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Tk rf disciplinary action with comments. Types of punishment for employees: disciplinary and material methods of punishment

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Punishment and encouragement are opposite measures of influence on the employee, with the help of which you can either punish him or thank him for successful work.

Unfortunately, experience shows that most modern enterprises it is the system of punishments that is developed, which is applied to employees even for the slightest misconduct. Therefore, it is important to know how the penalty is regulated by law, what types it is divided into and how it should be applied correctly.

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Types of punishments for employees and their legislative regulation

Punishment is one of the methods of motivating employees, which is aimed at instilling in them a sense of fear of a certain administrative impact on the part of the company's management.

The main purpose of the application of punishment is to prevent the employee from committing actions that could harm the employer.

Depending on the methods that are used to influence the employee, all types of punishment can be divided into two groups:

Intangible

They do not imply any financial impact on the subordinate and are presented in the form. Their types are established by Art. 192 of the Labor Code of the Russian Federation and are presented in the form:

It is worth noting that these methods are listed as their severity increases.

The grounds for their application also depend on the degree of severity of the disciplinary offense.

material

The main method of influence in this case is precisely the monetary component, with the help of which the employee is punished for various misconduct.

Examples of financial penalties may include:

(depremation);
attraction to;
temporary reduction of the social package, etc.

Unlike disciplinary sanctions, which are regulated by labor legislation, material methods do not have such a legal basis.

It is also necessary to comply deadlines during which disciplinary action may be taken. They are six months from the moment the misconduct was committed and one month from the day it was discovered. If during the year the employee did not violate labor discipline, the remark or reprimand is automatically removed. Dismissal can only be challenged in court.

Types of material penalties

Second and often more effective group measures of influence on an employee is a monetary impact, that is, depriving him of a certain part. These methods are often informal, as current legislation not provided. The most common of these include:

fines

This is a deduction from wages of part of the funds in the form of punishment for the commission of any misconduct. Neither the Labor Code of the Russian Federation nor federal laws provide for the application of fines, therefore such actions of the employer are illegal. However, in the case of receiving black or gray wages, the employer may well deprive the employee of part of the money in the form of punishment.

Deprivation of the award

It can be either full or partial, when the employee still receives a bonus, but in a smaller amount. This method is more legal than the previous one, but requires a detailed development of a bonus system at the enterprise. It should include the conditions under which the deprivation of the bonus is possible in some cases, for example:

if there is a disciplinary sanction;
in case of failure to achieve the established performance indicators;
on condition of non-fulfillment of labor duties, etc.

The main thing is that all these conditions should be spelled out in the internal documents of the enterprise, and the bonus itself should not be a mandatory and unconditional component of wages. Otherwise, its non-payment will be a violation of labor laws.

Bringing to liability

This method of punishment can be applied only if the employee caused damage to the property of the enterprise as a result of any actions. Depending on the specific situation, it can occur both in full and within the framework. In this case, the fact of committing a misconduct by a subordinate must be documented.

Temporary reduction of the social package

It may include Additional services to ensure the rest and leisure of employees, for example: paying for lunches, a fitness room, providing vouchers, etc. You can deprive these services as a punishment only if the obligation to pay for them is not contained in internal normative documents enterprises.

The use of each of these types of punishment requires the employer to be careful and comply with all established rules, since most of these methods are not entirely legal.

Features of the application of punishments for military personnel

The specificity of the application of punishments against military personnel is that their activities are regulated not by the Labor Code of the Russian Federation, but by other special documents. The main document in this area is the Disciplinary Charter of the Armed Forces of the Russian Federation. In accordance with it, various types of punishments can be applied to military personnel, for example:

rebuke;
deprivation of another dismissal;
appointment of a work order out of turn;
reduction in rank;
transfer to another position;
arrest with detention in a guardhouse;
early retirement.

The specific measure, as well as the conditions for its application, depend on the severity of the offense, as well as on the category of the offender.

Some of the most serious measures (such as reduction in rank or arrest) can only be applied to military personnel and only by court order. The deadline for bringing the violator to justice is one year.

Disciplinary or financial penalty: when to apply

Psychological research in the field of motivation and personnel management suggests that in order to successfully organize work in a team, a leader needs to maintain a certain balance between the use of punishment and praise.

This ratio should be approximately 70-80% rewards to 20-30% penalties.

With regard to the distribution between material and non-material forms of recovery, the choice of a specific measure depends on several factors:

the legality of the application of one or another method (for example, the deprivation of a bonus may not be provided for in the local acts of the enterprise);
the degree of guilt of the employee and the severity of the misconduct committed by him;
the presence and magnitude of the damage caused (in this case, he will definitely have to compensate for this damage).

Disciplinary sanctions it is best to apply for violations labor discipline (for example, for being late, absenteeism or hooliganism). If the fault of the employee is the non-fulfillment of the plan or insufficient development, then it is better to punish him financially, simply by tying the received wages to a specific indicator.

Application various kinds punishments can be a good way to organize labor discipline at the enterprise and a means of motivational influence on employees. However, it is necessary to take into account both the legality of the measures applied and the observance of the established procedure, as well as the severity of the specific misconduct committed by the employee. In case of unlawful disciplinary measures or violation of the procedure, the punishment can be canceled, and the employer can be held liable.

31.08.2019

Violation employment contract entails disciplinary action.

Punishing negligent employees will ensure compliance with the rules and regulations of the job description, which guarantees the safety of the production process.

Disciplinary proceedings are a legal relationship between the employer and the employee.

The conclusion of an employment agreement obliges the subjects to comply with and fulfill the requirements set forth in the document. Deviation from disciplinary norms is considered.

What measures of influence does the employer have the right to apply in terms of the Labor Code?

The list of methods and types of influence on violators of the labor schedule is provided for in Article 192 of the Labor Code of the Russian Federation.

What penalties for violation of labor discipline exist under the Labor Code of the Russian Federation?

Any offense is punishable by law. Employees of enterprises, as well as ordinary citizens, must comply with the standards established in a particular production. Failure to comply with the rules and labor obligations entails serious administrative penalties. The manager has the right to apply one of the types of disciplinary sanctions against a negligent subordinate.

What penalties are provided for by the Labor Code:

The most severe of the listed measures of influence of a disciplinary nature on an employee is dismissal. To apply this type of punishment, the manager must act within the framework of labor legislation.

The remaining types are considered a mild warning method and are established for minor labor violations. ?

The order of application of the remark

Usually the first unpleasant conversation with the authorities ends with a service remark. The head cannot qualify any oversight on the part of the employee as a disciplinary violation.

A remark is a gentle method of scolding a subordinate. This type of penalty applies if:

non-fulfillment or neglect of the job description;
absenteeism;
regular unreasonable lateness to work.

In practice, some leaders first conduct conversations with negligent employees, and then they impute punishment. At the same time, guilt is recognized not only in case of intentional violation, but also in case of careless behavior at work.

The immediate supervisor must issue a disciplinary sanction by documenting the act.

If errors are made in the procedure for issuing a disciplinary sanction or the fact of incorrect paperwork is revealed, then this type of punishment is considered invalid.

Announcement of a reprimand to employees

The next mitigating type of industrial penalty, but already more severe, is a reprimand. First, the employer verbally makes a remark to the guilty subordinate, and then draws up the words in the form.

At its core, the first form of punishment is no different from the second and carries similar consequences. However, a reprimand is announced for a more serious violation of discipline.

In addition, the amount of this type of penalty can lead to dismissal. If during the year an employee receives two or more reprimands, the Labor Code allows the contract to be terminated with such an employee.

Even the court will not help in this case. As shows arbitrage practice, the claim will be denied if in fact there are more than two reprimands for the current year.

Large enterprises that practice a system of motivation and encouragement with material payments have an alternative financial instrument. In such organizations, the head of dishonorable subordinates punishes with a ruble:

deprives bonuses, allowances;
imposes sanctions.

A reprimand is announced in cases where serious harm has been done to production, or violations have become systematic.

Responsibility in the form of dismissal

When the system outweighs common sense, and the employee's actions are classified as serious, there is no need to talk about soft methods of recovery. Dismissal is considered a serious form of disciplinary action.

Before applying a punitive tool, management will have to prove the degree of guilt of the employee.

Non-compliance with safety rules or ignoring the job description should be systematic with.

Based on the analysis of the subordinate's card, where disciplinary punishments repeatedly appear, the employer makes a decision to dismiss this person.

If the actions of the head are considered unlawful, then they can be challenged in court. As an argument, it is necessary to provide documents refuting the guilt of the employee and proving the violation of the rights of workers.

Disciplinary action in the form of dismissal is applied in the following situations:

violation of subordination;
immoral behavior in the workplace;
participation in events discrediting the honor and dignity of leaders;
ignoring orders;
refusal to comply with the terms of the employment agreement;
disclosure of corporate information;
damage or theft of public property;
unauthorized departure from the workplace;
systematic delays;
violation of safety rules and labor protection standards;
appearing at the workplace under the influence of alcohol or drugs.

Any of the above reasons may be grounds for early termination of the employment agreement.

Is the deprivation of the award a penalty?

Measures of influence on a negligent employee are clearly spelled out in the Labor Code. So, according to Art. 192 of the Labor Code of the Russian Federation, the employer has the right to apply a reprimand or remarks as a penalty if the reason was.

conclusions

The use of disciplinary sanctions is a method of influencing negligent employees aimed at improving the legal situation at the enterprise.

The Labor Code clearly spells out the algorithm of actions. First, the leader makes a remark, then announces a reprimand. Now the situation can still be corrected.

If soft methods of influence did not improve manufacturing process, then you have to use "heavy artillery" - to dismiss a non-executive employee. At large enterprises officials can introduce an internal scale of punishments.

Legal actions must be reflected in regulatory documents. In the event of a dispute, please contact the Regulatory Commission. labor Relations or go to court.

Disciplinary sanctions

1. The commented article defines a disciplinary offense and provides for the types of disciplinary sanctions that an employer has the right to apply to an employee who has committed a disciplinary offense.

In accordance with part 1 of this article, a disciplinary offense is understood as a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him. As can be seen from the above definition, a disciplinary offense can be considered a failure to perform or improper performance by an employee of precisely labor duties. In this regard, it cannot be considered a disciplinary offense, for example, refusal to carry out a public assignment, violation of the rules of conduct in public places.

Failure to perform or improper performance of labor duties, i.e. a disciplinary offense, a violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, technical rules, non-fulfillment or improper fulfillment of orders and orders of the head, etc.

As provided for in the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2, a disciplinary offense is considered, in particular:

The absence of an employee good reasons at work or workplace. At the same time, it must be borne in mind that if the employment contract concluded with the employee, or the local regulatory act of the employer (order, schedule, etc.) workplace of this employee, then in the event of a dispute over the question of where the employee is obliged to be in the performance of his labor duties, it should be assumed that by virtue of the workplace is the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (para. 35);

Refusal of an employee without good reason to perform labor duties in connection with a change in the established procedure for labor standards (), tk. by virtue of an employment contract, the employee is obliged to perform the labor function determined by this contract, to comply with the internal labor regulations in force in the organization (). At the same time, the refusal to continue work in connection with a change in the terms of the employment contract stipulated by the parties is not a violation of labor discipline, but serves as the basis for terminating the employment contract according to, in compliance with the procedure provided for;

Refusal or evasion, without good reason, of medical examination of workers of certain professions, as well as refusal of an employee to undergo special training during working hours and pass exams on labor protection, safety precautions and operating rules, if this is prerequisite admission to work (clause 35);

Refusal of the employee to conclude an agreement on full liability if the performance of maintenance duties material assets is the main labor function of the employee, which is agreed upon when hiring, and in accordance with the law, such an agreement can be concluded with him, which the employee knew about (clause 36);

An employee's refusal (regardless of the reason) to comply with the employer's order to return to work before the end of the vacation cannot be considered a violation of labor discipline (clause 37).

A disciplinary offense is a guilty failure to perform or improper performance by an employee of labor duties.

Failure to perform or improper performance of labor duties is recognized as guilty if the employee acted intentionally or through negligence.

Intentional guilt involves a certain volitional decision (action or inaction) aimed at violating the established rules of conduct. Negligence as a form of guilt occurs when the employee does not foresee the consequences of his unlawful act, although he should have foreseen them, or when he foresees such consequences, but frivolously hopes to prevent them.

Disciplinary liability is possible for any form of guilt. At the same time, failure to perform or improper performance of duties for reasons beyond the control of the employee (for example, due to the lack of necessary materials, due to insufficient qualifications of the employee, due to his illness) cannot be considered guilty.

The actions of an employee committed by him in accordance with laws and other regulations cannot be qualified as a disciplinary offense. For example, the employee's refusal to transfer to another job in cases where such a transfer is allowed only with the consent of the employee, or the employee's refusal to comply with the order to return to work before the end of the vacation, because. the law does not provide for the right of the employer to prematurely recall employees from vacation without their consent, etc.

It is not a disciplinary offense and the employee's refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, except for the cases provided for federal laws, until such a hazard is eliminated or from performing heavy work and work with harmful and (or) hazardous conditions work not covered by the employment contract. Since the Labor Code does not contain norms prohibiting an employee from exercising this right, even when the performance of such work is caused by a transfer on the grounds specified in, the employee’s refusal to temporary transfer for another job in accordance with Art. 72.2 of the Labor Code for the above reasons is justified (clause 19 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2).

2. For committing disciplinary offenses, the employer has the right to apply the following penalties to employees: reprimand, reprimand, dismissal on the grounds provided for in the relevant paragraphs, namely:

clause 5 - repeated failure by an employee without good reason to perform labor duties, if he has a disciplinary sanction;

p. 6 - a single gross violation of labor duties by an employee;

clause 7 - guilty actions that give grounds for the loss of confidence, committed by the employee at the place of work and in connection with the performance of his labor duties;

clause 7.1 - failure by the employee to take measures to prevent or resolve a conflict of interest to which he is a party, failure to submit or submit incomplete or false information about their income, expenses, property and property obligations or failure to provide or submission of knowingly incomplete or false information about income, expenses, property and property obligations of their spouse and minor children, opening (presence) of accounts (deposits), cash storage Money and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments an employee, his spouse (wife) and minor children in cases provided for by the Labor Code of the Russian Federation, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer;

clause 8 - an immoral offense committed by an employee at the place of work and in connection with the performance of his labor duties;

clause 9 - adoption of an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which resulted in a violation of the safety of property, its misuse or other damage to the property of the organization;

Clause 10 - a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties (see comments to Article 81).

Dismissal is also a disciplinary sanction. teacher for a repeated gross violation of the charter within one year educational institution(Article 336 of the Labor Code of the Russian Federation, see comments to it), as well as the dismissal of an athlete due to his sports disqualification for a period of six months or more or for a violation by an athlete, incl. single entry of the All-Russian Anti-Doping Rules and (or) anti-doping rules approved by international anti-doping organizations, recognized as a violation by the decision of the relevant anti-doping organization (Article 348.11 of the Labor Code of the Russian Federation, see comments to it).

3. In accordance with part 3 of the commented article, dismissal on the grounds provided for in paragraphs 7, 7.1 and 8 of part 1 of Art. 81 of the Labor Code of the Russian Federation, is a disciplinary sanction only if the guilty actions specified in these paragraphs are committed by the employee at the place of work in connection with the performance of his labor duties.

If such actions or an immoral offense are committed by an employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, dismissal on these grounds is not a disciplinary sanction. In this case general rules bringing employees to disciplinary responsibility are not applied (see comments to Articles 81 and 193).

The list of disciplinary sanctions provided for by Art. 192 of the Labor Code of the Russian Federation, is not exhaustive. The federal law, charter or regulation on discipline established by the federal law may also provide for other disciplinary sanctions for certain categories of employees. However, disciplinary sanctions established by other federal laws, charters and regulations on discipline are applied only to those employees who, in accordance with them, are subject to them.

It should be noted that the application of any other penalty for committing a disciplinary offense that is not provided for by the Labor Code of the Russian Federation, federal laws or charters (regulations) on discipline established by federal laws is illegal (for example, the collection of a fine).

Based on this, the Supreme Court of the Russian Federation, by decisions dated 05.24.2002 N GKPI2002-375 and dated 10.28.2002 N GKPI2002-1100, recognized the norms of the Regulations on Employee Discipline as inconsistent with the Labor Code and not subject to application railway transport Russian Federation, approved Decree of the Government of the Russian Federation of August 25, 1992 N 621, providing additional types disciplinary sanctions for committing disciplinary offenses. In support of the decisions taken, the Supreme Court indicated that the application of disciplinary measures to an employee is a significant restriction of human rights to work, and therefore the types of disciplinary sanctions and the grounds for their application can only be established by federal laws, which is provided for by Art. Art. 192 and 330 of the Labor Code of the Russian Federation.

4. The right to choose a specific disciplinary sanction belongs to the employer. However, this must take into account the gravity of the offense committed and the circumstances under which it was committed. The Supreme Court of the Russian Federation specifically drew the attention of the courts to the need to take into account these circumstances. As noted in the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2 (p. 53), by virtue of Part 1 of Art. 46 of the Constitution of the Russian Federation, guaranteeing everyone judicial protection his rights and freedoms, and the corresponding provisions of international legal acts, in particular Art. 8 of the Universal Declaration of Human Rights, Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as Art. 14 of the International Covenant on Civil and Political Rights, the state is obliged to ensure the exercise of the right to judicial protection, which must be fair, competent, full and effective.

Given this, and also taking into account that the court, which is the body for resolving individual labor disputes, by virtue of h. 1 Article. 195 of the Code of Civil Procedure of the Russian Federation must make a lawful and reasoned decision, a circumstance that is important for the correct consideration of cases on contesting a disciplinary sanction or reinstatement at work and subject to proof by the employer is compliance with the disciplinary sanction arising from Art. Art. 1, 2, 15, 17, 18, 19, 54 and 55 of the Constitution of the Russian Federation and recognized by the Russian Federation as a constitutional state general principles legal, and consequently, disciplinary responsibility, such as justice, equality, proportionality, legality, guilt, humanism.

To this end, the employer must provide evidence indicating not only that the employee has committed a disciplinary offense, but also that, when imposing a penalty, the severity of this offense and the circumstances under which it was committed were taken into account (part 5 of article 192 of the Labor Code of the Russian Federation ), as well as the previous behavior of the employee, his attitude to work.

If, when considering the reinstatement case, the court comes to the conclusion that the misconduct actually took place, but the dismissal was made without taking into account the above circumstances, the claim may be satisfied.

However, in this case, the court is not entitled to replace the dismissal with another disciplinary measure, since, in accordance with Art. 192 of the Labor Code, the imposition of a disciplinary sanction on an employee is the competence of the employer.

In cases where the labor obligation is violated by the employee, disciplinary sanctions are applied to him. They are defined by Article 192 Labor Code Russia (hereinafter referred to as the Labor Code of the Russian Federation). The determination of liability measures for negligent employees rests with the employer.

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You need to know how documents are properly drawn up when connecting such types of punishment as a disciplinary sanction.

What it is

A disciplinary sanction is a specific type of punishment applied to an employee if he violates the terms of a labor or collective agreement. Violating the labor contract, the subordinate abuses his powers, does not fulfill his duties, misses deadlines, and more.

Violations under the collective agreement are cases when employees circumvent the rules, regulations labor day, discipline in the workplace and other things related to a comfortable life in a team.

Cases when Article 192 of the Labor Code of the Russian Federation comes into force - the procedure for applying disciplinary sanctions:

ignoring the performance of duties;
poor quality work;
missed deadlines;
violation of labor discipline (being late for work, going home early, etc.)

Familiarization with the rules, how to behave at work, what and how to obey, is provided for study when applying for a job. In addition, a person may be given to familiarize himself with the rules also during the transfer from one position to another, one unit to another.

This also includes cases of significant changes to the collective agreement or in connection with updates, the creation of other key documents for the enterprise that affect the staff.

Legislation

The structure of the article of the Labor Code of the Russian Federation involves the definition of what a disciplinary sanction is, as well as the types and magnitude of penalties for violation of labor regulations or the terms of an employment agreement.

But in addition to Article 192 of the Labor Code of the Russian Federation, disciplinary sanctions expressed in other versions of punishments can be put into practice on the basis of federal or regional laws.

For example, this may apply to such areas of activity as various regular military formations - penalties are applied according to the charter of a military institution.

If the employer allows dismissals in cases that do not relate to disciplinary (or other) violations prescribed by law, then this is already considered illegal actions.

These actions of the employer will be considered under Article 286 of the Criminal Code of the Russian Federation as abuse of power.

On the issue of the limitation period, there is a rule also determined on the basis of Art. 192 of the Labor Code of the Russian Federation. It states that all cases of violation by workers of their own duties, working conditions, or collective agreement should be reviewed as soon as possible.

The term for the implementation of a disciplinary sanction is no longer than 1 month. The countdown is carried out from the moment the illegal acts of the employee are discovered.

When determining the statute of limitations, there are some peculiarities:

The period of illness is not taken into account.
Legal leave is ignored.
Holidays and weekends do not count.

But there are some legal controversies in this matter. They are legally acceptable. Therefore, in order to effectively determine the maximum statute of limitations, it is customary to take 6 months.

It is this period that is often given by the courts to settle all the subtleties and nuances of the case. There are other dates for special occasions.

It turns out that the longest statute of limitations should not exceed:

1 month - for the introduction into practice of the collection itself;
six months - under circumstances that are difficult to investigate;
2 years - for violators, financially responsible officials.

The law also distributes penalties according to the offenses committed. This means that one disciplinary responsibility applies to only one violation.

But if the violations caused consequences of a different nature, then it is permissible to apply different types punishments. But the same punishment can be applied repeatedly if the violations continue.

Kinds

In parts 1-2 of Art. 192, the list of applicable penalties includes the following types of penalties:

Pronunciation can be divided into types:

ordinary (without monetary penalties);
strict (with the use of a deduction from the salary of administrative fines).

Examples additional measures liability determined by federal laws and other legal acts:

suspension from the right to hold office for 1 month;
money penalty;
additional workload (especially to correct the consequences);
otherwise.

Suspended from work for a month, usually in cases where it is necessary to analyze the case in detail. But even when the guilt of the suspect is proven, it is impossible to deprive him of earnings for the overdue period.

The employer does not care, he is obliged to pay the minimum rate, even if the violator has not worked for a month. This is provided for the reason that the initiative to remove from labor activity came not from the worker, but from his superiors.

Foundations

The following offenses are grounds for imposing disciplinary sanctions:

single delays;
non-compliance with labor standards established in the workplace;
absence from briefings;
ignoring mandatory inspections, inspections of workplaces;
failure to meet deadlines;
refusal to comply with orders, orders of the immediate supervisor, which affect the direct official duties employee;
failure to provide the documents necessary for official employment.

But there are also gross violations (described in Article 81 of the Labor Code of the Russian Federation, paragraphs 5-6):

regular misconduct;
lack of valid reasons;
absenteeism (over 4 hours of working time);
appearing drunk;
drinking alcohol (use of another intoxicating substance) at the workplace;
disclosure of commercial (other) secrets;
intentional theft or damage to the property of the enterprise and other cases.

It is also necessary to say about the circumstances that may become mitigating for the offending employee.

When the employer selects the type and amount of punishment, he takes into account:

the quality of the performance of duties by the employee in the recent past (one month before the detected violation);
the presence of force majeure situations (force majeure);
general characteristics of the subordinate;
the severity of the consequences that arose after the violations committed.

Rules for compiling a document

We propose to consider several examples of documentation that appear when issuing a disciplinary sanction against employees who have committed gross or moderate violations.

Sample explanatory note:

A sample act drawn up in cases where the employee does not agree with the charges:

How to issue

The procedure for issuing a disciplinary sanction:

Calling an employee to the director, or the head of the department, subdivision.
Obtaining explanations from the offending employee, finding out the reasons for his act, etc.
The employee must write explanatory note.
In case of refusal to submit an explanatory document, the employer draws up an act of disobedience.
A sentencing order is issued. Deadline - no later than 3 days in working mode.
The worker must sign the order.
In case of refusal to sign the order, it also draws up an act of disagreement.

This is where the order comes into play:

The employee is given another 2-3 days to think.
Then an act is drawn up on the refusal to explain what happened, the violation.
He must sign the act.
If the act is not signed by the employee, then the penalty is imposed on his responsibility anyway.

According to Article 192 of the Labor Code of the Russian Federation, in cases where an employee refuses to explain the reasons for the misconduct, the employee’s opinion will no longer be taken into account. Therefore, the employer has every right to determine the measure of a financial penalty or punishment of a different type.

Each employee, employee, who violated discipline at work, may be punished by the employer. He may be reprimanded, fined, or removed from office for a short time. But the violator also has the right to appeal the decision of the employer.

To do this, all such employees are given time to appeal - 3 months. But first they turn to GIT ( State Inspectorate Labor), and if nothing happens, then only - to the judiciary.

It is permissible to punish employees for official misconduct, but with an eye on Article 192 of the Labor Code of the Russian Federation. In the article you will find detailed comments experts, a list of permitted penalties, a table of current statutes on discipline and a sample order for dismissal.

From the article you will learn:

By signing an employment contract, the employee undertakes to comply with production discipline, in other words, that the employer has established: come to work on time, perform their job duties, adhere to subordination, etc. Each organization develops a set of rules for personnel independently. In the same time types of penalties, are established by law. Employers are severely limited in their choice.

What types of disciplinary sanctions are provided for by Article 192 of the Labor Code of the Russian Federation (2018)

A complete and closed list of general disciplinary measures that are permitted by law are indicated in Part 1 of Article 192 of the Labor Code of the Russian Federation. If an employee fails to fulfill the instructions of the management once or systematically, ignores his duties, or appears - in a word, violates discipline - the employer has the right:

make a comment;
issue a reprimand;

This is where the list ends. Any other measures are illegal, so it is better to do without amateur activity and not introduce a system of fines or other punishments, as some companies do. For this, the employer can be attracted to .

Advice from the editor: so that the supervisory authorities do not have any claims to the company's disciplinary policy, write down in as much detail as possible the terms and procedure for applying penalties in local regulations. Design , indicate what specific measures the employer applies to violators of discipline, how it conducts what documents supports his decision.

Each penalty, even a remark, is issued by order. If it's about , draw up an order carefully and accurately, list all the documents that prove his misconduct.

Question from practice

How to issue a disciplinary order?

Answered by Ivan ShklovetsDeputy Head Federal Service on labor and employment.

When all the evidence of the employee’s guilt is collected: reports, acts, explanatory notes, issue an order to impose a disciplinary sanction. If you use a remark or reprimand, then make the order in any form. If the organization decides to fire an employee, then draw up an order to terminate the employment contract in the form ...

Read the expert's answer

Sample letter of dismissal for repeated failure to perform duties

In what cases are disciplinary sanctions not provided for in Article 192 of the Labor Code of the Russian Federation applied?

There are separate categories of workers for whom charters, federal laws and regulations on discipline provide for additional types of punishments (parts 2 and 3 of article 192 of the Labor Code of the Russian Federation with comments). We are talking about regulations that apply to specific industries, enterprises and professions.

Normative act	Approval document
Regulations on the discipline of railway workers
Disciplinary charter of paramilitary mine rescue units in transport construction
Disciplinary charter customs service RF
Charter on Discipline of Maritime Transport Workers
Charter on the discipline of workers of the fishing fleet of the Russian Federation
Charter on Discipline of the Crews of the Naval Support Vessels
Charter on the Discipline of Employees of Organizations Operating Especially Dangerous and Nuclear Hazardous Production and Facilities

Enforcement measures such as a warning about incomplete job compliance or dismissal from a substituted position civil service, provided only for civil servants ( ) They cannot be applied to other categories of workers.

According to part 3 of article 192 of the Labor Code of the Russian Federation with the amendments that were made to this norm, and the explanations of the Plenum of the Supreme Court of the Russian Federation (paragraph 52 of the Decree of March 17, 2004 No. 2), disciplinary measures include dismissal due to:

to an employee serving commodity or monetary values, as a result of his guilty actions (clause 7, part 1, article 81 of the Labor Code of the Russian Federation);
disqualification acceptance , his deputies or the chief accountant of the organization of an unreasonable decision that caused damage to property (clause 9, part 1, article 81 of the Labor Code of the Russian Federation);
single gross violation labor duties by the head of the organization or his deputies (clause 10, part 1, article 81 of the Labor Code of the Russian Federation).

What changes have been made to Articles 192, 193 of the Labor Code of the Russian Federation

The law not only limits the list of permissible punishments, but also regulates the procedure for their application. The employer is obliged to take into account the circumstances and severity of the misconduct when choosing a penalty, to demand from the employee written explanation and draw up an act in case of refusal (part 4 of article 192 of the Labor Code of the Russian Federation, part 1 of article 193 of the Labor Code of the Russian Federation).

It is unprofitable to drag out an internal investigation: the period allotted for the application of disciplinary measures is limited and amounts to only one month from the date of discovery of the misconduct. The time that the guilty worker or on sick leave, while not taken into account (part 3 of article 193 of the Labor Code of the Russian Federation). If we are talking about a corruption violation, the period is extended to three years, and for misdemeanors discovered as a result of an audit or inspection - up to two years from the date of completion of verification activities.

It is necessary to apply penalties even to notorious violators of discipline very carefully, in compliance with the requirements of the Labor Code of the Russian Federation. You can not fine for being late, fire for minor misconduct, reprimand the employee twice for the same incident. Be sure to demand an explanatory note and conduct an official investigation so that the prosecutor, inspector or court does not consider the punishment unreasonable.