Announcing a reprimand for improper performance of duties by an employee. Order for disciplinary action and type of reprimand: example

09.01.2019, 22:07

What does an order for disciplinary action and type of reprimand look like? In this article you can download a sample of such an order, and also find out whether it is possible to reprimand for absenteeism, drunkenness, tardiness or theft. Many are also interested in whether it is possible to deprive an employee of a bonus along with a reprimand. Let's answer this question too.

When can you reprimand

A disciplinary offense is a failure to comply or improper execution labor duties, in which the employee is at fault (Article 192 of the Labor Code of the Russian Federation).

For a disciplinary offense, the employer can apply to the employee only one of the disciplinary sanctions provided for by the Labor Code of the Russian Federation (Part 1 of Article 192 of the Labor Code of the Russian Federation):

• comment;
• rebuke;
• dismissal.

On the list of possible disciplinary sanctions, “reprimand” is in the middle. It is considered to be a penalty of medium severity. Therefore, if the employer believes that the remark is not enough, then the advisability of issuing a reprimand can be considered.

Penalties not provided for by the legislation of the Russian Federation cannot be imposed on employees (Part 4 of Article 192 of the Labor Code of the Russian Federation). For example, there is no such penalty as a severe reprimand in the Labor Code of the Russian Federation. This means that it is prohibited to prescribe it.

Deprivation of bonus

Deprivation of a bonus is not disciplinary action in accordance with the Labor Code of the Russian Federation. Bonuses can be deprived only in a situation where local acts the employer provides conditions for reducing the size of the bonus or non-payment. It is impossible to simply reprimand and not pay the due bonus. To be able to do this, for example, the Regulations on Remuneration must state that when an employee is reprimanded, the next monthly bonus is not due. If there is nothing similar in local acts, then the bonus must be paid if it is due to the employee and is provided for by the remuneration system as a component of wages.

When can you reprimand

The disciplinary measure must be fair. So, for example, if an employer fires an employee for being 1 hour late for work for a valid reason, then such a punishment will most likely be disproportionate to the severity of the offense. Indeed, in such a situation, a person can be reprimanded or reprimanded. At the same time, we do not exclude that in some situations, at the discretion of the employer, a reprimand can be issued, for example, for absenteeism, drunkenness, tardiness or theft of property. That is, in each case you need to take a personalized approach to each situation.

Example of a reprimand order

When the HR department collects the entire evidence base and creates a folder with reports, acts and explanatory notes, then you can proceed to issuing an order to impose a penalty in the form of a reprimand. It can be issued in any form. Here is a sample order that was drawn up in 2019:

Limited Liability Company "Shurygina and Co"
INN 1238123456, KPP 7123801001, OKPO 12356423

full name of the organization

ORDER No. 45-k
about disciplinary action
Tver 01/10/2019

Due to the fact that on January 9, 2019, worker V.V. Zhirinovsky was absent from the workplace without good reason for three hours, from 9:00 to 12:00, and on the basis of Article 192 of the Labor Code of the Russian Federation

I ORDER:

1. For violation labor discipline reprimand V.V. Zhirinovsky.
2. Responsible for personnel records A.S. Lobkova to familiarize V.V. with this order. Zhirinovskaya signed.

Reasons: memo senior manager dated 01/09/2019 No. 56, explanatory letter V.V. Zhirinovskaya dated 01/09/2019 No. 12.

11.09.2017, 19:18

The employee systematically violates labor discipline. It is necessary to issue an order for disciplinary action in the form of a reprimand. A sample order will help a personnel specialist reduce the time for preparing the document.

A penalty may be imposed on the violator

An employee who does not perform his assigned job duties or performs them improperly commits a disciplinary offense (Article 192 of the Labor Code of the Russian Federation). Disciplinary measures may be taken against such an employee.

Labor legislation establishes three types of penalties that can be applied to an employee:

• comment;
• rebuke;
• dismissal.

We draw up a collection order

If it is decided to apply a disciplinary sanction in the form of a reprimand against an employee, a sample order prepared by our specialists will help draw up a document without unnecessary labor costs.
Such an order can be issued in any form, since the current legislation does not contain a unified form for such documents.

It is important to remember that the order to issue a reprimand must be drawn up no later than a month from the date the employee’s misconduct was discovered. If this deadline is missed for any reason, collection will not be possible.

The employee must be familiarized with the issued order. The organization is given three working days for this. If during this time the employee is absent from work, then the time of absence is excluded from the three-day period (Part 6 of Article 193 of the Labor Code of the Russian Federation).

A reprimand for failure to fulfill duties is an effective measure of influence on violators of labor discipline. In order to establish the procedure for the employee to perform official functions, the employer has in its arsenal such documents as employment contract, job description, internal rules labor regulations and other local regulations. In fact, for one reason or another, an employee often violates the provisions approved by the organization. Depending on the nature, severity and frequency of violations, the manager has the right to apply appropriate disciplinary action. The article will discuss the procedure and also provide a sample order to issue a reprimand.

Procedure for applying penalties

The rules for applying a particular disciplinary sanction are described in Art. 193 Labor Code of the Russian Federation, according to which any punitive measure is accompanied by the issuance of a corresponding order. By law, before classifying an action as a misdemeanor, the employer must request an explanation from the employee who committed it. The refusal to give an explanation is recorded by drawing up an act and, according to Art. 193 of the Labor Code of the Russian Federation, cannot interfere with the application of disciplinary measures. The period for providing an explanatory note does not exceed two working days. In addition, the Labor Code provides for other terms for the application of penalties:

• no more than one month after discovery of the violation;
• no more than six months after the violation was committed;
• no more than two years after the discovery of the misconduct based on the results of an inspection by an auditor or auditor.

It is important to remember that, in accordance with the Labor Code of the Russian Federation, only one punishment can be imposed for one specific violation (Article 193 of the Labor Code of the Russian Federation).

Reprimand as a disciplinary sanction

In Art. 192 Labor Code of the Russian Federation this concept is mentioned as one of the types of punishment along with reprimand and dismissal on appropriate grounds. However, the legislative act does not clearly define this term and does not explain its difference from a remark. In practice, it is generally accepted that a reprimand is given for a violation of moderate severity. Sometimes heads of organizations or personnel department employees use the concept of a severe reprimand. This is probably done to enhance the effect of punishment on a psychological level, because this term has no relation to Labor Code and officially applies, for example, to serving in the armed forces of the Russian Federation.

The application of punitive measures, according to the law, is formalized by an order, which is presented to the employee for signature within three working days (Article 193 of the Labor Code of the Russian Federation). Below is an example of a reprimand for improper performance. job responsibilities.

Sample order

Consequences for the employee

When discussing violations of discipline and types of punishment, the question inevitably arises: does a reprimand received at work have consequences? Contrary to popular belief, information about censure is not subject to recording work book, which means it does not become known to another employer. This is evidenced by Art. 66 Labor Code of the Russian Federation. A reprimand entered into a personal file at the document level implies, as mentioned above, the issuance of an order. In addition, responsible for personnel records management the employee may (but is not obligated) to record this fact in the violator’s personal card. In fact, the presence of such a penalty may be a factor in subsequent dismissal. P. 5 Art. 81 Labor Code of the Russian Federation states that the employer has the right to terminate labor Relations with the employee if there is a fact of “repeated failure by the employee to fulfill his duties if he has a disciplinary sanction.” In this case, an entry is made in the work book with a link to the above article of the Labor Code.

At any enterprise it is important to maintain labor discipline. Monetary motivation for employees is usually used. But employers also use a reprimand as a disciplinary sanction. This measure is documented, as described in the article.

Basic Concepts

Disciplinary action includes reprimand, reprimand, and dismissal. Taking into account the norms of the law, the use of a disciplinary sanction in the form of a reprimand is considered a mild consequence, in contrast to a reprimand. The consequences can be in the form of harsh criticism of the employee’s actions.

A reprimand is a management’s negative attitude towards an employee’s behavior, towards his miscalculations, which led to some Negative consequences for the team. This measure is usually a warning before dismissal. It is intended that such situations should not arise again. A reprimand as a disciplinary sanction is issued in the form of an order. It is filed for various violations of labor discipline.

Measures

There may be consequences for comments within the organization. For example, for this there will be a deduction from the bonus, and for a reprimand - deprivation of this bonus. All employees should know that non-payment of bonuses is not considered a disciplinary sanction, it is only a method of influence. A reprimand or reprimand are disciplinary sanctions applied in all organizations.

These disciplinary provisions are needed in large organizations with thousands of employees. “Corporate ethics” involves the use of a system of rewards and punishments. According to the Labor Code of the Russian Federation, employees and management of organizations can themselves agree on a system of penalties for misconduct. But in practice, verbal reprimands and deprivation of bonuses are often used.

IN Soviet time such a concept as a severe reprimand was used. Disciplinary type Now it’s no different from a regular reprimand. In any case, it involves a conversation between the manager and the employee about any violations of labor discipline. The employee is expected to then correct the situation.

Application

An order for a reprimand as a disciplinary sanction is created only on formal grounds. For example, if an employee does not fulfill assigned duties or ignores management orders. All labor functions must be indicated in job description employee. There is also a specific operating mode and daily routine. If an employee refuses to work overtime, this cannot lead to liability.

A reprimand as a disciplinary sanction is imposed for:

1. Constantly being late. Tracking is carried out using a pass-through system or a video camera with a set time.
2. Late assignments. For example, a delay in reporting. These instructions are made in writing.
3. Failure to fulfill duties, which led to material damage or other negative consequences for the institution.

A reprimand as a disciplinary sanction is not issued for a subjective assessment of the employee’s actions. For example, “for lack of perseverance when working with clients.” But if the client filed a complaint against the employee, then there is confirmation of the employee’s lack of professionalism.

Decor

Disciplinary action in the form of a reprimand must be documented if an employee’s misconduct is detected. If he is late at work or absent without good reason an act is drawn up. It is possible to receive a report from the boss if there was no violation of official duties. Then you need to get a written explanation from the employee, which should indicate the reasons and motives for this behavior.

Based on these documents, further processing takes place. There is no single form of order for a reprimand as a disciplinary sanction. You can only use a generally accepted sample. The document must include the following information:

1. FULL NAME. and the position of the person held accountable.
2. Description of the offense: its essence and date.
3. Reason: details of the act, memorandum, where the violation is indicated.
4. Type of recovery. For example, an order for disciplinary action in the form of a remark. Additionally, other may be indicated negative consequences, coming for the employee.

The employee must familiarize himself with the order imposing a disciplinary sanction in the form of a reprimand. It must be signed within 3 working days. Then comes the time for the reprimand to act as a disciplinary sanction. A sample order is in the article. This document is used in most companies.

Consequences for the employee

According to the Labor Code of the Russian Federation, there are no negative phenomena due to disciplinary liability. The employee is in the status of a labor discipline violator for a year after the appointment of such a measure. He will probably feel some moral pressure due to the reprimand or reprimand. The consequence is the application of additional measures from management:

1. Reduction in premium. For example, an employee was given funds for excellent results, but due to violation of labor discipline, decent pay will not be provided.
2. Transfer of vacation. In some companies, summer vacation is considered an employee incentive.

Repeated misconduct is grounds for dismissal. This fact is considered common cause remarks or reprimand. But a single tardiness is unlikely to result in a reprimand, especially if the specialist is generally responsible. Usually followed by verbal suggestion or provision written explanations. Therefore, an official reprimand with all formalities completed is considered the final warning.

Appeal procedure

A disciplinary sanction in the form of a reprimand can be appealed by an employee if he does not agree with the order of the institution’s management. This is done in the state labor inspectorate and in court. These cases are considered by magistrates. For this purpose, an application is submitted in the prescribed form.

The employer imposes penalties for a reason. He must have at least 2 documents: an act or which confirms the failure of the employee to fulfill his duties, and an explanatory note from the violator.

An employee who has received a penalty can collect evidence of personal innocence during an appeal. You shouldn't rely on the testimony of other employees - they want to continue working, and speaking out against management usually leads to dismissal.

Removal of foreclosure

Various types of penalties, reprimands and reprimands, are automatically extinguished a year after the start of their effect. This means that after 365 days the employee will appear to have never been subject to disciplinary action.

The order can be lifted ahead of schedule with a new document canceling the penalty. This happens when rewarding an employee. The document can be appealed in court or the labor inspectorate, for which an application is drawn up. This procedure will take some time to completely remove the penalty.

Conclusion

Imposition of a penalty is considered a labor-intensive procedure, for which all legal formalities must be observed. It is advisable not to bring matters to the point of reprimands and comments, and also to use other methods of influence. It is best to seek a compromise to smooth out conflicts. This will increase your productivity in the future.

Workers budgetary organization are obliged to comply General requirements labor legislation and local acts. This is approximately what Article 189 of the Labor Code of the Russian Federation sounds like.

Internal work rules are the main local act regulating the behavior of personnel. If it is approved, then a sample order on compliance with labor discipline will not be needed.

They also distinguish technological and production disciplines, which are also relevant to the topic of the article, because thanks to them, order is ensured in production and technological requirements are met.

Is it possible to replace a reprimand with a fine?

The concept of a fine is absent in labor legislation, therefore, be careful and do not use such terms in local acts of the enterprise, especially do not apply such measures as a disciplinary sanction. An order to impose fines for violation of labor discipline will be illegal and can easily be canceled in court.

Financial penalties may affect the amount of the premium. But even here you need to be extremely careful in choosing wording. Under no circumstances should you write that a reduction in bonus is a disciplinary measure. Typically, the Bonus Regulations state that if there is a “remark” or “reprimand” in the reporting month, no bonus will be awarded. That is, for an offense you will apply a legal penalty, but you will punish financially indirectly. It is legal.

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