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 punishments provided for by the Labor Code of the Russian Federation. Only one of the types of disciplinary action described in the Labor Code can be imposed on an employee. Such stringent measures are necessary to ensure that the team maintains discipline and the proper performance of their duties.

What is a disciplinary action

The obligation of an employee to bear punishment for violating the rules of the organization in which he works, the terms of the job description or the employment contract is a disciplinary responsibility. According to the articles of the Labor Code, the basis for bringing to disciplinary action will be the commission of a misconduct by the employee, which proves the latter's neglect of his official powers. Any punishment applied on unlawful grounds can be appealed by the employee in court.

Views

It is prohibited to apply disciplinary actions not provided for by federal laws, regulations or discipline statutes. For non-fulfillment or improper fulfillment by an employee of his job duties, the employer has the right to apply one of the following types of punishments:

• rebuke;
• comment;
• dismissal.

Disciplinary actions 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:

• non-performance or bad faith performance by an employee of his work ( job duties described in employment contract);
• committing an action not permitted by the official regulations of the institution;
• violation of the job description;
• non-observance of labor discipline (repeated tardiness, absence from the workplace).

Comment

The most common type of liability for disciplinary offenses is a reprimand. He is handed down for minor violations, that is, when the damage or violation of the rules of discipline does not have serious consequences. Such disciplinary punishment is imposed if the employee improperly performed his or her duties for the first time. To apply the remark, the employee must be familiar with their due instructions when applying for the job. In this case, the document is certified by the signature of the employee.

Before drawing up a disciplinary order, 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 valid reasons due to which the misconduct was committed.

Since the Labor Code does not list which reasons are considered valid, it is up to the employer to decide. Nevertheless, judicial and personnel practice shows that the number of valid reasons may include:

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

If the employer considers the reason for the misconduct to be valid, he should not make a reprimand to the employee. In the absence of a valid reason, the institution's management issues an order for disciplinary action in the form of a comment. 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 an act. The notice is valid for 1 year from the date of the misconduct, but it can be withdrawn 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 head of the structural unit.

Rebuke

Labor legislation does not provide for an exhaustive list of what the reprimands are for. However, in practice, the imposition of a disciplinary sanction on an employee occurs due to the discovery of a misdemeanor of moderate severity or for systematic minor violations. The list of disciplinary offenses for which a penalty is announced to the employee:

1. Ignoring the norms of the Code. Penalties are announced for absenteeism, violation of the charter or safety, failure to fulfill official duties, etc.
2. The action for which there is no legal responsibility, but the speakers mandatory elements industrial relations. For example, penalties are applied when an employee refuses to undergo a medical examination, training, etc.
3. Creation of a situation that subsequently caused damage to the property of the institution. Example - spoilage material values or their lack. The procedure for imposing a penalty is carried out by issuing the appropriate orders of the head. The punishment can be applied for six months from the date of detection of the offense. After this period, the imposed penalties are illegal.

As a rule, the reprimand follows as a repeated disciplinary action after the reprimand. According to the Labor Code of the Russian Federation, it is prohibited to apply two sanctions at once for one violation. In the course of legal proceedings, if such is carried out, the question of applying a lighter 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 are lifted.

A specific course of action must be followed before a reprimand order is issued. A severe reprimand is pronounced after written documentation of the violation. To this end, the immediate superior of the employee must submit to the management of the organization a memo or a report, which will describe the facts of non-compliance with the instructions. The document must contain:

• date of the event;
• the circumstances of the violation;
• the names of the persons who participated.

After that, the offender is invited to give a written explanation of his actions, while it is impossible to demand explanations from the employee (this is his right, not an obligation, according to Articles 192 and 193 of the Labor Code of the Russian Federation). The request to give a written explanation within 2 weeks is set out in the notification, after the document is brought to the violator for signature. The fact of the reprimand is entered into the employee's personal file: this information is not displayed anywhere else, however, disciplinary action can lead to the deprivation of bonuses and other incentives.

Even after the imposition of sanctions, an employee is able to rectify the situation: if he does not break the rules for a year, the punishment will be lifted automatically. In addition, a reprimand can be removed ahead of schedule, while a written request from both the employee and the manager will be required. Such a situation is possible only if the violator is loyal to the internal investigation and in the absence of refusals on his part to give explanations or sign the acts.

Dismissal

This punishment is due to the high severity of the offense. Its imposition is the right, not the responsibility of the manager, so it is likely that the offender will be forgiven, and the recovery will take on a milder nature. If the employer is determined, then for dismissal he should fix:

• several cases of groundless violations of the labor schedule (lateness, non-observance of orders / instructions, failure to fulfill obligations under the TD, evasion of training / examination, etc.);
• single gross misconduct (absence from work for more than 4 hours without legal grounds, drunkenness, disclosure of confidential information, appropriation of 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 offender is asked to explain the offense (2 days are given for its registration). The imposition of a penalty must be drawn up 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 made a calculation (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 moment the court's decision comes into effect based on the results of considering the fact of violation;
• it is forbidden to fire a person during vacation or during a period of incapacity for work;
• before applying the punishment, an explanation must be requested from the offender.

Imposition of disciplinary action

For an organization to function well and deliver the expected results, it must maintain discipline. If an employee does not comply with it and remains unpunished, a chain reaction occurs (the rest also begin to disturb the order). The initial punishment can be a warning or educational conversation. If such a measure does not bring the desired result, more severe punishments can be applied that encourage the employee to stay within the bounds of what is permitted. To do this, apply different types disciplinary punishments under Art. 192 of the 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 their non-fulfillment, non-compliance with the work schedule (failure to appear, late), violation of discipline, ignorance of requirements for training or medical examination, property crimes (theft, damage, etc.). Possible consequences committed misconduct:

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

For a soldier

Like employees of non-security organizations, the military are obliged to comply with the rules prescribed by them, for violation of which the sanctions described in the regulations are provided. A violator of discipline can be held liable within the time limits set by the 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 him, not only contract soldiers or conscripts, but also civilians called up for training are responsible for misconduct.

Depending on the severity of the violation committed, the norms of the Criminal or Administrative Codes will apply to the military. For violation of the charter, the culprit can be brought to disciplinary responsibility, while sometimes the misconduct contains the composition of an administrative offense. However, when issuing sanctions, it is not the AK norms that will be relevant, but Law No. 76.

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

• rude;
• deliberate (the culprit was aware of what he was doing and could foresee the consequences);
• careless (the offender did not understand what consequences his act could lead to);
• minor (action / inaction that did not cause serious harm to order or to 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 relationships;
• absence from the duty station for more than 4 hours without a valid reason;
• failure to appear from dismissal on time (from vacation / business trip, etc.);
• failure to appear at the military registration and enlistment office on a summons;
• violation of the order of the guard, border service, alert duty, patrolling, etc.;
• improper handling of ammunition / equipment / weapons;
• waste, damage, illegal use of the property of a military unit;
• causing damage to property / employees of a military unit;
• being on duty in a state of alcoholic or other intoxication;
• violation of traffic rules or rules for driving a car / other equipment;
• inaction of the commander to prevent misconduct by subordinates.

Disciplinary penalties for violation of military rules may include the following:

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

On a public civil servant

The punishments of civil servants are not fundamentally different from the generally accepted ones. Nevertheless, the Labor Code of the Russian Federation takes into account the Law on Civil Service No. 79-FZ, which provides for an increase in the measures of an employee's responsibility several times, since the status of a state executor requires compliance with restrictions / prohibitions, 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;
• a warning.

The reason for punishment may be not only being late or absenteeism, but also failure to fulfill official duties or improper implementation of them. The only condition is that all responsibilities of the person must first be stipulated in the job description and agreed with an employee under the signature. The most serious disciplinary sanction of 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 duties without a valid reason;
• one-time gross violation of official duties (absenteeism, alcohol or other intoxication at the workplace, disclosure of classified information, theft of other people's property, waste of funds, etc.);
• the adoption of an unreasonable decision by a civil servant working in the category of "managers", which entailed a violation of the safety of property, damage to property, its unlawful use, etc .;
• a one-time serious violation by civil servants working in the category of "managers" of their official duties, which resulted in harm to a government agency or violation of the legislation of the Russian Federation.

The procedure for the application of disciplinary sanctions

Involvement in disciplinary punishment is a sequential procedure that consists of several stages. These include:

1. Drawing up a document testifying to the detection of a misconduct (report, act, etc.).
2. Requesting a written explanation from the culprit indicating the reason for his action. If the manager receives a refusal or the employee does not submit the document within 2 days, this fact is recorded by means of a special act.
3. The employer decides on guilt and chooses the penalty for the employee who committed the misconduct. For this, all available materials are evaluated, taking into account the circumstances that can mitigate the guilt. Lack of evidence does not give the manager the right to apply any disciplinary sanction.
4. Creation of an order for the issuance and subsequent execution of punishment. For one misconduct, an employee may be given only one disciplinary punishment.

Punishment order

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

The duration of the disciplinary sanction

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

• automatically after a year from the entry into force of the order on punishment;
• by early dismissal on the initiative of the immediate supervisor / head of the trade union or the employee himself.

Since the decision on collection is determined by the employer, the early lifting of the sanction must also be agreed with the management. Automatic release from foreclosure occurs without any documentaries... In this case, the trade union or the immediate manager must draw up a petition addressed to the head of the enterprise (the document does not have a 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 drew up the document.

New edition of Art. 193 of the Labor Code of the Russian Federation

Before a disciplinary action is taken, the employer must request a written explanation from the employee. If after two working days the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to disciplinary action.

Disciplinary action applies no later than one month from the day the offense was discovered, not counting the time of the employee's illness, 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 the misconduct, 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 indicated time limits do not include the time of the criminal proceedings.

Only one disciplinary sanction may be applied for each disciplinary offense.

The employer's order (order) on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (order) against signature, then an appropriate act is drawn up.

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

Commentary on Article 193 of the Labor Code of the Russian Federation

As for the practice of using disciplinary sanctions in companies, Article 193 of the Labor Code of the Russian Federation is devoted to this. It should be noted that there are several controversial points here.

Any disciplinary sanction has a special procedure for implementation (Article 193 of the Labor Code of the Russian Federation).

First, a written explanation of the offense (delay, for example) is required from the offending employee, which he may not give. Then - not later than one month from the moment of the misconduct - a direct disciplinary penalty is made - a reprimand, a reprimand.

After that, the management issues an order and gives it to the employee for review.

In addition to the lengthy and very "paper" procedure for disciplinary sanctions, there is another factor that makes this punishment not very attractive for employers. Any penalty can be challenged in court, and the court first of all takes into account the gravity of the offense. Therefore, for example, a reprimand for improper dress or being late is likely to be simply lifted by the court.

However, practice shows that Russian leaders use reprimands quite often. Moreover, after two reprimands within a year, an employee can be dismissed by law. Workers in our country know little about their rights, therefore they rarely go to courts. So it is very convenient for the employer to use reprimands as a threat of dismissal and for being late, and for a long lunch, and for the "wrong" appearance.

Another commentary on Art. 193 of the Labor Code of the Russian Federation

1. To clarify the essence of the employee's misconduct, the employer must take an explanation from him in writing. In the explanation, the employee must indicate the reasons for the misconduct and the circumstances under which it was committed. The employee may refuse to explain that it should not be considered an independent disciplinary offense, but nevertheless may affect the employer's assessment of the employee's personality. If the employee refuses to give an explanation, the employer must draw up an act of refusal after two working days. In this act, it is necessary to indicate the calendar date, place and reason for drawing up, as well as indicate the witnesses present when the employee was asked to provide an explanation and his refusal to do so. The deed must be signed by the employer's official and the witnesses present.

The employee's refusal to give an explanation cannot be an obstacle to bringing him to disciplinary responsibility in the presence of other evidence of the misconduct (for example, memorandums direct supervisor) and the act of refusal to give an explanation. They may constitute documentary grounds for the application of disciplinary measures.

2. The educational value of a disciplinary sanction remains if it is applied directly after the commission of a misdemeanor. Therefore, a rule has been established that the penalty must be applied no later than one month from the day the offense was discovered. The day of detection must be considered the day when the immediate supervisor of the violating employee became aware of it. In the case when there is a question about the dismissal of an employee for theft (including small) another's property, embezzlement, deliberate destruction or damage at the place of work, the monthly period will be calculated from the date of entry into force of a court sentence or an act of a body authorized to application of administrative penalties (for example, decisions of an official of an internal affairs body). The monthly period can be increased by the time:

Worker illnesses;

Finding him on vacation;

Necessary to take into account the motivated opinion of the elected body of the primary trade union organization.

The time of illness of an employee is understood as a period of temporary incapacity for work. The time spent on vacation should be understood as the periods of all leaves provided by the employer to the employee (including educational, in connection with pregnancy and childbirth, as well as provided without pay). In accordance with the provisions of Art. 373 of the Labor Code of the Russian Federation (see the commentary to it) upon dismissal for repeated failure an employee who is a member of a trade union without good reason for labor duties, if he has a disciplinary sanction (see clause 5 of article 81 of the Labor Code of the Russian Federation and a commentary on it), the employer is obliged to notify the elected body of the primary trade union organization so that the latter can assess the legality and validity of the upcoming dismissal. The elected trade union body, no later than seven working days from the date of receipt of the documents, considers the submitted documents and informs the employer in writing of its reasoned opinion on this issue (including the illegality or inexpediency of dismissal). In case of disagreement with this opinion of the trade union committee, the employer has the right to terminate the employment contract with the employee no later than one month from the date of receipt of the reasoned opinion of the elected trade union body. This period can no longer be extended for the duration of the employee's illness or while on vacation.

Other circumstances that seem objective to the employer cannot serve as a basis for extending the time limits for the application of disciplinary sanctions. So, by the decision of the Supreme Court Russian Federation dated May 24, 2002 N GKPI2002-375, it is illegal to extend the time limits for applying disciplinary sanctions to employees railway transport for the period of their stay on the route in passenger and freight trains, as well as for the period of their use of the summed days of rest.

Such a tough position of the legislator and the judiciary is due to the need to protect the interests of the parties to the employment contract. First, the effectiveness of any punishment depends on its promptness and inevitability. Secondly, the employee should not be under the threat of disciplinary sanctions for a long time.

In any case, a disciplinary sanction must be applied no later than six months from the date of the offense, and based on the results of an audit, audit of financial and economic activities or an audit, no later than two years. These terms can be extended only for the period of criminal proceedings by the bodies of inquiry and investigation.

3. As a general rule, for each disciplinary offense, the employer can apply only one disciplinary sanction provided for by the Labor Code or the statutes and regulations on discipline. Along with this, it is possible and necessary to simultaneously involve the employee in property (material - according to the norms labor law) or civil liability in the event that his misconduct entailed the infliction of property damage. In this case, the rules and terms provided for by labor and civil legislation must be observed. In addition, in addition to disciplinary measures, an employee may be subject to disciplinary action at the same time. For example, an employee may be reprimanded and he may be deprived of the bonus for the period when a violation of labor discipline was committed.

4. As a general rule, the authority to apply disciplinary measures is fully exercised by the head of the organization. At the same time, local regulations (orders of the head, job descriptions or by the rules of the internal labor regulations), a redistribution of competence to bring employees to disciplinary responsibility between officials of the employing organization can be carried out at various levels... So, the head of the shop may be authorized to announce remarks and reprimands to the workers of the shop, and the head of the branch or representative office, on the basis of a power of attorney, may have full disciplinary powers, including the dismissal of employees for violations of labor discipline. In some cases, the distribution of competence for the application of disciplinary measures is carried out in a centralized manner. For example, the Charter on Discipline of Crews of Support Vessels of the Navy provides that a ship's captain (captain) can issue a remark, a reprimand, a severe reprimand and warn of incomplete official compliance, and an official who has the right to recruitment exercises full disciplinary powers. , - the commander of a formation of ships or a military unit (clauses 15 and 16 of the Charter).

5. The order (decree) on punishment is announced to the employee no later than three days from the date of publication against signature. This is necessary to confirm that the employee is familiar with the penalty applied to him. To optimize and fix this procedure, it is advisable to provide a mark on the form of the order (instruction) that the employee is familiar with it. If the employee refuses to sign on acquaintance, then an act is drawn up, in form and content similar to the act of refusal to give an explanation of the fact of the commission disciplinary offense(see item 1 of the commentary to this article).

6. The employee may disagree with bringing him to disciplinary liability or with the applied type of penalty. In this case, he can appeal the actions of the employer to the state labor inspectorate or to the labor dispute resolution authorities.

In accordance with the provisions of Part 2 of Art. 357 of the Labor Code of the Russian Federation (see the commentary to it) in the event of an appeal by a trade union body, employee or other person to the state labor inspectorate on an issue pending consideration by the relevant body for considering an individual or collective labor dispute (with the exception of claims accepted for consideration by the court, or issues on which there is a court decision), the state labor inspector, upon revealing an obvious violation of labor legislation or other regulatory legal acts containing labor law norms, has the right to issue an order to the employer that is subject to mandatory execution. This order can be appealed against in court within ten days from the date of its receipt by the employer or his representative. In addition, in accordance with the provisions of Art. 23.12 of the Code of Administrative Offenses of the Russian Federation The Federal Labor Inspectorate and the state labor inspectorates subordinate to it are empowered to consider cases of violations of labor legislation and bring the perpetrators officials employer to administrative responsibility.

An employee, in case of disagreement with bringing to disciplinary liability, can appeal the actions of the employer to the labor dispute committee, except in cases of dismissal for committing a disciplinary offense (see Articles 385 - 391 and the commentary thereto).

An employee, in compliance with the established procedures and if there are sufficient grounds, can resort to judicial protection of his rights in the event of an alleged or actual violation of them when bringing him to disciplinary responsibility. In addition to protecting their rights in the manner prescribed by the provisions of Art. Art. 391 - 393 of the Labor Code of the Russian Federation (see the commentary to them), the employee can appeal the actions of the employer to the magistrate. In accordance with sub. 7 p. 1 of Art. 3 of the Law on Justices of the Peace in the Russian Federation of December 17, 1998 N 188-FZ (SZ RF. 1998. N 51. Art. 6270), justices of the peace consider cases arising from labor relations, with the exception of cases of reinstatement at work.

Courts of general jurisdiction consider labor disputes related to bringing employees to disciplinary liability, both at the first instance and in the procedure for appealing against decisions of the labor dispute committee and justices of the peace. In cases involving applications for the reinstatement of an employee at work, the courts of general jurisdiction are necessarily the first instance. Based on the results of the consideration of the case, the court makes a decision or issues a court order. In accordance with the provisions of Art. 211 of the Civil Procedure Code of the Russian Federation, a court decision or a court order shall be subject to immediate execution if they are issued upon an application for payment of wages to an employee within three months and for reinstatement at work.

• Up

Very often, in practice, employees violate labor discipline: they are late, refuse to carry out the instructions of the management, and do their work untimely. What should an employer do to prevent such actions on the part of employees and at the same time not break the law?

In production activities, in addition to pleasant moments such as encouraging employees, there are also less joyful moments when disciplinary measures have to be applied. With "gingerbread" everything is clear - these are gratitude, bonuses, rewarding with valuable gifts and other incentives for employees for professional achievements. But what about the "whip"? Are there any nuances and do such events require proper registration? About this - in the article.

Conditions for collection

First, let's define what is meant by discipline. So, in article 189 of the Labor Code it is said that labor discipline is the mandatory observance of the rules of conduct by the employees of the organization. These rules are established by the Labor Code, other federal laws, collective bargaining agreements, agreements, local regulations, labor contracts. Consequently, violation of labor discipline leads to disciplinary action.

Reference: disciplinary action is a failure to fulfill or improper fulfillment by an employee through his fault of the labor duties assigned to him.

In order for the employee's actions to entail the application of punishment to him, they must simultaneously meet the following conditions:

• unlawfulness (that is, the actions of the employee do not comply with regulatory legal acts);
• guilt (the employee's actions were committed intentionally or through negligence);
• actions should be related to the performance of job duties.

As for the latter, you need to know the following: if an employee refuses to follow the instructions of the employer, then he should not necessarily be punished. For example, if the instructions are personal or public.

Types of punishment

The labor legislation establishes an exhaustive list of applicable disciplinary sanctions, namely:

• comment;
• rebuke;
• dismissal on appropriate grounds.

For certain categories of employees, other disciplinary measures may also be provided (based on federal laws, statutes and regulations). Thus, the Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" provides, in addition to those listed, the following penalties:

• warning about incomplete job compliance;
• dismissal from the civil service position being replaced.

The following types of disciplinary sanctions are applicable to servicemen on the basis of the Law of May 27, 1998 No. 76-FZ "On the Status of Servicemen":

• rebuke;
• severe reprimand;
• deprivation of the next dismissal from the location of a military unit or from a ship to the shore;
• deprivation of an excellent student's badge;
• warning about incomplete service compliance;
• outfits out of turn, the number of which depends on the severity of the offense;
• reduction in military post;
• reduction in military rank by one notch;
• a decrease in military rank by one level with a decrease in a military position;
• early dismissal from military service in connection with non-fulfillment of the terms of the contract;
• military expulsion educational institution vocational education;
• deduction from military fees;
• disciplinary arrest.

It is possible to dismiss employees as a disciplinary sanction only on the grounds listed in article 192 of the Labor Code. These include:

ñ repeated non-performance by the employee without good reason of his labor duties, if he has a disciplinary sanction, or a single gross violation of labor duties:

1. absenteeism, that is, absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) ;

2. appearance at the workplace in a state of alcoholic, drug or other toxic intoxication;

3. disclosure of secrets protected by law (state, commercial, official and other), which became known to the employee in connection with the performance of his job duties, and disclosure of personal data of another employee;

4. theft of someone else's property, embezzlement, deliberate destruction or damage at the place of work, established by a court verdict that has entered into legal force or by an official;

5. violation of labor protection requirements (established by the labor protection commission), which entailed grave consequences - for example, an industrial accident or an accident - or knowingly created a real threat of such consequences;

• making an unreasonable decision by the head of the organization (his deputy or chief accountant), which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
• one-time gross violation by the head or his deputies of their labor duties;
• violation of the charter of an educational institution by a teacher for one year.

As for the athletes, in addition to those listed above, the grounds on which they can be dismissed are also established - this is a sports disqualification for a period of six or more months or an athlete's violation, including one-time, of the All-Russian anti-doping rules approved by international anti-doping organizations. Also, the legislator has determined other grounds for dismissing guilty employees. It:

• committing guilty actions when handling monetary or commodity values, which subsequently led to a loss of trust on the part of the employer;
• the commission by an employee performing educational functions of an immoral act incompatible with the continuation of this work.

It is not allowed to apply disciplinary sanctions that are not provided for by the Labor Code, statutes and discipline regulations.

Overlay nuances

Whether or not to apply a disciplinary sanction to the offending employee, it is up to the manager or other official to decide, since the imposition of a disciplinary sanction is a right, not an obligation of the employer. However, Article 195 of the Labor Code in relation to the heads of the organization, their deputies established: the employer is obliged, in the event of an application from the representative body of employees, to consider the fact of violation of labor legislation by this head and apply disciplinary action to him, up to and including dismissal.

It is important

The labor legislation establishes an exhaustive list of applicable disciplinary sanctions, namely: reprimand, reprimand, dismissal on appropriate grounds.

Application of punishment

The fact of disciplinary action must be documented. First of all, it is worth requesting a written explanation from the employee who committed the disciplinary offense. Moreover, he must submit it within two days (Article 193 of the Labor Code of the Russian Federation). If, after two working days, the specified explanation is not provided, then an appropriate act is drawn up. This can be an act on the absence of an employee at the workplace or an act on the appearance of an employee at the workplace in a state of alcoholic intoxication (see Appendix 1).

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

In order to bring an employee to disciplinary punishment, it is necessary to comply with the deadlines set by the legislator. These requirements are established in article 193 of the Labor Code. So, a disciplinary sanction is applied no later than one month from the day the offense was discovered, not counting the time of the employee's illness, being on vacation (both main and additional leave, without salary, etc. are considered), as well as the time required to take into account the opinion of a representative body of workers.

A disciplinary sanction cannot be applied later than six months from the date of the misconduct. If an audit, audit or other check of financial and economic activities was carried out, then no later than two years from the date of its commission. The indicated time limits do not include the time of the criminal proceedings.

Only one disciplinary sanction may be applied for each disciplinary offense. That is, absenteeism cannot be simultaneously reprimanded and fired. You need to choose one thing at the discretion of the head of the organization (as a rule, it depends on the severity of the offense). Consequently, when imposing a disciplinary sanction, the severity of the offense, the circumstances in which it was committed, the personality of the employee must be taken into account. An employee cannot be held accountable for reasons beyond his control.

Required registration

The imposition of a penalty on an employee is formalized by an order (order) of the head. Moreover, the employee must be familiarized with it within three working days from the date of publication, not counting the time of his absence from work. If the employee refuses to familiarize himself with the specified order (order) against signature, then an appropriate act is drawn up. There is no unified form for such a document, as well as an act on violation of labor discipline. Therefore, the organization needs to independently develop the appropriate forms of documents. (see Appendix 2)

If the punishment is the dismissal of an employee, it is necessary to draw up an order according to the unified form No. T-8 (approved by the decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1). It will not be a mistake when firing to draw up two orders, namely: on the application of disciplinary sanctions in the form of dismissal and on the termination of the employment contract in the unified form No. T-8. This position is expressed in the letter of Rostrud dated June 1, 2011 No. 1493-6-1.

Note that information about disciplinary sanctions does not need to be entered in the work book, except in cases where the disciplinary sanction is dismissal (Article 66 of the Labor Code of the Russian Federation). As a rule, information about the application of the penalty is not entered into the personal card. However, at the request of the employer in the section "Additional information" they can be specified.

Dismissal as a penalty

If the management of the organization decides to bring an employee to disciplinary punishment in the form of dismissal, it is necessary to observe a number of measures that will be further insured in case you have to go to court. First of all, it is worth remembering that dismissal is an extreme disciplinary measure. Such a decision must be justified and documented. In case of disagreement with the employer, the employee has the right to contact the state labor inspectorate or the bodies for resolving individual labor disputes. The reason for the dismissal, according to the Plenum of the Supreme Court of the Russian Federation, set out in the decision of March 17, 2004 No. 2, may be evidence that the employee's offense actually took place and could be the basis for terminating the employment contract, and if In doing so, the employer has complied with the time limits for the application of a disciplinary sanction provided for in Article 193 of the Labor Code. If the court takes the side of the taxpayer, the business entity will need to restore the employee at the previous place of work, pay him average earnings for the time of forced absence and compensation moral harm.

Special rules

The reason for the dismissal may be evidence showing that the offense committed by the employee actually took place and could be the basis for terminating the employment contract.

Therefore, if a company does not want to “tarnish” its reputation and waste time on litigation, we recommend that you take correct and consistent actions:

1. register the duties of employees and familiarize them with them against signature;

2. check the correctness of the execution of local regulations. For example, is the name of the organization indicated in the labor regulations correctly and whether employees are familiar with them. This rule especially applies to holding companies, since in this case the staff is large and it is necessary to clearly state where, which employees are registered and work;

3. find out if everything Required documents are available. As a rule, companies neglect the requirement for an employee to write an explanatory note, which is a violation and cannot entail the imposition of a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation);

4. comply with the established terms of bringing to punishment. We would like to remind that a disciplinary sanction is applied no later than one month from the date of detection of the misconduct, not counting the time of the employee's illness, vacation, and 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 the misconduct, 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 the criminal case (part 4 of article 193 of the Labor Code of the Russian Federation);

5. to carry out the dismissal procedure correctly, for example, the work book was issued on time and all the amounts due to the employee were paid.

Penalties

Fines for non-observance of labor discipline are unlawful. Also, the collection in the form of deprivation of the premium is not provided for by law. It happens that an employee is late for work, and the manager fines him for this. These actions are illegal. The imposition of a fine as a disciplinary measure is not provided for either by the Labor Code or by any other normative legal act, therefore it is unlawful to fine employees for disciplinary offenses.

Or the employee has made a defect in production, and for this he is deprived of the bonus. This is also illegal, since there is no deprivation of the prize in the list of disciplinary sanctions. In order not to pay the bonus legally, it is necessary to draw up a document in which to describe the criteria by which employees are awarded.

Removal of disciplinary sanction

If, within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he / she shall be deemed to have no further disciplinary sanctions.

However, the employer has the right to withdraw it before the end of the year from the date of application. He can do it by own initiative, at the request of the employee, at the request of the immediate manager or representative body.

The order for the early lifting of the disciplinary sanction is signed by the employer. It is necessary to indicate in it the reason why the disciplinary penalty is removed, the number and date of the order to impose a penalty. There is no unified form for this document, so you need to develop it yourself (see Appendix 3)

Employer's responsibility

As a reminder, the Labor Code prohibits the use of disciplinary punishments not provided for by this code, federal laws, and statutes.

Violation of labor and labor protection legislation entails the imposition of administrative responsibility in the form of:

• an administrative fine for officials in the amount of 1,000 to 5,000 rubles;
• fine for legal entities in the amount of 30,000 to 50,000 rubles.

Thus, in the event that an employee commits a disciplinary offense, when deciding on his disciplinary punishment, it is necessary to think over everything properly so as not to end up in court in the future.

Any punishment, including disciplinary one, must be reasoned, formally formalized and enforced in strict accordance with labor legislation. Otherwise, it is possible to appeal the order to impose a disciplinary sanction from the employee. Let us further consider what types of disciplinary sanctions exist and how the imposition of punishment should be legally correct.

Disciplinary action under the Labor Code of the Russian Federation

A disciplinary sanction in the implementation of labor relations is a punishment applied to an employee of an organization, regardless of his rank and status. The penalty can be imposed in the following cases:

• in case of non-fulfillment or poor-quality fulfillment of their official duties;
• in case of violation of the rules and regulations of the company, prescribed in internal regulations:
  • violation of labor discipline,
  • presence at work under the influence of alcohol or drugs,
  • disclosure of commercial secrets, etc.

These and other reasons for which punishment may follow are spelled out in the Labor Code (LC) of the Russian Federation, in Art. 81.

It should be noted that a citizen's ignorance of his official duties does not relieve him of responsibility for their failure to fulfill them. All actions that the employee must carry out are spelled out in the employment contract concluded between him and the employer. Acquaintance with this document is the first priority for employment.

Curious facts

The application of a disciplinary sanction is allowed no later than 1 month from the date of fixing the offense, while the time spent on sick leave, on vacation, as well as the period of time spent on taking into account the opinion of the representative body of employees, is not taken into account.

Disciplinary measures can be applied only in case of proven fault of the employee and documentary recording of the fact of violation. For example, if an employee did not go to work for a disrespectful reason, and they did not mark absenteeism in his working time record card, then it will not be possible to apply any penalties to him.

A disciplinary violation can be recorded with the following documents:

• act. It is drawn up mainly for disciplinary violations. For example, when you are late for work, when absenteeism, etc .;
• memorandum. It is drawn up by the head of the employee who has made a fault due to non-fulfillment or poor-quality performance of official duties, in case of violation of the submission of reports, etc.;
• protocol of the decision of the commission. This document is drawn up, for example, in the event of material damage to the company.

The employee has the right to appeal against the disciplinary sanction with the help of the state labor inspectorate.

The duration of a disciplinary sanction is one year and if during this time the employee does not have a new disciplinary sanction, then he / she will not have a disciplinary sanction.

Terminology of disciplinary action as a legal act

Disciplinary sanction, like any procedural action, is strictly regulated Labor Code(TC) RF. Violation of the norms and procedure for imposing a penalty may lead to an appeal against its application and invalidation.

The disciplinary procedure implies that there is a subject, object, subjective and objective side in the case:

• the subject is an employee who has committed a disciplinary offense;
• object - the norms and procedures established in the labor organization;
• the subjective side is the employee's fault;
• the objective side is the relationship between the fault of the fined employee and the consequences.

Types of employee disciplinary liability

There are several types of disciplinary sanctions that are approved by the labor legislation of the Russian Federation (Article 192 of the Labor Code). Only these types can be applied when labor relations others will be illegal.

Types of penalties:

• comment,
• rebuke,
• dismissal.

The list is modeled in ascending order of the severity of the punishment for the violations committed. Remark - the mildest measure of impact, is made in verbally... The reprimand is also pronounced verbally, but has more serious consequences.

If an employee has several reprimands, he can be legally dismissed. Dismissal, as a disciplinary measure, is applied in case of repeated violations, for which the employee was previously imposed more than soft species punishment.

Only one penalty can be applied for one violation. Here is an example: an employee did not complete the work within the specified time frame. If the employer made a reprimand to the employee for this, then he has no right to announce an additional reprimand.

Disciplinary responsibility is the obligation of an employee to incur penalties in accordance with labor law when committing illegal actions.

Reasons for imposing a penalty

The penalty can be imposed by the employer on the employee on the basis of the available grounds. The reason for the disciplinary sanction is the commission of a disciplinary offense (Article 189 of the Labor Code of the Russian Federation).

What exactly falls under the definition of a misconduct:

• being late for work;
• no show at workplace for no good reason (absenteeism);
• being at the workplace in a state of alcoholic or drug intoxication;
• violation of safety rules;
• disclosure of commercial secrets;
• non-fulfillment or poor-quality fulfillment of official duties prescribed in the employment contract;
• non-compliance with the rules and regulations of the internal order of the company, etc.

Any violations committed by an employee that are not included in the list of possible reasons for imposing a disciplinary sanction cannot become the basis for the application of punishment. Only one disciplinary sanction may be imposed for one offense.

Disciplinary sanctions are general and special. Common apply in all labor collectives, and special only in certain areas, for example, in the Armed Forces of the Russian Federation or in the public service.

Some facts

In case of early release of an employee from collection, the employer needs to back up and issue an order “to remove the collection”, and the employee needs to familiarize himself with it and sign it. The organization can draw up the order form independently.

General disciplinary sanctions, according to Art. 192 of the Labor Code of the Russian Federation:

• comment,
• rebuke,
• dismissal.

A comment is the most lenient measure of influence, and dismissal is an extreme measure.

Terms of imposing a disciplinary sanction according to the Labor Code of the Russian Federation

The imposition of a penalty is possible only within certain periods after the violation occurred. This period is equal to 1 calendar month from the date of recording the committed disciplinary offense, but at the same time, no more than 6 months must elapse from the date of its commission. It should be noted that this period does not include the time when the employee was on vacation, was ill or was absent from the workplace for other reasons.

If a violation is revealed during any inspection, then the limitation period is 24 months (Article 193 of the Labor Code of the Russian Federation).

The procedure for imposing a disciplinary sanction on an employee

There is a certain procedure for taking measures for a disciplinary violation (Article 193 of the Labor Code of the Russian Federation). A change or omission of any of the stages may make the imposition of a penalty illegal and entail its cancellation.

Stage 1: the employer receives a signal about the commission of a misconduct.

This signal must come in writing. This can be an act, a report, a memorandum or a protocol of the commission's decision after carrying out any check. Any of the listed documents must contain a description of the violation committed. The date the employer receives the signal is the date the disciplinary action is opened.

Curious information

In the event of a dispute, the employer's request to provide explanations and the corresponding act on the absence of these explanations in writing are grounds for disciplinary action. However, if the employee provides an explanatory note, observing the deadlines, then the collection can be canceled.

Stage 2: submission to the employee of a written request for an explanation of the committed act.

After reading this requirement, the employee must sign.

Stage number 3: explanation of the event by the employee.

The presentation form is an explanatory note. It must contain a description of the reasons that led to the violation. The grounds can be either respectful or disrespectful.

The employer evaluates the reasons for this criterion, he has the right to classify them at his own discretion. The Labor Code of the Russian Federation does not regulate the concept of "good reason", therefore, generally accepted grounds are applied: illness, lack of material resources for work, fulfillment of orders from higher authorities, etc.

The employee has the right not to write an explanatory note, in this case, after 2 days of waiting, the employer (or other responsible person) must draw up a special act on the absence of explanations from the employee. The employer (or employer's representative) and 2 witnesses must sign this act.

Stage 4: imposition of disciplinary action.

If the employer recognizes the reason for the misconduct on the part of the employee to be disrespectful, then he has the right to apply one of the disciplinary measures. Such a decision is drawn up by issuing an order. This document should contain the following points:

• order number and date of its publication;
• the basis for drawing up the document is the wording that a certain disciplinary measure has been applied to a specific employee (indicating the full name and position);
• an indication of the reason for which the penalty was imposed;
• employer's signature.

The order is an important document for confirming the facts of imposition of penalties. Several such documents are a good reason for the employer to take an extreme disciplinary measure - dismissal (Article 81 of the Labor Code of the Russian Federation).

If there are no other penalties within one year, and after that year, the penalty must be lifted from the employee. If the employer wishes, it can be withdrawn during this one year, as well as at the request of the employee, or at the request of the representative body or the head of the employee.

Stage 5: familiarization of the employee with the issued order.

This must be done by the personnel of the personnel department or the employer himself no later than 3 working days from the date of its publication. Familiarization with the order is confirmed by the employee's handwritten signature. If a citizen refuses this procedure, then a special act is drawn up, which fixes the refusal.

Alternative disciplinary action

Disciplinary measures of influence can be applied not only in labor collectives, but also in other structures. For example, in the ranks of the Armed Forces of the Russian Federation, in government agencies. Legal regulation disciplinary sanctions in these structures are carried out, respectively, by the Charter "On the Armed Forces of Russia" and the Federal Law (FZ) "On Civil Servants".

The list of disciplinary measures in the Armed Forces, in addition to the standard ones, also has a number of additional punishments:

• demotion;
• disciplinary arrest;
• deprivation of a leave of absence;
• deduction (if we are talking about military training, courses, educational institutions);
• appointment of an outfit out of turn, etc.

Watch the video about the timing of bringing an employee to disciplinary responsibility

Consequences of the imposition of a penalty

Recovery is an official warning to the employee about the inadmissibility of the misdemeanors committed by him. Repeated violations lead to further penalties in the form of remarks and reprimands. In such a case, the employer has the right to dismiss the employee legally with the adoption of the appropriate wording.

If, with the existing penalties, the employee did not commit such violations during the year, then the penalty imposed on him is automatically removed.

All questions of interest can be asked in the comments to the article.

It passes without conflicts. However, not all of them are resolved peacefully. Across the spectrum of the employer-employee relationship, discipline is considered the most important issue. The personal qualities of the parties to the dispute are of particular importance in resolving it. Meanwhile, mechanisms are also needed to keep the situation within the framework of legal norms.

General rules

If justified, the employer may impose disciplinary action on the employee. Labor Code of the Russian Federation provides for several measures of responsibility for employees. The employer can use them in any order. The measures identified are remark, reprimand and dismissal. The latter applies to serious violations. In practice, leaders impose the softest disciplinary action. Labor Code of the Russian Federation establishes a certain procedure for the application of measures of responsibility. It should be said that many of the terms that were used earlier are not provided for in the current legislation. In particular, this applies to such a concept as "severe reprimand". Meanwhile, some executives continue to threaten its use. Employees should be aware that there is no such measure as “severe reprimand”. The fact of dismissal is entered in the work book. The application of the rest of the sanctions is recorded in the employee's personal card.

Normative base

Art. 192 of the Labor Code of the Russian Federation is applied in case of improper performance by an employee of his functions defined in the Code, contract, internal regulations and other regulations. When concluding a contract, an employee must familiarize himself with the local documents establishing his duties and responsibilities, against signature. Art. 192 of the Labor Code of the Russian Federation fixes the right of the employer to hold employees accountable. In practice, a certain procedure for the application of measures has developed.

A reprimand as a disciplinary sanction

The Code does not establish a clear list of violations for which this measure is applied. However, in practice, it can be charged for serious, repeated or systematic violations. For example:

Application procedure

As a rule, follows after the imputation of the mildest sanction. There is some practical sense in this. The leader, first applying the remark, has two main goals. First of all, the employee is given a chance to improve. At the same time, the employer relieves the risk of subsequent litigation. It should be said that the Code prohibits the application of two sanctions for the same violation. This means that if the employee had a remark, then the reprimand is not imputed to him.

An important point

In the framework of legal proceedings, first of all, the issue of applying softer measures to an employee is being clarified. If the employer, acting as the defendant, is unable to provide evidence that the reprimand followed the remark, then the absence of facts will testify in favor of the applicant - an employee defending his rights. The court may regard the actions of the manager who applied the measure of responsibility as disproportionate to the violation.

Fixing violation

Before publishing reprimand order, a certain order must be followed. First of all, the violation for which the sanction is imputed must be recorded. To do this, the immediate superior of the employee must provide the management of the enterprise with a memo (service) note. It describes the fact of non-compliance with the instructions. The note sets out the circumstances, the date of the event, the specific persons who participated in it. In addition, the document must contain a phrase of this type: "In accordance with the above, I ask you to apply disciplinary measures to ...". Immediate superior the offender can express his own opinion about what happened, but in an assumed wording.

Act

It is worth saying that if there is a memorandum, the manager can begin the procedure for imposing a sanction. But for greater legitimacy, it is advisable to issue an act of violation. This document is considered to be more beneficial from the legal point of view, since it must contain at least three names of employees who are in the same department. If disputes arise, they will be brought in as witnesses.

Features of compilation

The act is drawn up arbitrarily. It indicates the same information as in the memo, but without comments. The text begins with the phrase "We who signed below ... have drawn up an act stating that ...". The document must contain a phrase stating that the offender was asked to give a written explanation about the event. It must be taken into account that the name of the perpetrator must be present among other persons signing the act. At the same time, it is impossible to require a signature from an employee. One can only suggest. The employee has the right to refuse to sign the document. In this case, a corresponding mark is put in front of his surname.

Notification

As stated above, the offender should be asked to provide a written explanation. As with the signature of the act, it is impossible to require an employee to provide explanations. This is the employee's right. He may not use it. The employer's right to ask for an explanation from the employee is established by Articles 192, 193 of the Labor Code. These norms regulate the order of actions of the head. The request to the employee for a written explanation is set out in the notification. It is brought to the violator against signature. After that, within two days, the offender must also respond in writing. If the employee has not signed the notification, an act is drawn up about this.

Refusal to explain

After 2 days, in the absence of a response from the offender, an act is drawn up. This period is provided for in Article 193 of the Code. You should not draw up an act of refusal to provide a written explanation earlier than 2 days from the date of familiarization with the notification. Otherwise, this action may contribute to a decision in favor of the culprit if the proceedings are continued in court. After receiving an explanation and considering it, you can draw up a reprimand order. It should be said that this document will be drawn up even if the employee refuses to give explanations. The main thing is to meet the deadlines.

Reprimand: sample local act

The document is also drawn up in any form. However, a number of rules must be followed. The local act on the imposition of a sanction indicates:

1. Serial number of the document.
2. Date.
3. Information about the manager and the employee.
4. The reason the employee was reprimanded. The local act is drawn up in such a way that it is unambiguously clear why the sanction was applied to the employee. The document describes the misconduct without going into all the details.

More about registration

The name of the enterprise must be present in the header of the document. Below is the order number. It is determined in accordance with the internal document flow. After that, the name of the document is indicated - Order to issue a reprimand ... (here the full name of the offender is given). The following is a brief description of the misconduct. For example, "To impose a penalty in the form of a reprimand for failure to fulfill the functional duties established in the employment contract, without a valid reason." The wording depends on the nature of the violation. The order may contain various grounds for the application of the sanction. For example, if a reprimand is announced in connection with the systematic delays of an employee, acts indicating this are indicated. These documents must contain specific dates and times. You can also reflect information about the presence / absence of a written explanation. At the end of the document, the signature of the director of the organization is put, as well as the employee himself who committed the misconduct. The date of registration is put.

Effects

The fact of the reprimand is reflected in the employee's personal card (form T-2). Information about this sanction is not available anywhere else. However, it has a negative impact on the amount of bonuses, bonuses, and other additional incentives. However, even after the imposition of the sanction, the employee can correct the situation. If, within a year after receiving it, he does not violate the rules, it will be removed automatically. In addition, a reprimand as a disciplinary sanction can be liquidated ahead of schedule. This will require a petition from the employee and his direct superior. It should be noted that such a situation is possible only if the perpetrator is loyal to the internal investigation of the incident and in the absence of refusals on his part to give an explanation and sign the acts.

Nuances

Many employers are interested in whether it is necessary to enter the fact of the systematic application of a reprimand to one employee in the work book? As it was said above, according to general rules, information is entered into this document only about dismissal. However, in practice, if for objective reasons the manager is forced to constantly reprimand the employee, this information can also be included in the work book. If the sanction was applied once, the document remains "blank".

Challenging

In case of disagreement with the applied measure of responsibility, the employee can appeal the decision of the management in court. For this, the legislation assigns 3 months. The employee draws up an appropriate statement in which he sets out the essence of the incident, indicates what exactly he does not agree with. The head of the enterprise should assume that the employee will take such a step. However, as practice shows, a reprimand, in contrast to dismissal, is practically not contested in court. In any case, the likelihood of satisfaction of the employee's claim will be minimized if there is documentary evidence of the actions of the employer.

Wrongfulness of a sanction

If the reprimand was handed down unlawfully, and this is proven in court, the management of the organization faces administrative liability. It is established by article 5.27 of the Administrative Code. In the norm, sanctions are provided for both for the enterprise as a whole and for a specific person. Individuals can be fined up to 5 thousand rubles, legal entities - up to 50 thousand.

Additionally

Of course, the head of the organization must take measures to ensure proper compliance with the internal rules of the enterprise. This is by no means always possible with the use of diplomacy. At the same time, the leader must maintain a balance between sanctions and incentives, not apply the law without a reason. Such cases of non-compliance with the internal regulations, such as a one-time delay, failure to fulfill a production task within the allotted time, negligence accidentally admitted in the implementation of professional activities, do not have a significant impact on the course of the process throughout the enterprise. Accordingly, such misconduct should not always translate immediately into a basis for the imposition of serious sanctions. In most cases, the employee is well aware of his mistake. Nobody wants to be cornered. But with the application of the mechanism of official collection, this will certainly happen. The head of the enterprise must strive to maintain the "golden mean". In each case, you should collect explanations for the violations committed or draw up an act in case of refusal to provide them. With the accumulation of more than three such situations, it will already be quite legitimate to apply a penalty. However, in this case, a conversation should be held with the employee. During the conversation, the leader explains the reasons for his actions and decisions taken... Of course, this shouldn't seem like an excuse. but summary situations with a further prospect of lifting the sanction will please the offender more than the articles of the Code that allow the cancellation of the punishment.

Conclusion

After applying the reprimand, the manager has only one punishment - dismissal. The employee, in turn, needs to think about his behavior, assess future prospects. A reprimand can be considered the last argument, a way of bringing the employee's actions in line with the prescriptions. Therefore, the use of this measure is justified only when the employee directly and openly violates the norms established by the Code and other legal documents. From all that has been said above, the following conclusion can be drawn. If there is a situation where the offense is not so serious as to apply punishment, you need to proceed from common sense and not impute a sanction. If the employee is found to be impervious to conversations and continues to abuse, legal mechanisms must be put in place.