A reprimand order for non-fulfillment of official duties. Order of reprimand for failure to fulfill official duties - sample

A reprimand is special kind disciplinary action, which is applied to employees who violate certain internal rules, made negligence and mistakes in work, as well as have any other faults before the organization. It is believed that a reprimand is a punishment of moderate severity, intermediate between a simple remark and dismissal, a serious warning against the repetition of such violations.

Files

An important condition is that a reprimand is issued only if it is established that the misconduct was committed precisely through the fault of the employee, and not because of some external factors (force majeure, fires, accidents, flooding, etc.).

Before issuing an order

The procedure for imposing a disciplinary sanction is strictly regulated by the labor legislation of the Russian Federation. In particular, any order concerning the employees of the organization, including this one, must be based on any written basis. In this case, their role is usually played by

• manager's memo structural unit in which the guilty employee works,
• explanatory note from the employee,
• act establishing the identification of the fact of violation, etc.

If the employee refuses to give an explanation of the misconduct that has occurred, this must be recorded in a separate document.

The employer has the right to issue an order to issue a reprimand no later than one month after the established fact of guilt (this does not take into account the employee's illness, vacation, etc.) legal grounds). Do not forget that for one offense, the employer has the right to impose only one disciplinary punishment out of three main ones:

• dismissal,
• rebuke,
• comment.

Rules for drawing up an order

Standard standardized sample the order to issue a reprimand to date has not. Businesses and organizations can develop its letterhead at their own discretion and based on their own understanding of this document, or use widely used templates. In any case, when creating it, you should adhere to certain norms.

In particular, this document must contain information about the employer and employee, the reason for the reprimand and links to supporting documents.

The employee, in respect of whom the order has been issued, is obliged to familiarize himself with it and put his signature on it. In case of refusal to sign a document about this, an appropriate act must be drawn up (you should never forget that a subordinate can challenge the employer's actions in court or complain about him to the territorial labor inspectorate).

Information about a single reprimand is not entered in the employee's work book, but is recorded in the dismissal order for systematic violations, if such occurs during the period of its validity.

The order form itself filled in according to all the rules, after entry into force, is transferred to storage in the archive of the enterprise, where it is kept for the period established for such documents by the legislation of the Russian Federation.

Norms for ordering

The order is drawn up in a single copy

• on a regular A4 sheet
• or on the company's letterhead (the latter option is preferable - no need to additionally enter the details of the organization).

It can be written by hand or printed on a computer. But no matter which option is chosen, the order must be certified by a "live" autograph of the head of the organization. It is not necessary to put a stamp on it, since it refers to the internal documentation of the enterprise and, moreover, from 2016 legal entities may not use seals and stamps for sighting papers at all.

An example of writing a reprimand order

Filling in the head of the document

At the very beginning of the document, usually on the right or on the left (it doesn't matter), the name of the company is written with an indication of its organizational and legal status (i.e. CJSC, OJSC, IP, LLC). Then the word "Order" is entered, its number is put down in accordance with the document flow within the company and the date of its creation is set. Further, two or three words indicate the meaning of the document.

Filling the body of the document

This is followed by the informational part of the order. This includes detailed information about the violation and the reason for the imposition of a penalty (in other words, the essence of the claim against the employee is described). The date of the misconduct, surname, name, patronymic, employee and a reference to the law governing the actions of the employer in such situations must be noted here.

Further, after the word "I order", a corresponding order is made to pronounce a reprimand and appointed responsible person for its execution (usually this is the direct manager of the guilty person or the head of the personnel department - here you must indicate his position, last name, first name, patronymic). Below are the links to the documents that became the basis for the order (, act, etc.).

Stakeholder signatures

At the end, the order must be certified by the signatures of all interested officials, including the head of the company, the chief structural department and the guilty employee himself.

After the release of the order

A reprimand order can have a wide variety of consequences. Most often, this is the deprivation of a bonus or any other bonuses from the employer (but this is possible if only the company uses a bonus system). Another option for the development of events in the event that the employee does not draw conclusions from the situation and continues to admit violations in work is a repeated reprimand and further dismissal.

It is worth noting that the order to issue a reprimand is a priori valid for one year. But if the employer has a desire to withdraw it ahead of schedule, then he can do this at any time by issuing an appropriate order.

After the reprimand order is terminated, the employee is deemed to have no disciplinary action and is "clean" before the employer.

An order to reprimand an employee - a sample of this document is not established by law, but in order to acquire legal force, it must be drawn up in accordance with the norms of the Labor Code of the Russian Federation. Let's consider how to correctly draw up this document.

In what cases is an order issued for a reprimand for improper performance of official duties?

In accordance with the provisions of Art. 192 of the Labor Code of the Russian Federation, a company has the right to impose a penalty on its employee in the form of a reprimand, remark or initiation of dismissal, responding to a violation of the established job duties... The collection is formalized by order or instruction of the employing company (Article 193 of the Labor Code of the Russian Federation). There are a number of important nuances in their compilation.

A reprimand order can only be issued after the employing company provides the employee with the opportunity to present explanatory note, which will set out the circumstances of the violation of official duties. Requesting an explanatory letter from an employee can be carried out in any way - the Labor Code of the Russian Federation does not regulate this point, but it is still recommended to request it by means of a separate notification.

If the employee does not provide an explanatory note within 2 days after receiving the appropriate notification, the employer must draw up an act on this fact, and then he can draw up an order to issue a reprimand or other penalty. If the employee provides an explanatory note, but does not give strong arguments in his defense, the employer will also have the right to draw up a corresponding order.

The Labor Code of the Russian Federation, as well as other sources of law, does not regulate how this document should look. The experts of our portal, relying on the practice of modern personnel management, recommend to form an order to issue a reprimand in the structure, which will be given below.

How to draw up an order for violation of labor discipline correctly

In the order on the imposition of such a penalty as a reprimand to an employee, it is desirable to indicate:

• date and place of drawing up the order;
• the name of the employing company;
• number, title of the document ("Order No. ... on the announcement of a reprimand");
• a text block reflecting the essence of the employee's violation of labor duties;
• first-person operative text block ("I order ...");
• the list of attached documents - if any.

Who should sign the reprimand order

First of all, it must be signed by the director of the organization. In accordance with the provisions of Art. 193 of the Labor Code of the Russian Federation, the order must also be endorsed by an employee of the company, on whom a disciplinary penalty is imposed, no later than 3 days from the date of publication of the document. If the employee cannot sign the order due to absence from work, then this period is extended. If the employee does not want to confirm the familiarization with the order with a signature, an act of this is drawn up.

Labor law provides for the employer's authority to impose various penalties on employees.

The reason for such events is the execution by a person of his official duties with some violations.

A penalty for failure to fulfill the duties stipulated by the position is drawn up in the form of an order. When making it, it is required to take into account the existing nuances.

The situation when the employee does not fulfill the duties assigned to him, is interpreted as a violation of the requirements enshrined in labor legislation, provisions labor agreement, acts of local significance, orders issued by the management of the company, labor protection requirements and others.

According to practice, important document regarding the requirements established for the quality of the employee's duties - job description or other documentation appears, which specifies the human labor function.

The job description is not included in the number of mandatory acts that are adopted by the organization. However, if it is available and correctly formulated, it is possible to help the personnel of the personnel department, ordinary employees, as well as the management, to determine the qualitative characteristics of labor in the event of situations of a conflict in nature.

When creating an order to apply penalties for the performance of duties in an improper form, the drafters use wording in a streamlined form. They are not of a definite nature, which implies the presence of another document in which such concepts are concretized.

With such acts a person meets in person and puts his signature. Otherwise, there is an opportunity to appeal the employer's claims, indicating that the criteria are formulated vaguely.

How do I issue a disciplinary order for non-compliance?

Before proceeding with the issuance of an order for violations in the form of non-performance of duties, according to which a disciplinary penalty is applied to an employee - it is required to establish the fact of an offense.

This formalized through, commission decision, and other documents.

From a person who has violated the rules for performing duties, you need to take an explanatory note -. If such a document is not submitted by the employee within two days, a corresponding act is drawn up.

When an explanation is received, you can proceed to issue an order. The form of this document is fixed by each individual employer.

Please note that the order must contain information:

• about the employee, including his surname, initials;
• describes the disciplinary violation that was committed, reflects the norms violated by the employee, in addition, reflects the circumstances of its commission, the presence of the employee's fault and the severity of the offense;
• a type of punishment that is applied for the performance of official duties in an improper form.

The document is announced to the employee within three days. from the moment of its issuance.

The one who has familiarized himself puts his signature.

The time a person is absent from work is not included in the specified period. In case of refusal to issue a list on the order, it is required to draw up an act.

Sample of a reprimand for failure to follow instructions

Thus, the management responds to the violation of the rules established at the enterprise. Registration produced in the form of issuing an order or instruction.

The form is determined by the leader. The nuances regarding the compilation are provided.

In particular, it will be possible to issue an order on the application of a reprimand for non-fulfillment of official duties after the employee has been given a period of time, enshrined in the law, to give explanations about what happened.

The method of requesting an explanatory note can be any, but experts recommend using written expression in the form of notices... Otherwise, the person has the opportunity to refer to the fact that the employer did not give time to give explanations.

After two days have passed from the date of delivery of the notification, the organization can draw up an act according to which the employee refused to give explanations.

When an employee presented an explanatory note, but did not indicate in it the circumstances of the violation, did not describe the arguments in his favor, did not explain why his job duties were not fulfilled, the order is also issued.

This is what the sample looks like:

Example of a Notice of Violation

Legislation in the field labor relations fixes that employers are obliged to record violations before proceeding to the execution of orders for collection.

Initially, an act is issued, which reflects information about the misconduct, including the place and time of the commission, the circumstances. Then the employee is asked for an explanation.

A similar period of time is allotted for the preparation of such a document, which is discussed above. If the employee did not receive the document, the company considers that he does not have good reason to commit a violation.

After receiving an explanation of the reasons for non-fulfillment of duties or their fulfillment in an inadequate form an order is issued to apply a remark to a person.

The employee is introduced to him after creation. If the latter refuses to read, they draw up a separate act.

There is no single model for drawing up the order in question.

This suggests that the company has the right to compose it in any form. The template is to be developed in the enterprise.

Labor Code Russian Federation it has been established that disciplinary sanctions can only be imposed federal laws, statutes and regulations on discipline. Application of other disciplinary action to employees is unacceptable.

The Labor Code of the Russian Federation itself (Article 192) provides for three types of punishments:

• comment;
• rebuke;
• dismissal on appropriate grounds.

A common example of a reprimand for improper performance of official duties is punishment for violating the deadlines for the execution of orders that are within the authority of an employee, or for making significant errors in prepared documents. For example, the use of such punishment is widespread in the event of delays and other violations of the organization's labor regulations.

A severe reprimand is not provided for by the Labor Code of the Russian Federation, but it can be applied to certain categories of employees (for example, to employees of the fire service, customs authorities and OVD), due to special laws.

A reprimand with entry into a personal file current legislation is also not provided, its application does not comply with the requirements of the law.

Disciplinary actions are not reflected in work book... In a personal file or in an accounting card, they can be reflected only for internal accounting, but not to add additional severity to the punishment.

How to declare

The procedure for the application of disciplinary sanctions is determined by Art. 193 of the Labor Code of the Russian Federation. Non-compliance established by law procedures will become the basis for recognizing the measures taken as unlawful.

To bring the violator to justice, first of all, it is necessary to fix the fact of the misconduct. This can be helped by:

• (in case of failure to fulfill official duties);
• act (for example, on absence from the workplace);
• the decision of the commission (usually based on the results of the investigation).

The next step is to obtain written explanations from the unscrupulous employee. The safest way is to hand over a notice against signature that you need to give explanations, and in case of refusal to sign, draw up an act of delivery.

It is necessary to set aside at least two days to provide explanations. If the employee did not explain anything in writing within the specified time period, then an act on the absence of explanations should be drawn up and with a clear conscience prepare an order on the application of punishment for the misconduct.

Sample order for a reprimand

A reprimand at work: the consequences

The presence of such a punishment can entail quite serious consequences. So, the employer has the right:

Not to pay incentive payments in whole or in part, if this is provided for by a local act of the organization;

In case of repeated (within a year) violation of labor discipline (clause 5 of part 1 of article 81 of the Labor Code of the Russian Federation).

In case of violation of labor discipline, destruction or damage to company property or systematic failure to comply labor standard specified in the plan, the employee is held accountable, including disciplinary. If a violation of discipline or other official misconduct is revealed, the employer may issue an order to bring the employee to punishment in the form of a disciplinary sanction. Such punishment can be imposed in the form of a reprimand, deprivation of a bonus or dismissal. The application of a specific penalty is attributed by law to the exclusive competence of the employer.

How to issue a disciplinary order?

Order on disciplinary action for the violation committed, the employer must be legally correct. If mistakes are made or an incorrect basis is applied according to the Labor Code of the Russian Federation, the order will be canceled and declared illegal.

In order to correctly draw up a document, the following structure must be observed:

• The introductory part must contain all the details of the organization and information about the offending employee. Use is possible letterhead organizations;
• The number and place of drawing up the act should be indicated;
• The descriptive part of the reprimand order should include a statement of the circumstances of the disciplinary misconduct. Describe how the default was expressed;
• You need to specify the item job description or employment contract which was violated by the actions of the employee. This may be delay, non-fulfillment of planned targets or other circumstances;
• The announcement of the punishment must be justified by the relevant norm Labor Code RF. Therefore, in the administrative act, it is imperative to make a reference to the norm of the law, which allows the employer to punish an employee who has committed a misdemeanor.

When the document is drawn up, you need to familiarize the employee with it against signature. In this case, the date of acquaintance should be indicated.

Disciplinary order in the form of a remark

This form of punishment is chosen in connection with minor and non-systematic violations of duties by the employee. Meanwhile, the employer can choose an even milder punishment in the form of the deprivation of the bonus. When drawing up the specified act, it should be remembered that the punishment should not only be based on the fact of violation, it should be justified. This means that the imposition of a penalty arbitrarily, only by the decision of the employer, is not allowed. Such an act will be declared illegal, and its effect canceled.

Order on reprimand for failure to fulfill official duties

Failure to perform official duties is in itself a sufficient reason for imposing punishment on an employee. However, the employer has the right not to apply disciplinary action. However, in case of a gross or repeated violation, punishment is simply necessary. In such cases, a strict penalty will not be sufficiently justified, so a comment can be dispensed with.

Disciplinary order in the form of a reprimand

It is necessary to understand that any collection presupposes the receipt of information about it and its verification. If a serious violation or systematic failure to fulfill his duties is committed, the employer has the right to punish the employee and issue a reprimand. A reprimand is one of the most severe punishments provided for by the Labor Code of the Russian Federation.

This penalty should be announced in strict order:

• When information about the alleged breach of duty is received, the appropriate executive must draw up memo... It reflects the situation and the essence of the offense;
• Then a check is carried out. It consists in obtaining an explanation from the culprit and other persons who are aware of the violation of obligations;
• If the information is confirmed, the employer draws up and signs a reprimand order.

Compliance with these points ensures that the employer's decision to collect will not be recognized as unlawful.

How long does it take to familiarize the employee with the reprimand order?

Acquaintance completes the foreclosure process and is an integral element. The act of punishment should be presented to the person immediately after its publication. If the person evades acquaintance, then the document must be sent to him by mail by registered mail with notification.

A reprimand order for violation of labor discipline -

Neglect labor discipline is a clear reason for prosecution. It can be absenteeism, being late, or being drunk. The most serious punishment is dismissal.

Information received with the support of partner MinCredit.ru. Learn more about lending to unemployed and retired people