Types of disciplinary sanctions. Validity of a disciplinary sanction (Labor Code of the Russian Federation) The effect of a disciplinary sanction

Management has the right to impose disciplinary sanctions on an employee for non-compliance with disciplinary responsibility.

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Management has the right to impose disciplinary sanctions on an employee for non-compliance with

Disciplinary action- the punishment imposed on the employee in connection with the violation by him labor discipline.

Types of disciplinary action:

• Remark - is done orally;
• Reprimand - condemnation of the employee's misconduct (without entering into work book, private bussiness);
• Dismissal on the relevant grounds - it can be recognized as lawful, in accordance with the current legislation, under three simultaneous conditions: the grounds for dismissal are provided current legislation and correspond to the actual circumstances; the procedure for dismissal is observed and corresponds to the specially provided grounds; action employment contract terminated.

For each disciplinary offense, only one disciplinary sanction may be applied. For certain categories of employees, federal laws, charters and regulations on discipline may provide for other types of punishment. But it should be remembered that disciplinary sanctions can only be imposed in accordance with the law. There is no list in the labor legislation, therefore, the head of the company decides whether to punish the employee or not, taking into account the employee's explanations.

An employee can appeal against a disciplinary sanction in court if the labor duties assigned to him are not fixed in the employment contract.

The imposition of a disciplinary sanction is regulated by Art. 193 Labor Code of the Russian Federation

Before imposing a disciplinary sanction, the fact of violation of labor discipline should be documented. After that, the employee must write an explanatory note in which you need to state the reasons for your behavior. The reasons are carefully analyzed by management, and it is established whether they are valid or not. If after two working days no explanation is provided, an act is drawn up signed by two or more witnesses. A manager who has such an act in his hands can impose a disciplinary sanction without explanation from the employee.

The process of imposing a disciplinary sanction must be strictly followed. If the disciplinary sanction is found to be illegal, the employee may demand compensation for moral damage and restoration of violated rights.

Information about penalties is not entered in the employee's work book and personal card form No. T-2 (clause 5 of the Rules for maintaining and storing work books).

The absence of an employee at the workplace is recorded in the time sheet. For the time of absence, the employee is not charged wage. If we are talking about non-fulfillment of labor duties, evidence of the employee’s unsatisfactory work will be needed - customer complaints, work plans and schedules, terms of reference, etc.

When all the evidence of the employee's guilt is collected, on disciplinary action. If the penalty is a remark or reprimand, then the order is issued in free form. If the employee is fired, then this is formalized by an order to terminate the employment contract with the employee in the unified form No. T-8 (approved by the Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). The order to impose a penalty in the form of a remark or reprimand is announced to the employee against signature within three working days from the date of issue, not counting the time the employee is absent from work (Article 193 of the Labor Code of the Russian Federation). If the employee refuses to sign the order, an act is drawn up about this.

Terms of disciplinary action

A disciplinary sanction may be imposed on an employee no later than one month from the date of discovery of the misconduct. This period is suspended only for the period of vacation, illness of the employee and taking into account the opinion of the representative body of employees.

"The penalty cannot be applied later than six months from the date of the misconduct. Based on the results of an audit, audit of financial and economic activities or an audit, no later than two years from the date of its commission" (Article 193 of the Labor Code of the Russian Federation). This applies to those offenses that are not detected immediately after the commission, but after some time (wasting Money firms). And if the offense was discovered later than the specified period, the employee cannot be held liable. The six-month period does not include the time of criminal proceedings.

The employer has the right to dismiss an employee if, for example, he brought sick leave, confirming that he was sick five days out of ten missed, and the rest are not respectful. In this case, an explanatory note is required from the employee, on the basis of which the issue of dismissal is decided.

The date of the order to impose a disciplinary sanction will be the day when management became aware that the employee was absent for an unexcused reason, or a later date within the time limits specified in article 193 of the Labor Code of the Russian Federation.

Vacation pay is paid to an employee regardless of the reason for the dismissal. If an employee has several unused vacations, then the employer must pay all of them upon dismissal, whatever their duration. But such an employee cannot take a vacation before dismissal, since the employment contract with him is terminated on a guilty basis (Article 127 of the Labor Code of the Russian Federation).

Not all employees can be fired for misconduct, even if there are grounds for this. For some, a complicated procedure for terminating an employment contract is provided (pregnant women, minors, etc.).

Removal of a disciplinary sanction

An employee is considered not to have disciplinary action if he is not subjected to a new disciplinary sanction within a year from the date of application of the disciplinary sanction. (Article 194 of the Labor Code of the Russian Federation).

A disciplinary sanction can be removed from an employee earlier at the initiative of the administration, at the request of the employee himself, at the request of his immediate supervisor or a representative body of the labor collective (Article 194 of the Labor Code of the Russian Federation).

A request for the removal of a disciplinary sanction can be expressed in a statement (if the employee himself asks), memo(if the request comes from the immediate superior), the petition of the representative body. If the head of the company agrees to remove the penalty from the employee ahead of schedule, he puts a positive resolution on this document. After that, you need to prepare an order to remove the disciplinary sanction in free form.

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

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

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

Overlay types disciplinary action it:

• rebuke;
• comment;
• dismissal.

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

Disciplinary punishment in the form of a remark

Reprimand is one of the most lenient types of punishment.

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

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

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

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

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

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

Disciplinary action in the form of a reprimand

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

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

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

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

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

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

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

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

Dismissal due to violation of labor discipline

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

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

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

In addition, earlier the employee must receive disciplinary punishments.

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

The following violations are taken into account upon dismissal:

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

The procedure for applying disciplinary sanctions

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

Standard processing times are subject to change.

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

See what to do about shortage charges.

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

The employee is not liable six months after the violation.

Documentation procedures must be followed.

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

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

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

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

V explanatory note Reasons for misbehavior must be stated.. Evaluation of arguments is at the discretion of the employer.

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

Drawing up a disciplinary order

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

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

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

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

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

Below is a sample order.

Duration of disciplinary action

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

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

Appealing a disciplinary sanction

The appeal is based on two grounds.

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

Second base- breach of procedure.

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

Courts generally consider the following circumstances:

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

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

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

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

Frequently asked questions about disciplinary actions

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

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

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

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

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

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

If employees of the enterprise commit misconduct or improperly perform their duties, the employer has the right to apply disciplinary action against them in accordance with the Labor Code of the Russian Federation. Sometimes such strict measures are necessary for the discipline of the team and the proper performance of duties. However, management does not always act in accordance with the law, as a result of which employees turn to the judiciary.

At the legislative level, several types of punishments are defined for application to an employee:

1. Comment.
2. Reprimand announcement.
3. Dismissal.

There are no other penalties provided by law. Some companies apply fines to employees, transfer them to positions with a lower salary. These types of punishments are illegal.

At the same time, there are ways to deprive the award, as well as methods of appealing this decision. Since incentive payments are an integral part of the salary (as an incentive component), in the event of its deprivation, the employee, when applying to the court, can achieve a return with penalties equal to 1/300 of the key rate for each overdue day.

In the case of “linking” the bonus to work standards, the employer can avoid making positive court decisions in favor of the employee. In this case, a decrease in its size or non-payment should be reflected in the order. It is also necessary to draw up a provision on bonuses, where it is mandatory to list the conditions for paying bonuses.

the most loyal disciplinary punishment is a remark. Most often it is announced for being late for workplace.

Penalties under the Labor Code of the Russian Federation are applied to workers when they commit misconduct. There is one type of punishment for violation. It is impossible to make a remark for being late and then reprimand for it.

There are the following types of disciplinary violations:

• Once recorded- absenteeism, being at work in a state of intoxication, not passing a medical examination. The penalty can be anything, including dismissal (Article 81, Clause 6 of the Labor Code of the Russian Federation).
• Failure to perform immediate duties. This includes being late. After the first misconduct, the employee is threatened with a remark, the second - with a reprimand, and with subsequent ones he can be fired (Article 81, paragraph 5 of the Labor Code of the Russian Federation);
• Wrongful acts in relation to property employer, committed by a person who bears responsibility for its safety(cashiers, accountants, storekeepers). Any penalty is applied to them by decision of the management, including dismissal (Article 81, Clause 7 of the Labor Code of the Russian Federation);
• Providing false documents when applying for a job. In this case, you are threatened with dismissal.

Also among the misconduct should be noted the failure to comply with the orders of the leadership.

Rules for imposing disciplinary sanctions

In order to properly hold an employee liable, it is necessary to prove the fact of a misconduct. As a rule, this responsibility is assigned to specialists personnel service and lawyers.

The following conditions must be met:

• All workers at the enterprise must be familiarized with their job description , and safety precautions, as well as local instructions.
• Established fact of guilty actions. If an employee committed a misconduct due to circumstances beyond his control, it is not a violation.
• It must be requested from the employee. It is most correct to demand that it be drawn up by hand with familiarization against signature with a limited deadline of no more than two working days. If an explanatory note is not presented, the authorized employee has the right to draw up an act of refusal to explain the situation.
• An act is drawn up and memorandum. Documentation is entrusted to the personnel department.
• Issuance of an order indicating the applicable penalty. It is determined by the circumstances of the incident, the consequences and motives of the offense committed.

Sample disciplinary act

The worker must be familiarized with this order no later than three days after its execution (excluding the period of absence from the workplace). In case of refusal, an appropriate act is required.

According to Art. 193 of the Labor Code of the Russian Federation, an order for collection is issued no later than six months from the date of the misconduct, from the moment it is discovered, no more than a month should pass. Date of detection - when the immediate supervisor of the offender learned about the violation.

Duration of disciplinary punishment

The charge is valid until withdrawal. If the employee was fired, it is not implied. Only a reprimand or a remark is canceled, but subject to the continuation of the employment relationship.

The punishment can be extinguished in two cases (Article 194 of the Labor Code of the Russian Federation):

• After 1 year automatically from the date of entry into force of the order to impose a punishment (if the employee has not committed a new misconduct).
• By early withdrawal at the initiative.

Since the decision to impose a penalty and its type are determined by the head of the organization, then early withdrawal must be agreed with him. Automatic is made without formalities.

The employer, employee, immediate supervisor or a trade union.

An application is made to the head of the enterprise. And when the employee himself contacts, he writes a statement. The document must indicate the data of the manager, employee or team that initiated the petition, state the request, indicating the arguments in favor of canceling the punishment, put the date and signature.

Time limit for appeal

The points of appeal are:

• Labour Inspectorate;
• judicial authorities;
• labor dispute committee.

The reason may be:

• penalty twice for the same offense;
• improper design;
• the absence of an employee at the workplace due to illness or vacation at the time of imposition of punishment;
• violation of the deadlines for drawing up the act;
• if not offered to write an explanatory note.

Application for removal of a disciplinary sanction sample

To apply to any of the above instances, up to three months are allotted. If, as a punishment, the employee was dismissed from the organization, the period is no more than a month.

Filing a statement of claim in court with the aim of challenging the penalty is possible with simultaneous appeal to the commission or if the decision of the previous instances is not satisfactory.

A disciplinary sanction is a punishment imposed on a soldier or employee in case of violation of established disciplinary norms. If you need to know exactly what you will encounter, you should familiarize yourself with the issue in detail. Everything related to recovery is considered in article 192 of the Labor Code of the Russian Federation.

Types of disciplinary action

Disciplinary action is a common measure officially adopted in accordance with the law. There are several species that have own characteristics. Having become acquainted with them, a person will learn the details of the possible consequences of a particular violation:

Comment

A remark is the simplest way of punishment by a superior or a supervisory authority. In this case, the recovery occurs orally, so it rarely entails serious consequences. Usually such a penalty is a preliminary action, after which you will have to face a fine or dismissal.

The remark remains the simplest measure, so it is issued even for minor misconduct, for example, being late.

Rebuke

A reprimand is a serious remark made in writing. Usually his appearance entails strict measures of influence or "entry into a private file." This indicates a long period of validity, so it will not be possible to remove it freely.

Here is a sample order for announcing a reprimand:

In practice, such a punishment cannot be called weak, because, depending on the offense, a fine is issued for it, or there is a demotion and rank.

The reprimand is not eliminated in a short time. This requires special conditions, as well as the mandatory absence of violations for a long time. Otherwise, the management will increase the punishment, if necessary, reaching the dismissal of the employee.

Dismissal

Dismissal is a categorical punishment on the part of management. Such decisions are made in case of serious violations of discipline or complete failure to comply with all instructions. Moreover, it is practically impossible to refute the decision, even using one's own rights specified in the legislation of the Russian Federation.

Dismissal becomes last resort punishment. Such a disciplinary sanction leads to the loss of a job and is documented. In such cases, it will not work to get off with a fine, no matter how the employee insists on it, which is directly related to the seriousness of the reasons that led to the dismissal.

The procedure for applying disciplinary sanctions

It is officially described, and its details can be clarified in article 193 of the Labor Code:

• The employer establishes the fact of a disciplinary offense by receiving a memorandum with the facts of violations committed.

The administration is obliged to take into account not only the committed act, but also the circumstances that caused such actions;

• Before imposing any disciplinary sanction, the employee should be required to explain in writing:

• The employee has the right to refuse to disclose the reasons that led to the misconduct, after which a detailed act will be drawn up according to the model:

• Making a decision on a disciplinary sanction takes into account the decision of the trade union committee or other body representing the rights of employees. A disciplinary sanction may be issued on the basis of a criminal procedure;
• The punishment is imposed exclusively in the form of an order and must be brought to the attention of the employee against signature within 3 days:

• The employee does not want to sign the notification, then the procedure for filling out the corresponding act is carried out.

Administration decision

Most often, a disciplinary sanction is removed by decision of the administration. The reason may be the fallacy of the chosen method of punishment or the length of service of the employee. Rarely do management want to continue to punish an employee until the end of the term, so they use measures solely to intimidate the team.

If the administration makes a decision, the disciplinary sanction is removed ahead of schedule, and the corresponding order is issued:

The employee is notified about this, but he should not continue to commit the same misconduct, otherwise the measure of influence may be strengthened. A great example is layoffs after being 3-4 late to the workplace.

Decision of the trade union committee

When issuing a disciplinary sanction, the decision of the trade union committee is also taken into account. It can also be used for early removal of punishment. Such actions became possible after changes were made to Labor Code, where there were official representatives responsible for the rights of employees. Now you can apply for help, which will be presented after a new consideration of the case.

The decision of the trade union committee is a complex issue. Until now, it is issued taking into account the wishes of the management, therefore it does not always turn out to be correct. Most often, employees do not even try to contact the relevant authorities, although their support is indicated in the legislation of the Russian Federation.

The duration of the disciplinary action

A disciplinary sanction may be applied only within 1 month from the day when the fact of violation was established. However, the following intervals are not taken into account during this period:

• sick leave;
• holiday pay;
• the time required to agree with the trade union.

Such a measure of punishment cannot be applied in the following terms:

• After 6 months from the date of the disciplinary offense.
• After 24 months from the date of the commission of the misconduct revealed by the results of the relevant checks.

These terms do not take into account the time that the criminal case will take (if it is opened).

Appealing a disciplinary sanction

An employee may appeal a disciplinary sanction if he does not agree with such a decision. To do this, he must apply to the State Labor Inspectorate, the commission on labor disputes or the court, drawing up the appropriate act according to the model:

The petition should be made as truthfully as possible, otherwise, if facts of fraud are established, the punishment may be increased.

You can file an appeal within 3 months from the date of the order. However, this period is reduced to 1 month if the result of the disciplinary sanction is dismissal.

There are many reasons for an appeal, including:

• the order for collection is executed incorrectly;
• the penalty was issued in violation of the deadlines;
• the punishment was imposed when the employee was on sick leave or on vacation;
• the employee did not receive notification of the request.

After the approval of the appeal, the body that made such a decision is obliged to take tough actions against the head of the organization. The reason for this will be confirmation of illegal actions.

Video: Disciplinary Actions in the Workplace

The issue of disciplinary action will be fully discussed in the following video:

The procedure for making a decision requires detailed consideration on various levels. Disciplinary sanctions are drawn up only in writing, supported by the necessary documentation. There are certain periods of validity, as well as tools of influence for the early removal of punishment.

Duration of disciplinary actionis limited, and as soon as it passes, the penalty itself is considered removed. What the law has limits 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 is the disciplinary action

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 there are such additional types collections like:

• severe reprimand,
• warning about incomplete service compliance,
• transfer to a lower position (for the military - 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 November 30, 2011 No. 342-FZ and the Disciplinary Charter of the Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation dated November 10, 2007 No. 1495.

WITH the term of a disciplinary sanction under the Labor Code of the Russian Federation is 1 year

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

Don't know your rights?

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

In this regard, the following practice has appeared: as soon as the penalty ceases to have effect, a person applies to the labor dispute commission to change the entry in the labor. However, there is one more nuance here: with the dismissal, labor Relations, which means that disciplinary responsibility. Consequently, there seems to be no expiration date for the sanction in the form of dismissal as such... So there is room for different interpretations of the norms 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 the duration may vary.

Employer's right to independently withdraw penalties

Norm, Part 2, Art. 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 may happen if:

• the employer himself noticed improvements in the performance of labor duties and took the initiative;
• such a request was made by an employee;
• this was requested by the immediate supervisor;
• the demand was made 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 formalized by order, and unified form not here, therefore, in each company, the corresponding order is drawn up by a personnel officer only on the basis of existing experience and knowledge.

Consequences of expiration

While the disciplinary sanction is in effect, the commission of a new violation by an employee entails more severe consequences for him. For example, paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, one of the sufficient grounds for dismissal of an employee is his failure to fulfill his duties, provided that he has a valid disciplinary sanction. True, it is up to the employer to decide whether to apply more stringent measures to an employee who already has a valid penalty. He can use this right - and then, after the reprimand, the employee can be fired, or he can give the employee another chance by declaring a second reprimand. The period of validity of the reprimand in this case will be counted from the moment the last penalty was announced.

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

By general rules disciplinary sanction is valid for a year after its issuance. After that, it is automatically removed, although the manager can do this earlier. As long as the disciplinary action is in effect, it may serve as a reason to increase liability for subsequent violations committed by the same employee. At the same time, after the change of work, the penalties issued at the previous place of activity cannot be used by the new employer.