The duration of the disciplinary action. What are disciplinary measures and how are they applied? Action of disciplinary action

Disciplinary punishment most often involves punishing an employee of an organization for violating the rules of discipline.

Penalty is designed to ensure compliance with certain rules that guarantee safety and productivity.

Failure to comply with the rules and duties of an employee entails serious consequences.

The types of imposition of disciplinary sanctions are:

• rebuke;
• comment;
• dismissal.

Deprivation of work is possible only on the grounds strictly specified in the laws. Reprimand and remark - softer forms of warning.

Disciplinary punishment in the form of a remark

Reprimand is one of the most lenient types of punishment.

It is used in case of non-performance or improper performance by the employee of his labor duties.

Guilt is recognized not only in case of intentional violation, but also in case of negligence.

A typical example of such misconduct is showing up late for work.

A remark is issued not only for being late, but also for absenteeism, refusal to perform duties, and non-compliance with discipline.

Usually, remark - this is the first warning to an employee of the organization.

To issue a disciplinary sanction in the form of a remark, it is necessary to document the violation or non-performance of functions by the employee. Liability for incorrectly executed documents is impossible.

Disciplinary action in the form of a reprimand

The announcement of a reprimand from the employer occurs in the form of an order.

Legally, a reprimand is a more severe punishment than a remark, but softer in contrast to.

Often in practice, a disciplinary sanction in the form of a reprimand differs little from a remark and has similar consequences.

Nevertheless, the employee must be aware that a reprimand is announced for a more serious misconduct.

With the appearance of another reprimand throughout the year, the employee can be easily fired.

In practice, it is almost impossible to challenge a dismissal in court if there are 2 reprimands in 1 year.

In organizations with developed system Incentive payments may separately provide for penalties for an employee who violates labor rules.

In this case the employee is partially or completely deprived of allowances or bonuses to salary.

Dismissal due to violation of labor discipline

Particularly serious offenses may result in disciplinary action in the form of dismissal.

The fault of the employee must be proven by the administration of the company.

Non-compliance with the rules should be carried out systematically.

In addition, earlier the employee must receive disciplinary punishments.

The dismissal decision can be challenged. To do this, you must submit the relevant documents. For example, a medical certificate of illness can play such a role.

The following violations are taken into account upon dismissal:

• participation in events discrediting the honor and dignity of the leading contingent;
• violation of subordination, immoral acts;
• ignoring instructions and refusing to follow orders from management;
• disclosure of official secrets and valuable information;
• performance of not all part of the work, dishonest performance of duties;
• spoilage or enterprises;
• unauthorized leaving the workplace until the end of the working day, constant delays and absenteeism;
• violation of the norms and rules of labor protection, which caused serious consequences. See more about work injury;
• appearing at work under the influence of drugs or alcohol.

The procedure for applying disciplinary sanctions

Penalty can be put forward within 1 month from the date of discovery of a violation of discipline.

Standard processing times are subject to change.

If a violation is detected as a result of an audit, audit, financial audit, the term for bringing to punishment is 2 years from the date of the misconduct.

See what to do about shortage charges.

The time periods indicated above do not include the time period for conducting a criminal case for a misdemeanor, vacation or illness, as well as the time spent taking into account the opinion of the trade union.

The employee is not liable six months after the violation.

Documentation procedures must be followed.

To begin with, the employer must receive a report, memorandum or other document indicating the facts of the violation.

All terms are counted from the date of consideration by the head of the document.

Thereafter an explanatory note is taken from the employee, which must be written within two working days. In case of refusal to write an explanatory note, an appropriate act is drawn up.

It should be noted that the refusal to issue an explanatory document does not affect the application of punishment.

The explanatory note must indicate the reasons for the misconduct.. Evaluation of arguments is at the discretion of the employer.

If the manager decides that the facts given in the explanatory note do not justify the employee's act, a remark, reprimand or dismissal occurs.

Drawing up a disciplinary order

If the organization provides for certain forms for processing documentation, then when drawing up an order, it is necessary to take into account those approved in regulations forms.

The order for disciplinary action is issued on the general letterhead of the company.

The text should consist of 2 parts - ascertaining and administrative.

The administrative part must begin with the verb "I order."

Also, the text should contain the paragraph "base".

Below is a sample order.

Duration of disciplinary action

The term of the charge is 1 year. If during the specified period of time the employee does not receive comments and reprimands, then he belongs to the category of employees who do not have disciplinary sanctions.

A violation of the rules of conduct at work is considered repeated, even if the employee has taken another position and the period of punishment has not expired.

Appealing a disciplinary sanction

The appeal is based on two grounds.

First Foundation- material, determining the illegality of the decision.

Second base- breach of procedure.

The material basis in each separate case may be different. For drinking tea at non-lunch time, one boss can fire, and the other can only put forward a remark.

Courts generally consider the following circumstances:

• personal qualities, attitude to work, availability of incentives and penalties, term of work;
• connection with duties (it is impossible to punish an employee for refusing to perform work not provided for by duties);
• the reasons for the action (an attempt to prevent an accident, the behavior of colleagues);
• presence of intent;
• the absence or presence of harmful effects on the behavior of the team or the production process;
• proportionality between the punishment and the offense committed.

Disciplinary actions can successfully improve the legal environment in an organization.

The employee is given the opportunity to correct his behavior, as there are 2 levels of warnings, each of which is a call for an employee of the organization.

First, a remark is issued, then a reprimand, and only then does the dismissal occur. Each employee can challenge dismissal or other punishment. To do this, there is a Commission on labor disputes and courts.

Frequently asked questions about disciplinary actions

Can an employer for a disciplinary offense deprive the bonus and at the same time impose a reprimand?

For the commission of a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply a disciplinary sanction in the form of a reprimand (Article 192 of the Labor Code of the Russian Federation).

In accordance with Article 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously perform their labor duties (including a bonus).

An employee who has committed a disciplinary offense is no longer conscientiously performing labor duties (until the disciplinary sanction is lifted). This gives the employer the right not to encourage such an employee (to deprive the bonus).

Thus, the deprivation of the award is a consequence of a disciplinary offense. It is not a disciplinary action.

So the employer has the right to announce a reprimand and at the same time deprive the bonus and its size doesn't matter.

If an employee has committed a misconduct, the employer has the right to apply disciplinary measures against him, provided for by law. A disciplinary sanction is applied no later than one month from the day when the offense was discovered.

What can they punish?

The legislator refers to a disciplinary offense for which the employer has the right to punish the employee:

• non-fulfillment of labor duties due to the fault of the employee;
• performance of labor duties improperly (the employee must also be at fault).

The management of the company needs to know what are not disciplinary offenses:

• any violations on the part of the employee that are not related to his job 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 negative consequences that have occurred.

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

The legislator determined that the day when the misconduct was discovered is the day when the head of the employee (the one to whom the offender reports at work) became aware of the misconduct. It does not matter whether the leader (the one who discovered the misconduct) has the right to apply a disciplinary sanction. This means that if the management discovered that its employee committed an offense later than 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 heavy fines on him.

What measures can be taken?

Disciplinary responsibility in labor law provides for the following types of fees:

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

For some employees, the legislation provides for other types of punishments. A strict reprimand can 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 a disciplinary action?

A reprimand and a remark made to an employee are valid for a year. After the expiration of this period, the penalty is automatically removed. But if during the year the employee again committed a violation and a penalty was applied to him, then the period for lifting the punishment begins to be counted again. The date of the new countdown will be the date of the order to apply the next penalty.

If during the year the employee does not commit misconduct, then the measures applied to him are automatically removed and the employee will be considered not to have penalties.

Early removal of the penalty is the prerogative of the employer. 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 employees

We summarize: the disciplinary sanction is valid for a year.

Application of penalty

Before an employer takes action against an employee who has committed a violation, the employee must be given an opportunity to explain himself. 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 non-explanation, management must issue an order for the application of its chosen disciplinary action. This document must be announced to the violator against signature within three working days. These days do not include the absence of the worker. If the employee refuses to familiarize himself with the order and put his 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 date of discovery of the violation.

Any punishment, including disciplinary punishment, must be reasoned, formalized and enforced in strict accordance with labor legislation. Otherwise, it is possible to appeal the order to impose a disciplinary sanction on the part of the employee. Let us further consider what types of disciplinary sanctions exist and how the imposition of punishment should be legally correct.

Disciplinary sanction under the Labor Code of the Russian Federation

A disciplinary sanction in the implementation of labor relations is a punishment applied to an employee of an organization, regardless of his rank and status. A charge may be imposed in the following cases:

• in case of non-fulfillment or poor-quality fulfillment of their official duties;
• in case of violation of the rules and regulations of the company, prescribed in internal regulations:
  • violation labor discipline,
  • presence at work under the influence of alcohol or drugs,
  • disclosure of trade secrets, etc.

These and other reasons for which punishment may follow are spelled out in the Labor Code (LC) of the Russian Federation, in Art. 81 .

It is worth noting that a citizen's ignorance of his official duties does not relieve him of responsibility for their failure to fulfill them. All actions that an employee must carry out are prescribed in employment contract concluded between him and the employer. Familiarization with this document is a priority for employment.

Curious facts

The application of a disciplinary sanction is allowed no later than 1 month from the date of fixing the misconduct, while not taking into account the time spent on sick leave, on vacation, as well as the period of time spent taking into account the opinion of the representative body of employees.

Disciplinary measures can be applied only in the case of proven guilt of the employee and documentary fixation of the fact of violation. For example, if an employee did not go to work for an unexcused reason, and absenteeism was not marked on his working time record card, then it will not be possible to apply any penalties to him.

You can record a disciplinary violation with the following documents:

• act. It is compiled mainly in case of violations of a disciplinary nature. For example, when being late for work, when absenteeism, etc.;
• report note. It is issued by the head of the offending employee regarding non-fulfillment or poor-quality performance of official duties, in case of violation of reporting, etc.;
• minutes of the committee's decision. This document is drawn up, for example, in the event of material damage to the company.

An employee has the right to appeal a disciplinary sanction with the help of state inspection labor.

The term of a disciplinary sanction is one year, and if during this time the employee does not receive a new disciplinary sanction, then he will be considered as having no disciplinary sanction.

Terminology of disciplinary sanction as a legal act

Disciplinary action, like any procedural action, is strictly regulated by the Labor Code (LC) of the Russian Federation. Violation of the norms and procedure for imposing a penalty may lead to an appeal against its application and recognition as invalid.

The disciplinary sanction procedure implies that there is a subject, object, subjective and objective side in the case:

• the subject is an employee who has committed a disciplinary offense;
• object - the norms and procedures established in the labor organization;
• the subjective side is the fault of the employee;
• the objective side is the relationship between the fault of the offending employee and the consequences.

Types of disciplinary responsibility of employees

There are several types of disciplinary sanctions that are approved by the labor legislation of the Russian Federation (Article 192 of the Labor Code). Only these types can be applied in labor relations, while others will be illegal.

Types of charges:

• comment,
• rebuke,
• dismissal.

The list is modeled in order of increasing severity of punishment for the violations committed. Remark - the mildest measure of influence, is issued orally. The reprimand is also announced orally, but has more serious consequences.

If an employee has several reprimands, he can be fired legally. Dismissal, as a measure of disciplinary sanction, is applied in case of repeated violations for which the employee was previously given more lenient types of punishment.

Only one penalty may be applied per violation. Let's give an example: the employee did not complete the work within the specified time. If the employer reprimanded the employee for this, then he has no right to announce an additional reprimand.

Disciplinary responsibility is the obligation of an employee to incur a penalty in accordance with labor legislation when committing unlawful acts.

Reasons for imposing a penalty

The penalty may be imposed by the employer on the employee, if there are grounds for that. The reason for a disciplinary sanction is the commission of a disciplinary offense (Article 189 of the Labor Code of the Russian Federation).

What exactly falls under the wording of a violation of discipline:

• being late for work;
• non-attendance at workplace without a good reason (truancy);
• being at the workplace in a state of alcoholic or drug intoxication;
• violation of safety regulations;
• disclosure of trade secrets;
• non-fulfillment or poor-quality performance of official duties prescribed in the employment contract;
• non-compliance with the rules and regulations of the company, etc.

Any violations committed by the employee, not included in the list possible causes for the imposition of a disciplinary sanction, cannot be the basis for the imposition of punishment. For one misdemeanor, only one disciplinary sanction may be imposed.

Disciplinary sanctions are general and special. General ones are used in all labor collectives, and special ones only in certain areas, for example, in the Armed Forces of the Russian Federation or on public service.

Some facts

In case of early release of an employee from a penalty, the employer needs to back up and draw up an order “to remove the penalty”, and the employee needs to familiarize himself with it and put his signature. The organization can draw up the form of the order on its own.

General disciplinary sanctions, according to Art. 192 of the Labor Code of the Russian Federation:

• comment,
• rebuke,
• dismissal.

A remark is the most sparing measure of influence, and dismissal is an extreme one.

Terms for imposing a disciplinary sanction under the Labor Code of the Russian Federation

The imposition of a penalty is possible only within a certain period of time after the violation has occurred. This period is equal to 1 calendar month from the date of fixation of the committed disciplinary offense, but no more than 6 months from the date of its commission should elapse. It should be noted that this period does not include the time when the employee was on vacation, sick or absent for other reasons from the workplace.

If a violation is revealed during any inspection, then the limitation period is 24 months (Article 193 of the Labor Code of the Russian Federation).

The procedure for imposing a disciplinary sanction on an employee

There is a certain procedure for taking measures for a disciplinary violation (Article 193 of the Labor Code of the Russian Federation). A change or omission of any of the stages may make the imposition of a penalty unlawful and result in its cancellation.

Stage 1: the employer receives a signal about the commission of a misconduct.

This signal must be sent to writing. This may be an act, report, memorandum or protocol of the decision of the commission after any verification. Any of the listed documents must contain a description of the violation committed. The date the employer received the signal is the date the disciplinary case was opened.

Curious information

In the event of a dispute, the employer's requirement to provide explanations and the corresponding act on the absence of these explanations in writing are grounds for disciplinary action. However, if the employee provides an explanatory note, observing the deadlines, then the penalty may be canceled.

Stage No. 2: presenting a written request to the employee for an explanation of the act committed.

After reading this requirement, the employee must put his signature.

Step 3: Explanation by the employee of the event.

The form of presentation is an explanatory note. It must contain a description of the reasons that led to the violation. Reasons can be both valid and disrespectful.

The employer evaluates the reasons for this criterion, he has the right to classify them at his own discretion. The Labor Code of the Russian Federation does not regulate the concept of "good reason", therefore, generally accepted grounds are applied: illness, absence material resources for labor activity, execution of orders from higher authorities, etc.

The employee has the right not to write an explanatory note, in this case, after 2 days of waiting, the employer (or other responsible person) must draw up a special act on the lack of explanations from the employee. This act must be signed by the employer (or representative of the employer) and 2 witnesses.

Stage 4: Imposition of a disciplinary sanction.

If the employer recognizes the cause of the misconduct on the part of the employee as disrespectful, then he has the right to apply one of the disciplinary measures. Such a decision is made by issuing an order. This document must contain the following points:

• order number and date of issue;
• the basis for drawing up the document is the wording that a certain disciplinary sanction has been applied to a particular employee (indicating the full name and position);
• an indication of the reason for which the penalty was imposed;
• employer's signature.

The order is important document to confirm the facts of the imposition of penalties. Several such documents are a good reason for the employer to take an extreme measure of disciplinary action - dismissal (Article 81 of the Labor Code of the Russian Federation).

If there are no other penalties within one year, and after that year, the employee must be waived the penalty. At the request of the employer, it can be removed during this one year, as well as at the request of the employee, or at the request of the representative body or the head of the employee.

Stage number 5: familiarization of the employee with the issued order.

This must be done by employees of the personnel department or the employer himself no later than 3 working days from the date of its publication. Familiarization with the order is confirmed by the employee's handwritten signature. If a citizen refuses this procedure, then a special act is drawn up that fixes the refusal.

Alternative disciplinary measures

Disciplinary measures of influence can be applied not only in labor collectives, but also in other structures. For example, in the ranks of the Armed Forces of the Russian Federation, in government bodies. Legal regulation disciplinary sanctions in these structures are carried out, respectively, by the Charter "On the Armed Forces of Russia" and the Federal Law (FZ) "On Civil Servants".

The list of disciplinary measures in the Armed Forces, in addition to the standard ones, also has a number of additional penalties:

• demotion;
• disciplinary arrest;
• deprivation of a leave of absence;
• expulsion (if we are talking about military training, courses, educational institutions);
• appointment of a work order out of turn, etc.

About the terms of attracting an employee to disciplinary responsibility watch the video

Consequences of imposing a penalty

The penalty is an official warning to the employee about the inadmissibility of misconduct committed by him. Repeated violations lead to regular penalties in the form of comments and reprimands. In such a case, the employer has the right to dismiss the employee on a legal basis with the issuance of the appropriate wording.

If, with the existing penalties, the employee did not commit such violations during the year, then the imposed penalty is automatically removed from him.

All questions of interest can be asked in the comments to the article.

After the commission of misconduct by employees of the enterprise or due to their improper performance of labor duties, the employer has the right to apply to them the penalties provided for by the Labor Code of the Russian Federation. Only one of the types of disciplinary action described in the Labor Code can be imposed on an employee. Such strict measures are necessary for the observance of discipline by the team and the proper performance of their duties.

What is a disciplinary action

The obligation of the employee to be punished for violating the rules of the organization in which he works, the conditions job description or employment contract is a disciplinary responsibility. According to the articles of the Labor Code, the basis for bringing to a disciplinary sanction will be the commission of a misconduct by an employee, which proves that the latter has neglected his official powers. Any punishment applied on illegal grounds can be appealed by the employee in court.

Kinds

It is forbidden to apply disciplinary sanctions that are not provided for by federal laws, regulations or charters on discipline. For non-performance or improper performance by an employee of his labor duties, the employer has the right to apply one of the following types of penalties:

• rebuke;
• comment;
• dismissal.

Disciplinary penalties under the Labor Code

The main disciplinary measures are described in article 192 of the Labor Code of the Russian Federation. The grounds for holding an employee liable are:

• non-performance or dishonest performance by the employee of his work (job responsibilities are described in the employment contract);
• commission of an action not permitted by the official regulatory documents of the institution;
• violation of the job description;
• non-compliance with labor discipline (repeated tardiness, absence from the workplace).

Comment

The most common type of liability for committing disciplinary offenses is a remark. It is taken out for minor violations, that is, when the damage done or the violation of the norms of discipline does not have serious consequences. Such disciplinary punishment is imposed if the employee improperly performed his job duties for the first time. To apply the remark, the employee must be familiar with his due instruction even when applying for a job. In this case, the document is certified by the signature of the employee.

Before drawing up an order for disciplinary action, the employer must request written explanations from the offender. The employee provides an explanatory note within 2 working days from the receipt of such a request (a special act is drawn up, on which the employee signs for receipt). In the explanatory note, he can provide the employer with evidence of his own innocence or indicate good reasons due to which the misconduct was committed.

Since the Labor Code does not list which reasons are considered valid, it is up to the employer to decide. However, judicial and personnel practice shows that valid reasons may include:

• lack of materials for work;
• disease;
• violation working conditions employer.

In the event that the employer considers the reason for the misconduct to be justifiable, he should not issue a reprimand to the employee. In the absence of a valid reason, the management of the institution issues an order to bring to disciplinary liability in the form of a remark. On the document, the employee puts his signature, which indicates that he is familiar with the order. If the offender refuses to sign the paper, the employer draws up an act. The remark is valid for 1 year from the date of the misconduct, but it can be withdrawn ahead of schedule:

• at the initiative of the employer;
• at the written request of the employee;
• at the request of the trade union body;
• at the request of the head of the structural unit.

Rebuke

The labor legislation does not provide an exhaustive list for which reprimands are issued. However, in practice, a disciplinary sanction is imposed on an employee due to the discovery of a misconduct of medium gravity or for systematic minor violations. The list of disciplinary offenses for which a penalty is declared to the employee:

1. Ignoring the rules of the Code. Penalties are announced for absenteeism, violations of the charter or safety regulations, non-fulfillment official duties, etc.
2. An action for which legal responsibility is not provided, but which are an obligatory element of industrial relations. For example, penalties are applied when an employee refuses to undergo a medical examination, training, etc.
3. Creating a situation that later caused damage to the property of the institution. Example - damage material assets or their lack. The procedure for imposing a penalty is carried out by issuing appropriate orders from the head. Punishment can be applied for six months from the date of discovery of the misconduct. After this period, the imposed penalties are illegal.

As a rule, a reprimand follows as a repeated disciplinary sanction after a remark. According to the Labor Code of the Russian Federation, it is prohibited to apply two sanctions at once for one violation. In the process of legal proceedings, if any, the question of applying a more lenient punishment to the employee is first clarified. If the head represented by the defendant cannot provide evidence that the reprimand followed the remark, then the penalties are removed.

Before issuing a reprimand order, certain procedures must be followed. A severe reprimand is issued after written documentation of the violation. To this end immediate superior employee must submit to the management of the organization memo or a report, which will describe the facts of non-compliance with the requirements. The document must contain:

• the date of the event;
• the circumstances of the violation;
• the names of the persons involved.

After that, the violator is invited to give a written explanation of his actions, while it is impossible to demand explanations from the employee (this is his right, not his obligation, in accordance with Articles 192 and 193 of the Labor Code of the Russian Federation). The request to give a written explanation within 2 weeks is stated in the notification, after the document is brought to the violator under the signature. The fact of issuing a reprimand is recorded in the personal file of the employee: this information is not displayed anywhere else, however, a disciplinary sanction can lead to the deprivation of bonuses and other rewards.

Even after the imposition of sanctions, the employee is able to correct the situation: if during the year he does not violate the rules, the punishment is removed automatically. In addition, the reprimand can be withdrawn ahead of schedule, and a written request will be required from both the employee himself and the manager. Such a situation is possible only if the violator is loyal to the internal investigation and if he does not refuse to give explanations or sign acts.

Dismissal

This punishment is determined by the high severity of the offense. Its imposition is the right, not the responsibility of the leader, so it is likely that the offender will be forgiven, and the penalty will be more lenient. If the employer is determined, then for dismissal he should record:

• several cases of unreasonable violations of the labor schedule (lateness, non-compliance with orders / instructions, failure to fulfill TD duties, evasion of training / examination, etc.);
• a single gross misconduct (absence from work for more than 4 hours without legal grounds, appearance in a state of intoxication, disclosure of confidential information, appropriation of other people's property at work, etc.).

The procedure for bringing to a disciplinary sanction is documented, and it is important that the fact of the violation is supported by written explanations of eyewitnesses of the event, an act of theft, etc. The offender is asked for an explanatory note regarding the misconduct (2 days are allotted for its execution). The imposition of a penalty must be issued in the form of an order, a copy of which is given to the employee for review. Based on this document, a dismissal order is created.

The dismissed employee is given a calculation (salary and compensation for unused vacation). V work book make an appropriate entry (the types of disciplinary sanctions must be indicated). Rules that an employer must follow when dismissing an employee:

• after discovering the grounds for dismissal, the head must impose a penalty within a month or from the moment the court decision enters into force based on the results of consideration of the fact of violation;
• it is forbidden to dismiss a person during a vacation or during a period of incapacity for work;
• before applying punishment, you need to request an explanation from the offender.

Imposing a disciplinary sanction

In order for an organization to function normally and bring the expected results, discipline must be maintained in it. If an employee does not comply with it and remains unpunished, chain reaction(the rest also start to break the order). The initial punishment may be a warning or an educational conversation. If such a measure does not bring the desired result, more serious punishments can be applied that encourage the employee to stay within what is permitted. For this, apply different types disciplinary punishments under Art. 192 of the Labor Code of the Russian Federation.

Per employee

The grounds for punishment are the violations committed by him, for example, improper performance of labor functions or their failure to perform, non-compliance with the work schedule (absenteeism, lateness), violations of discipline, ignoring the requirements for training or passing a medical examination, property crimes (theft, damage, etc.). Possible consequences of the misconduct:

• dismissal;
• reprimand or severe reprimand;
• comment.

per soldier

Like employees of non-power organizations, the military are obliged to comply with the rules prescribed to them, for the violation of which sanctions are provided, described in the regulations. A violator of discipline can be held liable within the time limits allotted by law and if legal grounds. The main document regulating the rights and obligations of military personnel is Law No. 76 of 1998. According to him, responsibility for misconduct is borne not only by contract soldiers or military conscripts, but also by civilians called up for training.

Depending on the severity of the violation committed, the norms of the Criminal or Administrative Codes will be applied to the military. For violation of the charter, the perpetrator may be subject to disciplinary liability, while sometimes the offense contains the composition administrative offense. However, when applying for sanctions, not the norms of the AC, but Law No. 76 will be relevant.

Military discipline can be violated by such types of misconduct:

• rough;
• intentional (the perpetrator was aware of what he was doing and could foresee the consequences);
• careless (the violator did not understand what consequences his act could lead to);
• minor (action / inaction that did not cause serious harm to order or third parties, for example, being late, violating the regime of a military unit, etc.).

Decree No. 145 contains a list of gross disciplinary violations. These include:

• leaving the territory of a military unit without permission;
• hazing relationships;
• absence from the place of duty for more than 4 hours without a good reason;
• failure to appear from dismissal on time (from vacation / business trip, etc.);
• failure to appear at the military registration and enlistment office on the agenda;
• violation of the order of the guard, border service, combat duty, patrolling, etc.;
• improper handling of ammunition/equipment/weapons;
• embezzlement, damage, illegal use of property of a military unit;
• causing damage to property/employees of a military unit;
• being in the service in a state of alcoholic or other intoxication;
• violation of traffic rules or rules for driving a car / other equipment;
• inaction of the commanding person to prevent misconduct by subordinates.

Disciplinary penalties for violating military rules may include the following:

• reprimand or severe reprimand;
• deprivation of a badge;
• deprivation of dismissal;
• dismissal from service before the end of the contract;
• warning;
• demotion;
• expulsion from the military educational institution, with fees;
• disciplinary arrest for 45 days or more.

For a government civil servant

The punishments of civil servants do not fundamentally differ from the generally accepted ones. However, the Labor Code of the Russian Federation takes into account the Law on Public Service No. 79-FZ, which provides for an increase in the liability of an employee by several times, since the status of a state executor requires compliance with restrictions / prohibitions, anti-corruption legislation.

Article 57 federal law describes four types of disciplinary sanctions that are imposed on public servants. These include:

• rebuke;
• comment;
• dismissal;
• warning.

The reason for punishment can be not only being late or absenteeism, but also failure to fulfill official duties or their improper implementation. The only condition is that all duties of a person must first be specified in the job description and agreed with employee under the signature. The most serious disciplinary sanction for a civil servant is dismissal, which can only be applied in cases where established by law(Article 37 of Law N 79-FZ):

• repeated failure to fulfill official obligations without a good reason;
• single gross violation official duties (truancy, alcohol or other intoxication at the workplace, disclosure of secret information, theft of other people's property, embezzlement, etc.);
• the adoption by a civil servant working in the category of "leaders" of an unreasonable decision that led to a violation of the safety of property, damage to property, its misuse, etc.;
• a single serious violation by civil servants working in the category of "managers" of their official duties, which caused harm to a government agency or a violation of the legislation of the Russian Federation.

The procedure for applying disciplinary sanctions

Involvement in disciplinary punishment is a sequential procedure, which consists of several stages. These include:

1. Drawing up a document testifying to the discovery of a misconduct (report, act, etc.).
2. Requesting a written explanation from the perpetrator, indicating the reasons for his act. If the manager receives a refusal or the employee does not submit a document within 2 days, this fact is recorded through a special act.
3. The employer decides on guilt and chooses the punishment for the employee who committed the misconduct. To do this, all available materials are evaluated, taking into account circumstances that can mitigate guilt. The lack of evidence does not give the manager the right to apply any disciplinary sanction.
4. Creation of an order for the issuance and subsequent execution of punishment. Only one disciplinary sanction can be given to an employee for one misconduct.

Order of Punishment

The document must contain complete information about the employee, including his position, place of work, the fact of the violation with reference to the current regulatory documents, a description of the violation, the type of penalty imposed and the grounds for this. The finished order is given for review to the perpetrator, who must sign it within 3 working days. If the employee refuses to do this, an appropriate act is drawn up in accordance with Part 6 of Art. 193 of the Labor Code of the Russian Federation.

Duration of disciplinary action

The punishment is valid until the moment of its removal, which may occur as a result of the dismissal of the employee. At the same time, only a remark or reprimand can be removed from the culprit (subject to the continuation of the employment relationship between the employee and the employer). At the same time, the removal of a disciplinary sanction occurs in two cases, according to Article 194 of the Labor Code of the Russian Federation:

• automatically after one year from the entry into force of the punishment order;
• by early withdrawal at the initiative of the immediate supervisor / head of the trade union or the employee himself.

Since the decision to collect is determined by the employer, the early lifting of the sanction must also be agreed with the management. Automatic exemption from collection occurs without any documentation. The trade union or immediate supervisor in this case must draw up a petition addressed to the head of the enterprise (the document does not have mandatory form). The paper contains the data of the head of the enterprise, the employee / team who initiated the petition, a reasoned request to cancel the punishment, the date and signature of the persons who drew up the document.

Removal of penalty

If the employee has not committed the misconduct again, after the expiration of the calendar year, the disciplinary violation is removed. The director of the institution may eliminate the sanction even before the end of this period, if the employee has realized his own guilt and corrected himself. This decision is made by the manager:

• at the request of the team;
• at the request of the employee;
• on one's own.

Consequences of disciplinary action

According to Article 81 of the Labor Code of the Russian Federation, if a repeated decision is identified before the expiration of the sanction, the employer has the right to dismiss the violator. In addition, during the action disciplinary punishment the head of the organization may deprive the employee of any incentive payments (bonuses, bonuses), provided that this is provided for by local normative documents institutions such as the charter, etc. The employee has the right to appeal the penalty using labor inspectorate or court.

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The internal regulations of the organization, the implementation of planned indicators, are the main duties of the employee. Obviously, in case of violation of the standards established by the employer, the management has the right to apply a disciplinary sanction to the culprit (in this case, you must follow the procedure specified in Article 192 of the Labor Code of the Russian Federation: more on this issue in the article by reference).

Such measures are aimed at punishing the employee and may lead to his dismissal. At the same time, one of the conditions for imposing a disciplinary sanction is compliance with the time limit (this is true for all types of disciplinary sanctions).

When can a disciplinary sanction be imposed?

The time during which an employee can be punished is established by the Labor Code of the Russian Federation and is 6 months from the date of the misconduct. The same period is indicated in internal regulations. It should be indicated that this period is mandatory and cannot be reduced or extended at the request of the employer. Therefore, the specified norm of the law has an imperative character.

The period is set in order to protect employees from unreasonable punishment. At its core, this rule is similar to the concept of the statute of limitations, which is established in criminal or administrative punishment. Its meaning is the loss of the danger of misconduct after the expiration of time.

In addition, the norm protects the worker by ensuring that he is not punished at the arbitrary request of management several years after the misconduct.

Requirements established by the Labor Code of the Russian Federation for the timing of the imposition and validity of a disciplinary sanction

You can specify two main periods that the law establishes. It is they who regulate the action and application of punishment in employees:

• the time limit for imposing a disciplinary sanction is 6 months. That is, it is during this period and no later that a person can be prosecuted and punished. The calculation of this period begins from the day the fact of committing a misdemeanor is revealed. If the deed was committed on the same day, and it became known later, then the calculation begins from the day the violation was discovered. And such period ends on the last day of the above 6-month period;

• the punishment lasts for one year. The course of this period begins on the day on which the corresponding order is dated. The meaning of the punishment is to deprive the employee of bonuses and similar surcharges for Good work and other successes. Therefore, within one year, the employee will not receive additional payments and may lose other privileges.

The specified time periods cannot be arbitrarily shortened or extended. However, the penalty may be removed early. Such an opportunity is provided for in the law, but this is referred to the competence of the organization's management. No other authority has the right to influence this. In order to cancel a disciplinary sanction, an appropriate cancellation decree must be issued.

Term for familiarization with the order on disciplinary action

Familiarization with the resolution is both the right of the employee and the responsibility of the management. Such an obligation is necessary to guarantee the right to appeal against the decision to punish.

Otherwise, the manager may punish the person without notifying him. Thus, the person will lose the opportunity to prove his case. Therefore, the signature on familiarization with the order and the inscription about it are mandatory details.
It should be noted that no specific deadline has been set. Corresponding article of the law, no. It is clear that a person may be in business trip, on sick leave. Therefore, there may be circumstances that will prevent familiarization.

But at the first opportunity, the manager is obliged to familiarize the relevant employee with the order on punishment. At the same time, refusal to sign the document is not in the interests of the employee. After all, the signature only means familiarization, but does not indicate agreement with the order.

Deadline for appealing a disciplinary sanction

The term for appealing a disciplinary order is established by law. Two periods of time should be allocated for resolving the issue of disagreement with the order.

• if an employee has been reprimanded, reprimanded, or lacks service compliance, such orders can be challenged within three months. The starting point of disagreement will be the day of familiarization with the order. At the same time, familiarization does not suspend the effect of the punishment, but is necessary for the beginning of the term for challenging it;
• if a punishment in the form of dismissal is applied, then it can be challenged within one month. The start of the challenge period will be the time from the receipt of a copy of the punishment order.

At the same time, the law provides for the possibility of restoring the time of contestation. This can be done if the time was missed for a good reason. For example, good reason sick leave, certified by the relevant medical document, will be recognized.

The validity period of the reprimand under the Labor Code of the Russian Federation

The reprimand period is one year from the date of issuance of the disciplinary order.

How long does it take for an employee to be disciplined?

Since an employee can be punished only within six months from the moment he committed the misconduct, then after this time, the penalty cannot be applied to him.

Proper behavior in the workplace guarantees the respectful attitude of management towards a particular employee, therefore, the norms prescribed in the Labor Code and in the internal regulations of the organization should be observed.