How to reflect administrative arrest in the report card. Reflection of vacation in the time sheet - sample. Administrative arrest what to put in the report card

Answer to the question:

In practice, employees responsible for maintaining a time sheet often mark the time an employee was under administrative arrest (up to 15 days), detention as absenteeism. This is a mistake. It should be clearly distinguished between absenteeism and absence from the workplace, caused by valid reasons. Absenteeism is the absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in the event of absence from the workplace without good reason for more than four hours in a row during the working day (shift) ( subparagraph "a", paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation). Administrative arrest or detention - conditionally the serious reason absence(Article 3.9 of the Code of Administrative Offenses of the Russian Federation, Articles 92 and 108 of the Criminal Procedure Code of the Russian Federation), since the employee misses work for legal basis. The court appoints an administrative arrest or detention by a resolution (subclauses 6, parts 1 and 3, article 3.2, clause 1, part 1, article 29.9 of the Code of Administrative Offenses of the Russian Federation, part 7, article 108 of the Code of Criminal Procedure of the Russian Federation), and the employee is absent from work for a period of time voluntarily, therefore, does not commit a disciplinary offense.

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Some sources indicate the admissibility of using the NB code in such a situation, suspension from work without pay.

The current legislation does not define either a numeric or an alphabetic code that must be put on the timesheet if an employee is taken into custody or arrested. However, you yourself, by local regulation or order, fix the corresponding code. For example, a manager may issue an order according to which the absence of an employee from work due to administrative arrest is indicated by the digital code 37 and the letter “AA”. Since such time is not paid by the employer, it is not necessary to indicate its duration in hours in the bottom lines.

There is no need for the employer to issue orders or take other additional actions in connection with the arrest of the employee.

The period of the employee's stay under administrative arrest, detention by the employer is not paid.

Details in the materials of the System Personnel:

1. Shapes:Order on the introduction of new symbols in the time sheet

ORDER No. 72

On the introduction of additional designations in the time sheet

Moscow 15.10.2012

In order to comply with the procedure and deadlines for registration personnel documents, due to the need to accurately reflect the use of working time by employees, guided by the Decree of the State Statistics Committee of Russia dated March 24, 1999 No. 20,

I ORDER:

1. From November 1, 2012, supplement the unified form No. T-12 of the time sheet and payroll, approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1, with the following designations:

• travel time to the place of watch and back (letter code "CB", digital code "37");
• the time of the dispensary examination during pregnancy (letter code "DO", digital code "38").

2. To acquaint the responsible persons with this order against signature. I reserve control over the execution of the order.

Director A.V. Lviv

Familiarized with the order:

Chief Accountant A.S. Glebova

15.10.2012

Head of the Human Resources Department E.E. Gromov

15.10.2012

2. Question from practice:Is it possible to dismiss an employee who is in a pre-trial detention center in connection with the initiation of a criminal case

No.

Detention or detention is not recognized as a basis for terminating an employment contract. The basis for the dismissal of an employee is his conviction to a punishment that precludes the continuation of his previous work, in accordance with a court verdict that has entered into force (). For dismissal on this basis, it is necessary that the sentence imposes such a type of punishment that excludes the possibility of working in the same place (for example, deprivation of the right to engage in certain activities or imprisonment). Thus, before a guilty verdict is passed and it enters into force, the dismissal of an employee who is subject to criminal prosecution at the initiative of the employer is unlawful.

In the situation under consideration, the employee’s time sheet should indicate the letter code of the NB “Suspension from work (prevention from work) for reasons provided for by law, without accrual wages", which corresponds to the digital code 35. If for some reason information about the whereabouts of the detained (incarcerated) employee arrives late, the report card must indicate the letter code HH "Absence for unknown reasons (until the circumstances are clarified)" or the digital code 30. Conditional designations for the design of the time sheet are given in the approved.

Ivan Shklovets,

Deputy Head Federal Service for work and employment

With respect and wishes for comfortable work, Alla Khripushina,

Expert Systems Personnel

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There are many reasons why an employee may not show up at work. Most often, employers perceive this action as absenteeism and apply to "throwers" (remark, reprimand, dismissal). This is due to the fact that the labor legislation does not contain a clear definition (list) of valid and disrespectful reasons for absenteeism. The employer independently, on the basis of the documents and explanations submitted by the employee, determines how important the reason for the absence is.

But be that as it may, in most cases there are problems with determining whether the employee was absent (for example, overslept) or did not appear at workplace for a good reason (for example, got into an accident) no. However, there are situations in which it is difficult to assign a cause to one or another category of importance. These include the arrest of an employee.

Is the reason for non-appearance important or not?

If an employee was detained or arrested, then even with all the desire, he will not be able to go to work for some time. Therefore, many employers will have a question whether to consider this absence absenteeism or not.

Arrest (detention) is a valid reason for absence from the workplace. So, the servants of Themis point out that the arrest does not apply to disrespectful reasons for the absence of an employee at the workplace, since in this case from his will, desire or unwillingness to fulfill his labor obligations depends on nothing (decree of the Presidium of the Moscow Regional Court dated 10/13/2004 No. 631). It is also noted that the detention or arrest of a person is carried out for committing unlawful acts that are not related to disciplinary offenses for which the employer can apply disciplinary action.

Accordingly, such an absence will not be considered absenteeism, which means that disciplinary sanctions, in particular dismissal, cannot be applied to the employee. However, there is no need to pay for the period of arrest.

On the basis of the salary is a reward for the work of the employee. Since the arrested person cannot perform his duties, there is no basis for accruing wages to him. An exception may be work during the period of house arrest. When a measure of restraint in the form of house arrest is chosen for a person, the judge’s decision indicates whether the arrested person can leave the house, use a computer, whether access to the Internet is allowed, and so on. Thus, if an employee is allowed to communicate with colleagues, use the telephone and the Internet, then with the permission of the employer, he can work from home and receive a salary for this. Also, persons under house arrest are sometimes allowed to attend work.

It is worth noting that the employee retains the average earnings if the arrest period coincides with non-working periods for which the average earnings are retained (for example, with annual paid leave).

Based on the provisions, the period the employee was under arrest is included in the total vacation period, since the reason for the absence from work is valid. Also, in accordance with the Regulations on the peculiarities of the procedure for calculating benefits (approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375), the time of arrest is included in the billing period for payment of benefits.

How to apply?

The legislation does not contain a clear procedure for registering an employee’s absence from work due to detention (arrest). Therefore, it is best in this case to act according to generally established rules.

It is necessary to draw up an act of absenteeism of the employee at work. The document contains the date and exact time absence of the employee, as well as the time of drawing up the act. The document must be drawn up daily before the employee goes to work or is dismissed (for example, the employee is sentenced to imprisonment). You can also get a memorandum or memo from the immediate supervisor of the arrested person about the absence of the employee.

Next, you need to decide. If the employer does not yet know the reason for the absence of the employee, then the letter code “НН” (absence for unknown reasons) or the digital code “30” should be entered in the time sheet. The same code can also be entered in the case when it is known from the very beginning that the employee has been arrested. This is due to the fact that the unified code (approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1) does not provide for an alphabetic or numeric code to indicate the absence of an employee at work due to arrest.

They also sometimes use the letter code "NB" (digital "35") - suspension from work. But this is not very correct. So, suspension from work occurs only for certain circumstances, which the arrest does not apply to (for more details, see the article “How to remove an employee from work” in the journal “Practical Accounting” No. 8, 2013). This code should be put in the report card only if the court removed the arrested person from work and only from the moment specified in the decision.

Recall that the employer, on the basis of the Procedure for the application of unified forms of primary accounting documentation (approved by the resolution of the State Statistics Committee of Russia dated March 24, 1999 No. 20), has the right to make changes to the time sheet. Therefore, he can enter additional code, indicating the absence of an employee due to arrest, these additions must be drawn up by an appropriate order.

If the organization has developed its own forms of primary accounting documents (since January 1, 2013, the forms contained in the albums of unified forms of primary accounting documents are not mandatory for use), including the time sheet, then the symbol should be chosen from those that were installed by yourself.

Thus, in the report card, regardless of whether the reason for the absence is known or not, you can put down the code “HH” or the code entered in the organization to indicate absence due to arrest. If the reason for the absence did not become known immediately and “HN” was already put in the report card, and a special code was entered in the company, then the document can be adjusted.

After returning to work, the employee must submit documents that confirm the reason for the absence. Depending on the measure of intersection, they can be:

• protocol on administrative detention. Such detention is carried out for a period of three to 48 hours, that is, a maximum of two days. The protocol is drawn up if the employee was detained on suspicion of committing an administrative offense. The document must indicate the time of detention and release. A copy of the protocol is issued to the employee at his request. If he has not received a copy, he should be asked to do so;
• certificate of serving an administrative arrest in a special detention center. A measure of restraint in the form of administrative arrest is chosen by the court if it is established that the person has committed an administrative offense. Such arrest is established for up to 15 days and includes the term of administrative detention. The certificate is issued in the form given in Appendix No. 11 to the Internal Regulations of Special Detention Centers for the Detention of Persons Arrested Administratively (approved by order of the Ministry of Internal Affairs of Russia dated 06.06.2000 No. 605dsp). It must specify the period of arrest, including the period of detention;
• certificate of release from custody. It is issued to an employee arrested on suspicion of a criminal offense. The document must indicate who detained the employee, the date and time of detention and release.

For the period of the arrest of an employee, the employer has the right to take another employee in his place, for example, part-time (internal and external) or in the form of a temporary transfer.

When can you be fired?

If an employee was punished in the form of administrative arrest, then he cannot be dismissed on the basis of. So, dismissal in this case should occur due to disqualification or other administrative punishment, which excludes the possibility for the employee to fulfill his duties on. However, administrative arrest does not exclude the possibility of working, but only suspends for a while.

But what to do with the employee who was charged with a criminal case and even arrested during the investigation. Such an employee cannot be fired either. In this case, the employer will have to wait for the verdict. So, in case of a court verdict of not guilty, the employee can continue to work, and in the case of a guilty verdict, in which a measure of punishment is chosen that excludes the possibility of working (for example, imprisonment), he must be fired.

The dismissal occurs on the basis of the conviction of the employee to a punishment that excludes the continuation of the previous work, in accordance with the court verdict, which has entered into force (clause 4 of article 83 of the Labor Code of the Russian Federation). The day of dismissal on this basis is the day the court verdict comes into force, and not the last actual day of work (determination of the Supreme Court of the Russian Federation of December 17, 2010 No. 52-B10-3). Since the conviction of the employee may not become known immediately, the dismissal order must be drawn up only after receiving reliable information (for example, a copy of the verdict). The date of issue of the order will be the date of receipt of documents confirming the conviction of the employee. Following the same date, an entry is made in work book.

The order should indicate the impossibility of familiarizing the employee with it. Regarding the issuance of a work book, on the day the order is issued at the place of registration of the employee, a notice must be sent about the need to appear for it or give written consent to send the book by mail. If consent comes, then the book must be sent to the address indicated by the employee. If there is no consent, then the labor remains in the organization on demand.

The calculation can be transferred to the employee or issued to the representative of the employee (only if there is a power of attorney).

The work book and the amounts due to the employee can be issued to his representative, but only if there is a power of attorney certified by a notary or the head of the correctional institution.

An employee may also be sentenced to a suspended sentence. However, in most cases, such a punishment will not prevent him from working, which means that he can not be fired.

Also, an obstacle to the performance by an employee of his labor duties may be a temporary deprivation of the right to engage in certain activities or to occupy certain positions. In this case, the organization will receive a notice from the penitentiary inspection along with a copy of the verdict. Accordingly, if an employee held a position or carried out activities that are now prohibited to him, then the employer must comply with the requirements of the sentence.

In this case, the employee can be transferred to another job or dismissed on the above grounds. This must be done within 3 calendar days after receiving a notice from the penitentiary inspection. If a decision was made to dismiss, then in the work book, in addition to the record of dismissal, it is also necessary to make an entry that the employee is deprived of the right to occupy certain positions (to engage in certain activities). The same entry is also made if the employee was transferred to another position, but quits (for example, own will) until the expiration of the ban on holding certain positions.

Irina Svetlichnaya, lawyer, for the Moscow Accountant magazine

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Vacation in the time sheet - sample filling out this document is often required by many employees personnel services- can be displayed using various codes. Let's figure out how the time sheet is filled out in such cases and how vacation and some other ambiguous points are displayed in it.

Abbreviations used in the time sheet

Timesheets of employees in organizations are kept in accordance with both the Labor Code of the Russian Federation (in particular, Art. 91 speaks of this), and acts of the executive branch. In particular, the Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 approved the forms of time sheets T-12 and T-13, as well as the rules for filling them out. Although from 01.01.2013 this resolution is not mandatory, the forms of time sheets approved by it are still used in many organizations. At the same time, for budgetary organizations, form No. 0504421 is mandatory, approved by order of the Ministry of Finance of the Russian Federation dated March 30, 2015 No. 52n.

To fill out the time sheet, a standard table of abbreviations is used, which allows using 1-2 letters or numbers to describe a specific situation.

For example, here is a part of the abbreviations used when filling out the time sheets according to the T-12 and T-13 forms:

• "01" or "I" - the duration of the work shift in the daytime;
• "02" or "H" - the duration of work at night;
• "04" or "C" - duration overtime;
• "06" or "K" - the time of a business trip.

Total table of abbreviations used when filling out standard forms timesheet, has 36 positions, reflecting the most different situations- from regular work to its suspension due to non-payment of wages by the employer. The amount of salary that will be accrued to the employee at the end of the period of work depends on what exactly is indicated in the report card. That is why it is necessary to approach the filling of the time sheet as carefully as possible.

How is time off reflected in the time sheet?

Often in practice the question arises: how to indicate time off in the report card? The problem is that the term “time off” is not used in modern labor legislation - it was inherited from Soviet times, from the Labor Code, which was in force with changes until 2002. In relation to the current Labor Code of the Russian Federation, the terms “additional rest time”, “another day of rest”, etc. are used. Thus, in reality, time off is preserved, but there is no such name by law, therefore, for the time sheet, you need to look for other wording.

For example, time off is granted when an employee is called to perform work duties during weekends or other non-working days. In this case, he is entitled to the following compensations:

• wages in double size for the time actually worked on that day;
• payment in the usual amount with the provision extra day rest at any time (this is what can be called a day off).

At the same time, the legislation provides that the form of compensation is determined by the employee himself and the management does not have the right to tell him what to choose - increased pay or an additional day off. The only exception concerns those who work on fixed-term contract lasting less than 2 months: they are not provided with time off, so only increased pay is possible here.

Don't know your rights?

In addition, time off is provided for blood donation, overtime work and some other cases, while they can be both paid and unpaid. In this regard, they are entered in the time sheet of the T-12 or T-13 form under different codes:

• work on weekends or holidays - "RV", "03";
• forced absenteeism during the restoration at the previous job - "PV", "22";
• time off payable - "OB", "27";
• time off not paid by the employer - "NV", "28".

Absenteeism in the timesheet form T-12 or T-13

Absenteeism is considered the time when the employee was actually absent from his workplace. Depending on the reasons for absenteeism, the following codes are used:

• "PR" or "24" - absence from the workplace without good reason;
• "НН" or "30" - absence for unknown reasons.

The codes "НН" or "30" are temporarily put on the time sheet, until information about the reasons for absenteeism is received. If the absence is subsequently recognized as valid (for example, when donating blood, the donor is not required to notify the employer that he is going for a medical examination or blood donation), a corrective report card is drawn up, where a different code will be on the corresponding day.

In addition, if absenteeism did not last the whole working day, a special filling method is used, according to which 2 codes are put in the corresponding cell of the graph through a fraction: absenteeism and actual work. This is due to the fact that the actual hours worked, even if the employee was absent for more than 4 hours and may be fired for this under paragraph “a” of part 6 of Art. 81, must be paid. In this case, the duration of both absenteeism and the time actually worked is indicated.

Finally, it is necessary to mention typical mistake, which is done by many personnel officers, marking the time when the employee did not appear because he was detained by the police. Administrative detention or detention occurs against the will of the employee - which means that this time, although not paid by virtue of Art. 129 of the Labor Code of the Russian Federation, it cannot be called absenteeism and the codes "PR" and "24" are not applicable here. Either the code “НН” (or “30”) or another code approved for such cases by the internal documents of the organization should be used here. The use of the “НН” code in the general case is due to the fact that the table of abbreviations for forms T-12 and T-13 does not provide for such grounds as arrest or detention, therefore “unknown reasons” will be the most suitable option here.

How are night hours indicated on the time sheet?

Night hours of work should also be reflected in the time sheet. According to Art. 96 of the Labor Code of the Russian Federation, night work is considered to be work from 22 to 6 hours local time. At the same time, work at night can be either normal (for example, when an employee goes on a night shift according to the schedule or works in the “day in three” mode) and overtime. Depending on this, different codes will be indicated in the report card.

As a general rule, work at night is coded with the designations "H" or "02". If at the same time it was overtime, then the time of overtime work is indicated through the fraction (except for the fraction, an additional line is allowed). The rules for maintaining time sheets on forms T-12 and T-13 prohibit the exclusion of mandatory information, but at the same time allow employers to enter additional items into the sample time sheet.

How to reflect the dismissal in the time sheet?

Among the situations that raise doubts among timekeepers is the dismissal of an employee in the middle of the month. How to celebrate the day of dismissal and subsequent days when the employee is no longer on the staff?

Regulations about how it is reflected dismissal on the time sheet, No. However, from the content of the resolution of the State Statistics Committee of the Russian Federation No. 1 dated 01/05/2004 regarding filling out the time sheet of forms T-12 and T-13, we can conclude that on the last day of work the time sheet should contain the code "I" or "01" (subject to that the day is fully worked out).

What about the next days? Obviously, at this time, no marks are simply put: the employee is no longer connected with the enterprise in any way, therefore, none of the timekeepers is required to keep track of his working time. Nevertheless, it is recommended that in the following days, in order to avoid doubts about the possibility of forgeries or erasures, in the corresponding cells, put not codes and working hours, but dashes that exclude the possibility of filling in the corresponding columns.

What codes are used to display holidays?

In the event that the time sheet needs to display vacation time, the following codes are used:

• "09" or "OT" - annual leave payable;
• "10" or "OD" - additional leave payable;
• "11" or "U" - vacation for an employee combining work with training;
• "13" or "UD" - leave to the student, not payable;
• "14" or "P" - maternity and pregnancy leave or in connection with the adoption of a newborn child;
• "15" or "OJ" - leave until the child reaches the age of 3 years;
• "16" or "DO" - leave at your own expense with the permission of the management;
• "17" or "OZ" - leave without pay in cases provided for by law;
• "18" or "DV" - additional leave provided annually without payment.

You can find a sample timesheet showing the time spent on vacation on our website.

The employee was absent from work until 6:30 p.m. due to police detention. There is a document confirming this fact, an explanatory letter from the employee too. Questions:
1. Is this day considered absenteeism?
2. Is such a day subject to payment?
3. How do you document such a case?

Time spent in custody is not absenteeism. Draw up an act on the absence of an employee at work. It must indicate the date and exact time of the absence of the employee and the drawing up of the act. Usually, the act is drawn up by an employee of the personnel department or the immediate supervisor of the absent employee in the presence of two witnesses. In the time sheet, you need to put down a code, according to which the wages of the detained employee will not be calculated. This may be the letter code of the NB "Suspension from work (non-admission to work) for reasons provided for by law, without payroll", which corresponds to the digital code 35.

Do not pay wages and average earnings during the period of detention.

The rationale for this position is given below in the materials of the Glavbukh System

1. Article: The worker is rented

Mark in the table

So, the employee of the company was detained by law enforcement agencies. Having received a certificate from the police about the detention of an employee or a decision (determination) on the chosen measure of restraint (house arrest or detention), the employee responsible for maintaining the time sheet puts down the appropriate code.

The unified forms of the time sheet and payroll No. T-12 and the time sheet No. T-13, as well as the symbols used to fill out these documents, were approved by the Decree of the State Statistics Committee of Russia dated 05.01.2001 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment "(hereinafter referred to as Resolution No. 1).

Sample characteristics for an employee

Unfortunately, there are no clear instructions on how to record the absence of an employee from the workplace if he is in a pre-trial detention center or under house arrest. It is logical to assume that until the verdict comes into force, a code should be affixed, according to which the detainee will not be paid. This may be the letter code of the NB "Suspension from work (non-admission to work) for reasons provided for by law, without payroll", which corresponds to the digital code 35.

Accruals to the employee during the period of detention

If a measure of restraint in the form of house arrest or detention is chosen for an employee and he cannot perform official duties, the employer does not pay him a salary for the period of detention. Since, according to article 129 of the Labor Code of the Russian Federation, salary is a remuneration for work.

Since the employee is not paid a salary for the period of detention, this time will be excluded in the future (if the employee is acquitted) from the billing period, for example, when calculating vacation pay or temporary disability benefits based on:

• subparagraph "e" of paragraph 5 of the Regulations on the peculiarities of the procedure for calculating the average wage, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922;
• subparagraph "e" of paragraph 8 of the Regulations on the peculiarities of the procedure for calculating benefits for temporary disability, for pregnancy and childbirth for citizens subject to compulsory social insurance, approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375.

If the employee was arrested while on sick leave, then temporary disability benefits are not accrued for the days spent under arrest. This is stated in paragraph 17 of the Regulations, approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375.

Should the detainee be fired?

During the entire period of the investigation, the employee cannot be fired. According to clause 4 of part 1 of Article 83 Labor Code the basis for dismissal is the conviction of the employee to a punishment that excludes the continuation of the previous work, in accordance with a court verdict that has entered into force. Detention and detention are not recognized by labor legislation as grounds for terminating an employment contract.

I.A. Gavrikov,

Magazine "Salary",

2. Article: AFTER THE RALLY, THE EMPLOYEE DIDN'T GO TO WORK

Is detention at a rally a valid reason for absence from work? The Labor Code does not establish a list of valid and disrespectful reasons for absence from work. This is decided by the employer. He has the right to independently determine the list of valid reasons for the absence of employees at the workplace. The list can be installed in the local normative act or orders from the manager. All employees should be familiarized with the document.*

The opinion of the employee and the employer regarding the respectfulness or disrespectfulness of the reason for the absence may not coincide. Who is right, the court will decide.

Administrative arrest

After 48 hours from the moment of detention, the employee will not be released if the court has chosen a preventive measure in the form of detention (administrative arrest) in relation to him (Article 3.9 of the Code of Administrative Offenses of the Russian Federation). The courts apply this measure for certain offenses, for example, if the meeting worker did not comply with the requirements of the police officers.

Administrative arrest is established for up to 15 days and includes the term of administrative detention (part and article 3.9 of the Code of Administrative Offenses of the Russian Federation).

Finding an employee in custody will be confirmed by:

Decision on the appointment of an administrative penalty (arrest). It will indicate the moment from which the arrest period is calculated - it starts to flow from the time the employee is delivered to the police station (clause 23 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No.? 5, part 4 of article 27.5 of the Code of Administrative Offenses of the Russian Federation);

Certificate of serving an administrative arrest in a special detention center (approved by Appendix No.? 11 to the Internal Regulations of Special Detention Centers for the Detention of Persons Arrested Administratively, approved by Order of the Ministry of Internal Affairs of Russia dated 06.06.2000 No. 605dsp). Sample below.

WHAT TO PUT IN THE TIME TABLE

Unfortunately, there are no clear instructions on how to fix the absence of an employee at the workplace if he is arrested.

The reason for the absence is not yet known.

If the employer knew about the arrest of the employee from the first day, the code chosen by the organization is immediately entered in the report card. *

PAYING FOR THE PROTEST

Is the arrested person entitled to salary, vacation, benefits?

Rally at your own expense

During the period of the event, as well as administrative detention (arrest), attributable to work time, the employee does not fulfill his labor duties, the salary is not paid to him. After all, a salary is a remuneration for work (part 1 of article 129 of the Labor Code? RF).

Preservation of the workplace and average earnings

Absence from work due to detention (arrest) at the end of the rally does not oblige the employer to keep the employee's workplace. The employer can meet the employee halfway, but is not obliged to wait until he begins to perform his duties. But still, in this case, we are not talking about immediate dismissal.

Arrest (detention) is also not a basis for retaining an employee's average earnings for unworked time. The exception is when the period of detention coincides with non-working periods for which average earnings are maintained, for example, with the employee's annual paid leave.*

Time in custody and leave of absence

The periods included and excluded from the vacation period are listed in article 121 of the Labor Code? RF. In particular, it does not include the time the employee is absent from work without good reason (part 2 of article 121 of the Labor Code? RF).

Time of arrest and calculation of vacation pay

Since the employee is not paid a salary during the period of detention, in the future this time will be excluded from the billing period when calculating vacation pay (subparagraph “e”, paragraph 5 of the Regulation, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).

Temporary disability benefit during arrest

But in the billing period for payment of benefits, the time of arrest is included. According to the specified Regulation, the number of calendar days falling on the hours worked in the billing period does not matter. It is important that in the specified period the employee had income from which insurance premiums were paid to the FSS of the Russian Federation.

COULD BE FIRED?

Not all employers are indifferent to the civic engagement of their employees. Someone has different political views, someone does not like the unpredictability of an ardent social activist, someone is worried about attendance problems, etc. Therefore, many have a desire to fire an overly active employee. Our advice will help you avoid violations of labor laws in its implementation.

Can't be fired

For political reasons. According to part 2 of article 3 of the Labor Code? RF, no one can be limited in labor rights depending on political opinions, belonging or non-affiliation to public associations, as well as from other circumstances not related to business qualities worker. You cannot be fired for participating in a rally or for refusing to take part in such an event. The Labor Code does not provide for such grounds.

For a walk. It is also impossible to dismiss a detained or arrested employee on the basis of subparagraph “a” of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation for absenteeism. The ruling of the Presidium of the Moscow Regional Court dated October 13, 2004 No. 631 notes that in the situation under consideration, absence from work does not apply to disciplinary offenses for which the employer can apply disciplinary sanctions under labor law. *

O.V.? Negrebetskaya,

senior scientific editor of the journal "Salary"

Magazine "Salary",

3. Article: Emergency situation. What to do if a truant appears in the team

When absence from work is considered absenteeism

If an employee is not at work all day (shift), then we are talking about absenteeism. The same applies to a situation where an employee is absent for more than four consecutive hours.

In addition, the following situations are equated to absenteeism:

The employee did not warn the employer in advance about the early termination of the contract, about dismissal at his own request (Article 280, part 1 of article 292, part 1 of article 296, part 1 of article 80 of the Labor Code of the Russian Federation);
- the employee arbitrarily used days off;
- the employee without the consent of the management went on the main or additional leave.

Please note: if a person used the rest days that the employer is obliged to provide, but did not, then this is not absenteeism. An example of such a situation: a donor is given a day of rest after donating blood, and the company's management refused such a day off. In this case, it is illegal to fire an employee. This conclusion follows from paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

Other situations where the right of an employer to dismiss an employee for absenteeism may raise questions are listed in the table below.

In what cases can an employee be fired for absenteeism, and in what cases it is impossible

Is an employee late for an hour and a half? In this case, we are not talking about absenteeism, but about a violation labor discipline. The maximum that management can do in this situation is to announce a remark or reprimand to a slow employee. The employee continues to violate the daily routine, despite the remarks? In this case, the employer has the right to fire him. But on one condition: the previous penalty has not yet been lifted. That is, no more than a year has passed since the moment when a remark or reprimand was announced for being late (part 5 of article 81, article 194 of the Labor Code of the Russian Federation).

How to fix that an employee was not at work

It will be possible to influence the employee in any way if you properly document that he was absent from work. Otherwise, the collection will be considered illegal.

Important detail

Until you find out the reason for the absence of the employee, put the code "НН" in the time sheet.

Next, draw up an act stating that the employee is not at the workplace. There is no standard form. So each company develops a document template independently. In order not to waste your time, you can use our sample (given below). The main thing is that the act must be signed by two or more witnesses.

By the way, the immediate supervisor of the absent employee can, instead of the act (or together with the act), write a memorandum addressed to the head of the company. In it, he must report that the subordinate did not show up for work, and list the measures that were taken to find him (calls to the home phone, service check etc.). In the act and the memorandum, they accurately (in hours and minutes) reflect the time the employee was absent from work.

The third document is a notification letter sent to the home address of an employee who has been absent for a long time. In the document, ask the person to come to work and explain the reasons for the absence. The letter must be registered with acknowledgment of receipt. It is better to issue it on the letterhead of the organization.

Olga Kulikova,

expert of the magazine "Glavbuh"

Magazine "Glavbuh",

Sincerely,

Tatyana Gnedysheva, expert of BSS "System Glavbuh".

Answer approved by Natalia Kolosova,

head of the VIP support department of the BSS Sistema Glavbukh.

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The trip is displayed in the time sheet with the code - K. But sometimes the trip falls not only on a working day:

1. If the business trip coincided with the sick leave, then it is displayed like this: the letter K is put in the top line of the sheet, and B in the bottom line.
2. If the employee went on a trip: K is put in the top line, B in the bottom line. It should be noted that accruals are made for the weekend period 2 times more, in accordance with the law.
3. If the employee returned from a business trip on a weekend or holiday, the display is carried out as follows: at the top - K, at the bottom - B. in a double tariff.

Time tracking

It is important that the trip in the report card is displayed correctly, the amount of salary directly depends on this. How it is calculated is periodically checked by the tax service. During inspections, all documents are subject to review, and payments are recalculated.

Filling in the register is necessary for the correct recording of the employee's working time. The report card contains a table in which decoding is carried out by code names.

Normative base

The time sheet is a mandatory document that is available in any company. It is needed to confirm that the working trip really took place.

If a dispute arises, the document will serve as proof of the truthfulness of the words of the employee. The absence of a document is punished in accordance with the legislation of the Russian Federation. In general, the regulatory framework in 2019 did not change compared to 2019.

According to part 4 of Art. 91 of the Labor Code of the Russian Federation, the employer must keep track of the time worked by the employee. There are special forms of N - T-12, T-13.

A time sheet is an accounting document, and a primary one. Be sure to display information in it, in accordance with paragraph 2 of Art. 9 FZ-402.

Business trip in the spreadsheet

There are a number of rules on how to mark a business trip in the report card. Let's consider in more detail each of the nuances.

How is it designated?

We have already figured out how the trip is displayed and what designation is used. But keep in mind that when filling out the document, hours are not affixed.

Therefore, the work trip is allocated to a different category and displayed in the time sheet.

On a day off

If the trip coincides with a weekend, the following situations may occur:

1. The employee was on a business trip, but did not work. In this case, the code "B" is put in the report card.
2. The employee was on a business trip and worked, then the “PB” code is affixed.

If an employee takes sick leave

According to the norms of the law, it is impossible, at the initiative of the employer, to send an employee who is on sick leave on a business trip.

If he himself expressed a desire to go on a trip, then it should be borne in mind that there will be no sick leave payment. And in the report card, in this case, it is displayed under the code "K".

It happens that an employee gets sick right during the trip. Then the mapping is carried out by two codes.

Overtime

When an employee worked overtime, this is indicated in the document as “C / S” with a designation of how many hours were worked.

But it may be difficult to collect documents proving this fact. You can ask for a certificate from the company where it was directly carried out labor activity. After that, the accountant will make a calculation.

Rules for filling out a document

When filling out the timesheet, you must consider the general rules:

1. The document must be completed in full within a month after the working trip.
2. At the end of the period, all working hours are taken into account.
3. All appearances and non-attendances must be put down in the report card.
4. In the line above, the designations are affixed: day off, business trip.

The sheet is required for accounting calculations. At the same time, the following requirements are put forward for the document:

1. It is allowed to keep on paper, and then sign in the accounting department.
2. It can be filled out electronically with the appropriate signature.
3. When making corrections in the report card, it is necessary to put the date when the changes were made and the last name.
4. When withdrawing, a copy must be made and submitted to the accounting document flow.

The table contains data:

1. What is the name of the document and the date when it was drawn up.
2. What is the name of the organization.
3. Lines - they display whether the employee came to work or not.
4. What is the unit of measurement (hours and days).
5. Who is responsible for maintaining the document.
6. Signatures of Approving Persons.

In the absence of at least one of the points, the document is invalidated.

Please note that the days of stay on the trip are:

• departure and arrival;
• labor;
• weekends, holidays when coincident;
• sick leave.

Not every work trip is recognized as a business trip. Those that are carried out within 1 day and are not displayed by location. They are put down in the accounting table under the code - I.

How to display correctly?

We have already figured out how to indicate the days spent on a working trip. But personnel workers often have difficulties in filling out. Looking at the examples, you can understand how to display correctly.

First example:

Ivanov A.V. works in RiK LLC as a manager and from 03/01/2017 to 03/15/2017 he was on a working trip. 4 and 5 - days off and work was not carried out. Therefore, the days are entered in the report card as - B, the rest - K.

Second example:

Mamantov A.G. Works at Mir LLC as a welder. From May 1, 2017 to May 11, 2017, he went on a business trip to work in a new branch of the company. 1, 6, 7, 8, 9 are days off, but Mamantov worked. In the report card, these days are indicated as "PB", and 2, 3, 4, 5, 10, 11 - K.

Sample

Each staff member has a sample business trip in the time sheet. It is presented in the table.