internal labor regulations in the section “Responsibility for violations of labor discipline,” the employer may provide the grounds on which he has the right to reduce the amount of the bonus. The wording could be like this:

For violation of the internal labor regulations, the employer has the right to reduce the amount of the monthly bonus paid to the employee in following cases and sizes:

Absence from the workplace for less than three hours during the working day without good reason - up to 20%;

Late to work, as well as from a meal break for less than 30 minutes - up to 5%;

Late to work, as well as from a meal break for more than 30 minutes - up to 10%;

Inappropriate use of communication means (telephone, fax, Internet) - up to 5%.

However, let us recall that when using such a scheme, the employer has the right to deprive the employee of no more than 100% of the bonus. Such "sanctions" should not affect set size salary, since a reduction in salary at the initiative of the employer is considered as a change essential conditions labor and can only be carried out in compliance with the appropriate procedure with the consent of the employee and in connection with justified production, organizational or economic reasons (Art. 32 TK).

In addition, it should be emphasized that the employer has the right to deprive (reduce the amount) of the employee only of the bonus. The decrease (decrease) should not affect allowances and increases to official salary (tariff rate), which are not incentive measures, but are compensatory nature(for example, for the complexity and intensity of work, for working at night, etc.).

In order to avoid possible complaints or lawsuits by employees, the employer must clearly document all actions. First of all, this concerns the establishment of those rules that do not follow from the law, but at the discretion of the employer must be followed by the organization’s employees (for example, compliance with the dress code, a ban on eating in the workplace, etc.). Such rules should not worsen the employee’s position in comparison with the norms of labor legislation or contradict them.

Documentation of deprivation of an employee's bonus

The employer determines the procedure for depriving a bonus independently; for example, it may be similar to the procedure for applying a disciplinary sanction. To use this measure, the employer is recommended to follow the following procedures:

Document the fact of violation;

Request a written explanation from the violator or draw up an act of refusal to give explanations;

Issue an order or order for deprivation of the bonus.

Let's consider these actions using the example of an employee being late.

Act and memorandum

Labor legislation does not establish in what form the employer must record the facts of violations committed by the employee. In practice, this is most often formalized by the relevant act (sample 1).

Sample 1

DO "Slovo"

ACT 03/23/2011 N 1

About being late for work

1. Head of department technical support M.A. Gaikin.

2. Head of HR Department L.L. Sadovskaya.

3. Department legal adviser legal work D.R. Samuilov.

Software engineer of the technical support department Timofey Vladimirovich Nikolaenko came to work on March 23, 2011 at 9:35 am. In accordance with the working hours established in the organization, the working day begins at 9.00.

The fact of lateness Nikolaenko T.V. is confirmed by an entry in the book for registering the arrival and departure of employees of the ODO "Slovo" located at the security post, as well as a mark in the work time sheet.

The fact of a violation may also be recorded in a memo addressed to the head of the organization. As a rule, a memo is used to record a violation by the immediate supervisor of the employee who committed the violation, or by another employee who discovered the violation. In this case, the memorandum may have next view(sample 2).

Sample 2

Technical Support Department

REPORT

About being late for work

Software engineer of the technical support department Timofey Vladimirovich Nikolaenko arrived at work on March 23, 2011 at 9:35 am.

Considering that the internal labor regulations set the start of the working day at 9.00, Nikolaenko T.V. I was 35 minutes late for work.

Due to the absence of valid reasons for the violation, I ask you to accept T.V. Nikolaenko. appropriate measures.

Head of technical support department signature M.A. Gaikin

After recording the fact of violation, the employer needs to demand from the employee written explanations indicating the reasons that served as the reason for the violation (Article 199 of the Labor Code). The reasons may be valid, but their list is not legally defined. Whether the reason cited by the employee is valid or not is determined by the employer in each specific case. In the same time a respectful reason should, if possible, be supported by documentary evidence (for example, a summons to the court or investigative authorities, a certificate from medical institution that the employee applied for medical care, certificate of a traffic accident that caused traffic disruption, etc.).

The employee’s explanations are presented in the form explanatory note, compiled in the name of the head of the organization (sample 3).

Sample 3

To the director of ODO "Slovo" Lepeshkov V.E.

Technical Support Department

EXPLANATORY LETTER

Reasons for being late for work

I, Timofey Vladimirovich Nikolaenko, was late for work on March 23, 2011, because the door at the entrance to my place of residence was blocked due to technical malfunction intercom system. For this reason, I was unable to leave the entrance in a timely manner. This can be confirmed by my wife Nikolaenko Z.S. and other residents of the entrance: Kushakova N.E. and Eremeev D.O.

Software engineer signature T.V. Nikolaenko

If the employee refuses to give an explanation, the fact of refusal must also be documented. The employee’s refusal is documented in an act indicating the witnesses present (sample 4).

Sample 4

ODO "Word"

Refusal to give explanations

Compiled by a commission consisting of:

1. Head of security service S.S. Strigunov

2. Head of HR Department L.L. Sadovskaya

3. Legal consultant of the legal work department D.R. Samuilov

Due to being 35 minutes late for work on March 23, 2011, software engineer of the technical support department Nikolaenko T.V. it was proposed to provide written explanations regarding the violation of the internal labor regulations, indicating the circumstances that caused the violation.

The fact of lateness Nikolaenko T.V. did not refute, but refused to give an explanation, citing the lack of valid reasons.

Head of security service signature S.S. Strigunkov

Head of HR Department signature L.L. Sadovskaya

Legal adviser of the legal work department, signature D.R. Samuilov

Based properly of completed documents about the committed misconduct, the head of the organization must consider the stated facts, assess their validity and, if necessary, check the circumstances to which the employee refers in his justification. Based on the results of reviewing the documents, the manager can make one of the following decisions:

On failure to hold the employee accountable;

On the application of disciplinary measures to him with deprivation of bonuses;

On the imposition of disciplinary sanctions without deprivation of bonuses;

On depriving an employee of a bonus without disciplinary action.

The decision on the measures taken is drawn up in the form of an order or order and must be announced to the employee against signature (sample 5).

Sample 5

ODO "Word"

03/29/2011 N 25-k

About reducing the premium amount

Timofey Vladimirovich NIKOLAENKO, software engineer of the technical support department, received a partial award, reducing its size by 15%.

Reason: act of being late for work dated March 23, 2011 N 1;

explanatory note dated 03/23/2011.

Director signature V.E. Lepeshkov ¦

Head of the legal work department signature A.M. Pestrukhin

The order was signed by T.V. Nikolaenko

Thus, the employer does not have the right to apply “fines” to employees, but he can deprive (reduce the size) of bonuses. Compliance with the considered procedure will allow the employer, if not eliminate, then significantly reduce the likelihood of sanctioned employees filing complaints with regulatory authorities or with statements of claim to court.

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