home » Marketing » Disciplinary action. How long does a disciplinary sanction last? What is a disciplinary action

Disciplinary action. How long does a disciplinary sanction last? What is a disciplinary action

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

What a disciplinary action can be

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

comment,
rebuke,
dismissal.

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

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

WITH complete list possible sanctions for such categories of employees can be found in Federal law"On service in the internal affairs bodies of the Russian Federation" dated 30.11.2011 No. 342-FZ and the Disciplinary Charter of the Armed Forces of the Russian Federation, approved by the decree of the President of the Russian Federation dated 10.11.2007 No. 1495.

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

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about the employee who was brought to disciplinary responsibility during the year, the penalty gets the status of withdrawn; moreover, this happens automatically, that is, the personnel officer does not need to perform any additional actions.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

Don't know your rights?

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

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

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

The employer's right to independently remove penalties

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

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

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

Consequences of the expiration of the term of the penalty

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

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

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

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

What is disciplinary punishment

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

To include:

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

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

Types of disciplinary action

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

dismissal;
rebuke;
comment.

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

What is not a disciplinary offense

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

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

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

The procedure for imposing a penalty

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

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

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

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

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

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

Duration of disciplinary sanctions

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

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

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

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

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

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

Early withdrawal of a foreclosure

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

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

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

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

Personnel appeal against disciplinary action

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

Dismissal is the last disciplinary measure

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

Misconduct leading to dismissal may include:

one-time gross violation prescribed labor discipline and work rules;
absenteeism for no good reason;
absence of an employee from the workplace for four or more hours without a valid reason;
actions that resulted in injury or death;
employer, including those related to insufficient competence;
theft at the workplace of both the property of the employer and other employees, in addition, in this case, a criminal case may be instituted on behalf of the enterprise;
administrative offenses that do not directly affect the work, but worsen the company's image;
actions defaming the employer;
dissemination of confidential and classified information;
gross non-compliance with work ethics and subordination;
direct refusal to fulfill the duties specified in the contract;
participating in a strike without following the procedure prescribed by law.

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

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

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

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

Consequences of disciplinary punishment for the employee and the employer

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

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

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

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

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

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

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

The types of disciplinary sanctions are:

rebuke;
comment;
dismissal.

Deprivation of work is possible only on the appropriate grounds strictly stipulated in the laws. Reprimand and reprimand are milder forms of warning.

Disciplinary punishment in the form of a remark

Remark is one of the most benign forms of punishment.

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

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

A common example of such misconduct is arriving late for work.

The remark is drawn up not only in case of being late, but also in case of truancy, refusal to perform duties, non-compliance with discipline.

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

To issue a disciplinary action in the form of a comment, it is necessary to document the violation or failure to perform functions by the employee. Bringing to responsibility for incorrectly executed documents is impossible.

Disciplinary action in the form of a reprimand

The reprimand from the employer is announced in the form of an order.

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

Often in practice, disciplinary action in the form of a reprimand differs little from a reprimand. and carries similar consequences.

However, the employee must be aware that a reprimand is issued for a more serious misconduct.

If there is another reprimand throughout the year, the employee can easily be fired.

In practice, it is almost impossible to appeal against dismissal in court in the presence of 2 reprimands in 1 year.

In organizations with developed system incentive payments, penalties may be separately provided for an employee who violates labor rules.

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

Dismissal due to violation of labor discipline

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

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

Failure to comply with the rules should be carried out systematically.

In addition, earlier the employee must receive disciplinary punishment.

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

Upon removal from office, the following violations are taken into account:

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;
making official secrets and valuable information public;
fulfillment of not all part of the work, dishonest performance of duties;
spoilage or business;
unauthorized departure from the workplace before the end of the working day, constant tardiness and absenteeism;
violation of the norms and rules of labor protection, which caused serious consequences. See more about work injury;
appearance at the workplace in a state of drug or alcohol intoxication.

Procedure for the application of disciplinary punishments

A penalty can be brought forward within 1 month from the date of discovery of a violation of discipline.

The standard terms for registration of the procedure are subject to change.

If a violation is revealed as a result of an audit, revision, financial check, the period for bringing to punishment is 2 years from the date of the misconduct.

See what to do with shortage allegations.

The time period indicated above does not include the time period for the criminal proceedings on the committed misconduct, vacation or illness, as well as the time spent on taking into account the opinion of the trade union.

The employee is not liable after six months after the violation was committed.

The order of registration of documentation must be observed.

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 business days. If you refuse 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 the punishment.

The explanatory note must indicate the reasons for the misconduct... The assessment of the 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 comment, reprimand or dismissal occurs.

Drawing up a disciplinary order

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

A disciplinary order is issued on the company's general letterhead.

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

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

Also in the text there must be a paragraph "basis".

Below is a sample of a standard order.

The duration of the disciplinary sanction

The collection period 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.

Violation of the rules of conduct in the world of work is considered repeated, even if the employee has taken another position, and the term of the punishment has not expired.

Appealing a disciplinary sanction

The appeal is made on two grounds.

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

Second foundation- violation of the procedure.

Material basis in everyone a separate case may be different. For drinking tea outside lunchtime, one boss can fire, and the other - only put forward a remark.

Courts usually consider the following circumstances:

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

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

The employee is given the opportunity to correct his behavior, since there are 2 stages 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 the dismissal occurs. Each employee can challenge dismissal or other punishment. For this, there is a Labor Dispute Commission and courts.

Frequently asked questions about disciplinary action

Can an employer for a disciplinary offense deprive of bonuses 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 faithfully perform their labor duties (issues a bonus, among other things).

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

Thus, the withdrawal of the prize is a consequence of a disciplinary offense. It is not a disciplinary action.

So the employer has the right to reprimand and at the same time deprive the premium and its size does not matter.

Labor Relations Is a rather complex multifaceted process. Any employee is assigned certain functions that must be strictly observed and performed in accordance with labor contract... For various reasons, employees may commit misconduct that entails disciplinary order, according to the Labor Code of the Russian Federation. Basically, employers confine themselves to a reprimand or a remark, however, there are a number of cases when the case can come to dismissal. According to the legislation Russian Federation, the duration of the disciplinary action is 365 days... At the discretion of the head, it may be withdrawn ahead of schedule.

Motives for disciplinary action.

The rules for the appointment of a fine are usually prescribed in the labor contract and the employee's job description. So that disciplinary action was legitimate, first you need to prove the fact of violation. This function assigned to employees personnel service enterprises. For this, the specialists of the personnel department must initially familiarize all employees with their official duties, according to the employment contract and job description... After an employee of the enterprise has committed a misdemeanor, an authorized specialist is obliged to take an explanatory note with a description of the incident. If the error was made due to biased reasons, this fact is not a violation. If the culprit refuses to write an explanatory letter, the HR specialist draws up an act of refusal to write a document. Then the authorized employee writes. It is worth noting that she does not have established form, but is written in arbitrary. The next step is to draw up an order or order on the application of a disciplinary sanction, which prescribes the type of the assigned requirement, a description of the incident, the consequences and motives.

This document is brought to the knowledge of the employee within three days from the moment it is signed by the head of the institution. It is worth clarifying that the order must be drawn up within six months from the moment the act was revealed, but the fact of the violation must be discovered within a month from the date of the mistake, with the exception of illness, travel and vacation days, as well as other valid reasons.

Motives for applying a disciplinary sanction:

Failure to comply with official requirements;
non-fulfillment of the work schedule: systematic delays, absenteeism, provision of false business information to the manager.
disclosure of classified information;
non-observance of safety measures at the workplace;
poor performance official duties;
inappropriate behavior in the workplace.

Absenteeism and tardiness may be subject to any type of disciplinary action. In case of poor-quality performance of official duties or non-observance of the work schedule, the employee will be punished with a reprimand, or a remark, if this is done for the first time. According to Art. 81 clause 5 of the Labor Code of the Russian Federation, the first offense is a remark, the second is a reprimand, but, and after the third, dismissal. For the disclosure of classified data, as well as providing management with false information on the job, the employee should be fired.

Types of disciplinary action can be both written and oral. TO writing treat reprimands with mandatory entry into a personal file and a mark in labor book employee. Oral form refers to a remark, which is also drawn up by order and entered into a personal file, but without a mark in the labor book. Disciplinary action can have a negative impact on the employee's performance. this enterprise, but in the future, the position of the walls of the company, this remark will not have legal force.

Sample: Order of Disciplinary Action (download)
A source:

What types of disciplinary action are provided for by the labor code of the Russian Federation

In accordance with the Labor Code of the Russian Federation, there are 3 types of disciplinary sanctions: reprimand, reprimand, and dismissal.

For an individual group of employees, at the discretion of the employer, they can also apply a disciplinary action in the form of transfer to another less paid position, a severe reprimand with entry into a personal file, deprivation wages either bonuses, as well as a warning of non-compliance job requirements... These requirements do not have legal grounds and can be appealed in the court decision procedure.

Employers' mistakes when applying disciplinary action (video):

The duration of the disciplinary sanction

Disciplinary action is applied no later than 30 calendar days, from the moment the misdemeanor was revealed. In the case of an audit by the auditing, financial or auditing services, the period of validity of the disciplinary sanction may be 2 years from the date of the discovery of the fact of the employee's fault.

Types and procedure for imposing disciplinary sanctions
A source:

The action of a disciplinary sanction lasts 12 months, provided that no other incident will be committed, followed by a new punishment. If the dismissal of the offender was chosen as a measure of punishment, then the disciplinary sanction will not be lifted. Guilt is removed only if a fine or reprimand is imposed. It should be noted that it is not recommended to lift the disciplinary sanction earlier than six months after the date of the misconduct. It is important to know that according to Part 2 of Article 194 of the Labor Code of the Russian Federation, in some cases, the employer may remove the disciplinary sanction ahead of schedule.

Grounds for early withdrawal:

At the discretion of the company's management;
at the request of the culprit;
at the insistence of the authorized body;
at the request of the immediate leader of the offending employee or trade union.

In this case, the head of the employee or the trade union writes a petition to the head of the enterprise. At the personal request of the offender, a statement is written to the head of the organization to reduce the period of disciplinary sanction. At the same time, there is no established form of petition or statement at the legislative level. It is written in free form. Where the name of the company, in whose name the statement is written, data about the employee, and also the request for lifting the disciplinary sanction and the argument, indicating the reason for removing the punishment, are indicated in detail. After that, the date is indicated and the signature of the person who issued the document is put.

Appealing a fine

Every person from birth has inherent rights given to him and is free. When labor disputes and the imposition of a disciplinary sanction, each employee has the right to appeal this decision within three months from the date of its announcement, with the exception of dismissal. If an incompetent employee is fired, the appeal period is reduced to one month. To do this, first of all, it is necessary to use the right to appeal to the labor dispute commission. The next stage will be an appeal to the prosecutor's office or filing a statement of claim for the restoration of violated rights in the court of first instance. In case the employer has illegally issued a disciplinary sanction or the documents are not drawn up correctly, the employee has all the advantages to win the case in court. If such a decision was made, then the disciplinary documents must be destroyed. If the employee was dismissed, then the head of the enterprise is obliged to reinstate him in his position, and to pay damages for missed working days in the amount of the subordinate's average salary.

Disciplinary action - consequences for the employee

According to paragraph 5 of part 1 of Article 81 Labor Code In the Russian Federation, the motive for the dismissal of an employee may be unworthy fulfillment of official requirements, in conditions of disciplinary sanction. However, it is only the leader who decides to establish fairly strict measures against the offender. For a systematic violation, the director can dismiss the employee, or he can make concessions to him, and re-issue the reprimand. In this case, the effect of the disciplinary sanction will be calculated from the moment of the last notice. After automatic or early withdrawal of the penalty, it is strictly forbidden to apply the consequences for the previous facts of violation. But this does not mean at all that the employer should not react to violation of the employee's labor discipline.

In order to prevent the application of disciplinary action, each employee must perform the duties assigned to him honestly and in good faith. Only in this case the employee will establish himself as a responsible employee and the employer will appreciate his professional qualities.

The procedure for applying a disciplinary sanction (video):

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

What can they be punished for?

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

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

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

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

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

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

What measures can be taken?

Disciplinary responsibility v labor law provides for the following types of penalties:

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

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

What is the duration of the disciplinary action?

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

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

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

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

Application of foreclosure

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

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