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Disciplinary action. Disciplinary action under the Labor Code of the Russian Federation - types, terms and rules for imposition

Validity period disciplinary action is limited, and as soon as it passes, the penalty itself is considered lifted. Find out in our article what restrictions the law has on the duration of a disciplinary sanction and how they affect the employee’s position in the company.

What may be the disciplinary sanction?

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 provisions of Article 192):

  • comment,
  • rebuke,
  • dismissal.

The same article states that for individual categories Employees may also be subject to other sanctions, and they may be established not only by law, but also by charters, regulations and other regulations. Thus, for military personnel and internal affairs employees the following applies: additional types collections like:

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

WITH full list Possible sanctions for such categories of employees can be found in the 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 duration of a disciplinary sanction under the Labor Code of the Russian Federation is 1 year

The moment when you can forget about collection is stated in Art. 194 Labor Code of the Russian Federation. If there have been no complaints against an employee who has been subject to disciplinary liability for a year, the sanction receives the status of lifted; Moreover, this happens automatically, i.e. the personnel employee does not need to make any additional actions. In other words, the validity period of a disciplinary sanction is 1 year.

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With dismissal, the situation is a little different. The fact is that when brought to disciplinary liability, a record 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 penalties is made in work book(it is the basis for dismissal) and in the future it remains there even after the disciplinary sanction is lifted.

In this regard, the following practice has emerged: as soon as the penalty ceases to apply, the person applies to the labor dispute commission to change the entry in the labor record. However, there is one more nuance: with dismissal, the employment relationship ends, and therefore disciplinary liability. Consequently, there seems to be no validity period for the sanction in the form of dismissal as such... So there is room for different interpretations rules of law and the emergence of disputes.

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

The right of the employer to independently remove 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 work duties and took the initiative;
  • this request was made by an employee;
  • the immediate supervisor requested this;
  • This 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 valid, but not increase it in any way. Such a lifting of a penalty is formalized by order, and there is no unified form here, therefore, in each company, the corresponding order is drawn up by a personnel employee only on the basis of existing experience and knowledge.

Consequences of expiration of the foreclosure period

While a disciplinary sanction is in effect, the commission of a new violation by an employee entails more severe consequences for him. For example, clause 5, part 1, art. 81 of the Labor Code of the Russian Federation, he considers failure to fulfill his duties to be one of the sufficient grounds for dismissal of an employee, provided that he has a valid disciplinary sanction. True, should we use more strict measures for an employee who already has a valid penalty, only the employer decides. He can exercise this right - and then, following the reprimand, the employee can be fired, or he can give the employee another chance by issuing a second reprimand. The validity period of the reprimand in this case will be counted from the moment the last penalty was announced.

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

By general rules A disciplinary sanction is valid for one year after it is issued. After which it is automatically removed, although the manager can do this earlier. While the penalty is in effect, it can serve as a reason to tighten liability for subsequent violations committed by the same employee. Moreover, after a change of job, penalties issued at the previous place of business cannot be used by the new employer.

After the commission of misconduct by employees of the enterprise or due to their improper performance of labor duties, the employer has the right to apply to them the penalties provided for by the Labor Code of the Russian Federation. An employee can only be subject to one of the types of disciplinary sanctions described in the Labor Code. Such strict measures are necessary to ensure that the team maintains discipline and performs its duties properly.

What is disciplinary action

The employee’s obligation to bear punishment for violating the rules of the organization in which he works, conditions job description or an employment contract is disciplinary liability. According to the articles of the Labor Code, the basis for disciplinary action will be the commission of an offense by an employee, which proves the latter’s neglect of his official powers. Any punishment applied on illegal grounds can be appealed by the employee to judicial procedure.

Species

It is prohibited to apply disciplinary sanctions not provided for by federal laws, regulations or statutes on discipline. For failure or improper performance by an employee of his job duties, the employer has the right to apply one of the following types of punishment:

  • rebuke;
  • comment;
  • dismissal.

Disciplinary sanctions under the Labor Code

The main disciplinary measures are described in Article 192 of the Labor Code of the Russian Federation. The grounds for holding an employee accountable are:

  • failure or dishonest performance by an employee of his work (job responsibilities are described in employment contract);
  • committing an action not permitted by the official regulatory documents of the institution;
  • violation of job description;
  • failure to comply with labor discipline (repeated lateness, absence from work).

Comment

The most common type of responsibility for committing disciplinary offenses is a reprimand. It is issued for minor violations, that is, when the damage caused or violation of disciplinary standards does not have severe consequences. Such disciplinary punishment is imposed if the employee improperly fulfilled his job duties for the first time. To apply the remark, the employee must be familiar with his/her due instructions when applying for a job. In this case, the document is certified by the signature of the employee.

Before drawing up an order for disciplinary action, the employer must request written explanations from the offender. The employee provides an explanatory note within 2 working days from the receipt of such a request (a special act is drawn up on which the employee signs for receipt). In the explanatory note, he can provide the employer with evidence of his own innocence or indicate good reasons for which the offense was committed.

Since the Labor Code does not list which reasons are considered valid, this is decided by the employer himself. However, judicial and personnel practice shows that valid reasons may include:

  • lack of materials for work;
  • disease;
  • violation of labor conditions by the employer.

If the employer considers the reason for the misconduct to be valid, he should not reprimand the employee. In the absence of a valid reason, the management of the institution issues an order to impose disciplinary liability in the form of a reprimand. The employee puts his signature on the document, which indicates that he is familiar with the order. If the offender refuses to sign the paper, the employer draws up a report. The reprimand is valid for 1 year from the date the offense was committed, but it can be lifted early:

  • at the initiative of the employer;
  • at the written request of the employee;
  • at the request of the trade union body;
  • at the request of the manager structural unit.

Rebuke

Labor legislation does not provide an exhaustive list of reasons for which reprimands are issued. However, in practice, disciplinary action is imposed on an employee due to the discovery of misconduct moderate or for systematic minor violations. List of disciplinary offenses for which a penalty is imposed on the employee:

  1. Ignoring the norms of the Code. Penalties are announced for absenteeism, violations of the regulations or safety regulations, failure to comply job responsibilities, pr.
  2. Actions for which there is no legal liability, but mandatory elements industrial relations. For example, penalties are applied if an employee refuses to undergo a medical examination, training, etc.
  3. Creating a situation that subsequently caused damage to the institution’s property. Example - damage material assets or their shortage. The procedure for imposing penalties is carried out by issuing appropriate orders from the manager. Punishment can be applied for six months from the date of discovery of the offense. After this period, penalties imposed are illegal.

As a rule, a reprimand follows as a second disciplinary action after a reprimand. According to the Labor Code of the Russian Federation, it is prohibited to apply two sanctions at once for one violation. During the legal process, if one is carried out, the issue of applying a more lenient punishment to the employee is first clarified. If the manager represented by the defendant cannot provide evidence that the reprimand followed the remark, then the penalties will be lifted.

Before a reprimand can be ordered, certain procedures must be followed. A severe reprimand is issued after written documentation of the violation. For this purpose, the employee’s immediate superior must submit a memo or report to the organization’s management, which will describe the facts of non-compliance with the requirements. The document must contain:

  • date of the event;
  • the circumstances of the violation;
  • names of those involved.

After this, the violator is asked to give a written explanation of his actions, but it is impossible to demand explanations from the employee (this is his right, not his obligation, according to Articles 192 and 193 of the Labor Code of the Russian Federation). A request to provide a written explanation within 2 weeks is stated in the notification, after which the document is delivered to the violator for signature. The fact of a reprimand is entered into the employee’s personal file: this information is not displayed anywhere else, but disciplinary action may result in deprivation of bonuses and other incentives.

Even after sanctions are imposed, the employee is able to correct the situation: if he does not violate the rules for a year, the punishment is automatically lifted. In addition, a reprimand can be lifted early, requiring a written petition from both the employee and the manager. This situation is possible only if the violator has a loyal attitude to the internal investigation and in the absence of refusals on his part to give explanations or sign acts.

Dismissal

This punishment is determined by the high severity of the offense. Its imposition is a right, and not an obligation, of the manager, so there is a possibility that the offender will be forgiven, and the penalty will be more lenient. If the employer is determined, then in order to dismiss he should record:

  • several cases of groundless violations of labor regulations (lateness, non-compliance with orders/instructions, failure to fulfill duties under TD, evasion of training/examination, etc.);
  • single gross misconduct (absence from work for more than 4 hours without legal grounds, appearing drunk, disclosing confidential information, appropriating someone else’s property at work, etc.).

The procedure for bringing to disciplinary action is documented, and it is important that the fact of violation is supported by written explanations of eyewitnesses of the event, an act of theft, etc. The violator is asked to provide an explanatory statement regarding the offense committed (2 days are allotted for its preparation). The imposition of a penalty must be issued in the form of an order, a copy of which is given to the employee for review. Based on this document, a dismissal order is created.

The dismissed employee is given a settlement (salary and compensation for unused vacation). A corresponding entry is made in the work book (the types of disciplinary sanctions must be indicated). Rules that an employer must follow when dismissing an employee:

  • after discovering the grounds for dismissal, the manager must impose a penalty within a month or from the date of entry of the court decision based on the results of consideration of the violation;
  • it is prohibited to fire a person during vacation or during a period of incapacity;
  • Before applying punishment, an explanation must be requested from the offender.

Disciplinary action

In order for an organization to function normally and produce the expected results, it must maintain discipline. If an employee does not comply with it and remains unpunished, chain reaction(the others also begin to disturb the order). The initial punishment may be a warning or an educational conversation. If such a measure does not bring desired result, you can apply more serious punishments that encourage the employee to stay within the limits of what is permitted. For this purpose they use different types disciplinary penalties under Art. 192 Labor Code of the Russian Federation.

Per employee

The grounds for punishment are violations committed by him, for example, improper performance of labor functions or failure to perform them, non-compliance with the work schedule (no-show, tardiness), violations of discipline, ignoring training or medical examination requirements, property crimes (theft, damage, etc.). Possible consequences committed offense:

  • dismissal;
  • reprimand or severe reprimand;
  • comment.

For a military man

Like employees of non-law enforcement organizations, military personnel are obliged to comply with the rules prescribed to them, violation of which is subject to sanctions described in regulations. A violator of discipline can be held accountable within the time limits provided by law and if there are legal grounds. The main document regulating the rights and obligations of military personnel is Law No. 76 of 1998. According to it, responsibility for misconduct lies not only with contract soldiers or conscripts, but also with civilians called up for training.

Depending on the severity of the violation committed, the provisions of the Criminal or Administrative Codes will be applied to the military man. For violation of the charter, the culprit may be subject to disciplinary liability, and sometimes the offense contains elements administrative offense. However, when drawing up sanctions, it is not the norms of the AK that will be relevant, but Law No. 76.

Military discipline can be violated by the following types of offenses:

  • rude;
  • intentional (the culprit was aware of what he was doing and could foresee the consequences);
  • careless (the offender did not understand what consequences his action could lead to);
  • minor (action/inaction that did not cause serious harm to order or third parties, for example, being late, violating the regime of a military unit, etc.).

Decree No. 145 contains a list of gross disciplinary violations. These include:

  • leaving the territory of a military unit without permission;
  • hazing;
  • absence from the place of duty for more than 4 hours without a valid reason;
  • absence from dismissal due date(from vacation/business trip, etc.);
  • failure to appear at the military registration and enlistment office when summoned;
  • violation of the order of guard duty, border service, combat duty, patrolling, etc.;
  • improper handling of ammunition/equipment/weapons;
  • waste, damage, illegal use property of a military unit;
  • causing harm to property/employees of a military unit;
  • being on duty in a state of alcohol or other intoxication;
  • violation of traffic rules or rules for driving a car/other equipment;
  • inaction of the commanding officer to prevent misconduct by subordinates.

Disciplinary penalties for violating military rules may include the following:

  • reprimand or severe reprimand;
  • deprivation badge;
  • deprivation of dismissal;
  • dismissal from service before the end of the contract;
  • warning;
  • demotion;
  • discharge from the military educational institution, from fees;
  • disciplinary arrest for 45 days or longer.

For a state civil servant

Punishments for civil servants are not fundamentally different from the generally accepted ones. However, the Labor Code of the Russian Federation takes into account the Law on public service No. 79-FZ, which provides for an increase in employee liability measures several times, since the status of a state executive requires compliance with restrictions/prohibitions and anti-corruption legislation.

Article 57 of the Federal Law describes four types of disciplinary sanctions that are imposed on civil servants. These include:

  • rebuke;
  • comment;
  • dismissal;
  • warning.

The reason for punishment may be not only lateness or absenteeism, but also failure to fulfill official duties or their improper implementation. The only condition is that all the person’s responsibilities must first be specified in the job description and agreed upon with the employee under signature. The most serious disciplinary sanction for a civil servant is dismissal, which can only be applied in cases established by law(Article 37 of Law No. 79-FZ):

  • repeated failure to fulfill official obligations without good reason;
  • one-time gross violation of official duties (absenteeism, alcohol or other intoxication in the workplace, disclosure of secret information, theft of someone else's property, embezzlement of funds, etc.);
  • adoption by a civil servant working in the “managers” category of an unfounded decision, which resulted in a violation of the safety of property, damage to property, its unlawful use, etc.;
  • one-time serious violation civil servants working in the “managers” category, their official duties, which resulted in causing harm to a government agency or violation of the legislation of the Russian Federation.

Procedure for applying disciplinary sanctions

Involvement in disciplinary punishment is sequential procedure, which consists of several stages. These include:

  1. Drawing up a document indicating the discovery of a violation (report, act, etc.).
  2. Requesting a written explanation from the culprit indicating the reasons for his action. If the manager receives a refusal or the employee does not submit a document within 2 days, this fact is recorded through a special act.
  3. The employer makes a decision on guilt and chooses a punishment for the employee who committed the offense. To do this, all available materials are assessed and circumstances that can mitigate the guilt are taken into account. The lack of evidence does not give the manager the right to apply any disciplinary action.
  4. Creation of an order for the imposition and subsequent execution of punishment. For one misconduct, an employee can only be given one disciplinary punishment.

Order of punishment

The document must contain full information about the employee, including his position, place of work, fact of violation with reference to current regulations, description of the violation, type of penalty imposed and grounds for this. The completed order is given to the culprit for review, who must sign it within 3 working days. If the employee refuses to do this, a corresponding act is drawn up in accordance with Part 6 of Art. 193 Labor Code of the Russian Federation.

Duration of disciplinary action

The punishment is valid until it is lifted, which may occur as a result of the employee’s dismissal. In this case, only a reprimand or reprimand can be removed from the culprit (subject to the continuation of the labor relationship between the employee and the employer). At the same time, the removal of a disciplinary sanction occurs in two cases, according to Article 194 of the Labor Code of the Russian Federation:

  • automatically one year from the entry into force of the punishment order;
  • by early withdrawal on the initiative of the immediate superior/leader of the trade union or the employee himself.

Since the decision to sanction is determined by the employer, early removal of the sanction must also be agreed upon with management. Automatic release from collection occurs without any documentation. Trade union or immediate supervisor in in this case must draw up a petition addressed to the head of the enterprise (the document does not have mandatory form). The paper contains the data of the head of the enterprise, the employee/team who initiated the petition, a reasoned request to cancel the punishment, the date and signature of the persons who compiled the document.

Removal of foreclosure

If the employee does not commit the offense again, the disciplinary violation is removed after the calendar year. The director of the institution can liquidate the sanction before the end given period, if the employee realized his own guilt and corrected himself. This decision the manager accepts:

  • at the request of the team;
  • at the request of the employee himself;
  • on one's own.

Consequences of disciplinary action

According to Article 81 of the Labor Code of the Russian Federation, if a repeated decision is detected before the sanction expires, the employer has the right to dismiss the violator. In addition, during the period of disciplinary punishment, the head of the organization may deprive the employee of any incentive payments (bonuses, bonuses), provided that this is provided for by local regulatory documents institutions such as charters, etc. The employee has the right to appeal the penalty with the help of the labor inspectorate or court.

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That is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following types of disciplinary sanctions:

  • comment;
  • rebuke;
  • dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other types of disciplinary sanctions.

The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

Before applying a disciplinary sanction, the employer must request from the employee.

If the employee refuses to give the specified explanation, a corresponding act is drawn up.

An employee’s refusal to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense only one disciplinary action.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication. If the employee refuses to sign the specified order (instruction), a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee to state inspectorates or bodies for the consideration of individual labor disputes.

If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.

The employer, before the expiration of a year from the date of application of the disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

The employer is obliged to consider the application of the representative body of employees about violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of employees.

If the facts of violations are confirmed, the employer is obliged to apply disciplinary action to the head of the organization and his deputies, up to and including dismissal.

With special labor discipline, the procedure, terms of application and types of disciplinary sanctions may be different.

Bringing to disciplinary liability the head of the organization, the head of the structural unit of the organization, their deputies at the request of the representative body of employees

Bringing disciplinary action to the manager organization, the head of a structural unit of the organization, their deputies at the request of the representative body of workers is regulated by Art. 195, part 6 art. 370 Labor Code of the Russian Federation.

Trade union bodies, in particular the trade union committee of the organization, have the right to monitor compliance with labor legislation. If facts of violation of labor legislation, local legal acts containing labor law norms, concealment of industrial accidents, failure to comply with the terms of a collective agreement or agreement are discovered in the organization, the trade union committee has the right to demand that the employer punish the head of the organization, its division or their deputies who are guilty of this.

The employer, upon application by the representative body of employees, usually the trade union committee, initiates disciplinary proceedings. It is characterized by the same stages as when identifying violations of internal labor regulations by an employee, which were outlined above. If the guilt of managers or their deputies in violating labor law norms is established, then the employer is obliged to apply “disciplinary action up to and including dismissal” to them (Part 2 of Article 195 of the Labor Code of the Russian Federation).

The employer informs the applicant (trade union committee) about the results of the disciplinary proceedings. The response period is not defined in labor legislation. However, it must include the time that the legislator sets for applying a disciplinary sanction to the military commander. 3, 4 tbsp. 193 Labor Code of the Russian Federation. Usually this is one month, and based on the results of an audit, inspection of financial and economic activities or an audit - two goals from the date of the disciplinary offense. If, due to the circumstances specified in the statement of the trade union committee, a criminal case has been initiated against the head or his deputy, then the period for reporting to the trade union bodies is extended for the duration of the proceedings in the main case.

Procedure for applying disciplinary sanctions

Procedure for applying disciplinary action The Labor Code of the Russian Federation is not regulated in detail. This often leads to a violation of the labor rights and freedoms of the employee.

Disciplinary proceedings as a legal relationship

Disciplinary proceedings are always a legal relationship, the main subjects of which are the employer and the employee. The content of a legal relationship is considered to be the rights and obligations of its parties. The current labor legislation mainly establishes the legal position of the employer. Analysis of disciplinary proceedings allows us to identify a certain set of rights of an employee who, in the opinion of the manager, violated the internal labor regulations. An employee is a full-fledged subject of legal relations within the disciplinary proceedings. He has the right to familiarize himself with all materials according to which he is accused of unlawful labor behavior, give his assessment of the content of the materials presented to him, and demand the provision of new materials. In complex disciplinary proceedings, an employee may request an audit, an inspection of financial and economic activities, or, if its results can resolve the issue of his guilt or innocence. The current legislation does not prohibit an employee from involving specialists or a representative of a trade union organization as consultants in disciplinary proceedings.

In this part, labor legislation still needs further improvement. Specification of disciplinary proceedings is possible in by-laws, local regulations legal acts. This practice is typical, for example, for budgetary organizations. Ministries and departments develop and approve procedures for conducting performance reviews and applying disciplinary sanctions to state civil servants of their subordinate organizations. Such regulatory legal acts establish a detailed procedure for conducting official inspections and applying disciplinary sanctions to civil servants, the composition of the commission tasked with conducting the inspection, its powers and the processing of the inspection results. The by-laws of local regulatory legal acts specifically highlight a section that sets out the rights of the employee who is being inspected: to give oral and written explanations, submit petitions, get acquainted with documents during the inspection, appeal the decisions and actions of the commission that conducts the inspection.

A single disciplinary legal relationship can be classified as a complex legal relationship. It consists of a number of elements characteristic of each stage. Elementary legal relations are discrete, that is, they are interrupted in time and consist of certain parts. Thus, the employee’s right to submit petitions, get acquainted with documents, appeal the actions of the employer’s representative or the commission conducting the inspection corresponds to the corresponding obligation of the employer to consider a specific petition, provide the employee with the necessary documents for review, and consider the complaint filed by him. These legal relations can arise and end at each stage of disciplinary proceedings. This does not exclude its systemic nature, the unity of rights and obligations of participants in disciplinary proceedings.

Stages of disciplinary proceedings

Disciplinary proceedings include several stages.

Firstly, before applying a disciplinary sanction, the manager invites the employee to give a written explanation of the circumstances indicating that he has violated the internal regulations of the organization. If the employee refuses to provide the employer with an explanation in writing, a corresponding report is drawn up after two working days. This document must contain the following details: place and date of drawing up the document; last name, first name, patronymic, position of the compiler and employee, brief description alleged violation of labor discipline; an offer to the employee to give an explanation and his refusal, actual or default; an explanation of what exactly was the employee’s failure to fulfill his job duties.

Secondly, the employer (his authorized representative - head of the personnel department, deputy director of personnel) will request from the employee’s immediate supervisor necessary documents, confirming the employee’s violation of labor discipline, one hundred opinion on the selection of a certain (necessary in the circumstances) disciplinary measure for the violator.

Thirdly, assessing the materials collected on the fact of violation of internal labor regulations, the employer makes a decision about the guilt of the employee, i.e., whether he has committed a disciplinary offense.

Fourthly, before imposing a disciplinary sanction, the employer takes into account the severity of the offense committed and the circumstances mitigating the employee’s guilt.

Fifthly, in accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation, the employer exercises his right to apply disciplinary action to a violator of internal labor regulations or limit himself to other means of educational influence. The effectiveness of disciplinary action largely depends on this stage of disciplinary proceedings. Reducing it only to punishment is unjustified from both theoretical and practical points of view. The educational role of this stage depends on the personality of the employee, on his level vocational training, legal and moral culture. This is a rather complex and responsible process for the employer. Sometimes a conversation with the manager is enough to correct the offender, and in some cases the application of disciplinary measures leads to confrontation and increased tension in the employer’s relationship not only with the employee, but also with the primary production team. For this stage, pedagogical, psychological preparation leader as a manager.

This stage ends with the adoption of an appropriate decision to punish the employee or, at the employer’s discretion, to leave collected materials no movement. In practice in the latter case The employer does not issue any procedural act. The employer acts in the same way if it is revealed minor violation labor discipline or insufficient materials to establish it. In the latter case, the employee’s right to protection of “his labor rights and freedoms” (Article 2 of the Labor Code of the Russian Federation) is obviously violated, since the employee cannot protect his good name, honor and dignity. You can only appeal the relevant order of the employer, and not the negative opinion created during the investigation about the possible dishonesty of the employee.

Sixthly, the employer chooses a disciplinary measure and issues an appropriate order. An order (instruction) to apply a disciplinary measure is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the order (instruction) against signature, then the authorized representative of the employer draws up a corresponding act (Part 6 of Article 193 of the Labor Code of the Russian Federation). The details of the act are similar to those set out for the act of refusal to give an explanation for the fact of violation of internal labor regulations.

Disciplinary proceedings are subject to certain procedural time limits: one month and six months. Disciplinary action is not applied if more than one month has passed since the discovery of the misconduct. IN month period The time an employee is ill or on vacation, as well as the time required to take into account the opinion of the representative body of employees, if required by law (Part 2 of Article 82 of the Labor Code of the Russian Federation), is not counted.

After the expiration of the six-month period, the employee cannot be subject to disciplinary action. When conducting an audit, inspection of financial and economic activities or an audit, the period during which a disciplinary sanction may be imposed is increased to two years.

The specified time frame does not include the time of criminal proceedings (Part 4 of Article 193 of the Labor Code of the Russian Federation).

Disciplinary proceedings are characterized by the rule that only one disciplinary sanction can be applied to an employee for the same disciplinary offense.

This does not exclude the application of administrative or criminal measures to the employee. A violator of internal labor regulations can also be disciplined, since deprivation of a bonus is not considered a disciplinary sanction.

Along with the mandatory stages of disciplinary proceedings outlined, it is also possible optional: 1) appealing a disciplinary sanction to bodies for consideration of individual labor disputes; 2) termination of disciplinary proceedings as a result of its review by the competent authorities, for example by a superior manager.

Removal of disciplinary action

Disciplinary action with legal point vision is usually always a lasting condition, limited to a certain period within the employment relationship. If within a year from the date of application of the disciplinary sanction the employee has not committed a new violation of the internal labor regulations, then his state of punishment ceases, and the violator, in accordance with Part 1 of Art. 194 of the Labor Code of the Russian Federation “is considered not to have a disciplinary sanction.”

Before the expiration of one year, the employer may remove a disciplinary sanction from an employee either on his own initiative or at the request of his immediate supervisor or an elected representative body (trade committee). The initiative can also come from the violator of labor discipline himself. In accordance with Part 2 of Art. 194 of the Labor Code of the Russian Federation may make such a request to the head of the organization.

The state of punishment indicates a continuing systematic educational influence, which can be effective in organizing proper accounting of violators of internal labor regulations and monitoring their labor behavior. On medium and large enterprises The employer can assign these responsibilities to the immediate supervisors of the labor process, who keep special logs of violations and violators of internal labor regulations in the production teams subordinate to them.

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 punishments (for example, fines, depreciation and others) can be applied only if they are prescribed in the regulatory documents of the organization.

Application of disciplinary sanctions not provided for legislative acts and regulations on discipline are not allowed!

In addition to the main types, disciplinary sanctions also include dismissal on the grounds 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 to fulfill or dishonest performance by an employee of his official duties, prescribed in the document with the personal signature of the employee. However, disciplinary sanctions may be applied in the following cases:

  1. the employee commits an action not permitted by the organization’s regulatory documents;
  2. violations of job description;
  3. violation of labor discipline (absence from work, repeated lateness, etc.).

In addition to the above penalties, Federal laws provide:

  • for employees of the state civil service of the Russian Federation:
  • for military personnel:
    • severe reprimand;
    • deprivation of an excellent student badge;
    • 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 the labor rights and freedoms of an employee who does not have the opportunity are violated (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 a 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 to the guilty persons occupying leadership positions, disciplinary sanctions, including dismissal.

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 for by the regulatory documents of the organization), as well as deprive the person responsible for 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 disciplinary sanctions, the employer will have to pay the costs associated with the court and inspections labor inspectorate, as well as penalties imposed by a court decision. In addition, unlawful actions by the head of an organization can lead to a loss of authority among other employees and significant damage to their business reputation.

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

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

Failure by an employee to comply with rules and job responsibilities entails serious consequences.

Types of disciplinary sanctions are:

  • rebuke;
  • comment;
  • dismissal.

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

Disciplinary punishment in the form of a reprimand

A reprimand is one of the most gentle types of punishment.

Applicable when an employee fails to perform or improperly performs his or her job duties.

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

A standard example of such an offense is showing up to work late.

A reprimand is issued not only for lateness, but also for absenteeism, refusal to perform duties, or failure to comply with discipline.

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

To formalize a disciplinary sanction in the form of a remark, it is necessary to document the violation or failure to perform functions by the employee. Prosecution is impossible if the documents are incorrectly executed.

Disciplinary action in the form of a reprimand

A reprimand from an employer is issued in the form of an order.

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

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

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

If another reprimand occurs within a year, the employee can easily be fired.

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

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

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

Dismissal due to violation of labor discipline

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

The employee’s guilt must be proven by the company administration.

Non-compliance with the rules must be dealt with systematically.

In addition, the employee must have previously received disciplinary punishment.

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

When removing from office, the following violations are taken into account::

  • participation in events that discredit the honor and dignity of the leadership;
  • insubordination, immoral acts;
  • ignoring instructions and refusing to follow management orders;
  • making official secrets and valuable information public;
  • not performing all of the work, dishonest performance of duties;
  • damage or enterprises;
  • unauthorized leaving the workplace before the end of the working day, constant tardiness and absenteeism;
  • violation of labor protection norms and rules, which caused serious consequences. See more about work injury;
  • appearing at the workplace in a state of drug or alcohol intoxication.

Procedure for applying disciplinary sanctions

Penalties can be brought within 1 month from the date of discovery of a violation of discipline.

Standard processing times may be subject to change.

If a violation is discovered as a result of an audit, audit, or financial inspection, the period of punishment is 2 years from the date of commission of the offense.

See what to do if you are accused of a shortage.

The above deadlines do not include the time period for conducting a criminal case for an offense committed, 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 has been committed.

The documentation procedure must be followed.

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

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

After that an explanatory note is taken from the employee, which must be written within two working days. If you refuse to write an explanatory note, a corresponding act is drawn up.

It is worth noting that refusal to issue an explanatory document does not affect the application of punishment.

IN explanatory note the reasons for the offense must be indicated. The assessment of the arguments is at the discretion of the employer.

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

Drawing up an order for disciplinary action

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

An order for disciplinary action is drawn up on the company's general letterhead.

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

The administrative part must begin with the verb “I order.”

Also in the text there must be a clause “grounds”.

Below is a sample of a standard order.

Duration of disciplinary action

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

Violation of the rules of conduct in the labor sphere 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 occurs on two grounds.

First base– material, determining the illegality of the decision.

Second base- violation of procedure.

The material basis in each special case may be different. For drinking tea outside of lunchtime, one boss can fire you, while another can only reprimand you.

Courts usually consider the following circumstances:

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

Disciplinary sanctions can successfully improve the legal situation in an organization.

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

First, a reprimand is issued, then a reprimand, and only then does dismissal occur. Each employee can challenge dismissal or other punishment. For this purpose there is a Labor Dispute Commission and courts.

Frequently asked questions regarding disciplinary action

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

For committing a disciplinary offense, that is, failure 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 rewards employees who conscientiously perform their job duties (including bonuses).

An employee who has committed a disciplinary offense is no longer conscientiously performing his job duties (until the disciplinary sanction is lifted). This gives the employer the right not to reward such an employee (to deprive him of bonuses).

Thus, deprivation of a bonus is a consequence of a disciplinary offense. It is not a disciplinary sanction.

That's why the employer has the right to reprimand and at the same time deprive of bonuses and its size does not matter.