Passes without conflicts. However, not all of them are resolved peacefully. In the entire spectrum of relationships between employer and employee, the issue of discipline is considered the most important. The personal qualities of the parties to the dispute are of particular importance in its decision. Meanwhile, mechanisms are also needed to keep the situation within the framework of legal norms.

General rules

If there are grounds, the employer may impose disciplinary sanctions on the employee. Labor Code of the Russian Federation provides several measures of responsibility for employees. The employer can apply them in any order. The established measures are remark, reprimand and dismissal. The latter is used for serious violations. In practice, managers impose the softest first disciplinary action. Labor Code of the Russian Federation establishes a certain procedure for applying liability measures. It is worth saying that many terms that were used previously are not provided for in the current legislation. In particular, this applies to such a concept as “severe reprimand”. Meanwhile, some leaders continue to threaten its use. Employees should be aware that there is no such thing as a “severe reprimand”. IN work book the fact of dismissal is recorded. The application of other 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 others regulations. When concluding a contract, the 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 establishes the right of the employer to hold employees accountable. In practice, a certain procedure for applying measures has developed.

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, it follows after the imposition of the mildest sanction. This has a certain practical meaning. The leader, by first applying the observation, pursues two main goals. First of all, the employee is given a chance to improve. At the same time, the employer relieves himself of the risks of subsequent legal proceedings. It should be said that the Code prohibits the application of two sanctions for the same violation. This means that if an employee had a remark, he will not be reprimanded.

Important point

As part of the legal proceedings, first of all, the issue of applying more lenient measures to the employee is clarified. If the employer, acting as a defendant, cannot 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 liability as disproportionate to the violation.

Recording a violation

Before you publish reprimand order, a certain order must be followed. First of all, the violation for which a sanction is imposed must be recorded. To do this, the employee’s immediate supervisor must provide the management of the enterprise with a memo. It describes the fact of non-compliance with the requirements. The note sets out the circumstances, the date of the event, and specific persons who participated in it. In addition, the document must contain a phrase of the following type: “In accordance with the above, I request that disciplinary measures be taken against...”. Immediate superior the offender can express his own opinion about what happened, but in a presumptive formulation.

Act

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

Features of compilation

The act is drawn up arbitrarily. It contains the same information as in the memo, but without comments. The text begins with the phrase “We, who have signed below... have drawn up an act stating that...”. The document must contain a phrase stating that the offender has been asked to give a written explanation of the event. It is necessary to take 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 the employee. We can only suggest. An employee has the right to refuse to sign a document. In this case, a corresponding mark is placed opposite his last name.

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 the employee to provide explanations. This is an employee's right. He may not use it. The employer’s right to ask for an explanation from an employee is established by Articles 192 and 193 of the Labor Code. These norms regulate the actions of the manager. The request for the employee to provide a written explanation is set out in the notice. It is delivered to the offender against signature. After this, the violator must also respond in writing within two days. If the employee does not sign the notification, a report about this is drawn up.

Refusal to explain

After 2 days, if there is no response from the violator, a report is drawn up. The specified period is provided for in Article 193 of the Code. An act of refusal to provide a written explanation should not be drawn up earlier than 2 days from the date of familiarization with the notification. Otherwise, this action may contribute to a decision in favor of the perpetrator if the proceedings continue in court. After receiving an explanation and considering it, you can draw up a reprimand order. It is worth saying 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 imposing a sanction states:

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

More details about design

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 internal document flow. After this, the name of the document is indicated - Order to issue a reprimand ... (the full name of the offender is given here). The following is a brief description of the offense. For example, “Impose a penalty in the form of a reprimand for failure to fulfill the functional duties established in the employment contract without a good reason.” The wording depends on the nature of the violation. The order may contain various grounds for applying sanctions. For example, if a reprimand is announced due to the systematic tardiness 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, as well as the employee who committed the offense, is signed. The registration date is set.

Consequences

The fact of a reprimand is reflected in the employee’s personal card (form T-2). Information about this sanction is not present anywhere else. However, it negatively affects the amount of bonuses, bonuses, and other additional incentives. However, even after a sanction has been imposed, the employee can correct the situation. If he does not violate the rules within a year after receiving it, it will be removed automatically. In addition, a reprimand as a disciplinary sanction can be terminated early. 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 what happened and in the absence of refusals on his part to give an explanation and sign acts.

Nuances

Many employers are interested in whether it is necessary to enter the fact of systematically applying a reprimand to one employee in the work book? As was said above, according to general rules, this document contains information only about dismissal. However, in practice, if for objective reasons the manager is forced to constantly reprimand an employee, this information can be included in the work book. If the sanction was applied once, the document remains “clean”.

Challenging

In case of disagreement with the applied measure of responsibility, the employee can appeal the management’s decision in court. The legislation allows 3 months for this. The employee draws up a corresponding statement, which sets out the essence of the incident and indicates what exactly he does not agree with. The head of the enterprise must assume that the employee will take such a step. However, as practice shows, a reprimand, unlike dismissal, is practically not challenged in court. In any case, the likelihood of the employee’s claim being satisfied will be minimized if there is documentary evidence of the employer’s actions.

Illegality of the sanction

If the reprimand was issued illegally, and this is proven in court, the organization’s management faces administrative liability. It is established by Article 5.27 of the Administrative Code. Normally, sanctions are provided for both the enterprise as a whole and for a specific individual. Individuals may 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 regulations of the enterprise. This is not always possible using diplomacy. At the same time, the leader must maintain a balance between sanctions and rewards, and not apply the law without reason. Such cases of non-compliance with internal regulations, such as one-time delay, failure to complete a production task within the allotted time, negligence accidentally committed during professional activities, do not have a significant impact on the progress of the process throughout the enterprise. Accordingly, such misconduct should not always immediately translate into grounds for the imposition of serious sanctions. In most cases, the employee is well aware of his mistake. Nobody wants to be cornered. But when using the official collection mechanism, this will certainly happen. The head of an enterprise must strive to maintain the “golden mean”. In each case, you should collect explanations for the violations committed or draw up a report if they are refused. If more than three such situations accumulate, it will be quite legal to apply penalties. However, in this case, a conversation should be held with the employee. During the conversation, the leader explains the motives for his actions and decisions made. Of course, this should not look like an excuse. However summary situations with a further prospect of lifting the sanction will please the violator more than articles of the Code that allow the lifting of the punishment.

Conclusion

After applying a reprimand, the manager has only one form of punishment - dismissal. The employee, in turn, needs to think about his behavior and evaluate future prospects. A reprimand can be considered the final argument, a way of bringing the employee’s actions into compliance with the regulations. Therefore, the use of this measure is justified only when an 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 a situation arises where the offense is not serious enough to impose a punishment, you need to use common sense and not impose a sanction. If the employee turns out to be unreceptive to conversations and continues to violate, it is necessary to use legal mechanisms.

The current Article 192 of the Russian Labor Code provides an almost exhaustive list of possible penalties specifically for disciplinary actions when any labor duty is not fulfilled or performed poorly, that is, in an inappropriate time. It must be remembered that the same Labor Code allows other federal laws to provide for punishment of certain groups of people, and also any charter (for example, military) or disciplinary regulations have such a right.

with comments 2016 - summary

If discipline is violated, the law allows the imposition of such types of punishment as:

• 1. Note;
• 2. Reprimand;
• 3. Dismissal.

When using these measures, it is necessary to take into account the severity of the offense, each circumstance that led to its commission, that is, what severity the corresponding type of act has. It is prohibited to punish for non-fulfillment or poor fulfillment of any obligations in ways not provided for by law.

Changes to the article on disciplinary sanctions

The Labor Code is a long-standing and carefully developed document/law. Each measure indicated in it has proven its effectiveness and justification, so innovations in it are very rare. so the latest edition for 2016 does not have such.

Article 192 of the Labor Code of the Russian Federation: procedure for application disciplinary sanctions— the latest edition of the article is available

Article 192 of the Labor Code of the Russian Federation - paragraph 2 part 1

This part of the article lists all the measures that an employer can apply to an employee regarding the latter’s failure to comply with official duties. Disciplinary liability cannot be applied for those points that are not prescribed by law; this is already an abuse of official powers by the manager.

The procedure for applying any disciplinary sanctions involves obtaining explanations from the employee before a decision on punishment is made. This should only be a written document; if the culprit refuses to explain himself for the offense committed, then after two days a corresponding act is drawn up, and then a penalty is imposed. That is, according to Article 192 of the Labor Code of the Russian Federation, in case of refusal to write an explanation for an offense, the employee’s opinion will not be taken into account, however, this cannot increase the severity of the offense, and accordingly will allow the employer to assign greater responsibility for it.

You also need to know that it may be possible to suspend a person from performing duties for a month so that the offense committed is dealt with, the circumstances are clarified, but even when his guilt is evident, then he will have to pay a salary for the specified period.

Article 192 of the Labor Code of the Russian Federation - part 3 limitation period

The employee must receive any disciplinary sanctions under Article 192 of the Labor Code of the Russian Federation no later than one month from the date of its commission. The specified period of time will begin from the moment the employer learned that the work was performed with violations. This does not include time of illness, vacation, etc., but even taking into account the current period cannot exceed 6 months. If a case of violation is revealed as a result of any business inspection or audit, then such a period can reach two years.

It is also important to understand that only one disciplinary sanction can be imposed for each offense committed. But, when an offense contains signs from different sections of the law, then one punishment can combine different requirements For example, a reprimand according to the Labor Code can be combined with a fine for violating some administrative norm.

The Federal Labor Code says that after the imposition of any penalty, this order must be communicated to the culprit, and the period for this is three days. If the employee refused to sign the document, then an addition must be made about this.

It is not necessary to apply measures in the order specified in the Labor Code, as evidenced by several articles of the document (Chapter 30). If new circumstances are discovered, then you can make changes to the decision or cancel it. A year after the punishment, it can be removed at the initiative of the employer or employee.

Term for appealing punishment under Article 192 of the Labor Code of the Russian Federation

The legislation has set aside a three-month period for appealing labor disputes, and it is the same when appealing to different authorities: the State Labor Inspectorate (this is the labor inspectorate), the dispute commission, the judicial body. Dissenting cases are rarely referred to the court, although it is the most effective of all the listed authorities; it can independently request any documents if there is a reason and necessity.

Application or complaint under Article 192 of the Labor Code of the Russian Federation

Violation employment contract entails disciplinary action.

Punishing negligent employees will ensure compliance with rules and regulations job description guaranteeing the safety of the production process.

It's fast and free!

Material incentives as a motivational method of stimulation labor activity, opposed to disciplinary responsibility. The purpose of its use is punishment of employees who do not perform their job duties properly who have committed an industrial misconduct. The disciplinary method of influence is provided for in Art. 192 Labor Code.

Disciplinary proceedings are a legal relationship in which the parties are the employer and the employee.

The conclusion of an employment agreement obliges the subjects to comply with and fulfill the requirements set out in the document. Deviation from disciplinary norms is considered.

What measures of influence does the employer have the right to apply from the point of view of the Labor Code?

List of methods and types of influence on violators of labor regulations are provided for in Article 192 of the Labor Code of the Russian Federation.

What penalties for violation of labor discipline exist under the Labor Code of the Russian Federation?

Any offense is punishable by law. Employees of enterprises, just like ordinary citizens, must comply with the standards established at a particular production site. Failure to comply with rules and labor obligations entails serious administrative penalties. The manager has the right to apply one of the types of disciplinary sanctions against a negligent subordinate.

Which penalties provided for by the Labor Code:

The most severe of the listed disciplinary measures against an employee is dismissal. To apply this type punishment, the manager must act within the framework labor legislation.

The remaining types are considered a soft warning method and are established for minor labor violations. ?

How to apply the comment

Usually the first unpleasant conversation with management ends with a service remark. The manager cannot classify any oversight on the part of the employee as a disciplinary violation.

Note - gentle method scold a subordinate. This type of penalty is applied in the following cases:

• failure to fulfill or neglect job descriptions;
• absenteeism;
• regular unjustified lateness to work.

In practice, some managers initially conduct conversations with negligent employees, and then they impose punishment. At the same time, guilt is recognized not only in case of an intentional violation, but also in case of careless behavior at work.

The immediate supervisor must take disciplinary action by documenting the act.

If errors are made in the procedure for registering a disciplinary sanction or the fact of incorrect paperwork is revealed, then this type of punishment is considered invalid.

Reprimanding employees

The next mitigating type of production penalty, but more severe, is a reprimand. First, the employer verbally reprimands the offending subordinate, and then the words draws up in the form.

At its core, the first form of punishment is no different from the second and carries with it similar consequences. However, the reprimand announced in case of a more serious violation of discipline.

In addition, the amount of this type of recovery may lead to dismissal. If an employee receives two or more reprimands during the year, the Labor Code allows the contract with such an employee to be terminated.

Even the court will not help in this matter. As shown arbitrage practice, the claim will be rejected if in fact there are more than two reprimands for the current year.

Large enterprises that practice a system of motivation and incentives with material payments have an alternative financial instrument. In such organizations, the leader of dishonest subordinates punishes with rubles:

• deprives bonuses and allowances;
• imposes sanctions.

A reprimand is issued in cases where serious harm has been caused to production, or the violations have become systematic.

Liability in the form of dismissal

When the system overwhelms common sense, and the employee’s actions are classified as serious, there is no need to talk about soft methods of punishment. Dismissal is considered to be serious disciplinary action.

Before using a punitive instrument, management will have to prove the degree of guilt of the employee.

Failure to comply with safety rules or ignoring job descriptions must be systematic.

Based on the analysis of the subordinate’s card, where disciplinary punishments appear repeatedly, the employer makes a decision to dismiss this person.

If the actions of a manager are considered unlawful, then they may be challenged in court. As an argument, it is necessary to provide documents refuting the employee’s guilt and proving a violation of workers’ rights.

Disciplinary action in the form of dismissal applies in the following situations:

• insubordination;
• immoral behavior in the workplace;
• participation in events that discredit the honor and dignity of senior officials;
• ignoring instructions;
• refusal to comply with the terms of the employment agreement;
• disclosure of corporate information;
• damage or theft of government property;
• leaving the workplace without permission;
• systematic delays;
• violation of safety rules and labor protection standards;
• appearing at work under the influence of alcohol or drugs.

Any of the above reasons may become grounds for early termination of the employment agreement.

Is deprivation of a bonus a penalty?

The measures to be taken against a negligent employee are clearly stated in the Labor Code. So, according to

It is permissible to punish employees for official misconduct, but with an eye to Article 192 of the Labor Code of the Russian Federation. In the article you will find detailed comments from experts, a list of permitted penalties, a table of current discipline statutes and a sample dismissal order.

From the article you will learn:

By signing an employment contract, the employee undertakes to comply with production discipline, in other words, that the employer has established: come to work on time, do your job responsibilities, adhere to chain of command, etc. Each organization develops its own set of rules for personnel. At the same time, types of penalties , are established by law. Employers are strictly limited in their choice.

Read about the application and removal of disciplinary sanctions in the electronic magazine “Personnel Affairs”

How it will help: choose a disciplinary measure taking into account the severity of the offense, competently formalize the dismissal “under the article”.

How it will help: remove the penalty from the employee in legally, understand the difference between the removal and cancellation of a disciplinary punishment.

How it will help: correctly draw up documents on the cancellation of layoffs, disciplinary or financial penalties.

What types of disciplinary sanctions are provided for in Article 192 of the Labor Code of the Russian Federation (2018)

A complete and closed list of common disciplinary measures, which are permitted by law, are indicated in Part 1 of Article 192 of the Labor Code of the Russian Federation. If an employee fails to carry out instructions from management once or systematically, or ignores his duties, or appears - in a word, violates discipline - the employer has the right:

• make a remark;
• reprimand;

This is where the list ends. Any other measures are illegal, so it is better to do without initiative and not introduce a system of fines or other penalties, as some companies do. For this, the employer may be subject to .

Editorial advice: To ensure that supervisory authorities do not have any complaints about the company’s disciplinary policy, specify in as much detail as possible the terms and procedure for applying penalties in local regulations. Develop , indicate what specific measures the employer applies to discipline violators, how it carries out , what documents support its decision.

Document every penalty, even a reprimand, with an order. If we're talking about about , draw up the order carefully and accurately, list all the documents that prove he committed an offense.

Question from practice

How to issue an order to impose a disciplinary sanction?

Ivan Shklovets answers:Deputy Head of the Federal Service for Labor and Employment.

When all the evidence of the employee’s guilt has been collected: reports, acts, explanatory notes, issue an order to impose a disciplinary sanction. If you use a reprimand or reprimand, then draw up the order in any form. If an organization decides to fire an employee, then draw up an order to terminate the employment contract in the form...

Read the expert's answer

In what cases are disciplinary sanctions not provided for in Article 192 of the Labor Code of the Russian Federation applied?

There are certain categories of workers for whom the charters, federal laws and regulations on discipline provide additional types punishments (parts 2 and 3 of article 192 of the Labor Code of the Russian Federation with comments). We are talking about regulations that apply to specific industries, enterprises and professions.

Normative act	Approval document
Regulations on discipline of railway transport workers
Disciplinary charter of paramilitary mine rescue units in transport construction
Disciplinary Charter of the Customs Service of the Russian Federation
Charter on discipline of maritime transport workers
Charter on discipline of workers of the fishing fleet of the Russian Federation
Charter on the discipline of crews of Navy support vessels
Charter on discipline of employees of organizations operating particularly dangerous and nuclear hazardous production and facilities

Such measures of influence as a warning about incomplete official compliance or release from a civil service position being filled are provided only for state civil servants ( ) They cannot be applied to other categories of workers.

According to Part 3 of Article 192 of the Labor Code of the Russian Federation with the amendments made to this norm and the explanations of the Plenum Supreme Court RF (clause 52 of Resolution No. 2 of March 17, 2004) disciplinary measures include dismissal for the following reasons:

• to an employee servicing commodity or monetary assets as a result of his guilty actions (clause 7, part 1, article 81 of the Labor Code of the Russian Federation);
• disqualification for six months or more or a violation of anti-doping rules (Article 348.11 of the Labor Code of the Russian Federation);
• repeated violation of the charter within a year educational institution (clause 1, part 1, article 336 of the Labor Code of the Russian Federation);
• commission of an immoral offense by an employee performing educational functions (clause 8, part 1, article 81 of the Labor Code of the Russian Federation);
• repeated failure to comply labor responsibilities without good reason (clause 5, part 1, article 81 of the Labor Code of the Russian Federation);
• single gross violation of labor duties - absenteeism, and draw up an act in case of refusal (Part 4 of Article 192 of the Labor Code of the Russian Federation, Part 1 of Article 193 of the Labor Code of the Russian Federation).

  It is unprofitable to delay an official investigation: the period allotted for applying disciplinary measures is limited and amounts to only one month from the date of discovery of the misconduct. Time that the guilty employee or on sick leave, they are not taken into account (Part 3 of Article 193 of the Labor Code of the Russian Federation). If we are talking about a corruption violation, the period increases to three years, and for offenses discovered as a result of an audit or inspection - up to two years from the date of completion of the inspection activities.

  Penalties must be applied even to notorious violators of discipline very carefully, in compliance with the requirements of the Labor Code of the Russian Federation. You cannot fine someone for being late, fire them for minor offenses, or reprimand an employee twice for the same incident. Be sure to request an explanatory note and conduct an internal investigation so that the prosecutor, inspector or court does not consider the punishment unreasonable.