Disciplinary action. Types of disciplinary action

Labor relations don't always go smoothly. Employees, for various reasons, commit misconduct related to the performance of work duties. In this case, the employer applies disciplinary measures to the employee. Most often, or a reprimand, but sometimes it comes to dismissal. There are other ways to punish a guilty staff member. The disciplinary sanction is valid for a year if it is not lifted earlier, or the employee is not subject to another punishment.

What is disciplinary punishment

In the process of working, the employee is obliged to fulfill the job duties assigned to him, to preserve the property of the employer and to comply with the established schedule. If these requirements are not met, the employee is punished. The term of the disciplinary sanction is one year, and it is imposed for a misdemeanor related to labor activity.

To include:

• non-fulfillment job duties;
• negligent or incomplete performance of the assigned work;
• non-observance of the established work schedule - being late, absenteeism, leaving the workplace ahead of time;
• damage to the property of the employer;
• disclosure of commercial secrets;
• violation of safety rules, regardless of the consequences;
• non-compliance with the instructions for using the equipment;
• refusal to improve qualifications or training, if this is provided for by the job description or the standard of the profession.

Depending on the field of activity and the specifics of production, the procedure for applying disciplinary sanctions and the list of violations will change. They must be necessarily spelled out both in the collective labor agreement and in individual instructions for positions and types of activity.

Types of disciplinary action

If we take as a basis, then disciplinary sanctions include:

• dismissal;
• rebuke;
• comment.

It is in this very simple wording that they should be written into the corresponding order. Inexperienced employees personnel services sometimes the names are changed, in which case the employee can appeal the order, indicating that only one of the list is a disciplinary sanction. And the commission on labor disputes in this case, it will be on the side of the staff.

What is not a disciplinary offense

Not all types of violations can be attributed to disciplinary offenses. Sometimes workers do not perform their duties, fearing punishment from the management. It should be remembered that any job function must be spelled out in the contract. Disciplinary actions include reprimand and reprimand, and they are applied for the violations already indicated.

It is not a disciplinary offense and is not subject to recovery:

• the employee's refusal to carry out the personal order of the employer;
• disagreement of an employee to carry out public work, including absenteeism for subbotniks, demonstrations and rallies;
• giving up additional work if this obligation is not specified in the contract;
• employee disagreement to perform actions that contradict the law;
• refusal from any work not expressly stated in the employment contract;
• a strike, if it is carried out in accordance with the norms of the law.

The procedure for imposing a penalty

Punishing an employee requires clear rules to be followed. It has already been mentioned above that a disciplinary action is a reprimand or reprimand. But dismissal is not used as often as other types, but it requires much more responsibility from the staff of the personnel service.

To comply with the law, the following procedure for applying disciplinary sanctions is applied:

1. Execution of documents proving the fact of a misdemeanor. This is a time consuming but required step. It is necessary not only to know about the violation, but also to be able to prove its fact. As a base, testimony of two or more members of the work collective, recordings of surveillance cameras, written complaints from customers, expert review... Mandatory on the discovery or commission of a violation labor discipline... The employee gets acquainted with him under the signature.
2. An explanatory note must be taken from the employee on whom the penalty will be imposed. This document is required for various reasons. The employee is given a chance to justify himself, and maybe the reason will be recognized as valid. It is possible to mitigate punishment or reveal new facts. The employee may not provide a written explanation. In case of his refusal, an appropriate act is drawn up.
3. Drawing up a draft order. He wears a loose fit. But for a disciplinary sanction, dismissal is issued unified order termination of the employment contract.
4. Signing the order by the head and bringing it to the attention of the employee. If the employee refuses to leave a signature, it is necessary to draw up an act and make an appropriate note in the document.

It should be remembered that a disciplinary sanction is applied no later than six months after the violation was committed and no later than one month from the date of its discovery. The calculation of this time does not include days of vacation, illness, business trips, and all other periods of time when the employee was absent from the workplace for a good reason. In addition, the time of consideration of documents on recovery by a representative body or trade union is taken into account.

It is important to know that one type of penalty can be imposed on an employee for one offense. It is unacceptable to first reprimand an employee for being late, and then fire him for him.

Collection documents are stored in a separate folder, apart from other papers on personnel. The term of their storage is the same as the usual term of the collection, upon expiration of the validity, all acts, letters, explanatory and memorandum notes and orders are subject to destruction. Copies can be attached to a personal file, but they should be deleted at the end.

Duration of disciplinary sanctions

The term of the disciplinary sanction is 12 months from the date of the order. If the employee commits another offense, then this period is extended until the end of the last one.

The last measure of punishment for an employee is dismissal. In this case, the action of the disciplinary sanction is unlimited and cannot be canceled by the administration. However, it can be terminated by the labor dispute committee and reinstated in office. A dismissed employee may be recruited to an enterprise in another division and on different conditions, in which case he is considered uncollectible.

A disciplinary sanction may be terminated early. However, it is not recommended to reduce it by less than six months.

An order to impose a disciplinary sanction - what is the difference from other types of orders on personnel

An employee who has committed a misdemeanor is subject to disciplinary action in the form of a remark, reprimand, or, as a last resort, dismissal. Various documents are drawn up: protocols, acts, reports and explanatory notes, letters of complaint, etc. But the main one is the order.

Most of the documents related to personnel are unified. They are brought to a single form for convenience and simplification of work. However, orders for a reprimand or remark are issued freely. This is due to the fact that it is not possible to bring all variants of violations to a single form, they are specific for each organization.

Early withdrawal of a foreclosure

The disciplinary action usually lasts for a year. But it can be reduced:

• on the personal initiative of the employer;
• at the personal request of the employee;
• at the request of a trade union or other representative body;
• at the personal request of the employee's immediate supervisor.

The employer can at any time apply the Sample order or order will be similar to other non-unified personnel documents.

The employee himself can ask for the early removal of the remark or reprimand. In this case, they write and attach a statement. The same documents are drawn up by the trade union and the head of the department. In the event of early withdrawal of the penalty, it will be considered that the employee did not have it. All supporting documents are destroyed.

Personnel appeal against disciplinary action

The employee has every right to appeal the collection. To do this, he should contact the district commission by decision. Further consideration of the case may be submitted to the prosecutor's office or the court. If the employer made gross mistakes in paperwork, or overlooked any stage, then the court's decision will be on the employee's side. In case of recognition of the collection as invalid, all documents about it are subject to destruction. If the employee was fired, then he is reinstated in his previous position. At the same time, he is paid compensation for all days missed at work in the amount of average earnings.

Dismissal is the last disciplinary measure

Of the three types of disciplinary punishment, dismissal is indefinite and often irreversible. This penalty is usually applied as a last resort, when the employee's misconduct is incompatible with the further performance of his job duties.

Misconduct leading to dismissal may include:

• one-time gross violation of the prescribed labor discipline and working rules;
• truancy without good reason;
• absence of an employee from the workplace for four or more hours without a valid reason;
• actions that resulted in injury or death;
• employer, including those related to insufficient competence;
• theft at the workplace of both the property of the employer and other employees, in addition, in this case, a criminal case may be instituted on behalf of the enterprise;
• administrative offenses that do not directly affect the work, but worsen the company's image;
• actions defaming the employer;
• dissemination of confidential and classified information;
• gross non-compliance with work ethics and subordination;
• direct refusal to fulfill the duties specified in the contract;
• participating in a strike without following the procedure prescribed by law.

In case of dismissal for a misdemeanor or other culpable act, the employer should approach the paperwork as responsibly as possible. In this case, a clear conflict of interest arises, and the employee may consider such a punishment unlawful. In case of violations of the procedure for imposing a penalty, he may be reinstated in office by the court or labor inspectorate.

First of all, personnel service employees should prepare testimonies confirming the employee's guilt. These must be two or more members of the work collective, and they must be witnesses of the misconduct. Documented expert opinions... You should also use any confirming misconduct, technical materials: recordings from CCTV cameras, auto-registration indicators, photos of the workplace with date and time.

A written explanation of the misconduct must be requested from the employee. This document, together with others, is sent to the representative body. They must decide on the legality of the punishment of dismissal.

The last document is an order or order, its form is unified. An appropriate entry is made in the work book, with the wording from the labor code and the obligatory reference to the article.

Consequences of disciplinary punishment for the employee and the employer

All disciplinary measures inflict not only economic but also psychological harm on personnel. After receiving the first comment, there may be a significant decline in labor enthusiasm and an even greater deterioration in production performance.

However, such a negative incentive can have a positive effect in the future. The employee begins to take a more responsible attitude to the production process, monitors the working regime and improves his skills.

The employer should consider how this or that type of punishment will affect production process... Do not punish employees for the slightest minor offense. Being late for a couple of minutes is a reason to express dissatisfaction, but not so significant as to make an official reprimand. As a result, an employer who abuses punishment develops a bad reputation in the labor market and finds it increasingly difficult to find new employees.

Disciplinary action affects both the employee and the organization. Employees should understand that such a measure is often forced and almost always temporary. With continued discipline, the sentence will last for a year, or maybe less.

The duration of the disciplinary sanctionlimited, and as soon as it passes, the collection itself is considered lifted. What are the limitations in the law on the duration of a disciplinary sanction and how they affect the position of an employee in the company, you will learn from our article.

What a disciplinary action can be

The Labor Code of the Russian Federation establishes several types of sanctions that can be applied in any field of activity for violation of labor discipline. Here they are (according to the norms of Art. 192):

• comment,
• rebuke,
• dismissal.

The same article states that other sanctions can be used for certain categories of employees, and they can be established not only by law, but also by charters, regulations and other regulations... So, for military personnel and employees of internal affairs, such additional types foreclosures as:

• severe reprimand
• warning about incomplete service compliance,
• transfer to a lower position (for a military man - a demotion).

WITH complete list possible sanctions for such categories of employees can be found in the Federal Law "On Service in the Internal Affairs Bodies of the Russian Federation" dated 30.11.2011 No. 342-FZ and the Disciplinary Charter of the Armed Forces of the Russian Federation, approved by the decree of the President of the Russian Federation dated 10.11.2007 No. 1495.

WITH The fate of the disciplinary action under the Labor Code of the Russian Federation is 1 year

The moment when you can forget about collection is spelled out in Art. 194 of the Labor Code of the Russian Federation. If the employee who was involved in disciplinary responsibility, during the year there were no complaints, the collection receives the status of canceled; moreover, this happens automatically, that is, the personnel officer does not need to perform any additional actions. In other words, the duration of the disciplinary sanction is 1 year.

Don't know your rights?

With the dismissal, the situation is a little different. The fact is that when bringing to disciplinary responsibility, a record of this is usually made in the employee's personal file, and an order is issued that operates within the organization. Upon dismissal, a record on the application of a penalty is entered into work book(it is the basis for dismissal) and in the future this remains there even after the disciplinary sanction is lifted.

In this regard, the following practice has appeared: as soon as the collection ceases to be effective, a person applies to the labor dispute commission to change the entry in the labor. However, there is one more nuance: with dismissal, they stop labor Relations and hence disciplinary responsibility. Consequently, the term of the sanction in the form of dismissal as such does not seem to exist ... So there is a place for different interpretations of the law and the emergence of disputes.

As for the types of penalties that are provided for in sources other than the Labor Code of the Russian Federation, the procedure for their application and validity periods may differ.

The employer's right to independently remove penalties

Norm h. 2 tbsp. 194 of the Labor Code of the Russian Federation allows the employer to remove the penalty from the offending employee before the deadline specified in the law. This can happen if:

• the employer himself noticed improvements in the performance of work duties and took the initiative;
• such a request was made by a staff member;
• the direct supervisor requested this;
• such a requirement was put forward by the trade union.

It should be noted that the employer can only reduce the period during which the disciplinary sanction is in effect, but not increase it in any way. Such a withdrawal of the penalty is drawn up by order, and unified form here it is not, therefore in each company the corresponding order is drawn up by the personnel officer only on the basis of the available experience and knowledge.

Consequences of the expiration of the term of the penalty

While the disciplinary sanction is in force, the commission of a new violation by an employee entails more serious consequences for him. For example, clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, one of the sufficient grounds for dismissing an employee considers his failure to fulfill his duties, provided that he has a valid disciplinary sanction. True, it is only the employer who decides whether to apply stricter measures to an employee who already has a penalty. He can use this right - and then, following the reprimand, the employee can be fired, or he can give the employee another chance by announcing a second reprimand. The term of the reprimand in this case will be counted from the moment of the announcement of the last penalty.

As soon as the penalty is lifted (even if automatically, even ahead of schedule), it is no longer possible to apply the consequences of a repeated violation of labor discipline. But this does not mean that the employer should always turn a blind eye to previous violations - this may well be taken into account when choosing the type of penalty. For example, instead of a verbal remark, an employee may be reprimanded. However, this is a subjective approach that does not meet the norms of the law, and, accordingly, can be challenged if the employer does not voice other reasons for his choice.

By general rules a disciplinary sanction is in effect for a year after its imposition. After which it is automatically removed, although the manager can do this earlier. While the penalty is in effect, it may serve as a pretext for toughening liability for subsequent violations committed by the same employee. At the same time, after the change of work, penalties issued at the previous place of business cannot be used by the new employer.

If an employee has committed a misdemeanor, then the employer has the right to apply to him disciplinary action provided by law. Disciplinary action shall be applied no later than one month from the day the offense was discovered.

What can they be punished for?

As a disciplinary offense, for the commission of which the employer has the right to punish the employee, the legislator classifies:

• non-fulfillment of labor duties through the fault of the employee;
• performing work duties in an improper way (this should also be the employee's fault).

The company's management needs to know what is not a disciplinary offense:

• any violations on the part of the employee that are not related to his labor duties;
• if in the negative circumstances that have arisen there is no fault of the employee;
• if there is no causal relationship between the violation of duties by the employee and the resulting negative consequences.

A disciplinary sanction cannot be applied later than one month from the day the violation was discovered.

The legislator has determined that the day the misconduct was discovered is the day when the employee's manager (the one to whom the offender is subordinate at work) became aware of the misconduct. It does not matter whether the manager (the one who discovered the misconduct) has the right to take disciplinary action. This means that if the management found out that his employee committed an offense, after one month, then it will no longer be able to punish him for this offense. The application of a penalty in this case will be illegal, and the employer himself may be held liable with the imposition of large fines on him.

What measures can be taken?

Disciplinary liability in labor law provides for the following types of penalties:

• remark (the mildest punishment);
• rebuke;
• dismissal (the most severe punishment).

For some employees, the law also provides for other types of punishment. A severe reprimand may be applied to customs officers, and to employees of the prosecutor's office - deprivation of a badge, demotion in class rank.

What is the duration of the disciplinary action?

The reprimand and remark made to the employee are valid for a year. After the expiration of this period, the penalty is automatically lifted. But if, within a year, the employee committed a violation again and a penalty was applied to him, then the period for removing the penalty begins to be counted again. The date of the new countdown will be the date of the order on the application of the next collection.

If the employee does not commit any misconduct within a year, then the measures applied to him are automatically removed and the employee will be considered as having no penalties.

It is the employer's prerogative to remove the penalty ahead of schedule. The punishment can be lifted both at the initiative of the employer and at the request of the offender, his immediate supervisor, or even at the request of the representative body of workers

To summarize: the disciplinary sanction is valid throughout the year.

Application of foreclosure

Before the employer takes action against the employee who committed the violation, the employee must be given an opportunity to explain. The employer must require the employee to write explanatory note... If the employee refuses to explain, then after two days the management has the right to draw up an act about this. On the basis of an explanation or an act of failure to provide an explanation, management must issue an order on the application of the disciplinary sanction it has chosen. This document must be announced to the violator against signature within three working days. The absence of an employee is not included in these days. If the employee refuses to familiarize himself with the order and affix a signature on the order, then the management should draw up an act about this.

As a reminder, a disciplinary sanction cannot be applied later than one month from the day the violation was discovered.

Violations of labor discipline or unfair performance by employees of their duties are phenomena that leaders of organizations have to deal with quite often. You can read about the types of disciplinary sanctions in the Labor Code of the Russian Federation and the procedure for their application in our article.

Cases of violation of labor discipline in any organization, of course, must be suppressed, and offenders, in turn, must bear disciplinary responsibility. As practice shows, many managers of commercial firms are quite subjective about the punishment of the offending employee, without taking into account the circumstances and the severity of the offense. In addition, organizations often have an opaque system of both fines and incentives, which is not documented, and punishments are imposed on employees literally “in words”, without appropriate formalization. There are also managers who abuse disciplinary measures at all, thereby manipulating their subordinates, thereby fundamentally violating labor laws.

Important! Any disciplinary punishment imposed on unlawful grounds can be challenged by an employee in court.

Types of disciplinary action

The Labor Code of the Russian Federation provides for the application of three main types of disciplinary sanctions:

• comment,
• rebuke,
• dismissal on certain grounds.

Other types of punishments (for example, fines, depreciation and others) can be applied only if they are spelled out in the organization's regulations.

The use of disciplinary sanctions not provided for by legislative acts and discipline regulations is not allowed!

In addition to the main types, disciplinary sanctions also include dismissal on the basis of a negative action (for example, absenteeism, gross or systematic violation of discipline, disclosure of secrets protected by law, theft at the workplace and others, Article 81 of the Labor Code of the Russian Federation).

When Disciplinary Action May Be Applied

The main cases of the application of disciplinary sanctions are determined by Article 192 of the Labor Code of the Russian Federation - this is a failure to fulfill or dishonest performance by an employee of his official duties, prescribed in the familiarization under personal signature employee. At the same time, disciplinary sanctions can be applied in the following cases:

1. the employee commits an action that is not permitted by the regulatory documents of the organization;
2. violations job description;
3. violation of labor discipline (absence from the workplace, repeated delays, etc.).

In addition to the above penalties, Federal laws provide:

• for employees of state civil service RF:
  • warning about incomplete job compliance;
• for military personnel:
  • severe reprimand;
  • deprivation of an excellent student's badge;
  • warning about incomplete service compliance;
  • early dismissal in connection with non-fulfillment of the terms of the contract;
  • reduction in military post;
  • reduction in military rank;
  • deduction from military fees;
  • military expulsion educational institution professional education;
  • disciplinary arrest.

The procedure for the application of disciplinary sanctions

The imposition of a disciplinary sanction is a procedure that consists of several stages: 1. Drawing up a document to reveal the fact of a disciplinary offense (act, memorandum, decision of the disciplinary commission). 2. Requesting a written explanation from the offending employee indicating the reasons for his or her misconduct. If an explanation is not provided within 2 days, this fact is recorded by drawing up an act.

Important! An employee's refusal to give a written explanation cannot serve as an obstacle to the application of a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation).

3. The decision by the head of the decision on guilt and the imposition of a measure disciplinary punishment against an employee who has committed a misdemeanor. At this stage, all the materials provided are assessed, all circumstances that can mitigate the guilt and the severity of the offense are taken into account. The lack of evidence on the fact of the violation does not give the head of the right to apply any disciplinary sanction, since they are violated labor rights and the freedom of an employee who has no opportunity (Article 2 of the Labor Code of the Russian Federation).

In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation, the employer is given the right to apply a disciplinary measure or limit the punishment by any means of educational and preventive influence.

4. Creation of an order for the issuance and execution of a disciplinary sanction. The content of the administrative document must contain full information about the employee, including the place of work and position, the fact of violation with reference to regulatory documents, a description of the violation with the establishment of the offender's guilt, the type of penalty, the grounds for recovery. The finished order is communicated to the employee against signature within 3 working days. If the guilty employee refuses to familiarize himself with the order under a personal signature, an appropriate act is drawn up (part 6 of article 193 of the Labor Code of the Russian Federation). Note that information about the presence of a reprimand or remark is not entered in the employee's work book.

For the same disciplinary offense, an employee may be punished with only one disciplinary sanction.

Terms of application of disciplinary sanctions

A disciplinary penalty may be applied no later than 1 month from the moment the fact of the violation was established. This period does not include the time the employee is on sick leave, on vacation and the time allocated to take into account the opinion of the trade union organization. A disciplinary penalty cannot be applied on time:

• later than 6 months from the date of the violation;
• later 2 years from the date of commission at the time of receipt of the results of the audit or audit;
• later than 3 years for failure to comply with restrictions and prohibitions, failure to fulfill obligations, established by law Russian Federation on anti-corruption.

An ordering document (order) on the imposition of a disciplinary sanction is presented to the guilty employee against his signature within 3 working days. An employee who has committed a misdemeanor has the right to appeal against a decision on the application of a disciplinary sanction in state inspection labor and relevant bodies for individual labor disputes. Before the expiration of the period of 12 months, starting from the date of imposition and application of a disciplinary sanction, the employer has the right to remove it from the employee according to own initiative, at the request of the immediate manager of the employee or his representative body. The early withdrawal of a disciplinary sanction is formalized by an appropriate order with the familiarization of the employee under the signature.

If, within 12 months from the date of application of the disciplinary sanction, the employee does not commit new offenses with the imposition of disciplinary punishment, then he will be considered as having no disciplinary sanctions (on the basis of Article 194 of the Labor Code of the Russian Federation).

Not only executive employees are brought to disciplinary responsibility, but also the heads of organizations subordinate to the main employer (Article 195, Part 6, Article 370 of the Labor Code of the Russian Federation). The latter is obliged to consider an application from the representative body of employees entitled to monitor compliance with labor legislation (most often these are trade union committees) on violations of legislative and legal and labor acts by the head of the organization or his deputies, and report on the decision. In case of confirmation of the facts of detection of violations, the employer is obliged to apply to the guilty persons who occupy leadership positions, disciplinary action, including dismissal.

Consequences arising from the imposition of a disciplinary sanction

In accordance with Art. 81 h. 5 of the Labor Code of the Russian Federation, upon detection of a repeated violation during the period of validity of an earlier disciplinary sanction, the employer has the right to dismiss the violator. Also, in the presence of a disciplinary sanction, the employer has the right to deprive the employee of any incentive payments (provided that this is provided regulatory documents organizations), as well as de-bonuses the guilty party in whole or in part (deprivation of bonuses is not a disciplinary punishment).

Responsibility of organizations for violation of the procedure for the application of disciplinary sanctions

A punished employee has the right to lodge a complaint against his employer's decision with a review inspectorate. labor disputes, on the basis of which the employees of the relevant body have the right to conduct an audit of the organization in order to establish the legality of the application of a disciplinary sanction and compliance with the order in its execution. In the event that violations on the part of the organization are revealed, the penalty imposed may be invalidated, and the management of the organization brought to disciplinary responsibility. In case of dismissal of an employee, the latter has the right to apply for reinstatement through the court, receive compensation from the employer for forced absences from work and moral damage. In turn, for the illegal application of a disciplinary sanction, the employer will have to pay the costs associated with the court and inspections by the labor inspectorate, as well as the penalties imposed by the court decision. In addition, the illegal actions of the head of the organization can entail a loss of credibility with other employees and significant damage to their business reputation.

Labor activity is an integral attribute of a person's life, which not only brings income, but also forces you to interact with colleagues and superiors.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It's fast and IS FREE!

As a rule, such interaction is within the strict framework of an employment contract or company regulations, which are created to optimize the cooperation of the parties. But often, employees ignore their professional obligations, which calls into question the discipline in the team.

How can an employer legally punish employees for misconduct? There is an alternative solution - disciplinary action, which will not only affect the behavior of the offender, but also become an example for other employees.

What it is

Disciplinary action is a lawful form of punishment of an employee for improper performance of his professional obligations or neglect.

Only such unlawful actions that are directly related to the employee's work activities can act as a disciplinary offense.

It should be noted that in accordance with labor code, a penalty can be applied to an employee only upon discovery of a misdemeanor, but no later than a month from the moment of committing the unlawful act.

This period does not include the time allotted to the employee for vacation or the period for the consideration of the case by the representative body.

For each offense, the established norms allow for one disciplinary sanction. However, if, after the punishment, the employee continues to perform his duties poorly or ignore them, it is allowed to take another disciplinary sanction or dismissal for him.

For reference. Disciplinary action can only be imposed by the employer. As an exception, there are those cases when the right of other officials to carry out the collection is documented.

The disciplinary sanction is valid for one year, after which it is automatically lifted. An employee has the right to appeal against a disciplinary sanction by going to court or a labor dispute commission.

Kinds

The Labor Code provides for three main types of disciplinary action: reprimand, reprimand and dismissal.

Remark and reprimand, in accordance with the legislation of the Russian Federation, are provided for the following types of disciplinary offenses:

• Absence of an employee at the workplace for no good reason.
• Refusal of an employee to perform labor duties without a good reason due to changes in the established procedure in labor standards.
• Refusal of an employee without a valid reason to pass medical commission or take additional training, passing the labor protection exam.

With regard to dismissal, such a disciplinary measure is provided for in the following cases:

• Repeated disregard by an employee, without a good reason, of his job duties.
• One-time gross violation an employee of his work commitments.
• In case of an unreasonable decision by an employee, which entailed a violation of the safety of the company's property, its unlawful use.
• In cases where an employee at the workplace has committed an immoral act that provokes mistrust of him by the manager.
• In the event that an employee appears at the workplace in a state drunkenness or narcotic effects.
• In the event that an employee divulged the commercial secret of the enterprise or other confidential information.
• In case of violation by an employee of the established labor protection rules, which entailed serious consequences, for example, an accident, an accident, etc.

Video: Legal advice

The duration of the disciplinary sanction according to the Labor Code of the Russian Federation

The legislative framework of the Russian Federation clearly regulates the duration of disciplinary sanctions. Punished must be applied no later than one month from the moment the subordinate's violations were revealed, with the exception of the employee's vacation and the proceedings of authorized structures.

The punishment for violation of professional obligations is prohibited to be applied after six months from the moment of detection of illegal actions, and according to the results of relevant inspections of competent authorities - no later than 2 years. The specified period does not include the time allotted for the criminal case.

Employers, as practice shows, try to apply disciplinary action after the end of the minimum period allotted for the procedure. Such violations will lead to the invalidation of the punishment.

What is not a disciplinary offense

The legal framework clearly regulates misconduct that can be attributed to disciplinary offenses. If an employee is wrongly accused of an offense, he will be able to prove his innocence.

Thus, a disciplinary offense does not include those actions that are not related to the implementation of labor obligations regulated by labor contract and company regulations.

Overlay order

The procedure for the application of disciplinary punishment for a subordinate is characterized by a certain sequence.

In practice, the procedure includes the following steps:

• The employer detects a violation official duties your employee.
• On the basis of a fixed misconduct, the employer requires the employee to write an explanatory note.

For reference. In the event that the employee does not present a note within 2 days, then the corresponding officials constitute an act. If an employee wrote a note, it should include the reasons for the misconduct.

• In the event that the employer considers the reason for the misconduct to be disrespectful, a disciplinary order is drawn up.

Imposition order

An order to impose liability on a violator of labor discipline can only be implemented if the employee's fault is fully justified.

In the event that the form of punishment is a reprimand or remark, the document can be drawn up in free form.

If we are talking about the dismissal of an employee, the documentation must be drawn up in accordance with the established norms (for a sample order on the imposition of disciplinary liability, go to).

Early withdrawal

Legislative norms state that if the violator does not receive a new disciplinary sanction within one year, it will be lifted. In practice, there are cases of early removal of a sentence.

In accordance with the Labor Code, early withdrawal of a disciplinary sanction is possible in the following cases:

• at the initiative of the authorities;
• on the basis of the initiative of a subordinate;
• at the initiative of the head;
• based on a request from a regulatory body, for example a trade union.

To complete the procedure, it is necessary to draw up a corresponding order. For a sample document go to

Appeal

The established legal norms allow employees who have been imposed a disciplinary sanction to appeal against the decision put forward. To do this, the employee must contact a specialized labor dispute commission or the judicial authorities.

The presented bodies have the right to demand from the employer documents proving the guilt of the offender and conduct an inspection by setting a date for the procedure or come without prior agreement on the date.

Such measures directly depend on the following factors:

• the severity of the disciplinary offense;
• cases when a pregnant employee or an employee with a disability applied to the commission.

On the basis of careful scrutiny, the bodies represented may overturn the disciplinary action in the following cases:

• if the accusation was made unfounded;
• if an error is found in documenting disciplinary action;
• if the time limits allotted for the disciplinary sanction have been violated.

Consequences for the employee and the employer

Disciplinary action, as a measure of punishment for an employee for ignoring his professional obligations, is reflected both on the employer and directly on the offender.

The first party receives extended rights in relation to its subordinate.

Thus, the authorities have the right to carry out the following measures:

• The employer has the opportunity to partially or fully deprive the employee who committed the misdemeanor of the bonus.
• In the event that an employee repeatedly violated his professional duties, the manager has the ability to fire him.

The employer's right to independently remove the punishment

The employer, in accordance with generally accepted norms, has the right to independently decide on the early removal of the assigned penalty from the subordinate. To do this, you must write a corresponding statement, in which the employer specifies in detail the reason for the removal from collection from the entire employee.