Reprimand of the Russian Federation Labor Code. What is the difference between a reprimand and a remark?
The Labor Code of the Russian Federation limits it to a certain list. Let's consider what different types can be and how they are used. kinds disciplinary sanctions .
How is a penalty removed?
Labor discipline requirements for employees
Every new member the work collective must obey a certain set of rules of conduct that exist within it (Article 21, 189 of the Labor Code of the Russian Federation). The basis of these rules is the requirements of the Labor Code of the Russian Federation, and all other norms are divided into 2 categories:
- developed for the entire team (Article 189 of the Labor Code of the Russian Federation);
- established for a specific employee (Article 192 of the Labor Code of the Russian Federation).
The norms that guide the entire team are based on internal organizational and administrative documents (rules, instructions, orders) and the collective agreement. They establish common rules of conduct for everyone and a uniform work routine.
The rules relating to a specific employee are contained in the employment contract with him and in his job description, defining the range of duties assigned to him job responsibilities.
Each employee in mandatory familiarize yourself with the current rules. This happens when:
- applying for a job;
- transfer to a new position or change in job description;
- the emergence of new internal organizational and administrative documents or a new collective agreement.
The fact of such familiarization is noted with the employee’s handwritten signature either under the relevant document or in special accounting journals.
If an employee violates the established rules, the employer has the right to bring him to disciplinary liability (Articles 22, 192 of the Labor Code of the Russian Federation).
The procedure for applying disciplinary liability
The exercise of the employer's right to bring an employee to disciplinary liability will be possible only if several preconditions are met:
- The rules of labor discipline are drawn up in accordance with all the necessary requirements: approved by the manager, they indicate the date of approval, they are agreed upon with the trade union organization or have a note that such an organization was not created.
- Before committing a disciplinary offense, the employee is familiar with all the rules of labor discipline, and his signature certifying the fact of this acquaintance is available along with the date of acquaintance with the document, which he personally affixed.
Another important condition is that the employee is guilty of the offense (Article 192 of the Labor Code of the Russian Federation). He cannot be punished if his fault:
- absent;
- not related to work duties;
- not proven.
Possible disciplinary action
Possible types of disciplinary sanctions are given in Art. 192 Labor Code of the Russian Federation. Their list is limited and does not allow for free interpretation. These types include:
- comment;
- rebuke;
- dismissal.
Although the legislation may provide for other types of punishments for certain categories of workers (Article 192 of the Labor Code of the Russian Federation).
Read more about reprimand in the article “Reprimand as a disciplinary sanction (nuances).”
The choice of the type of disciplinary liability is made taking into account a number of factors:
- the specific circumstances in which the violation was committed;
- characteristics of the employee’s personality and whether he has other offenses or, conversely, merits;
- assessing the severity of the consequences of the violation and the proportionality of the punishment.
Only one penalty can be imposed for one violation (Article 193 of the Labor Code of the Russian Federation). But punishment can be applied to one employee more than once, while changing the types of penalties, in cases where:
- as a result of the penalty the violation is not terminated;
- the offenses are repeated periodically;
- New types of offenses are being committed.
It is possible to apply simultaneously 2 types of liability (disciplinary and material) if, as a result of a disciplinary offense committed by an employee, the employer suffered material damage (Article 248 of the Labor Code of the Russian Federation).
What are the types of violations of discipline?
Disciplinary offenses are divided into 2 types:
- not very serious, having a one-time nature, not entailing serious consequences and usually stopping after the application of a penalty in the form of a reprimand or reprimand;
- gross, which include both systematic violations and one-time violations, but incompatible with the continuation of work.
Examples of the first type include:
- one-time delays to work or long absences from the workplace not related to job functions;
- failure to complete the usual amount of work (labor standards) or failure to meet deadlines;
- failure to comply with orders and instructions from management related to the employee’s job responsibilities;
- refusals to pass mandatory inspections or instructions;
- refusal to prepare documents necessary for work (for example, a liability agreement).
Gross misconduct, in which, as disciplinary action by the Labor Code of the Russian Federation dismissal of an employee is permitted, are:
- systematically committed disciplinary offenses (clause 5 of Article 81);
- absenteeism, which is equivalent to absence from the workplace during the day or shift, as well as more than 4 hours in a row (subparagraph “a”, paragraph 6 of Article 81);
- appearing at work under the influence of intoxicants (subparagraph “b”, paragraph 6 of Article 81);
- disclosure of information considered a secret of any level (subparagraph “c”, paragraph 6 of Article 81);
- intentionally causing harm to someone else's property (subparagraph “d”, paragraph 6 of Article 81);
- creating a situation of the occurrence or high probability of the occurrence of severe consequences for people and property (subparagraph “e”, paragraph 6 of Article 81);
- committing actions that result in loss of trust (clauses 7 and 7.1 of Article 81);
- immoral act committed by the teacher (clause 8 of article 81);
- adoption by the head of an organization of a decision that entailed significant material damage to this organization (clause 9 of Article 81);
- gross violation by the head of a legal entity of his direct labor duties (clause 10 of article 81);
- repeated gross violation of the charter by a teacher during the year educational organization(Clause 1 of Article 336 of the Labor Code of the Russian Federation);
- violation of anti-doping rules by an athlete or his disqualification (Article 348.11).
Dismissal is not mandatory. Instead, a more lenient punishment (reprimand or reprimand) may be imposed if the employer's manager, whose prerogative is usually to make such decisions, considers it more appropriate in the particular circumstances.
Terms and procedure for imposing punishment
The Labor Code of the Russian Federation limits terms of application of disciplinary action: no later than 1 month from the date of detection of the violation and before the expiration of six months (and for offenses of a financial nature - 2 years) from the date of commission, taking into account the periods of employee absence from the workplace allowed by law (Article 193 of the Labor Code of the Russian Federation), including:
- disease;
- vacation, time off;
- period of criminal proceedings.
Of particular importance is the sequence and extent of actions preceding the formalization of punishment:
- The fact of a violation must be immediately documented by drawing up an act signed by 3 witnesses or a memorandum from the employee’s immediate supervisor. If necessary, several such documents are drawn up, accompanying them, if possible, with other documents confirming the presence of violations.
- The employee is given 2 working days to provide written explanations of the misconduct. In case of refusal to provide an explanation, a report is drawn up.
- The employee is given 3 working days to familiarize himself with the collection order. If he refuses to sign on it, then an act is also drawn up.
How to draw up an act when an employee refuses to provide an explanation, read the material “How to draw up an act on refusal to write an explanatory note?”
How is a penalty removed?
A penalty issued in the form of a reprimand or reprimand is lifted on one of 2 grounds (Article 194 of the Labor Code of the Russian Federation):
- Its validity period has expired (1 year from the date of imposition), provided that during this time the employee did not have any new violations. The collection is lifted automatically without any paperwork.
- Before the expiration date, if there is an initiative on the part of the employee, his immediate superior, the workforce or the employer’s manager. If the initiator is an employee, then he writes a statement addressed to the employer’s manager, and if the immediate superior or labor collective- a petition is drawn up. The removal of the penalty is formalized by order.
Read about the nuances of executing such an order in the article “Order to lift a disciplinary sanction - sample.”
Results
Despite the limited list of disciplinary sanctions, they give the employer a fairly wide range of influences on the employee. When applying punishment, it is very important to comply with all procedural requirements.
Source: http://nalog-nalog.ru/otvetstvennost_i_vzyskaniya/vidy_disciplinarnyh_vzyskanij_po_tk_rf/
What types of disciplinary actions can be taken against employees?
All people are different and approach work differently. Ideally, every person should strictly observe discipline and perform the work entrusted to him conscientiously. But it also happens: he performs his duties improperly or simply ignores them.
In this situation, the law provides appropriate norms for punishing the employee. Disciplinary action is a punishment for failure to perform labor functions or their incomplete implementation in practice.
What types are provided for by the Labor Code of the Russian Federation?
According to the Labor Code of the Russian Federation, there are the following penalties: reprimand, reprimand, dismissal.
In addition to the main types, in some organizations it is possible to use others: a reprimand with the addition of “strict”, a warning “incomplete compliance”, transfer for a short period to a less presentable and lower-paid position.
The procedure for applying measures is formulated in Article 193 of the Labor Code of the Russian Federation.
The bottom line is that upon discovery of a misconduct, the guilty employee is obliged to immediately provide an explanation in a letter signed by him.
After two days have passed from the day of the demand for an explanation, in the absence of one, the employer has the right to draw up an act in which he must indicate the date of the demand for clarification and the actual absence of it.
When an employee is unable to provide a written explanation for some reason, it is best for the employer to provide written notice to this person for the purpose of calling for an explanation. But this must be done during the person’s working hours.
The order of their application
To apply a penalty, it is necessary to collect evidence of a person’s guilt and only then make a decision by order.
The order must be completed correctly and contain the necessary information:
- position and place of activity of the culprit;
- the essence of the offense and articles of the law;
- indication of the degree and severity of the violation;
- type of punishment;
- base.
It is important to know the time frame within which penalties can be applied. Term - one month from the day the offense was discovered, taking into account the employee’s sick time, if any, and the time of agreement with the trade union.
Besides this, there is one more circumstance. If six months have passed since the discovery of the misconduct, then the employee cannot be punished. True, this does not apply to financial matters, for example, if the misconduct was discovered as a result of an audit. Such issues are resolved within a two-year period.
The employee signs the order within three days. If a person refuses to sign, the boss prepares a new act on this matter. It must be signed by attesting witnesses, who should not have a personal interest, and by a representative of the enterprise administration.
The employee has the right to appeal the order of punishment to the labor inspectorate.
The employee, as soon as he has signed the contract and has begun his direct labor functions, immediately receives the rights and responsibilities specified in the “job description” document.
According to regulatory documents, he must:
- fulfill labor obligations;
- comply with internal regulations and labor safety standards;
- maintain the entrusted property in proper condition.
Labor discipline is an important component labor activity. It is fully regulated by the regulations of the organization.
These are documents that establish the process of hiring and firing people and other features of labor relations.
However, a local act of an enterprise should in no case contradict the law.
When an employee stops fulfilling his direct duties due to fear for life and health, no one will punish him for this.
When choosing a penalty, you must take into account how serious the offense was and why it was committed. You cannot fire someone for a minor violation, otherwise your decision will be invalidated in court.
Dismissal can only be lawful under the following circumstances:
- When an employee with a penalty continues, regardless of the reasons, to evade fulfillment of duties.
- When there is a gross violation of discipline. This includes absenteeism lasting one working day, as well as more than 4 hours in a row.
- Appearing at work in any category of intoxication.
- The employee made public a secret known to him due to his official duties.
- In case of theft, embezzlement or destruction of property, dismissal is guaranteed immediately when this fact is established in court.
- For violation of labor protection conditions.
- If the employee dealt with values and lost the trust of the boss.
- If a person at the workplace made an unreasonable decision, and this adversely affected the financial well-being of the organization.
- If the manager grossly violated his job duties.
- If the teacher within school year violated the Charter of the educational organization.
In other words, different disciplinary measures may be applied in different industries, as set out in the Charter, regulations, and rules of a given organization. It is not allowed to use arbitrarily invented measures.
The above measures are unacceptable for punishing civil servants.
Important note: only one type of penalty can be applied for one offense.
If punishment is taken against an employee, it valid for one year from the date of issue of the order.
During this period, repeated misconduct may result in automatic dismissal under Article 81.
If after a year there are no more comments, then the penalty is considered lifted.
At the request of the direct employer or the request of the employee, as well as based on the request of the manager, the penalty can be lifted without waiting for the end of the year.
To do this, you need to write a report. The personnel specialist has the right to make a special entry about the punishment in the employee’s personal file, more precisely, in his personal card.
IN work book such information should not be reflected.
The procedure for issuing a penalty
After the immediate supervisor has found out all the causes and consequences of the misconduct and has prepared the necessary acts, he must send the following documents to his superiors:
- A memorandum from persons related to the case.
- A memo containing the essence of the incident.
- Explanatory note from the culprit himself.
- Explanatory statements from other persons involved in this case.
- Document confirming the operating mode.
- If necessary, additional documents needed to clarify.
If the measure is dismissal, it must be issued in the form of an order in a unified form with an exact indication under which article the employee was dismissed. There are no forms of orders for imposing penalties in the form of a reprimand or reprimand. They are published in free form.
You can watch the video for information about all types of punishments for guilty workers, their execution and other important nuances:
Consequences
- An employee with a penalty may be deprived of his bonus.
- An employee who has received a penalty and has repeatedly committed an offense may be suspended from work, that is, dismissed.
The employer needs to be careful about filling out all the necessary documentation.
In order to avoid difficulties, all issues relating to his labor discipline must be discussed individually with each employee.
The organization is liable for violation of the procedure for applying penalties. If there is disagreement with the applicable measure and the employee complains to the labor inspectorate, the employer will be checked for violations during the investigation and application of punishment.
If the inspection finds a violation, the organization will be held administratively liable.
The employee will be reinstated through legal proceedings, and he will receive compensation for causing moral damage.
The organization must bear all costs of trials and inspections. In addition, the company’s business reputation will be damaged and credibility will be lost.
Source: http://ZnayDelo.ru/personal/upravlenie/vidy-disciplinarnyh-vzyskanij.html
When is a disciplinary sanction applied by the Labor Code of the Russian Federation?
If employees of an enterprise commit misconduct or improperly perform their duties, the employer has the right to apply disciplinary action to them in accordance with the Labor Code of the Russian Federation.
Sometimes such strict measures are necessary to ensure that employees and teams maintain discipline and perform their duties properly.
However, management does not always act in accordance with the law, as a result of which employees turn to the courts or the federal service for labor and employment.
Penalties under the Labor Code of the Russian Federation
At the legislative level, several types of disciplinary sanctions are defined for application to an employee:
- A reprimand as a disciplinary sanction.
- Announcing a reprimand.
- Dismissal.
The legislation does not provide for other types of disciplinary sanctions. Some companies impose fines on employees, transfer them to positions with lower salaries, and so on. These types of punishments are illegal in relation to employees.
At the same time, there are ways to deprive a bonus provided for by law, as well as ways to appeal this deprivation.
Since bonus payments are, in fact, a component of the salary (as an incentive component), if it is deprived, the employee, when going to court, can obtain its return with penalties equal to 1/300 of the key rate for each overdue day.
If the bonus is “linked” to work standards, the employer can avoid making positive court decisions in favor of the employee.
In this case, incidents of reduction in the amount of the premium or its non-payment must be reflected in the order.
It is also necessary to draw up a regulation on bonuses, which must necessarily list the conditions for payment and non-payment of bonuses.
The most loyal disciplinary punishment is a reprimand. Most often, reprimands are given for being late to the workplace.
The following types of disciplinary violations are distinguished:
- One-time violation. Such violations include absenteeism, being drunk at work, failure to undergo medical examinations, etc. A disciplinary sanction for absenteeism (or another violation from this category) can be anything, including dismissal (Article 81, paragraph 6 of the Labor Code of the Russian Federation).
- Failure to fulfill one's immediate duties. These offenses, in addition to failure to fulfill duties, also include cases of tardiness. At the same time, the legislation provides for the fact that an employee cannot be dismissed if he has committed this violation for the first time. After the first such offense, the employee faces a reprimand, after the second - a reprimand, and for subsequent ones he may be dismissed (Article 81, paragraph 5 of the Labor Code of the Russian Federation);
- Illegal actions regarding property the tenant, committed by a person who is responsible for the safety of this property. According to this clause, only financially responsible employees (cashiers, accountants, storekeepers, etc.) are subject to punishment; any penalty is applied to them by decision of management, including dismissal (Article 81, paragraph 7 of the Labor Code of the Russian Federation);
- An employee providing the employer with false documents when applying for a job. In this case, the employee faces dismissal.
Also among the disciplinary offenses, it should be noted the employee’s failure to comply with management orders.
Rules for imposing disciplinary sanctions
In order to properly hold an employee accountable, the fact of committing an offense must be proven. As a rule, this responsibility is assigned to HR specialists and lawyers.
To hold the offending employee accountable, the following conditions must be met:
- All workers at the enterprise must be familiarized with their job description, employment contract, internal regulations and safety rules, as well as local instructions for workers at the enterprise.
- Established fact of guilty actions of the employee. Those. if the action was committed by the employee due to circumstances beyond his control, it is not a violation.
- An explanatory note must be required from the employee. Because before bringing the offender to justice, it is necessary that he write a written explanation. It would be most correct to demand that an explanatory note be written in writing, i.e. with familiarization against signature with a limited period of fulfillment of the requirement of no more than two working days. If the offending employee does not present an explanatory note, the authorized employee has the right to draw up a report on the employee’s refusal to explain the situation.
- Upon the fact of a disciplinary offense committed, an act and a report are drawn up. At the same time, the sample act of disciplinary action does not have a unified form. In most organizations, the preparation of documents related to the registration of misconduct is entrusted to the human resources department.
- The next step will be to issue an order indicating the penalty applied. In this case, the type of punishment is determined by the circumstances of the incident, the consequences and motives of the offense committed.
Sample disciplinary act
The worker must be familiarized with this order no later than three days after it is issued (excluding days the employee is absent from the workplace). In case of refusal of the employee, a corresponding act must be drawn up.
According to Art.
193 of the Labor Code of the Russian Federation, the execution of an order for disciplinary action must be carried out no later than six months from the date of the offense, and no more than a month must have passed from the moment it was discovered. The date of discovery should be considered the moment when the immediate supervisor of the offender learned about the violation.
Duration of disciplinary action
A disciplinary sanction is valid until it is lifted.
In what cases does this happen? If, as a result of misconduct, the employee was dismissed, in this case the removal of the penalty cannot be implied.
Only a reprimand or reprimand can be withdrawn, but subject to the continuation of the labor relationship between the employer and employee.
Removal of punishment can occur in two cases (Article 194 of the Labor Code of the Russian Federation):
- After 1 year automatically from the moment the order to impose punishment comes into force (provided that the employee has not committed a new offense).
- By early withdrawal when showing initiative.
Since the decision to impose a penalty and its type are determined by the head of the organization (or an authorized employee), early withdrawal must be agreed upon with management. Automatic withdrawals are made without any special formalities or management decisions.
The management of the enterprise, the employee, the employee’s immediate superior or the trade union can initiate early cancellation of the punishment.
In this case, the trade union or immediate superior must draw up a petition addressed to the head of the enterprise. And when contacted by the employee himself, he should write a statement.
At the same time, the sample petition for the removal of a disciplinary sanction does not have a mandatory form.
It must indicate the data of the head of the enterprise in whose name the document is being drawn up, the data of the employee or team who initiated the petition, state the request indicating the arguments in favor of canceling the punishment, as well as the date and signature of the persons who compiled the document.
Deadline for appealing a disciplinary sanction
If an employee does not agree with the order of disciplinary action, he has the right to appeal it. The points of appeal are:
- Labour Inspectorate;
- judiciary;
- labor dispute commission.
The reason for contacting one of these authorities may be:
- issuing penalties twice for the same offense;
- improper execution of collection;
- the employee’s absence from the workplace due to illness or vacation at the time of filing the penalty;
- violation of deadlines;
- if the employee was not asked to write an explanatory note.
Petition to lift a disciplinary sanction sample
An employee is given up to three months to apply to any of the above authorities. If, as a punishment, the employee was dismissed from the organization, then the period for applying is no more than a month.
Filing a statement of claim to appeal a disciplinary sanction in court is possible while simultaneously contacting the labor dispute commission or the labor inspectorate. You can also contact the judicial authorities if an employee is not satisfied with the decision of the labor inspectorate or labor dispute commission.
Source: https://ktovdele.ru/distsiplinarnoe-vzyiskanie.html
Disciplinary sanctions, Labor Code of the Russian Federation (Article 192)
Labor relations are regulated, as is known, Labor Code. When applying for a job, the applicant and the employer enter into an agreement. The document specifies the basic working conditions of the employee. The contract also establishes the obligations and rights of the parties.
By concluding an agreement, the employee voluntarily undertakes to comply with the norms of labor legislation and the provisions of local documents.
In case of violation, he faces disciplinary action.
The Labor Code of the Russian Federation contains a special rule establishing the grounds and general conditions for applying sanctions to the guilty person - Article 192. Let's consider its features.
General information
According to the above article of the Labor Code of the Russian Federation, disciplinary action may be imposed on an employee who has violated the provisions of the law or other regulatory documents. A violation can be expressed either in non-fulfillment or in improper performance by an employee of professional duties due to his fault.
The employer may choose one of the following sanctions:
- Comment.
- Rebuke.
- Termination of the contract (if there are grounds).
Federal laws, regulations on discipline, charters may provide for certain categories of employees and others not covered by Art. 192 of the Labor Code of the Russian Federation disciplinary sanctions. The norm must be applied taking into account the provisions of Art. 81.
Features of the norm
According to the Labor Code of the Russian Federation, disciplinary sanctions include dismissal on the grounds established in Art. 81 (5, 6, 9, 10 points of part 1), 336 (item 1), 348.
11, as well as provided for in paragraph 7.
1, 8, 7 of the first 81 norms, if the employee’s guilty actions give rise to a loss of confidence in him or he has committed an immoral act at the place and within the framework of his work activity.
The use of sanctions that are not established in federal legislation, regulations and charters is not permitted.
According to Art. 192 of the Labor Code of the Russian Federation, disciplinary sanctions should be imposed only after assessing the severity of the offense and analyzing the circumstances in which the perpetrator committed it.
What is a disciplinary offense?
It should be understood as a culpable, unlawful failure or improper performance by an employee of the duties assigned to him in accordance with the contract, law and other regulations (including local ones) acts.
A misdemeanor can be expressed in violation of regulations, company rules, job descriptions, employer orders, technical rules, and so on.
Guilt
Failure to perform/improper performance of duties will be considered guilty if the citizen acted negligently or intentionally.
The imposition of a disciplinary sanction under the Labor Code of the Russian Federation is not permitted if the relevant violations were committed due to circumstances beyond the will of the person. For example, an employee did not fulfill his duties due to absence necessary materials for work, due to loss of ability to work, etc.
Illegality
The illegality of an employee’s behavior (inaction/action) is expressed in its non-compliance with the requirements of the law and other industry regulations.
On this issue, explanations were given by the Plenum of the Supreme Court in Resolution No. 2 of 2004.
The court indicated that an employee’s refusal to perform a production task when there is a threat to his life/health due to violations of labor safety rules cannot be regarded as a misdemeanor until the corresponding danger is eliminated.
The behavior of a person who refuses to perform hard work or in dangerous/harmful conditions, if they are not provided for in the contract, will also be recognized as lawful. Exceptions can only be established by federal law.
Nuances
Due to the fact that the Labor Code does not contain provisions prohibiting the exercise of the right to such a refusal, in cases where the performance of the relevant tasks is conditioned by a transfer on the grounds set out in Article 72.2, the citizen’s refusal to transfer should be considered justified.
Failure to comply with the employer’s order to go to work before the end of the vacation cannot be regarded as a violation of discipline.
The law does not provide for the right to call an employee early without his consent.
The employee’s refusal to comply with such an order (regardless of the reason) should be considered lawful.
Types of discipline violations
Only guilty unlawful behavior that is directly related to the performance of professional duties can be considered an offense for which disciplinary action may be imposed under the Labor Code of the Russian Federation. A person’s refusal to carry out a public order or failure to comply with the rules of conduct in a public place cannot be considered a violation.
Violations of discipline at the enterprise are considered:
- Absence of a citizen without good reason from the workplace or work in general.
- Evasion/refusal to undergo a medical examination, special training, certification, exams on health and safety, equipment operating rules, if these procedures are a prerequisite for admission to production activities.
- Refusal, without good reason, to conclude an agreement on financial liability, if service with valuables is the main job responsibility of the person and was agreed upon when he was hired at the enterprise, and the specified agreement can be concluded with the citizen, in accordance with the provisions of the law.
Art. 81 Labor Code of the Russian Federation
Disciplinary action in the form of dismissal may be applied in connection with:
- Repeated failure by a citizen to perform his labor functions without a good reason in the presence of a penalty.
- One-time gross failure (violation) of duties.
- Acceptance by the director of the enterprise (structural unit), his deputy, ch. an accountant of an unjustified decision, the execution of which resulted in a violation of the safety of valuables, their illegal use or other property damage.
- Gross violation of professional duties by the manager or his deputy, committed once.
In addition to the disciplinary sanctions established in the Labor Code of the Russian Federation, sectoral federal laws provide for sanctions. For example, Federal Law No. 90 allows the dismissal of a teacher due to a gross violation of the charter educational institution admitted again within a year.
Given in Art. 192 the list is considered exhaustive. The application of any other penalties not provided for in the article is not permitted. For example, it would be unlawful to transfer an employee to a lower-paid position or collect a fine as a sanction for violations.
Exceptions are allowed in cases expressly provided for by law. For example, Federal Law No. 79 provides that a civil servant, in addition to the penalties established by Article 192 of the Labor Code, may be given a warning about incomplete compliance with the position held.
Rules for applying sanctions
They are enshrined in Art. 193 Labor Code of the Russian Federation. Disciplinary sanctions can only be imposed after receiving an explanation from the employee who committed the violation.
They are provided in writing. The employee is given 2 days to draw up explanations.
If at the end of this period no explanations are provided, the employer must draw up a corresponding report.
It must be said that failure to provide an explanation is not considered an obstacle to the application of sanctions to those responsible.
Deadlines
They are also mentioned in norm 193 of the Labor Code of the Russian Federation. The time limits for disciplinary action are set as follows:
- The sanction is applied no later than 1 month. from the date of discovery of the violation. This period does not include the days the employee is on vacation, temporary disability, as well as the time allotted for taking into account the conclusions of the trade union.
- The sanction cannot be applied after 6 months. from the date of the violation, and based on the results of the audit, audit inspection, inspection of financial and economic transactions - after two years. These time limits do not include the time of criminal proceedings.
For each violation, the perpetrator may be subject to only one sanction. Otherwise, his constitutional rights will be infringed.
If employees of an enterprise commit misconduct or improperly perform their duties, the employer has the right to apply disciplinary action to them in accordance with the Labor Code of the Russian Federation. Sometimes such strict measures are necessary to ensure that the team maintains discipline and performs its duties properly. However, management does not always act in accordance with the law, as a result of which employees turn to the courts.
At the legislative level, several types of punishments are defined for application to an employee:
- Comment.
- Announcing a reprimand.
- Dismissal.
The legislation does not provide for any other penalties. Some companies impose fines on employees and transfer them to positions with lower salaries. These types of punishments are illegal.
At the same time, there are ways to deprive a bonus, as well as appeal methods this decision. Since incentive payments are a component of the salary (as an incentive component), if it is deprived, the employee, when going to court, can obtain a return with penalties equal to 1/300 of the key rate for each overdue day.
If the bonus is “linked” to work standards, the employer can avoid making positive court decisions in favor of the employee. In this case, a reduction in its amount or non-payment must be reflected in the order. It is also necessary to draw up a regulation on bonuses, which must list the conditions for payment of bonuses.
The most loyal disciplinary punishment is a reprimand. Most often it is announced for being late to the workplace.
Penalties under the Labor Code of the Russian Federation are applied to workers when they commit offenses. Violation results in one type of punishment. You cannot make a reprimand for being late and then reprimand for it.
The following types of disciplinary violations are distinguished:
- Once recorded– absenteeism, being drunk at work, failure to pass. The penalty can be any, including dismissal (Article 81, paragraph 6 of the Labor Code of the Russian Federation).
- Failure to fulfill immediate duties. This includes being late. After the first offense, the employee faces a reprimand, the second - a reprimand, and for subsequent offenses he may be dismissed (Article 81, paragraph 5 of the Labor Code of the Russian Federation);
- Illegal actions regarding property employer, committed by a person who bears responsibility for its safety(cashiers, accountants, storekeepers). Any penalty is applied to them by decision of management, including dismissal (Article 81, paragraph 7 of the Labor Code of the Russian Federation);
- Providing false documents when applying for a job. In this case, there is a risk of dismissal.
Also among the misconduct should be noted failure to comply with management orders.
Rules for imposing disciplinary sanctions
In order to properly hold an employee accountable, the fact of committing an offense must be proven. As a rule, this responsibility is assigned to HR specialists and lawyers.
The following conditions must be met:
- All workers at the enterprise must be familiarized with their job description, And safety precautions, as well as local instructions.
- Established fact of guilty actions. If an employee has committed an offense due to circumstances beyond his control, it is not a violation.
- Must be required from the employee. It is most correct to demand that it be completed by hand with signature and a limited deadline of no more than two working days. If an explanatory note is not presented, the authorized employee has the right to draw up an act of refusal to explain the situation.
- An act is drawn up and memo. The paperwork is the responsibility of the HR department.
- Issuance of an order indicating the penalty applied. It is determined by the circumstances of the incident, the consequences and motives of the offense committed.
Sample disciplinary act
The worker must be familiarized with this order no later than three days after it is issued (excluding the period of absence from the workplace). In case of refusal, a corresponding act must be drawn up.
According to Art. 193 of the Labor Code of the Russian Federation, an order for collection is issued no later than six months from the date of the commission of the offense; no more than a month should pass from the moment of its discovery. The date of discovery is when the immediate supervisor of the offender learned about the violation.
Duration of disciplinary punishment
Recovery is valid until withdrawal. If the employee was fired, it is not implied. Only a reprimand or reprimand is canceled, but subject to the continuation of the employment relationship.
The penalty can be repaid in two cases (Article 194 of the Labor Code of the Russian Federation):
- After 1 year automatically from the date of entry into force of the order to impose punishment (if the employee has not committed a new offense).
- By early withdrawal when showing initiative.
Since the decision to impose a penalty and its type are determined by the head of the organization, early withdrawal must be agreed with him. Automatically done without registration.
An employer, employee, immediate superior or trade union can initiate early cancellation of a punishment.
A petition is drawn up addressed to the head of the enterprise. And when the employee himself contacts him, he writes a statement. The document must indicate the details of the manager, employee or team who initiated the petition, state the request indicating the arguments in favor of canceling the punishment, put a date and signature.
Appeal period
The points of appeal are:
- Labour Inspectorate;
- judiciary;
- labor dispute commission.
The reason could be:
- punishment twice for the same offense;
- improper registration;
- the employee’s absence from the workplace due to illness or vacation at the time the punishment was imposed;
- violation of deadlines for drawing up the act;
- if you were not offered to write an explanatory note.
Petition to lift a disciplinary sanction sample
To apply to any of the above authorities, up to three months are allotted. If, as a punishment, the employee was dismissed from the organization, the period is no more than a month.
Filing a statement of claim in court to appeal the collection is possible if you simultaneously appeal to the commission or if you are not satisfied with the decision of previous authorities.
Each employee is obliged to fulfill the official duties assigned to him, which are specified in the employment contract and job description. Otherwise he may be brought to special type legal liability, which is called disciplinary.
Definition
An employee’s obligation to be punished for violating the organization’s rules, terms of an employment contract or job description is disciplinary liability. The Labor Code of the Russian Federation indicates that the basis for bringing the employee to it will be the commission of an offense by an employee, which proves the fact that he neglects the official powers entrusted to him.
Main aspects
If an employee does not fulfill his official duties, then disciplinary liability arises. The Labor Code of the Russian Federation provides for the application of one of three types of penalties to the employee:
Comment;
Rebuke;
Dismissal.
This may show a citizen’s partial or complete failure to fulfill official duties. It is divided into two types:
General, when a person violates the norms of the Labor Code;
Special, if those rules that are established by the management of the organization and recorded in the charter, but do not contradict the Labor Code of the Russian Federation, are not observed.
Types of violations
There are several of them:
Use of official time by an employee at his own discretion, for example, absenteeism and tardiness;
Disobedience to company management, which includes failure to comply with orders and instructions;
Improper operation of the organization's equipment;
Immoral behavior - coming to work drunk, failure to comply with labor safety rules, etc.
In this case, the head of the enterprise has every right to subject the person to this type of punishment, such as disciplinary liability. The Labor Code of the Russian Federation provides for the application of a certain penalty, which can be in the form of:
Notes;
Reprimand;
Layoffs.
The last of these three is used extremely rarely, when the manager can no longer keep a person at the enterprise who has neglected labor discipline not for the first time. Therefore, bringing an employee to disciplinary liability in this case is simply a necessary measure to ensure that he begins to take his job responsibilities more seriously.
Procedure
Failure to comply with job descriptions and other conditions of official activity in the organization will result in disciplinary liability. The Labor Code of the Russian Federation in this case establishes only three types of penalties that must be applied correctly so as not to violate the law.
Example: a citizen was three hours late for work, citing the fact that he had been standing at the bus stop for a long time and could not wait for public transport. In this case, this will not be a valid reason, because the rest of the employees, even without a personal car, came to the organization on time. The HR specialist, upon discovering the absence of an employee, must do the following:
Draw up an act in the form (it must be signed by several persons);
Introduce it to the employee against signature, and then make a note about it;
Register the document.
Documentary evidence of violation of labor discipline is drawn up as follows:
It is necessary to obtain from the immediate superior of the person who arrived at the organization late, and attach the drawn up report to it;
Register the received data in a special form and assign a number to the document.
Types of punishment
Article 192 of the Labor Code of the Russian Federation provides for the application of the following disciplinary sanctions to an employee who dishonestly performs his official duties:
Comment;
Rebuke;
Dismissal on certain grounds.
In this case, only the manager will decide what punishment can be imposed on the citizen for violating the rules of the regulations. Dismissal is applied only in exceptional cases.
A disciplinary sanction such as a reprimand can be applied to a citizen who does not perform his duties professionally enough, especially if this fact is confirmed by a client’s complaint.
Example: an employee had to install double-glazed windows in the apartment of a regular window customer, but due to the fact that he arrived later than the allotted time, he was unable to complete all the work in one day. The client was dissatisfied and wrote a complaint. In this case, bringing the employee to disciplinary liability is simply inevitable, because through his unlawful actions he undermines the authority of the organization.
A punishment in the form of a reprimand is considered more severe. It is usually used in cases where a person repeatedly neglects his job responsibilities, for example, is systematically late for an operational meeting, does not follow management orders, or does not completely complete his work.
The last type of disciplinary action here will be the dismissal of an unscrupulous employee, but only for objective reasons, which must be confirmed by the relevant act.
Example: a citizen did not come to work because he was sick and reported this to management. After leaving, he did not provide his boss with official confirmation of this fact, and there was no written explanation from him either. Accordingly, an act and order was drawn up to bring the employee to disciplinary liability for absenteeism with further termination of the employment contract, which in this case is absolutely legal.
Failure to comply with labor regulations
In this case, neglect of the terms of the concluded contract and their dishonest implementation will be the main reason for disciplinary liability of civil servants. Because compliance with the rules of the official routine is their main responsibility.
Disciplinary liability of civil servants consists of imposing the following types of penalties on them:
Comment;
Rebuke;
Incomplete compliance warning;
Removal from a position;
Dismissal for certain reasons (absence from work, appearing drunk, disclosing secrets protected by law, destruction or theft of documents and other property).
In this case, punishments for misconduct for these persons are provided for by federal laws and various acts of ministries and departments. In addition, disciplinary liability of officials is one of the measures of state coercion necessary to ensure that all government officials do not violate their professional responsibilities and increased the level of intellectual abilities.
Peculiarities
Bringing disciplinary liability to an employee helps to develop a certain framework of behavior and a more serious attitude towards work, because otherwise he will simply cease to comply with the terms of the employment contract and the rules of the organization. In addition, a person begins to perform his official duties more efficiently.
Contains several types of disciplinary sanctions that the employer has the right to apply to an unscrupulous employee.
Any boss who wants to teach a guilty employee a lesson must follow several rules:
A reprimand, reprimand or dismissal may be imposed no later than one month from the date of discovery of the misconduct, taking into account the time of sick leave, vacation or other absence for a valid reason, but no later than six months;
In each individual case, only one of the specified types of punishment can be applied to a person;
The employee has the right to appeal management's decision;
If during one year of work a person has not committed any violations, then this means that he no longer has a penalty.
Order
In the event that a manager decides to apply a disciplinary sanction to his subordinate for failure to fulfill official duties, this must be recorded in writing by issuing an order. Then familiarize the employee with it against signature within three days.
An order to impose disciplinary liability is drawn up as follows:
Name of company______________
00.00.00, city ___________ No.________
"About _________"
Due to the fact that employee ___________ was seen at work in a state of intoxication, I order:
Give a severe reprimand;
For April in total_______
Base: Art. 192.193 of the Labor Code, memorandum from a senior sales specialist ________.
Director _________ (signature)
I have read the order ___________ (transcript)
Grounds
For improper performance by an employee of official duties, the law provides for a certain type of punishment, which manifests itself in the form of disciplinary measures. Of course, not every manager will punish a guilty subordinate in this way, but, as practice shows, this method is the most effective, because not every boss will be able to look at constant delays, an incomplete report or project, etc.
Violations of labor regulations committed by an employee are considered as grounds for disciplinary liability. In addition, failure by an employee to comply with the terms of the contract and job description implies the presence of his guilt, which leads to punishment in the form of a reprimand, reprimand or dismissal.
Also, the manager should not forget that it is possible to hold an employee accountable for violation of discipline only within one month and no later than six months.
What measures are best to take?
After an employee has violated the order of work in the organization through unlawful actions, the boss can apply disciplinary action to him. The Labor Code of the Russian Federation provides for it in the form of:
Notes;
Reprimand;
Layoffs (last resort).
In practice, employers try to punish their subordinates financially by depriving them of bonuses. In order to avoid unnecessary troubles with the law, they do not document a person’s misconduct, because in the event of incorrect actions by management, liability is also provided. The disciplinary offense is simply not recorded in writing and no order is drawn up.
If a citizen, while performing his official duties, commits an offense that affects the interests of not only the employer, but also other persons, he may be subject to punishment in the form of financial liability.
Example: an employee was hired by a company as a driver and transported construction materials to another contractor. One day he violated traffic rules and caused an accident, thereby severely damaging the car of the employer and another driver. In this case, the employee will bear full financial responsibility.
COAP
Not every boss knows what administrative punishment for an employee is, because this concept is not provided for in the law. Nevertheless, such responsibility exists for the manager himself, and it is indicated in Art. 5.27 Code of Administrative Offenses of the Russian Federation. In this case, administrative punishment can only be applied to the employer as an official by government agencies.
Arbitrage practice
A citizen was disciplined for once arriving at work at the wrong time, explaining that he could not wait for public transport. Three hours have passed since the start of the shift. Due to this circumstance, the employer decided to dismiss him, not wanting to apply any other disciplinary sanction. The Labor Code of the Russian Federation provides for termination of an agreement with an employee only for legal reasons. The employee was forced to go to court.
From the case materials it follows that the manager did not even record the fact of the employee’s absence in the prescribed form, and also did not take a written explanation from him.
In addition, less than four hours had passed since the start of work, which means that the boss simply had no grounds for dismissing a citizen for absenteeism. Also, the manager illegally collected a fine from the employee for late submission of the report, which is completely contrary to the norms of the Labor Code.
The court in its decision indicated that administrative and disciplinary liability are completely inconsistent with each other and relate to different areas legislation. Therefore, the manager did not have the right to impose a fine on the employee. In addition, the very fact of terminating the employment relationship with the employee was unlawful. The citizen was reinstated at work with compensation.
The actions of employees who improperly perform their direct duties or simply evade them are defined as a disciplinary offense and bear appropriate consequences. Article 192 of the Russian Federation regulates the procedure for imposing liability and the disciplinary sanctions provided for in this case.
Limits of disciplinary offense
A disciplinary offense is considered non-fulfillment or improper fulfillment of those that are directly related to the implementation of activities. Article 192 of the Labor Code of the Russian Federation determines that this includes violation of established norms of labor legislation, non-compliance job descriptions, terms of the employment contract (TD), etc.
The judicial procedure requires the participation of all interested parties with the provision of evidence from the management of the organization/enterprise that a disciplinary violation has been committed, including its negative consequences.
Criteria for determining a disciplinary offense:
- Action/inaction of the employee,
- The presence of guilt
- Place where the offense was committed.
Confirmation of the fact of misconduct
The employer must point out to the court all available facts confirming that the subordinate committed an unlawful act. This may include systematic lateness, failure to appear or leaving the workplace without good reason, refusal to fulfill one’s obligations, evasion of a medical examination and any other actions that violate the law.
Along with proof of the fact of misconduct itself, the guilt of the subordinate must also be proven. The regulations do not define the criteria for guilt - a person is either guilty or not. When hearing the case, only whether the guilty act was carried out intentionally or through negligence is taken into account.
It should be noted that the act will not be considered guilty if the subordinate refuses to perform work that is not provided for by the TD, or those for which the subordinate must give his consent. For example, this is a refusal to do one’s job due to non-payment of wages, a refusal to go to overtime work and etc.
Actions that were committed due to force majeure are also not considered guilty. For example, if a tree falls on a company car during a storm, the driver will not be responsible for this. Failure to show up or be late for work due to weather conditions, paralyzed traffic, etc. will also not incur any disciplinary liability, since the reasons for which such actions are committed are considered valid.
Based on the facts provided and after studying all the circumstances surrounding the disciplinary offense, the court makes the only correct decision for each individual case. At the same time, if the claim is satisfied, the court can cancel the penalty applied, but cannot assign another, since this is the prerogative of only the director of the organization/enterprise.
At its core, Article 192 of the Labor Code of the Russian Federation does not contradict the Constitution, therefore the application of disciplinary sanctions cannot be regarded as a violation of constitutional human rights.
Write your question in the form below
In few enterprises, let alone large ones, disciplinary sanctions were not applied (for which appropriate orders must be issued), because sooner or later, every person can make a mistake by violating discipline in the workplace. The Labor Code defines such an action or inaction as a disciplinary offense (in the form, for example, of absenteeism, which also entails punishment: details). Its implementation requires a certain procedure from the employer, as well as compliance with the rules of its application. Therefore, let's take a closer look at how this happens.
Disciplinary sanctions under the Labor Code of the Russian Federation - what are they?
The Labor Code of the Russian Federation defines disciplinary action as a measure of punishment for an employee for misconduct, that is, for failure to fulfill job duties, or their improper performance. This should include violation of job descriptions, employer orders, labor laws, contracts, and internal regulations. Thus, the employer influences the employee with intangible methods, as a result of which the commission of an offense becomes less expected due to the fear of punishment.
For committing a disciplinary offense, the employer has the right to apply the following disciplinary sanctions:
- Fine;
- Removal from the work process;
- Demotion;
- Dismissal.
More details on this issue can be found in this article.
disciplinary sanctions with comments
Article 193 of the Labor Code of the Russian Federation indicates the procedure for applying such an action. It is impossible to apply several penalties at once for one offense. Only a certain type is selected and an order is issued based on it. Before issuing it, in some cases, a disciplinary investigation may be necessary to prove the employee’s guilt, but often the presence of certain facts and witnesses is sufficient.
Is dismissal for disciplinary sanctions provided for under the Labor Code?
One of the most severe penalties is dismissal. However, there must be good reasons for it, as specified in Article 192 of the Labor Code. They are as follows:
- systematic absenteeism;
- actions that resulted in an accident or incident;
- disclosure of secrets;
- alcohol or drug intoxication;
- theft.
Each point has its own nuances. For example, non-disclosure of secrets can become a reason for dismissal only if it is specified in the contract. As for absenteeism, it must be systematic, that is, the law does not provide for dismissal for one absenteeism. Moreover, a more generous punishment should also be applied earlier. Additional information about dismissal under the Labor Code of the Russian Federation can be found.
Disciplinary measures under the Labor Code
In addition to dismissal, the Labor Code specifies such penalties as reprimand and reprimand. The first is a verbal warning, or a corresponding written order without an entry in the work book. The second consists of official registration for more serious types of misconduct and can be entered in the work book if it is regular.
Regarding dismissal, it is important to add that it carries more serious consequences, since there will be not only a search new job, but also difficulties in the device due to a negative entry in the work book.
Material measures include fines that are illegal, deprivation of bonuses if provided for in the contract, or financial liability. Its use is likely to cause damage to the property of an enterprise.
Disciplinary sanctions against military personnel
Military personnel, along with employees, can also commit disciplinary offenses and, as a result, penalties are applied to them. This right may be exercised in accordance with Article 75 of this Charter. These include:
- a severe reprimand or entered into a personal file;
- outfits out of turn (up to 5);
- ban on layoffs;
- reduction of rank;
- early dismissal from service;
- determination for the position below;
- disciplinary arrest or correctional labor.
In addition, material punishments are also applied to military personnel, such as deprivation of one-time payments or quarterly bonuses, as well as entering information into a personal card.
Disciplinary sanctions in the state civil service
For civil servants, the procedure and types of disciplinary sanctions are almost identical to the generally accepted ones, but, nevertheless, they have a number of differences. An additional penalty is a warning about incomplete performance. This is the so-called threat of dismissal. In such a situation, as a rule, the employee is demoted and offered other vacancies. If there are no such people, then he will be fired. The civil service also provides for an internal audit, on the basis of which the employee’s guilt is determined.
Appealing a disciplinary sanction
If the employer violates the procedure and deadlines for applying a penalty, the employee has the right to appeal it. The employer has no right to impose any type of punishment without requiring explanatory note. You cannot punish an employee for being absent from work if he has sick leave. It is also prohibited to punish repeatedly for the same offense. All of the above gives the right to appeal against the penalty. In addition, some employers use material deductions from wages which are illegal.
An appeal is made within 3 months after disciplinary sanctions are issued; in case of dismissal, this period is reduced to one month. To do this, you should contact the labor inspectorate, the commission for official or labor disputes, or the court.
How can I appeal a disciplinary sanction to the Ministry of Internal Affairs?
The appeal of these sanctions by employees of the Ministry of Internal Affairs is no different from the generally accepted ones. To do this, they need to contact their immediate supervisor, the court or the commission for official disputes. Employees have a three-month period to appeal after reading the order. The dispute is considered within a month, and its appeal is possible only within 10 days after the decision is made.
Imposing a disciplinary sanction on an employee - grounds and procedure according to the Labor Code of the Russian Federation
The current Labor Code provides provisions on the basis of which it is possible to make a recovery. The employee is obliged to properly fulfill his duties prescribed in the contract, comply with discipline and labor safety rules. The list of grounds for punishment also includes gross violations, such as alcohol intoxication at work, absenteeism, theft, etc.
The procedure for applying punishment for employees is that it can be imposed on a specific person within a month from the moment the fact of its commission was revealed. An important clarification: sick leave is not included in this period. It is also important to understand that the statute of limitations is 6 months. If during this time the offense is not identified, it will become impossible to punish for it.
Order to impose a disciplinary sanction on an employee - sample
A sample reprimand order is not provided for by law, but the list of required information should be as follows:
- Company name;
- number, date and title of the document;
- reasons for compiling and description of the violation committed;
- grounds for punishment - article of the Labor Code of the Russian Federation;
- person responsible for execution;
- signature of the manager and the offender;
- seal of the organization.
Thus, there are certain rules and procedures for filing a disciplinary sanction. If they are violated, the employer loses this right.
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