The Most Costly Labor Error: Not Documenting Employee Absences

One of the most costly mistakes a company can make in labor matters is not adequately documenting its employees' infractions.

Many times the employer is right. The worker repeatedly arrived late, failed to follow instructions, was absent without justification, caused internal conflicts, or affected the company's operations. The problem arises when it's time to discipline or dismiss, and the company has no way to prove what happened.

In labor matters, it's not enough for something to have happened; it must be provable.

Furthermore, the deficiency must not only be documented. It must also be documented that the worker had the opportunity to be aware of the facts and exercise their right to defense within an internal disciplinary process.

The mistake that is not documented loses strength.

For any company, this should be clear: an undocumented violation is a violation that is difficult to defend.

It's not very useful to claim that someone “had already been warned several times” if there's no objective record to support what happened.

The problem usually doesn't arise when the shortage occurs. It arises afterward, when there's a labor dispute and the company needs to justify why it took a particular disciplinary action.

At that moment, the question is no longer solely what happened, but what the company can prove and how it acted in response to that situation.

The risk of handling everything verbally

Many companies handle labor issues informally.

The boss talks to the worker, verbally reprimands them, warns them, or asks them to correct their behavior. While this may seem practical, it is often legally insufficient.

If the non-compliance continues and the company subsequently decides to impose a sanction or terminate the employment relationship, they may encounter a significant problem: there is no documented history to support that the behavior had already been previously warned about.

This considerably weakens the company's position in the event of a potential labor claim.

The Disciplinary Process: The Foundation for Correct Sanctioning

Every company should have a clear and well-developed disciplinary process within its Internal Work Regulations.

The disciplinary process is the internal mechanism by which the company investigates, documents, and resolves potential labor violations, while also respecting the worker's rights.

It's not just about sanctions. It's about ensuring order, objectivity, and due process within the employment relationship.

This is especially important because even when there is a real infraction, a sanction or dismissal can be challenged if the company acted arbitrarily or without allowing the employee to exercise their right to defense.

Therefore, a properly structured disciplinary process should consider:

• clear identification of the fault
• objective documentation of facts
• communication to the worker
opportunity to be heard, defend, or reply
Analysis of the proportionality of the measure
documented final decision

Absences or dismissal are not the start of the disciplinary process. They are the conclusion of a prior procedure that must be adequately documented.

Furthermore, the disciplinary process must be aligned with the Internal Labor Regulations, internal policies, and other applicable regulations within the company.

This becomes relevant because there are criteria from the Constitutional Court that recognize the importance of the right to defense and due process even within private labor disciplinary proceedings.

The importance of the worker's right to defense

One of the most delicate mistakes a company can make is assuming that documenting a deficiency is sufficient.

It is not.

It must also be documented that the worker had the opportunity to be aware of the facts, present their version, and exercise their right to defense before the company makes a disciplinary decision.

This does not mean that the company must necessarily accept the employee's explanation. It means that there must be a minimally objective and reasonable procedure before imposing a sanction or dismissal.

For example, it's not the same to draft a document that simply states:

“The worker disregarded instructions and will be suspended.”

What to document:

“The worker was informed of the events that occurred on ___.
The worker stated that ___.
The company noted the above and proceeded to ___”

The difference is important because the second scenario shows that there was an opportunity for defense and that the company did not act arbitrarily.

What should be documented

It’s not about creating unnecessary bureaucracy. It’s about documenting relevant situations within the employment relationship.

It is advisable to especially document:

repeated late arrivals
• Unexcused absences
• Failure to follow instructions
disrespect
• internal conflicts
negligence
• operational damages or breaches
• Violation of internal policies
• Conduct that affects company operations

The documentation must be objective and concrete.

It is not advisable to use ambiguous expressions such as “bad attitude” or “lack of commitment.” You should indicate what happened, when it happened, who was involved, what policy or instruction was violated, and what explanation was provided by the employee.

What is an administrative act

The administrative record is an internal document used to formally record relevant facts within the employment relationship.

It can be used to document absences, warnings, disciplinary meetings, internal incidents, lateness, non-compliance, or any situation that may later have labor importance.

Its function is not solely to document the lack.

It also serves to record that the worker was informed of the facts and had the opportunity to present their version or exercise their right to defense.

Therefore, a correctly drafted administrative report should include:

• Objective description of the facts
Date and time of occurrence
people present
• related policies or instructions
• Worker's statement or explanation
• measure taken by the company
• Sign or certify refusal to sign

The worker's signature does not necessarily imply acceptance of the infraction. Many times it only attests that they were aware of the document's content.

If the worker refuses to sign, this can be noted with witnesses.

Not all offenses warrant dismissal.

Documenting a transgression doesn't automatically mean there's sufficient cause to dismiss the employee.

The severity of the conduct must be analyzed, as well as whether there has been a repeat offense, whether the measure is proportionate, and whether the internal disciplinary process was properly followed.

Many companies weaken their position when they act impulsively or try to use any breach as immediate grounds for termination.

Documentation should be used as a risk management and prevention tool, not as an arbitrary mechanism.

The company must act before the conflict.

The worst time to start documenting is when the company has already decided to lay people off.

Documentation should be built from the earliest labor breaches or problems arise.

An organized company should have:

• clear employment contracts
• Internal Work Regulations
• defined disciplinary processes
• attendance controls
• Attention-grabbing formats
administrative records
updated employment records

This is not unnecessary bureaucracy. It is business prevention and protection.

Conclusion

Failing to document employee absences can become one of the most costly mistakes for a company.

However, simply documenting the lack is not enough.

The company must have a clear disciplinary process, set forth in its Internal Work Regulations and applied in a manner that respects the employee’s right to a defense and the minimum guarantees of due process.

Disciplinary actions or terminations should not be made on the spur of the moment. They should be the result of a properly documented internal procedure.

En Conservis Lawyers We advise companies on the development of internal work regulations, disciplinary procedures, employment contracts, administrative records, and preventive strategies to reduce workplace risks and strengthen business management.