Labor Code disciplinary. Imposition of a disciplinary sanction and its appeal

ST 192 Labor Code of the Russian Federation.

For committing a disciplinary offense, that is, failure or improper fulfillment by an employee through his fault of the duties assigned to him labor responsibilities, the employer has the right to apply the following disciplinary sanctions:

1. comment;
2. rebuke;
3. dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline () for individual categories employees may also be subject to other disciplinary sanctions.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of the first part of Article 81, or, as well as in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee at the place of work and in connection with the performance of his job duties.

It is not permitted to apply disciplinary sanctions not provided for federal laws, charters and regulations on discipline. When applied disciplinary action The severity of the offense committed and the circumstances under which it was committed must be taken into account.

Commentary to Art. 192 of the Labor Code of the Russian Federation

1. The employer has the right to hold violators of labor discipline accountable, but can exercise this right at its own discretion: choose the best option from the possible penalties to be applied, or generally refuse to hold the violator accountable. Only in exceptional cases, directly provided for by law, is the employer obliged to take disciplinary measures (see, for example,).

2. An employee can be brought to disciplinary liability only if he commits a disciplinary offense, which is understood as a culpable failure or improper performance by the employee of his job duties.

An employee can be subject to disciplinary liability if the following conditions are met:

a) the employee’s behavior must be unlawful, i.e. his actions must actually not comply with the requirements of the law, the obligations under the employment contract or the orders of the employer based on them. An employee’s refusal to be divided into parts cannot be considered a disciplinary offense. annual leave, which is possible only by agreement of the parties (see);

b) as a result of the employee’s actions, damage of a property and (or) organizational nature is caused. More often, damage of an organizational nature occurs when the order established by the employer is violated (absenteeism, being late for work, etc.);

c) the damage suffered by the employer must be a direct consequence of the employee’s violation of labor duties, and vice versa, the cause of the damage must be the employee’s unlawful behavior, i.e. there must be a cause-and-effect relationship between the employee’s misconduct and the resulting damage to his employer;

d) the employee’s actions must be culpable, i.e. committed intentionally or through negligence. If there is no fault in the employee’s behavior in any form, then there is a case that does not give the employer grounds to apply disciplinary action to him. It is impossible to fire an employee for absenteeism due to being late from vacation due to the cancellation of flights due to meteorological or technical circumstances, confirmed in the prescribed manner.

3. Unlike the list given in Art. 191 of the Labor Code of the Russian Federation, the list of disciplinary measures is exhaustive for the vast majority of employers and employees. Only in certain sectors of the economy where charters and regulations on discipline approved by federal law are in effect, additional disciplinary measures can be applied to employees. This is due to the increased public danger of unlawful behavior by workers in these industries. List of current ones.

For example, the Charter on the discipline of crews of support vessels of the Navy, approved. Decree of the Government of the Russian Federation of September 22, 2000 N 715, and the Charter on the discipline of maritime transport workers, approved. Decree of the Government of the Russian Federation of May 23, 2000 N 395, in addition to the penalties listed in the commented article 192 of the Labor Code of the Russian Federation, provides for the announcement of a severe reprimand and warnings about incomplete official compliance.

Charter on discipline of fishing fleet workers Russian Federation, approved Decree of the Government of the Russian Federation of September 21, 2000 N 708, in addition to the above-mentioned disciplinary measures, provides for the possibility of confiscating diplomas from captains and officers of the fishing fleet for a period of up to three years. Such confiscation of diplomas is possible for violation of labor discipline, which creates a threat to the safety of navigation, life and health of people at sea, pollution environment, as well as for gross violation of fishing rules (clause 20 of the Charter).

Regulations on employee discipline railway transport RF, approved Decree of the Government of the Russian Federation dated August 25, 1992 N 621, provides for the possibility of depriving a driver of a license to operate a locomotive, and an assistant driver of an assistant driver’s certificate. The driver may be deprived of his license to drive a locomotive for a period of up to one year for committing an offense that led to a crash or accident, as well as for appearing at work while drunk, in a state of toxic or narcotic intoxication (Part 2, Clause 16 of the Regulations).

4. Employers may not establish or apply any additional types of disciplinary sanctions. Part 3 of the commented article 192 of the Labor Code of Russia provides for the establishment of disciplinary measures only by federal laws (the charters and regulations on discipline approved by them). Consequently, any attempts by other subjects of regulation of relations in the sphere of labor to establish additional types of disciplinary sanctions should be defined as illegal.

5. Disciplinary sanctions can only be applied for violations of labor discipline, i.e. failure by the employee to comply with established rules in the labor process. If damage is caused to the interests of the employer outside of working hours or when not performing duties under the employment contract, the employee cannot be subject to disciplinary liability. The Plenum of the Armed Forces of the Russian Federation did not include among the disciplinary sanctions the case of dismissal of employees for the commission by a person performing educational functions, immoral act, incompatible with the continuation of work (clause 47 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation Labor Code Russian Federation"). In this regard, one should take into account the provision of Part 3 of the commented Article 192 of the Labor Code of the Russian Federation, which states that dismissal for committing an immoral offense by a person performing educational functions, or the commission of guilty actions by an employee directly servicing monetary or commodity assets, as This type of disciplinary sanction can only be applied if these actions were committed in connection with the performance of work duties by employees.

Dismissal is a special type of disciplinary sanction. In this case, the employer exercises its right to terminate the contract if the other party fails to fulfill its obligations under it. Currently, dismissal as a disciplinary measure should include those carried out on the grounds provided for, and. In addition, dismissal is possible on the grounds formulated in paragraphs 7 - 8 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, in the event of an offense being committed at the place of work and in connection with the performance of work duties by the employee. Not all of the listed grounds for dismissal are enshrined in the commented article, but it must be taken into account that the legislator provides an approximate list without indicating its exhaustive nature.

6. It is necessary to distinguish between disciplinary measures and disciplinary measures. The list of the former should be directly provided for in federal laws (currently in acts of the Government of the Russian Federation). The latter can be installed in local regulations. Disciplinary measures cannot be offensive to the employee or cause damage to his honor and dignity. These include:

a) deprivation of the bonus in whole or in part, provided by the system remuneration in the organization for the period in which the disciplinary offense was committed;

b) restriction of the use of social and cultural facilities owned by the employer;

c) reduction in the amount or non-payment of remuneration based on the results of the organization’s work for the year;

d) appointment of extraordinary certification, etc.

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. Selectable only certain type and on the basis of it an order is issued. 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 accident;
• 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 lenient 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 not only will you have to search for a new job, but also difficulties in finding a job 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 in 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 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 does not have the right to impose any type of punishment without requiring an 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.

The appeal is carried out within 3 months after the decision disciplinary sanctions, in case of dismissal, this period is reduced to one month. To do this, you should contact the labor inspectorate, service commission or labor disputes, or to 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.

The responsibilities of each employee include the proper fulfillment of his labor obligations, which are specified in the contract and the rules of the enterprise. However, unforeseen circumstances can often occur that will result in a disciplinary offense.

The Labor Code of the Russian Federation provides for penalties in such cases, which are considered disciplinary sanctions. Can be used by employees and material types punishments. However, the Labor Code of the Russian Federation has a number of features that may cause financial liability. Let's take a closer look at all the nuances.

What types of disciplinary actions can be taken against employees?

In addition to incentives, the Labor Code of the Russian Federation provides employees with certain penalties for violating their duties or the law. Their types are as follows:

• comment;
• rebuke;
• dismissal.

The Labor Code of the Russian Federation defines the simplest of them as a remark. It consists of a verbal warning to the employer for the employee’s misconduct, or can be issued as an order. A reprimand may be used for more serious violations and is formalized.

In case of systematic receipt of this type of punishment, information about this is indicated in the work book. The most severe type is dismissal, which is provided for employees who violate labor regulations and the Labor Code.

Types of disciplinary sanctions and the procedure for their application

The types of disciplinary sanctions under the Labor Code of the Russian Federation, which have legal grounds, were indicated above. However, enterprises may often be subject to material penalties, the application of which is not always provided for by law. These include:

• fines;
• deprivation of bonus;
• bringing to financial responsibility;
• temporary reduction of the social package.

Their use is only possible in some individual cases, for example, material liability occurs when the property of the enterprise is damaged. Regarding fines, the Labor Code prohibits their use, otherwise the employer faces administrative liability, and in some cases criminal liability.

The procedure for applying punishment to employees is that it can be applied to the employee within a month, and after the discovery of the offense. Vacation and sick leave time is not included here. The penalty is applied no later than 6 months according to Article 193 of the Labor Code of the Russian Federation. In connection with the audit and the rendering of a decision on it, due to audit the period is increased to 2 years.

Such offenses cannot be detected immediately, which is why the term is much longer. If the specified period has passed, the law does not provide for holding the employee accountable.

For one offense only one type of punishment is applied. The application procedure is based on the drawing up of an order by the employer, the predecessor of which is an explanatory note from the employee.

The most severe type of disciplinary action

The most severe form of punishment is dismissal. It is possible with repeated violations of discipline, or with gross misconduct, such as:

• systematic absenteeism;
• disclosure of secrets;
• alcohol or drug intoxication;
• actions that resulted in an accident or accident;
• theft.

Each item may have its own specific facts and nuances. Dismissal under this article (Article 193 of the Labor Code of the Russian Federation) can have quite serious consequences. First of all, this is an entry in the work book, after which it is not easy to find new job, and even more so to prove your innocence in the current situation.

Sample order to apply a disciplinary sanction in the form of a reprimand

As previously mentioned, the procedure for formalizing a disciplinary sanction consists of drawing up an order, which is resolved only after the employee’s guilt has been proven. A sample reprimand order is not provided for by law, but must contain the following information:

• name of company;
• number, date and name of the order;
• the reasons for its preparation and the type of violation;
• grounds for issuing a reprimand;
• person responsible for execution;
• signature of the leader and the offender, seal.

A sample can also be provided at the enterprise itself, since it is usually developed individually in a specific organization.

What types of disciplinary sanctions are applied to military personnel?

Disciplinary sanctions may be applied to military personnel in accordance with Article 75 of this Charter. They are as follows:

• a severe reprimand or entered into a personal file;
• ban on layoffs;
• outfits out of turn (up to 5);
• early dismissal from service;
• determination for the position below;
• reduction in rank;
• disciplinary arrest or correctional labor.

In addition to non-material punishments, military personnel may also lose their units. Money, which include one-time payments and various quarterly bonuses. In addition, the serviceman is recorded with this negative information in his personal card.

Therefore, you should be careful about your job responsibilities, follow the order of their actions, otherwise there is a possibility of receiving a disciplinary sanction, which may negatively affect further work at the enterprise.

For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline (part five of Article of this Code) may also provide for other disciplinary sanctions for certain categories of employees.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of the first part of this Code, paragraph 1 of the article or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of the first part of this Code in cases when guilty actions giving grounds for loss of trust, or, accordingly, an immoral offense were committed by the employee at the place of work and in connection with the performance of his job duties.

The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

Commentary to Art. 192 Labor Code of the Russian Federation

Judicial practice under Article 192 of the Labor Code of the Russian Federation

Determination of the Constitutional Court of the Russian Federation dated November 4, 2004 N 343-O

However, in contrast to the benefits provided upon termination employment contract at the initiative of the employer to other categories of employees with family responsibilities(Part three of Article of the Labor Code of the Russian Federation), the ban on dismissal of a pregnant woman from work at the initiative of the employer is significantly limited in time. In addition, the article of the Labor Code of the Russian Federation provides for other - in addition to dismissal from work - disciplinary sanctions that the employer, exercising its competence to make personnel decisions, has the right to apply to a pregnant woman if she commits a disciplinary offense.

An article of the Labor Code of the Russian Federation provides that for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

Comment;

Rebuke;

In accordance with Art. Labor Code of the Russian Federation for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply one of the following disciplinary sanctions to him: reprimand, reprimand, dismissal on appropriate grounds.

G. filed a lawsuit against OAO CITY for the recovery of wages in the amount of 31,578 rubles. 95 kopecks, compensation for unused vacation for 2002 - 2003 in the amount of 65,874 rubles. 53 kopecks, compensation for delay in payment of funds in the amount of 8,728 rubles. 91 kopecks, compensation for early termination of the contract in the amount equivalent to 100,000 US dollars, compensation for delay in payment of funds under the contract in the amount of 219,610 rubles. 27 kopecks, compensation for moral damage in the amount of 100,000 rubles and expenses for paying for the services of a representative in the amount of 91,000 rubles. She also asked that the wording of the reason for her dismissal be recognized as incorrect and not in accordance with the articles of the Labor Code of the Russian Federation and changed to Part 1 of Art. Labor Code of the Russian Federation and clause 1 of Art. 7 of the Contract.

As for the provisions of articles , and the Labor Code of the Russian Federation, then, formally appealing their constitutionality, G.G. Galeeva, in fact, expresses disagreement with the legality of her dismissal from work and the court decisions made in her labor dispute. Meanwhile, the resolution of this issue, including verification of the correct interpretation of the norms that were to be applied in the applicant’s case, the legality and validity of court decisions made on their basis based on the results of establishing and examining factual circumstances, by virtue of Article 125 of the Constitution of the Russian Federation and Article 3 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” is also not within the competence of the Constitutional Court of the Russian Federation, but refers to the powers of higher courts of general jurisdiction.

30. In accordance with the article of the Labor Code of the Russian Federation, disciplinary sanctions are applied by the employer to the employee for failure to perform or improper performance by the employee, through his fault, of the labor duties assigned to him.

Disciplinary sanctions may be imposed on judges by the qualification boards of judges for committing disciplinary offenses expressed in violation of the norms of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” (as amended on December 15, 2001), as well as the provisions of the Code of Judicial Ethics.

ARTICLES OF THE LABOR CODE OF THE RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleandrova, A.L. Kononova, L.O. Krasavchikova, V.O. Luchina, Yu.D. Rudkina, N.V. Selezneva, V.G. Strekozova, O.S. Khokhryakova, B.S. Ebzeeva, V.G. Yaroslavtseva,

List of disciplinary sanctions enshrined in Art. The Labor Code of the Russian Federation does not provide for the application of such a penalty for violation of labor discipline as transfer to another job.

The Labor Code of the Russian Federation defines in Article 4 the work the performance of which does not constitute forced labor.

Currently, this constitutional provision is implemented in Art. The Labor Code of the Russian Federation, which establishes a list of disciplinary sanctions that the employer has the right to apply: 1) reprimand, 2) reprimand, 3) dismissal on appropriate grounds.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.

Representative of the interested party of the Government of the Russian Federation Makarov D.Yu. objected to the satisfaction of the complaint and explained in court that the deprivation of the driver’s certificate for the right to drive a locomotive, motor-car rolling stock, special self-propelled rolling stock, the driver’s certificate for the right to drive a trolley, the assistant driver of a locomotive, motor-car rolling stock, special self-propelled rolling stock composition - certificate of an assistant driver, assistant driver of a handcar - certificate of an assistant driver for a period of up to three months or up to one year, with transfer with the consent of the employee to another job for the same period is a type of disciplinary sanction. The right to establish additional disciplinary sanctions in comparison with labor legislation in the regulations on discipline is provided for in Art. Labor Code of the Russian Federation.

How does an employer have the right to punish a guilty employee, and when can a sanction be appealed?

No one is immune from mistakes during the performance of their work duties.

Often, an employee’s oversight costs the company dearly. In this material we will talk about liability for violations in the service and explain what to do if you are punished or fired under the article.

In what cases is disciplinary action applied?

A disciplinary sanction is a punishment that is imposed on an employee due to his violation of the rules of labor discipline.

Violation of labor discipline - non-fulfillment or improper fulfillment by an employee of the duties prescribed in the employment agreement.

In addition, sanctions are also imposed in situations where a citizen:

• violated his job description or requirements of internal local acts of the organization (for example, ignored the order of the boss);
• committed an action prohibited by work instructions or other regulatory documents;
• does not comply labor discipline(constantly late or does not come to work at all).

The punishment in each specific case is determined depending on the severity of the offense.

Is not disciplinary violation and refusal is not subject to punishment:

• carry out personal instructions from the manager;
• participate in social work, including in clean-up days, rallies and demonstrations;
• fulfill additional functions not specified in the employment agreement;
• commit illegal actions.

A strike is also not considered a violation if it is carried out in accordance with legal norms.

Types of disciplinary liability

The Labor Code of the Russian Federation identifies three main types of disciplinary punishments:

1. Comment

   A reprimand is considered the mildest sanction. It is usually used if the employee has committed a violation for the first time, and his offense is not very serious (for example, he was late for work once).

2. Rebuke

   A reprimand is issued for a more serious offense and is issued in the form of an order. Although legally a reprimand is a more severe punishment than a reprimand, in practice they are not much different and entail the same consequences.

3. Dismissal

   Serious misconduct may result in disciplinary action in the form of termination of the employment contract (dismissal).

If a second reprimand occurs within one year, the employee may be fired.

In organizations with a developed system of material incentives, additional penalties are applied to offending employees. The violator is partially or completely deprived of salary increases or bonuses for a certain period of time (usually a month).

The following violations will be grounds for removal from office:

• committing an immoral offense that resulted in loss of trust (for example, theft in the workplace, damage to the employer’s property);
• refusal to carry out orders and instructions from superiors, dishonest performance of labor duties;
• making confidential information public;
• systematic lateness and absenteeism, unauthorized leaving work before the scheduled time;
• violation of labor safety standards and regulations, which caused serious consequences (injury or death of a person);
• showing up at the workplace in an inappropriate state (drunk or under the influence of drugs)
• other situations provided for by current legislation.

In order to impose disciplinary action, the incident must be properly recorded.

It will not be possible to hold the guilty employee accountable if the documents are filled out incorrectly.

For some categories of workers - military personnel and civil servants - there are special charters and discipline regulations established by the relevant federal laws. Therefore, additional types of disciplinary liability are provided for them.

Procedure for imposing punishment

The imposition of disciplinary action occurs in several stages:

1. Recording the fact of violation of labor regulations

   The incident is documented by drawing up an act, a memorandum, or a decision of the disciplinary commission.

2. Explanations of the violator

   After everything is recorded, it is necessary to request a written explanation from the culprit indicating the reasons for his offense. Such a requirement is drawn up on paper and handed over to the citizen personally against signature.

3. Deciding on guilt and choosing the method of punishment

   At this stage, all collected documents are assessed and the severity of the offense committed is determined. Circumstances that may mitigate the guilt of the offender are also taken into account.

Refusal of the employee to sign the request or failure to provide it within 2 business days explanatory note is recorded by the relevant act.

If the culprit provided an explanatory note on time, it is attached to the rest of the case materials and will be considered by the employer.

If the employee provides written explanations and reasons that the employer considers valid, no punishment will follow. Otherwise, the note will become the basis for the imposition of a penalty.

It must be remembered that if the evidence collected regarding the commission of a violation is insufficient, then the employer cannot apply disciplinary action. This will be considered a violation of the rights and freedoms of the worker.

Order to impose a disciplinary sanction

If, based on the results of the consideration of the case, the administration decided to apply a disciplinary sanction to the violator, this is formalized by the corresponding administrative act - an order.

Sample order for disciplinary action

The document must contain the following information:

• personal data of the employee, position and name of the organizational unit to which he belongs;
• description of the incident with references to the norms violated (names and paragraphs of the relevant documents);
• conclusions about the severity of the incident and the presence of the employee’s guilt;
• type of punishment;
• grounds for penalty (details of the documents that recorded the violation).

Note!

The completed order and signed by the manager is delivered to the employee within three working days (against signature). If the culprit refuses to sign the document, a report is drawn up.

IN work book There is no need to enter information about comments or reprimands.

It should be noted that not only ordinary employees, but also company managers subordinate to the main employer can be held liable for official violations. The procedure in this case is as follows:

1. an authorized representative on behalf of employees (most often a trade union) submits a statement to the parent organization about violations committed by the head of the organization or his deputies;
2. the application is considered, after which the decision is communicated to the applicants;
3. If violations are confirmed, the main employer applies disciplinary sanctions to the perpetrators, up to and including dismissal.

Only one disciplinary punishment is imposed for one offense.

Deadlines for imposition and actions of penalties

Disciplinary punishment may be imposed within one month from the moment the fact of violation is discovered, but no later than six months from the moment it was committed. This period does not include the time the employee is absent from work for valid reasons (for example, being on sick leave, on vacation, or on a business trip). The time of investigation of a criminal case initiated on the basis of a violation is also not included in the general period of limitation for the offense.

If a violation is identified during an audit or revision, the specified period is extended to two years.

The period of validity of a disciplinary sanction is one year from the date of issuance of the order to impose it.

If the employee commits another offense, this period is extended until the end of the last punishment.

Upon dismissal, the disciplinary sanction will be indefinite and cannot be cancelled. However, it can be terminated by the labor dispute commission, reinstating the employee in his position.

In addition, a fired person can be rehired at the enterprise, but in a different department. In this case, it is considered that he has no recovery.

How is a disciplinary sanction lifted?

It is canceled automatically or at the initiative of the employer.

In the first case, the punishment is canceled exactly one year from the moment it was imposed (Article 194 of the Labor Code of the Russian Federation). The main condition here is that the employee does not have any other labor violations during the year.

Note!

If the punishment period has expired, the employee is considered to have no disciplinary sanctions.

An employer may cancel a sanction early:

• on your own initiative;
• at the request of the guilty employee;
• at the request of his immediate superior;
• at the request of a trade union or other representative body.

Transfer to another position is also grounds for lifting disciplinary punishment.

Early withdrawal is formalized by an order on which the employee must sign.

Consequences for the employee

If during the validity period of a disciplinary sanction an employee commits another violation, the employer has the right to dismiss him.

The violator may be deprived of any additional material payments if this is provided for by internal regulatory documents organizations.

How to appeal?

If a disciplinary sanction has been imposed on you, you have the right to challenge the employer’s decision in the relevant authorities. You can do this in the following cases:

• guilt is absent or not proven;

• you were not asked for written explanations;
• the penalty was imposed repeatedly for one offense;
• the deadlines for applying the sanction have been violated;
• other procedural requirements were not met (the order was incorrectly executed, documents confirming a valid reason for committing a violation were not taken into account, etc.).

Deadlines for appeal:

• ten days from the date of imposition of punishment - to the commission created to investigate the case. The decision on the application submitted by the employee is made by secret ballot. Based on its results, the sanction is canceled or maintained;
• three months from the date of issuance of the order to impose a penalty - to the state labor dispute inspectorate and to the court. The specified period is extended if there are documented good reasons(for example, sick leave).

The labor inspectorate is an intermediate body whose task is to analyze the actions of workers and employers for compliance with labor legislation.

After submitting your application Labour Inspectorate checks the employer. If it is determined that he does not comply with the requirements established by law, the employee's request is granted.

If the labor dispute inspectorate does not resolve the issue, the employee has the right to file a claim in court.

During the court hearing, all case materials collected by the parties will be considered, as well as the testimony of witnesses will be heard.

There is no special form for a statement of claim to challenge a disciplinary sanction, so when drawing it up you need to be guided by general requirements Code of Civil Procedure of the Russian Federation. The text of the document must include:

• information about the plaintiff (full name, address, telephone number) and about the defendant (name of organization, address, telephone numbers);
• description of the circumstances of the case: grounds for imposing a disciplinary sanction, why you do not agree with it, etc.;
• a claim (for the removal of a disciplinary sanction) indicating the motives and references to the norms of the Labor Code of the Russian Federation;
• application. Here you need to list all the documents attached to the claim;
• signature of the applicant and date of filing the claim for consideration.

The following documents are attached to the claim:

• documents - the basis for your requirements;
• copies of the application itself and all papers - according to the number of participants in the process;
• a document confirming the rights of the representative (if the claim is not filed by the applicant himself).

Summary

Depending on the severity of the consequences of the official misconduct, you may be reprimanded, reprimanded, or even fired. If in the first two cases an entry is not made in the labor record, then in the event of dismissal under the article you are unlikely to be able to find Good work in future.

If you believe that you have been punished undeservedly, the employer’s decision can be challenged - the law allows workers to defend their innocence, honor and good name in all lawful ways.

In order to find out what the right thing to do is to appeal the punishment or accept your fate, it is better to seek advice from an experienced lawyer.