A disciplinary sanction is a punishment imposed on a military personnel 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 question in detail. Everything related to collection is discussed in Article 192 Labor Code RF.
Types of disciplinary action
Disciplinary action is a common measure officially adopted in accordance with the law. There are several species with their own characteristics. After getting acquainted with them, a person will find out the details possible consequences one or another violation:
Comment
A reprimand is the simplest way of punishment from a boss or supervisory authority. In this case, collection occurs verbally, so it rarely entails serious consequences. Typically such a penalty is preliminary action, after which you will have to face a fine or dismissal.
The remark remains the simplest measure, so it is imposed even for minor offenses, such as being late.
Rebuke
A reprimand is a serious reprimand issued in writing. Usually its appearance entails strict enforcement measures or “entering into a personal file.” This indicates long term actions, so you won’t be able to remove it freely.
Here is a sample order to issue a reprimand:
In practice, such a punishment cannot be called weak, because depending on the offense, a fine is issued, or a demotion in position and rank occurs.
The reprimand is not resolved in a short time. This requires special conditions, as well as the mandatory absence of violations for a long time. Otherwise, management will increase the punishment, if necessary, going as far as dismissing the employee.
Dismissal
Dismissal is a categorical punishment from management. Such decisions are made in cases of serious violations of discipline or complete failure to comply with all instructions. Moreover, it is almost impossible to refute the decision, even using your own rights specified in the legislation of the Russian Federation.
Dismissal becomes the final measure of punishment. Such disciplinary action results in loss of employment and is supported by documented reasons. In such cases, it will not be possible to get away with a fine, no matter how much the employee insists on it, which is directly related to the seriousness of the reasons that led to the dismissal.
Procedure for applying disciplinary sanctions
It is described officially, 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 report containing the facts of the violations committed.
The administration is obliged to take into account not only the act committed, but also the circumstances that caused such actions;
- Before applying this or that disciplinary action 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 report will be drawn up according to the following example:
- The decision on disciplinary action takes into account the decision of the trade union committee or other body representing the rights of employees. Disciplinary action may be imposed on the basis of criminal proceedings;
- 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 notice, then the procedure for filling out the corresponding act is carried out.
Administration decision
Most often, disciplinary action is removed by decision of the administration. The reason may be the wrongness of the chosen method of punishment or the length of service of the employee. It’s rare that management wants 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 lifted ahead of schedule, and the corresponding order is issued:
The employee is notified of this, but he should not commit the same offenses in the future, otherwise the sanction may be increased. An excellent example is dismissals after 3-4 late arrivals. workplace.
Trade union committee decision
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 a sentence. Such actions became possible after amendments were made to the Labor Code, where official representatives appeared responsible for the rights of employees. You can now seek help, which will be provided after a new review 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 management, so 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.
Duration of disciplinary action
Disciplinary action can only be applied within 1 month from the day the violation was established. However, during this period the following intervals are not taken into account:
- sick leave;
- vacation pay;
- time required for agreement with the trade union.
This penalty cannot be applied within the following periods:
- After 6 months from the date of the disciplinary offense.
- After 24 months from the date of commission of the offense identified as a result of relevant checks.
These deadlines do not take into account the time it will take to conduct a criminal case (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 contact 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 drawn up 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 can be many reasons for an appeal, including:
- the order for collection was executed incorrectly;
- the penalty was issued in violation of the deadlines;
- the punishment was imposed while the employee was on sick leave or on vacation;
- the employee did not receive notice of the request.
After approval of the appeal, the body that made such a decision is obliged to take strict action against the head of the organization. The reason for this will be confirmation of the illegality of the actions.
Video: Disciplinary action 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 various levels. Disciplinary sanctions are drawn up only in writing, supported by the necessary documentation. There are certain validity periods, as well as instruments of influence for early removal of punishment.
A disciplinary sanction, to put it simply, is a punishment that is imposed on a company employee if the latter violates his work (i.e., labor) duties.
This penalty, if proven, can be imposed on any of the company’s employees, regardless of their specialty.
A violation that is not documented or documented in an inaccurate manner has no legal force.
Application of disciplinary action
A penalty is imposed on an employee who violates his or her job duties. This violation will mean failure to perform at all, as well as poor performance by the employee of his duties (labor), but only through the fault of the employee himself.
In company documents and labor contract, concluded with the employee, the duties of the employee are spelled out, which he, in fact, must perform.
The employee must be familiarized with the listed documents upon entry to work against signature, and a copy of the employment contract must be kept in the employee’s hands. It is precisely their failure to comply, or poor quality performance, that will be the reason for imposing a disciplinary sanction.
So, review the listed documents more often.
You can list other cases in case of violation of which disciplinary action is applied.
These include the following:
- failure to comply with discipline, namely labor discipline;
- violation of the points listed in the instructions (job description) and other regulatory documents;
- performing actions that are prohibited by company documents.
Types of disciplinary sanctions
Let’s imagine a situation where an employee violated labor discipline. His employer can quite legally apply penalties (disciplinary) to this employee.
There are very few of them. A reprimand, reprimand and dismissal are not only penalties, but also legally justified penalties. The employer should not and cannot apply other penalties.
But even here there are exceptions; if any other penalties are specified in the organization’s existing documents, then the employer has the right to apply them:
- Comment. This penalty represents the lightest possible disciplinary action that an employer can take against an employee.
- . This is a more responsible penalty that an employer can apply to an employee.
- Dismissal– the highest measure of responsibility applied to an employee.
How to properly file a disciplinary sanction?
If there is a fact of a disciplinary violation, then it must be recorded correctly. To do this, you simply need to document this fact.
To do everything without violations and in accordance with the law, you need to draw up in writing several or one document from the following three:
- Act. A document recording the commission of a corresponding disciplinary violation by an employee is called an act. An act may be drawn up in some cases, for example, if an employee is late, or if the employee is absent from work, as well as in case of refusal to undergo a medical examination, etc.
- . The employer can draw up a note (report), for example, if the deadline for submitting any report, document, etc. is missed, the employee fails to fulfill his duties, etc.
- commission decision. Such a document is drawn up when damage is caused to the employer.
So, if, after all, a violation by an employee is recorded, then it is necessary to demand an explanation from the employee about the incident that occurred, but only in writing.
It would be better if the employer recorded in writing his request for explanations.
In the note, the employee should try to justify himself and indicate all the reasons why he committed a certain act. But it also happens that an employee does not want to provide explanations if, for example, there are simply none.
So, if the employee, nevertheless, did not provide the document within two working days, this must be recorded in writing, namely in an act.
Just in case of a controversial situation, the employer's written request for explanations and the corresponding act on the absence of these explanations may become sufficient grounds for imposing a certain disciplinary sanction.
But it is quite possible that the situation will be different if the employee nevertheless presented explanatory note during.
Then it is the employer’s responsibility to carefully consider it and make a decision. If the listed reasons set out in the explanation are considered valid, then there may be no reprimand or punishment. In another case, such a note will necessarily serve as the basis for a penalty.
Now you can move on to another stage, where an order is created. The manager must decide what punishment the employee will suffer. This must be determined by considering certain factors, for example, the severity of the action committed and the consequences that occurred.
Three working days are allotted for drawing up and delivering the order to the employee.
The order must set out the following points:
- personal data of the employee, occupation and department in which the employee works;
- the essence of the offense;
- description of the identified offense and determination of the degree of its severity;
- the presence of the employee’s fault;
- the type of disciplinary sanction that is applied and, of course, what grounds there are for the sanction.
It often happens that the employee refuses to review and sign the order. In such a situation, we act very simply; it is necessary to draw up a written act, namely, about the refusal to sign the order.
The disciplinary sanction is entered into the employee’s personal file, but the employer has a choice in such a situation, that is, he has the right not to enter it into the personal file. It will be enough to enter it in the employee’s personal card, but not in work book.
Any company employee who has been disciplined has the right to appeal the imposed penalty to the labor inspectorate.
If an employee, from the moment penalties were applied to him, performs his work in good faith, and has not been subject to a new penalty throughout the entire year, then he is automatically exempt from such a disciplinary sanction.
If a situation arises that more than one month has passed since the discovery of the violation, then penalties will not be applied. Of course, this excludes the time the employee is sick, on vacation, etc.
And if six months have already passed, then the employee cannot be held liable. An exception is when conducting an audit, audit, etc., here the period is increased to two years.
For each disciplinary violation committed, only one disciplinary sanction can be applied.
Can a disciplinary sanction be lifted?
It may well be from the employee.
If there are no other penalties within one year, and after this year, the penalty must be lifted from the employee. But at the personal request of the employer, such a penalty can be lifted during this one year, but only by at will, or at the personal request of the employee, also at the request of a representative body or the employee’s boss.
Also, if an employee, during his punishment, that is, one year, is transferred to some other position, regardless of whether it is an increase or a demotion, this is also grounds for removing the penalty imposed on him.
If the employer has a desire to release the employee early from the penalty, then this desire must be supported and formalized by an order “to remove the penalty,” and the order must be communicated to the employee against signature.
There is simply no specialized form of such an order, so the organization itself must develop it.
But the order must necessarily indicate the personal data of the employee and information about the removal of the penalty, that is, the date and grounds.
Consequences of a penalty for an employee of an organization
- Firstly, if the employee has any documented penalty, then the employer can reduce or even deprive bonuses altogether, or deprive them of other incentive payments, if this is specified in the organization’s regulatory documents.
- Secondly, if a second violation suddenly follows, and accordingly, disciplinary action, then the employer has the right to dismiss the employee in accordance with current legislation.
Perform your work duties efficiently and with full responsibility, and then you will not face any disciplinary action!
Stanislav Matveev
Author of the bestselling book "Phenomenal Memory". Record holder of the Book of Records of Russia. Creator of the training center "Remember Everything". Owner of Internet portals in legal, business and fishing topics. Former owner of a franchise and online store.
If an employee violates labor discipline, ignores his job duties or violates the provisions of the rules internal regulations, then the employer has the right to take disciplinary action against him.
The types of disciplinary punishments that the employer has the right to apply to offending employees are specified in Art. 192 Labor Code of the Russian Federation. Before imposing any penalty on an employee, the employer must compare the degree of guilt of the employee and the damage caused to him with the punishment itself.
Types of disciplinary sanctions in the labor code
Disciplinary sanctions include:
- comment;
- rebuke;
- dismissal.
According to the Labor Code of the Russian Federation, the employer has the right to apply one of the above penalties to the employee if he has committed an illegal or culpable act in a relationship labor discipline or the employer's property.
In addition to these penalties, the employer may additionally apply the following:
- warn the employee that he is partially unsuitable for the position. A warning does not have to be given in in writing. This can also be done orally;
- release the employee temporarily from the position he occupies;
- impose a fine on the employee.
These measures are not disciplinary sanctions under the Labor Code of the Russian Federation, but they are provided for by other regulations.
In order to impose a certain penalty on an employee, the employer must follow the procedure. If this is not done, the employee can challenge the punishment in court and demand compensation from the employer for moral and material damage. First of all, the employer must request from the employee written explanation committing a culpable offence. If the unlawful act was committed for a good reason, then the employer does not have the right to punish his employee.
Unfortunately, the concept of “good reason” is not defined in the Labor Code of the Russian Federation. Therefore, whether the reason is valid will be decided by the employer.
A disciplinary sanction can only be imposed within 1 month from the date of commission of the offence. This period does not include the time when the employee is on sick leave, or the time while the employer’s representative body makes a decision. If the culpable offense was revealed by an audit or audit, then the guilty employee can be punished within six months. For one guilty act, the employer can impose only one type of penalty.
Such punishments apply to civilians. Military personnel are subject to slightly different disciplinary sanctions for violation of discipline.
Comment
This is the most loyal form of disciplinary action. As a rule, it is issued in writing. At the stage of investigation of misconduct, the employer must require written explanations from the employee. If these explanations satisfy the employer, he may not apply the remark. The practice of applying such penalties indicates that the employer most often applies it for the following offenses:
- the employee violated his or her job duties only once and not seriously. For example, being late for work once. This can happen to any employee for reasons beyond his control. A current event is traffic jams. They can form in the most surprising places. If the delay occurred, for example, due to a breakdown of public transport, then you can bring a supporting document from the depot;
- failed to fulfill his job duties once. This is a more serious offense.
In any case, if the employer decides to punish his employee with a reprimand, he must correctly record the offense, issue an order and apply the punishment. Compliance with the registration procedure is the responsibility of the employer.
Order
There is no unified form of order to apply a disciplinary sanction to an employee. Therefore, the employer independently determines the form of this document. By general provisions drawing up personnel orders, an order to apply a disciplinary sanction such as a reprimand to an employee must contain the following information:
- about the employer:
- its abbreviated name, as stated in the constituent documents;
- document's name;
- serial number;
- Date of preparation;
- employee information:
- his full name;
- job title;
- if the enterprise is large, then you must indicate the name of the structural unit in which the offending employee works;
- formulation of the disciplinary offense;
- reference to the norm of the Labor Code of the Russian Federation;
- the wording of the disciplinary sanction is “reprimand”;
- date of document preparation;
- signature of the manager and transcript of the signature.
The offending employee must be familiarized with the order. That is, he puts his personal signature on it and marks “acquainted”. The validity period of an order to apply a disciplinary sanction in the form of a remark to an employee is 1 year. If during this period the employee has no longer committed any misconduct, then the reprimand is removed “automatically”.
Rebuke
A reprimand is a fairly strict disciplinary measure that can serve as one of the factors for dismissal and therefore requires an extremely correct approach from the employer to its application.
Management must clearly understand for what offenses a reprimand can be issued. Such disciplinary action is accompanied by two mandatory aspects:
- a reprimand can become one of the legal grounds for dismissing an employee. It is evidence that the employee grossly violated his labor duties at least once. If an employee receives a second legal reprimand, the employer can safely fire him. But at the same time, all documents must be completed correctly;
- one can consider a reprimand as a factor that increases labor discipline. An employee who has received a reprimand entered into his personal file will work more actively, as he will want to rehabilitate himself in the eyes of the employer.
The process of reprimanding an employee must be accompanied by accurate documentation of all necessary documents. Otherwise, the employee may challenge such a disciplinary sanction.
Order
Once the employer decides to advertise to this employee reprimand, he must draw up an order about this. An official investigation must first be carried out, written explanations must be requested from the offender and documents about the offense itself must be drawn up. An order to reprimand an employee is drawn up in exactly the same way as one to apply a reprimand.
Deprivation of bonus
A bonus is an incentive type of remuneration. As a rule, the manager issues a bonus if the employee has no complaints and has not violated labor discipline.
The bonus is an excellent motivation for staff, increases productivity, and improves discipline in the workplace. For the employer, the bonus part allows you to legally punish unscrupulous employees with “rubles” and reward loyal and hardworking employees.
The grounds for depriving an employee of a bonus depend on the type of bonus. If the bonus is a systematic payment, then this must be indicated in employment contract. An employee can be deprived of such payment only for a disciplinary offense, which must be proven by the employer.
In Art. 192 of the Labor Code of the Russian Federation lists only 3 types of punishments for disciplinary offenses. There is no deduction among them. Therefore, such actions by the employer cannot be considered punishment.
Penalties can only be applied if this is specified in the employment contract. The employer has the right to deprive the employee of the bonus in full or only part of it. But such a measure can be applied as a punishment only if all documents are completed correctly.
Order
Depriving an employee of all or part of a bonus occurs in the same way as applying a disciplinary sanction to him:
- the manager, in the presence of 2-3 people, draws up a report on the identified violation;
- the offender is required to provide written explanations;
- an order is drawn up for non-payment of the bonus and the period is indicated, or an order is drawn up for the deprivation of part of the bonus, indicating the violation;
- The order is issued to the violator against signature.
The order is drawn up in exactly the same form as the order to impose a disciplinary sanction. Punishment in the form of deprivation of bonuses can be applied within 1 month from the date of discovery of the violation.
What types of disciplinary sanctions do not exist?
In Art. 192 of the Labor Code of the Russian Federation clearly states that an employer can apply punishment to an employee for a disciplinary offense, but in a strictly specified form. There are only 3 types of disciplinary sanctions for violation of labor discipline:
- comment;
- rebuke;
- dismissal.
The employer does not have the right to apply two penalties simultaneously for one offense.
Depending on the specifics of the scope of application of the penalty, we can distinguish the following types punishments:
- reduction in class rank - for employees of the prosecutor's office;
- warning about incomplete compliance with the position held or work performed - for workers in certain fields of activity. For example, for nuclear energy;
- deprivation of a certificate for the right to drive a locomotive and other railway transport.
Such “specific” punishments are prescribed in special documents - charters, regulations, resolutions, etc. But in those relations that are regulated only by the Labor Code of the Russian Federation, there are only 3 types of penalties prescribed in Art. 192 Labor Code of the Russian Federation.
The employer can apply other types of punishment to the employee, but only if they are specified in the employment contract, in the collective agreement or in the local normative act. All documents must be prepared in accordance with the Labor Code of the Russian Federation. The employer must conduct an internal investigation, draw up reports, issue an order, and only after that punish his employee.
There are no disciplinary sanctions such as:
- fine;
- working off;
- deprivation of bonus;
- deprivation of time off;
- deprivation of leave;
- demotion;
- salary reduction;
- other.
How to remove a disciplinary sanction
The employer has the right to early remove the penalty from the employee. If this does not happen, then the penalty is automatically lifted after 1 year. Early withdrawal of foreclosure can be:
- at the written request of the employee himself;
- by decision of the employer;
- at the request of the head of a structural unit;
- upon request trade union body, if such exists at the enterprise.
A disciplinary sanction such as dismissal cannot be lifted. It can only be challenged judicial procedure. To do this, you must file a claim in court. This can only be done by an employee who believes that he was fired illegally.
In Art. 194 of the Labor Code of the Russian Federation states that the validity period of the penalty is 1 year, if the employee has not committed the offense again. It is removed “automatically”; no statements or petitions need to be written. The employer, for its part, also does not have to draw up any additional documents.
In Art. 191 of the Labor Code of the Russian Federation states that the employer has the right to remove the penalty from the employee ahead of schedule on the basis of the latter’s conscientious work. What is integrity? This:
- work without complaints for a certain period;
- making rationalization proposals;
- plan overfulfilment;
- participation in community service;
- accident prevention;
- other.
The penalty is lifted early on the basis of an order from management.
The employee has an obligation to comply with internal regulations and other local documents. But you can punish your employee for non-compliance with these rules only if management has familiarized the employee with them. That is, when applying for a job with each of the documents new employee must be familiarized with signature.
Labor relations are regulated, as is known, by the Labor Code. When applying for a job, the applicant and the employer enter into an agreement. The document specifies the basic conditions labor activity employee. The contract also establishes the obligations and rights of the parties.
By concluding an agreement, the employee voluntarily undertakes to comply with the standards labor legislation, provisions of local documents. If they violate them, he faces disciplinary action. In the Labor Code of the Russian Federation contains a special rule establishing the grounds and General terms application of sanctions to the guilty person - Article 192. Let's consider its features.
General information
According to the above Article of the Labor Code of the Russian Federation, disciplinary action may be charged to an employee who has violated the provisions of the law or other regulatory documents. Violation can be expressed either in non-fulfillment or in improper execution employee of professional duties through his fault.
Types of disciplinary sanctions under the Labor Code of the Russian Federation
The employer may choose one of the following sanctions:
- Comment.
- Rebuke.
- Termination of the contract (if there are grounds).
Federal laws, regulations on discipline, charters may provide for certain categories of employees and others not covered by Art. 192 Labor Code of the Russian Federation disciplinary action. Norm must be applied taking into account the provisions of Art. 81.
Features of the norm
According to Labor Code of the Russian Federation, to disciplinary sanctions applies to dismissal on the grounds established in Art. 81 (5, 6, 9, 10 clauses of part 1), 336 (clause 1), 348.11, as well as those provided for in clauses 7.1, 8, 7 of part one 81 of the norm, if the employee’s guilty actions give rise to a loss of confidence in him or he has committed an immoral act in the place and within the framework of his work activity.
The use of sanctions that are not established in federal legislation, regulations and charters is not permitted.
According to Art. 192 Labor Code of the Russian Federation, disciplinary sanctions should be charged only after assessing the severity of the offense and analyzing the circumstances in which the perpetrator committed it.
What is a disciplinary offense?
It should be understood as a culpable, unlawful failure or improper execution employee of the duties assigned to him in accordance with the contract, law and other regulations (including local ones) acts.
An offense may be expressed in violation of regulations, rules of procedure at the enterprise, job description, employer's order, technical rules and so on.
Guilt
Failure to perform/improper performance of duties will be considered guilty if the citizen acted negligently or intentionally.
Imposition of disciplinary sanctions under the Labor Code of the Russian Federation is not allowed if the corresponding violations were committed due to circumstances beyond the control of the person. For example, an employee did not fulfill his duties due to absence necessary materials for work, due to loss of ability to work, etc.
Illegality
The illegality of an employee’s behavior (inaction/action) is expressed in its non-compliance with the requirements of the law and other industry regulations.
On this issue, an explanation was given by the Plenum of the Supreme Court in Resolution No. 2 of 2004. The Court indicated that an employee’s refusal to perform a production task when a threat to his life/health arises in connection with the elimination of the corresponding danger cannot be regarded as a misdemeanor.
The behavior of a person who refuses to perform hard work or in dangerous/harmful conditions, if they are not provided for in the contract, will also be recognized as lawful. Exceptions can only be established by federal law.
Nuances
Due to the fact that the Labor Code does not contain provisions prohibiting the exercise of the right to such a refusal, in cases where the performance of the relevant tasks is conditioned by a transfer on the grounds set out in Article 72.2, the citizen’s refusal to transfer should be considered justified.
Failure to comply with the employer’s order to go to work before the end of the vacation cannot be regarded as a violation of discipline. The law does not provide for the right to call an employee early without his consent. The employee’s refusal to comply with such an order (regardless of the reason) should be considered lawful.
Types of discipline violations
As a misdemeanor for which one may be charged disciplinary action under the Labor Code of the Russian Federation, only such culpable unlawful behavior can occur that is directly related to the performance of professional duties. A person’s refusal to carry out a public order or failure to comply with the rules of conduct in a public place cannot be considered a violation.
Violations of discipline at the enterprise are considered:
- Absence of a citizen without good reason in the workplace or at work in general.
- Evasion/refusal to undergo a medical examination, special training, certification, exams on health and safety, equipment operating rules, if these procedures are prerequisite for admission to production activities.
- Refusal, without good reason, to conclude an agreement on financial liability, if service with valuables is the main job responsibility of the person and was agreed upon when he was hired at the enterprise, and the specified agreement can be concluded with the citizen, in accordance with the provisions of the law.
Art. 81 Labor Code of the Russian Federation
Disciplinary action may be used in connection with:
- Repeated failure by a citizen to comply with his labor functions without good reason if there is a penalty.
- One-time gross failure (violation) of duties.
- Acceptance by the director of the enterprise (structural unit), his deputy, ch. an accountant of an unjustified decision, the execution of which resulted in a violation of the safety of valuables, their illegal use or other property damage.
- Gross violation of professional duties by the manager or his deputy, committed once.
In addition to those installed in Labor Code of the Russian Federation for disciplinary sanctions sanctions are provided for in sectoral federal laws. For example, Federal Law No. 90 allows the dismissal of a teacher due to a gross violation of the charter educational institution admitted again within a year.
Exceptions
Given in Art. 192 the list is considered exhaustive. The application of any other penalties not provided for in the article is not permitted. For example, it would be unlawful to transfer an employee to a lower-paid position or collect a fine as a sanction for violations.
Exceptions are allowed in cases expressly provided for by law. For example, Federal Law No. 79 provides that a civil servant, in addition to the penalties established by Article 192 of the Labor Code, may be given a warning about incomplete compliance with the position held.
Rules for applying sanctions
They are fixed Art. 193 Labor Code of the Russian Federation. Disciplinary action may be charged only after receiving an explanation from the employee who committed the violation. They are provided in writing. The employee is given 2 days to draw up explanations. If at the end of this period no explanations are provided, the employer must draw up a corresponding report.
It must be said that failure to provide an explanation is not considered an obstacle to the application of sanctions to those responsible.
Deadlines
They are also mentioned in norm 193 of the Labor Code of the Russian Federation. The time limits for disciplinary action are set as follows:
- The sanction is applied no later than 1 month. from the date of discovery of the violation. This period does not include the days the employee is on vacation, temporary disability, as well as the time allotted for taking into account the conclusions of the trade union.
- The sanction cannot be applied after 6 months. from the date of the violation, and based on the results of the audit, audit inspection, inspection of financial and economic transactions - after two years. These time limits do not include the time of criminal proceedings.
For each violation, the perpetrator may be subject to only one sanction. Otherwise, his constitutional rights will be infringed.
Violations of labor discipline or dishonest performance by employees of their duties are phenomena that organizational leaders have to deal with quite often. You will read about what types of disciplinary sanctions exist in the Labor Code of the Russian Federation and what the procedure for their application is in our article.
Cases of violation of labor discipline in any organization must, of course, be suppressed, and offenders, in turn, must bear disciplinary responsibility. As practice shows, many managers of commercial companies have a rather subjective attitude to the punishment of an offending employee, without taking into account the circumstances and severity of the offense committed. In addition, organizations often operate an opaque system of both fines and rewards, which is not documented, and punishments are imposed on employees literally “in words”, without appropriate documentation. There are also managers who completely abuse the issuance of disciplinary sanctions, thereby manipulating their subordinates, thereby fundamentally violating labor legislation.
Important! Any disciplinary punishment applied on illegal grounds may be appealed by the employee in court.
Types of disciplinary sanctions
The Labor Code of the Russian Federation provides for the application of three main types of disciplinary sanctions:
- comment,
- rebuke,
- dismissal on certain grounds.
Other types of penalties (for example, fines, depreciation and others) can be applied only if they are prescribed in the regulatory documents of the organization.
The application of disciplinary sanctions not provided for by legislative acts and regulations on discipline is not permitted!
In addition to the main types, disciplinary sanctions also include dismissal on the basis of a negative action (for example, absenteeism, gross or systematic violation of discipline, disclosure of secrets protected by law, theft in the workplace and others, Article 81 of the Labor Code of the Russian Federation).
When can disciplinary action be taken?
The main cases of application of disciplinary sanctions are defined in Article 192 of the Labor Code of the Russian Federation - this is the failure or dishonest fulfillment by an employee of his duties. job responsibilities, registered in with familiarization under the personal signature of the employee. However, disciplinary sanctions may be applied in the following cases:
- the employee commits an action not permitted by the organization’s regulatory documents;
- violations of job description;
- violation of labor discipline (absence from the workplace, repeated tardiness, etc.).
In addition to the above penalties, Federal laws provide for:
- for government employees civil service RF:
- warning about incomplete job compliance;
- for military personnel:
- severe reprimand;
- deprivation badge excellent student;
- warning about incomplete professional compliance;
- early dismissal due to failure to fulfill the terms of the contract;
- reduction in military rank;
- reduction in military rank;
- deduction from military training;
- discharge from the military educational institution vocational education;
- disciplinary arrest.
Procedure for applying disciplinary sanctions
The imposition of a disciplinary sanction is a procedure consisting of several stages: 1. Drawing up a document to detect the fact of a disciplinary offense (act, memorandum, decision of the disciplinary commission). 2. Request from the offending employee a written explanation indicating the reasons for his misconduct. If an explanation is not provided within 2 days, this fact is recorded by drawing up a report.
Important! An employee’s refusal to give a written explanation cannot serve as an obstacle to applying a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation).
3. The manager makes a decision on guilt and imposition of disciplinary punishment against the employee who committed the offense. At this stage, all provided materials are assessed, all circumstances that can mitigate the guilt and the severity of the offense are taken into account. The insufficiency of evidence regarding the commission of a violation does not give the manager the right to apply any disciplinary sanction, since violations labor rights and the freedom of an employee who does not have the opportunity (Article 2 of the Labor Code of the Russian Federation).
In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation gives the employer the right to apply a disciplinary measure or limit the punishment by some means of educational and preventive influence.
4. Creation of an order for the imposition and execution of a disciplinary sanction. The contents of the administrative document must contain complete information about the employee, including place of work and position, the fact of violation with reference to regulatory documents, a description of the violation establishing the guilt of the violator, the type of penalty, and the grounds for the penalty. The completed order is delivered to the employee against signature within 3 working days. If the guilty employee refuses to familiarize himself with the order under his personal signature, a corresponding act is drawn up (Part 6 of Article 193 of the Labor Code of the Russian Federation). Please note that information about the presence of a reprimand or remark is not entered into the employee’s work book.
For the same disciplinary offense, an employee can be punished with only one disciplinary sanction.
Terms of application of disciplinary sanctions
A disciplinary sanction can be applied no later than 1 month from the moment the fact of a violation is established. This period does not include the time the employee is on sick leave, on vacation, or the time allocated to take into account the opinion of the trade union organization. Disciplinary action cannot be applied within the time limit:
- later than 6 months from the date of the violation;
- later than 2 years from the date of commission at the time of receipt of the results of the audit or audit;
- later than 3 years for failure to comply with restrictions and prohibitions, failure to fulfill obligations established by law Russian Federation on anti-corruption.
An administrative document (order) on imposing a disciplinary sanction is presented to the guilty employee against signature within 3 working days. An employee who has committed an offense has the right to appeal the decision to apply a disciplinary sanction to the state labor inspectorate and the relevant authorities for individual labor disputes. Before the expiration of 12 months, starting from the moment of issuance and application of a disciplinary sanction, the employer has the right to remove it from the employee on his own initiative, at the request of the employee’s immediate supervisor or his representative body. Early lifting of a disciplinary sanction is formalized by an appropriate order, familiarized with the employee’s signature.
If, within 12 months from the date of application of the disciplinary sanction, the employee does not commit new offenses with the imposition of a disciplinary penalty, then he will be considered as having no disciplinary sanctions (based on Article 194 of the Labor Code of the Russian Federation).
Not only executive employees, but also heads of organizations subordinate to the main employer are subject to disciplinary liability (Article 195, Part 6 of Article 370 of the Labor Code of the Russian Federation). The latter is obliged to consider an application from the representative body of workers empowered to monitor compliance with labor legislation (most often these are trade union committees) about violations of legislative and labor acts by the head of the organization or his deputies, and report the decision taken. If the facts of detection of violations are confirmed, the employer is obliged to apply disciplinary sanctions, including dismissal, to the guilty persons holding management positions.
Consequences arising from the imposition of a disciplinary sanction
In accordance with Art. 81 Part 5 of the Labor Code of the Russian Federation, if a repeated violation is detected during the validity period of an earlier disciplinary sanction, the employer has the right to dismiss the violator. Also, if there is a disciplinary sanction, the employer has the right to deprive the employee of any incentive payments (provided that this is provided regulatory documents organization), as well as to deprive the perpetrator of the violation in whole or in part (deprivation of bonus payments is not a disciplinary punishment).
Responsibility of organizations for violation of the procedure for applying disciplinary sanctions
A punished employee has the right to file a complaint against the decision of his employer to the labor dispute review inspectorate, on the basis of which employees of the relevant body have the right to conduct an inspection of the organization in order to establish the legality of applying a disciplinary sanction and compliance with the order in its execution. If violations on the part of the organization are revealed, the penalty imposed may be declared invalid, and the management of the organization may be subject to disciplinary action. If an employee is dismissed, the latter has the right to apply for reinstatement through the court and receive compensation from the employer for forced absences from work and moral damages. In turn, for the illegal application of a disciplinary sanction, the employer will have to pay the costs associated with the court and inspections by the labor inspectorate, as well as penalties imposed by a court decision. Besides, misconduct the head of the organization may entail a loss of authority among other employees and significant damage to their business reputation.