The administrative records for misconduct It is a document that a company or company must use to communicate to the corresponding parties any absences that employees may have committed, such as unjustified absences. In addition, when these cases of illegal actions or misconduct are presented, they serve as a means of notifying the sanctions that the employees will have subject to these minutes..
It is an account of statements or events that is written directly on paper. The purpose of these statements is to express facts that properly involve an employee or the objective circumstances of which his description is made and the witnesses who were part of these facts.
If there is something that can be said that disturbs the daily operation of a company or business, it is the fault committed without prior notice by one of its employees..
When managers or area heads are presented with shortages without prior notification, the work flow is fragmented, because other workers must carry out the tasks of the employee who did not show up for work, while neglecting their own responsibilities.
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Administrative records for absences are drawn up for cases where companies must sanction employees who are absent without justification from their work duties.
That is, this is a document that is intended to provide the corresponding departments with the environment of the infringement and the statements of the parties involved..
The benefit of an administrative record for misconduct is that the employee's non-compliance with the standards previously accepted and discussed between the employer and him is administratively established. Additionally, leave a documented record of said lack for the human resources department.
When a company establishes the functions of each of its workers, it is conceived with the intention that each person carry out certain specific tasks. These tasks, along with those assigned to other employees, ensure that the company runs smoothly, whatever its objective..
They can also serve the employee, because through the act the employee is given the opportunity to defend himself against any accusation made, thus avoiding the sole opinion of the supervisor or boss..
When an employee with a defined task does not attend his job without having communicated it with adequate anticipation, this could generate a certain mess.
As no job can be arbitrarily dispensed with, if one of these absences arises, the consequence is that the administration, production or other functions may be impaired in their work..
In addition to this, every worker when signing a contract acquires the commitment to be responsible in their actions within the organization chart. This means that additionally the legal thread is broken by missing without prior notification.
Suppose that in a company that assembles auto parts, two workers are absent for three days in a row. Due to this, production is affected, causing a delay in the delivery schedule..
Although the immediate supervisor could directly sanction those who are missing, through calls for attention, a suspension or even dismissal, good practices and legal processes require that an administrative act be drawn up..
In this way, both the Human Resources department and the management areas will be aware of the details of the plot, creating a file and evidencing the facts. In addition, they will have the versions of both the accused and those who accuse and the context in which the events occurred..
As it is a variant of the labor administrative act, the elements that make it up will be practically identical. For the administrative record for misconduct to be considered a legal document, it must contain the following elements:
- Company or business name.
- Date on which the worker committed the offense. If possible with time, day and month.
- Place where the events took place.
- Indicate the full name, position and other data of the worker involved who is accused of having been absent from his workplace.
- Description of how past events occurred, which warranted the record keeping.
- Full names and other personal details of witnesses to the offense.
- Statement from each of the witnesses to the offense in question.
- Closing of the minutes, in which the exact time and the signature of all the people who intervened in the events are indicated.
Although the administrative records for misconduct are written documents, this does not preclude that if it is mentioned in them, records of another type can be attached. For example, filming, recordings, sketches, photographs or any other element that allows to amplify the representation of the facts established in it..
The administrative record for misconduct must be written objectively, containing a neutral and impersonal account of the events that occurred. This narrative should primarily answer the key questions what, how, who, when and where.
In this document, the only admissible personal narratives must come from the testimony of the different witnesses. These people are the only ones who have the right to relate their point of view personally, in relation to the situations they witnessed..
After the description of the facts is finalized, as well as the respective statements of the witnesses, all those mentioned must sign the minutes. This is what gives it a legal character, because in this way it is ensured that the information it contains is the one that was given correctly.
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A specific model for residents in Mexico is attached, which can be used in the vast majority also for other countries.
The Federal Labor Law does not regulate administrative records, nor does it indicate what format they must have. Therefore, the employer has the power to prepare it, either because it is indicated by the internal regulations of the company or because it is indicated in the collective contract as a requirement to effect the dismissal..
It is important to have a good model of administrative records for misconduct, since on several occasions these minutes are not written in a correct way, so it is not feasible to use them as support in the case of any controversy at work..
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