Disciplinary action. Types of disciplinary action. How long can a disciplinary sanction be imposed?

Management has the right to impose disciplinary sanctions on an employee for failure to comply with disciplinary responsibility.

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The management has the right to impose disciplinary sanctions on the employee for non-compliance with them

Disciplinary action - the punishment imposed on the employee in connection with his violation of labor discipline.

Types of disciplinary action:

Remark - done orally;
Reprimand - condemnation of the employee's unlawful behavior (without entering in the work book, personal file);
Dismissal on appropriate grounds - it can be recognized as lawful, in accordance with the current legislation, under three simultaneous conditions: the grounds for dismissal are provided for by the current legislation and correspond to the actual circumstances; the procedure for dismissal is observed and corresponds to a specially provided basis; the employment contract has been terminated.

Only one disciplinary penalty may be applied for each disciplinary offense. For certain categories of employees, federal laws, statutes and discipline regulations may provide for other types of punishment. But it should be remembered that disciplinary actions can only be imposed in accordance with the law. There is no list in the labor legislation, therefore, it is up to the head of the company to punish the employee or not, taking into account the employee's explanations.

An employee can appeal the disciplinary sanction in court if the labor duties assigned to him are not enshrined in the employment contract.

The imposition of a disciplinary sanction is governed by Art. 193 of the Labor Code of the Russian Federation

Before imposing a disciplinary sanction, the violation of labor discipline must be documented. After that, the employee must write an explanatory note in which he needs to state the reasons for his behavior. The reasons are carefully analyzed by the management, and it is established whether they are valid or not. If an explanation is not provided after two working days, an act is drawn up signed by two or more witnesses. The manager who has such an act in his hands can impose a disciplinary penalty without explanation from the employee.

The disciplinary process must be followed strictly. If the disciplinary action is found to be unlawful, the employee may demand compensation for moral damage and the restoration of violated rights.

Information on penalties is not entered into the employee's work book and personal card of form No. T-2 (clause 5 of the Rules for maintaining and storing work books).

The absence of an employee at the workplace is recorded in the time sheet. For the time of absence, the employee is not paid wages. When it comes to non-performance of work duties, you will need proof of the employee's unsatisfactory performance - customer complaints, work plans and schedules, terms of reference, etc.

When all evidence of the employee's guilt has been collected, on disciplinary action... If the penalty is a remark or reprimand, then the order is issued in free form. If the employee is fired, then this is formalized by an order to terminate the employment contract with the employee in the unified form No. T-8 (approved by the Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). An order to impose a penalty in the form of a remark or a reprimand is announced to the employee against signature within three working days from the date of publication, not counting the time the employee is absent from work (Article 193 of the Labor Code of the Russian Federation). If the employee refuses to sign the order, an act is drawn up about this.

Terms of disciplinary action

It is possible to impose a disciplinary sanction on an employee no later than one month from the day the misconduct was discovered. This period is suspended only for the period of vacation, illness of the employee and taking into account the opinion of the representative body of employees.

"The penalty cannot be applied later than six months from the date of the misconduct. Based on the results of an audit, inspection of financial and economic activities or an audit, no later than two years from the date of its commission" (Article 193 of the Labor Code of the Russian Federation). This refers to those misdemeanors that are not detected immediately after the commission, but after some time (waste of the company's funds). And if the misconduct was discovered later than the specified period, the employee cannot be brought to justice. The six-month period does not include the time of the criminal proceedings.

The employer has the right to fire an employee if, for example, he brought a sick leave, confirming that he was sick five days out of ten missed, and the rest are not respectful. In this case, an explanatory note is required from the employee, on the basis of which the issue of dismissal is decided.

The date of the order to impose a disciplinary sanction will be the day when the management became aware that the employee was absent for no good reason, or a later date within the time limits specified in article 193 of the Labor Code of the Russian Federation.

Monetary compensation for vacation is paid to an employee, regardless of the reason for the dismissal. If an employee has several unused vacations left, then the employer must pay for all of them upon dismissal, no matter how long. But such an employee cannot take leave of leave before dismissal, since the employment contract with him is terminated on a guilty basis (Article 127 of the Labor Code of the Russian Federation).

Not all employees can be fired for disciplinary offenses, even if there are grounds for doing so. For some, there is a complicated procedure for terminating an employment contract (pregnant women, minors, etc.).

Removal of disciplinary sanction

An employee is deemed to have no penalty if he is not subject to a new penalty within one year from the date of the disciplinary penalty. (Article 194 of the Labor Code of the Russian Federation).

A disciplinary sanction can be removed from an employee earlier on the initiative of the administration, at the request of the employee himself, at the request of his immediate supervisor or a representative body of the labor collective (Article 194 of the Labor Code of the Russian Federation).

A request for the lifting of a disciplinary sanction can be expressed in a statement (if the employee himself asks), a memo (if the request comes from the immediate superior), or a petition from a representative body. If the head of the company agrees to early to remove the penalty from the employee, he puts a positive resolution on this document. After that, you need to prepare an order to lift the disciplinary sanction in free form.

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

comment;
rebuke;
dismissal on appropriate grounds.

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

Disciplinary sanctions not provided for by federal laws, statutes and discipline regulations are not allowed.

Prior to the application of disciplinary action, the employer must demand from the employee.

If the employee refuses to give the specified explanation, an appropriate act is drawn up.

An employee's refusal to provide an explanation is not an obstacle to the application of disciplinary action.

A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, 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, audit 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.

For each disciplinary offense, only one disciplinary action.

The employer's order (order) on the application of a disciplinary penalty is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (order), an appropriate act is drawn up.

The disciplinary sanction can be appealed by the employee to the state labor inspectorates or to the individual labor dispute resolution authorities.

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

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

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

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

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

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

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

Trade union bodies, in particular the trade union committee of the organization, are empowered to exercise control over the observance of labor legislation. In case of detection of facts of violation in the organization of labor legislation, local legal acts containing labor law, concealment of accidents at work, failure to comply with the terms of the collective agreement, agreement, the trade union committee has the right to demand from the employer to punish the guilty of this the head of the organization, its division or their deputies.

The employer, upon the application of the representative body of workers, usually the trade union committee, initiates disciplinary proceedings. It is characterized by the same stages as when detecting a violation of the internal labor schedule by an employee, which were described above. If the guilt of managers or their deputies in violation of labor law is established, then the employer is obliged to apply to them "disciplinary action up to dismissal" (part 2 of article 195 of the Labor Code of the Russian Federation).

The employer informs the applicant (trade union committee) of the results of disciplinary proceedings. The deadline for a response is not specified in labor legislation. However, the time that the legislator establishes for the application of a disciplinary sanction to an HF should be read. 3, 4 Art. 193 of the Labor Code of the Russian Federation. Usually this is one month, and according to the results of an audit, inspection of financial and economic activities or an audit, two goals from the date of the disciplinary offense. If, due to the circumstances specified in the statement of the trade union committee, a criminal case is initiated against the head or his deputy, then the period for reporting to the trade union organizations is extended for the duration of the proceedings on the head case.

The procedure for the application of disciplinary sanctions

Procedure for the application of a disciplinary sanction in the Labor Code of the Russian Federation is not regulated in detail. This often leads to a violation of the employee's labor rights and freedoms.

Disciplinary proceedings as a legal relationship

Disciplinary proceedings are always a legal relationship, the main subjects of which are the employer and the employee. The content of a legal relationship is considered to be the rights and obligations of its parties. In the current labor legislation, the legal status of the employer is mainly enshrined. The analysis of disciplinary proceedings reveals a certain set of rights of an employee who, in the opinion of the manager, violated the rules of the internal labor schedule. An employee is a subject of legal relations with full rights within the scope of disciplinary proceedings. He has the right to familiarize himself with all the materials according to which he is accused of unlawful labor behavior, to give his assessment of the content of the materials presented to him, to demand the provision of new materials. In complex disciplinary proceedings, an employee may demand an audit, an audit of financial and economic activities or, if based on its results, it is possible to resolve the issue of his guilt or innocence. The current legislation does not prohibit an employee from engaging in disciplinary proceedings as consultants specialists, a representative of a trade union organization.

In this part, labor legislation still needs further improvement. Specification of disciplinary proceedings is possible in bylaws, local regulatory legal acts. This practice is typical, for example, for budget organizations. Ministries and departments develop and approve the procedure for conducting an official audit and applying disciplinary sanctions to civil servants of their subordinate organizations. Such regulatory legal acts establish a detailed procedure for conducting official inspections and applying disciplinary sanctions to civil servants, the composition of the commission entrusted with the inspection, its powers and registration of the results of the inspection. In the subordinate local normative legal acts, a section is specially highlighted in which the rights of the employee, in respect of whom the inspection is being carried out, are enshrined: to give oral and written explanations, to submit petitions, to get acquainted with the documents during the inspection, to appeal the decisions and actions of the commission that conducts the inspection.

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

Stages of disciplinary proceedings

Disciplinary proceedings include several stages.

First, before the application of a disciplinary sanction, the manager invites the employee to give a written explanation of the circumstances that indicate a violation of the organization's internal regulations. If the employee refuses to provide the employer with an explanation in writing, a corresponding act is drawn up after two working days. This document must contain the following details: place and date of drawing up the document; surname, name, patronymic, position of the originator and employee, a brief description of the alleged violation of labor discipline; an offer to the employee to give an explanation and his refusal is actual or by default; an explanation of what exactly the employee's failure to fulfill his job duties was manifested in.

Secondly, the employer (his authorized representative - the head of the personnel department, the deputy director for personnel) will demand from the employee's immediate manager the necessary documents confirming the violation of labor discipline by the employee, a hundred opinion on the choice of a certain (necessary in the circumstances) disciplinary measure for the offender.

Thirdly, evaluating the materials collected on the fact of violation of the internal labor regulations, the employer decides on the employee's guilt, that is, on the commission of a disciplinary offense.

Fourth, before imposing a disciplinary sanction, the employer takes into account the severity of the offense, the circumstances mitigating the employee's guilt.

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

This stage ends with the adoption of an appropriate decision to punish the employee or, at the discretion of the employer, to leave the collected materials without movement. In practice, in the latter case, no procedural act is issued by the employer. The employer acts in the same way if there is a slight violation of labor discipline or insufficient materials for its establishment. In the latter case, the employee's right to protect "his labor rights and freedoms" (Article 2 of the Labor Code of the Russian Federation) is obviously violated, since the employee cannot protect his good name, honor and dignity. You can only appeal the appropriate order of the employer, and not a negative opinion created in the course of the investigation about the possible unfairness of the employee.

Sixth, the employer chooses a disciplinary measure and issues an appropriate order. An order (order) on the application of a disciplinary measure 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 order (instruction) against signature, then the authorized representative of the employer draws up an appropriate act (part 6 of article 193 of the Labor Code of the Russian Federation). The details of the act are similar to those set forth for the act of refusal to give an explanation for the fact of violation of the internal labor regulations.

Disciplinary proceedings are characterized by certain procedural terms: one month and six months. Disciplinary action is not applied if more than one month has passed since the day the offense was discovered. The monthly period does not include the time of illness of the employee, his being on vacation, as well as the time required to take into account the opinion of the representative body of employees, if it is required in accordance with the law (part 2 of article 82 of the Labor Code of the Russian Federation).

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

The specified time limits do not include the time of criminal proceedings (part 4 of article 193 of the Labor Code of the Russian Federation).

Disciplinary proceedings are characterized by the rule that only one disciplinary sanction may be imposed on an employee for the same disciplinary offense.

This does not exclude the application of administrative or criminal measures to the employee. An offender of internal labor regulations may also be subject to disciplinary action, as deprivation of a bonus is not considered a disciplinary sanction.

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

Removal of disciplinary sanction

From a legal point of view, disciplinary action is usually always a lasting state, limited to a certain period within the framework of an employment relationship. If, within a year from the date of application of the disciplinary sanction, the employee has not committed a new violation of the internal labor regulations, then his state of punishment is terminated, and the violator, in accordance with Part 1 of Art. 194 of the Labor Code of the Russian Federation "is considered to have no disciplinary penalty."

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

The state of punishment testifies to a continuing systematic educational impact, which can be effective in organizing the proper registration of violators of the internal labor schedule and control over their labor behavior. At medium and large enterprises, the employer can assign these responsibilities to the direct managers of the labor process, who maintain special registers for recording violations and violators of the internal labor schedule in the production teams subordinate to them.

In any enterprise, if any of the employees are noticed violations of labor discipline, disciplinary sanctions may be applied to him.

At the same time, the main feature of their application is that the current legislation clearly regulates the procedure and the possibility of applying this type of punishment in relation to the offender, and this concerns not only what types of penalties can be used, but also the timing of their application in relation to one or to another employee, after which they become impossible.

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That is why it is important for the manager to take into account the period for imposing a disciplinary sanction and in the future to act in accordance with the period of its validity.

Kinds

In accordance with the current norms of the Labor Code, several types of sanctions are considered that can be used in the presence of a violation of labor discipline, regardless of the scope of the enterprise, and these are:

rebuke;
comment;
dismissal.

Article 192 of the Labor Code states that in relation to certain categories of workers, it is also provided for the possibility of applying other types of sanctions, which are regulated not only by current legislation, but also by the rules of the formalized charter, regulations and other normative acts of a particular enterprise.

Thus, for example, employees of the Ministry of Internal Affairs or the army may be subject to the following types of additional penalties:

warning about incomplete compliance with the position held;
severe reprimand;
demotion or transfer to a lower position.

And this is not a complete list of possible sanctions, so it is best to familiarize yourself with the norms of Federal Law No. 342-FZ to make the right decision.

The duration of the disciplinary sanction according to the Labor Code of the Russian Federation

The duration of the disciplinary sanction is regulated in accordance with article 194 of the current Labor Code. If an employee who was previously brought to disciplinary liability during the next year did not use additional types of penalties, then the previous one is completely removed from him.

It is worth noting that the manager in this case does not have to sign any documents or deal with the execution of orders - the withdrawal is carried out absolutely automatically, that is, the personnel department employees will not have to carry out any unnecessary procedures. Thus, the total duration of the disciplinary action for all activities is one year.

It should be noted that the situation is somewhat different with dismissal. In order to bring a certain employee to disciplinary responsibility, you need to make an appropriate entry in his personal file with the parallel execution of an order, the effect of which applies to the internal work of a particular company.

If a person is completely dismissed from his position, the corresponding entry must be made in his work book, since they will be used as the main document in this procedure, and subsequently the entry will remain there even after the expiration of the imposed penalty.

For this reason, there has recently been a fairly widespread practice that immediately after the termination of a certain type of disciplinary sanction, people immediately turn to the labor commission in order to correct the entries in the work book, which is associated with another important nuance: after dismissal, they automatically stop any employment relationship with this employee and, accordingly, any disciplinary liability is completely removed. For this reason, in principle, any period of validity of the dismissal sanction cannot be taken into account, therefore, in each individual situation, the law can be interpreted differently, which often provokes the emergence of many disputes.

If we talk about those types of collection that are provided not by the Labor Code, but by other regulations, their validity period and the procedure for use are established on an individual basis and there is no specific period in this case.

Employer's rights

In accordance with the norms of the current, the employer is assigned the right, at will, to remove a disciplinary sanction from an employee even before the specified period expires, and this happens for the following reasons:

the employer independently drew attention to any improvements in the performance of the labor duties of a particular employee, as a result of which he took the initiative to deprive him of the previously imposed penalty;
the employee himself asked the manager to remove the disciplinary sanction from him;
the employee's immediate supervisor has filed a formal petition to the higher management with a request to lift the disciplinary sanction;
the trade union made a demand to cancel the penalty.

The employer has the right to change the period of the applied disciplinary sanction only downward, that is, he cannot increase it. Such withdrawal is executed in accordance with the order of the head, which can be drawn up in any form, since the legislation does not provide for any unified form of drawing up such documents.

In this regard, almost every modern company has its own version of such orders, which are drawn up by employees of the personnel department, based on their own knowledge and experience.

What happens if the deadline is over

Throughout the entire duration of the imposed disciplinary sanction, even stricter measures are applied to the employee if any new violations are discovered. For example, in accordance with paragraph 5 of part 1 of article 81 of the Labor Code, one of the compelling grounds for the final dismissal of an employee is the improper performance by the latter of his duties in the presence of a disciplinary sanction already applied to him.

It should be noted that the employer has the right to independently decide whether it is worth using a more severe punishment against an employee who has already been disciplined, that is, he reserves the decision to use this right.

If he decides to apply it, then, as a result of the reprimand, the employee vacates his position, and otherwise he gets another chance, but at the same time a record of the repeated reprimand is recorded in his documents. Accordingly, the duration of the disciplinary action is updated, and the employee again has a year to confirm the suitability of the position.

Immediately after the disciplinary sanction is lifted, the right to the possibility of using more stringent measures in relation to this employee disappears, and in this case there is no difference whether it is removed ahead of schedule or automatically. But this does not mean that the employer will need to close his eyes to the violations committed earlier, and this may well be taken into account in the future in the process of choosing a suitable punishment.

For example, the next time, instead of the usual verbal remark, the employee may immediately receive a reprimand. However, all this, of course, refers exclusively to a subjective approach that does not comply with the norms of the current legislation and, therefore, can be challenged by the employee in court if the employer cannot substantiate his choice with some other motives.

In accordance with the general rules, the disciplinary sanction continues to operate for a year from the moment it was imposed, after which it is automatically removed from the employee. During the duration of the penalty, the employer can use it as a basis to increase the employee's liability in the event of further violations.

At the same time, it is worth noting the fact that if an employee changes his place of service, then in this case any penalties that were applied to him at his previous place of business will no longer be used by the new manager.

Paperwork

In accordance with the norms prescribed in the current Labor Code, the procedure for applying a disciplinary sanction in relation to an employee is as follows:

The employee commits a violation of labor discipline, as a result of which his immediate supervisor must provide the director of the company with a memorandum about this misconduct.
The employer requests an explanatory note from the employee, in which the latter must indicate his own point of view on the circumstances that have occurred due to the fault or with the direct participation of this employee with a mandatory explanation of the reasons for the incident.
An explanatory letter is provided to the head of the enterprise. If the employee refuses to draw up this document, a specialized act of refusal must be drawn up at the place of performance of his service.
The employer conducts a thorough analysis of the circumstances of the situation, and in some cases it is possible to involve a special commission that will consider this issue, conduct all kinds of audits and consultations with experts - the necessary measures are chosen depending on the nature of the recorded violation.
The manager establishes the degree of the employee's guilt, and also chooses the appropriate punishment: a reprimand, reprimand, or dismissal, after which a corresponding order is issued to impose a disciplinary sanction.
The employee reads the text of the order issued and puts his signature on it. If you refuse to sign, an additional act is drawn up.
The employee submits an application to remove the imposed penalty in any form from him. In addition to his request from the trade union committee or direct management, an additional request may be submitted with a similar request.
The disciplinary sanction is removed from the employee after one year or ahead of schedule if there is a corresponding decision of the head of the company.

Almost each of these stages has a regulated time frame, after which the documents drawn up cease to be valid, so it is important to take into account what the time frame for imposing a disciplinary sanction is and when they can be applied.

In accordance with the current legislation, they can be imposed within one month from the moment the corresponding violation by the employee was recorded, and this period does not include the time of illness or vacation of the offender. In any case, even taking into account the aforementioned terms, the deadline for the execution of a claim is six months from the moment of violation.

It is drawn up in free form, with the obligatory indication of all important circumstances of the debt.

Read more about the procedure for collecting losses by way of recourse under the Civil Code of the Russian Federation.

The duration of the disciplinary sanction limited, and as soon as it passes, the collection itself is considered lifted. What are the limitations in the law on the duration of a disciplinary sanction and how they affect the position of an employee in the company, you will learn from our article.

What a disciplinary action can be

The Labor Code of the Russian Federation establishes several types of sanctions that can be applied in any field of activity for violation of labor discipline. Here they are (according to the norms of Art. 192):

comment,
rebuke,
dismissal.

The same article states that other sanctions can be used for certain categories of employees, and they can be established not only by law, but also by charters, regulations and other regulations. So, for military personnel and employees of the internal affairs, such additional types of penalties apply as:

severe reprimand
incomplete service compliance warning,
transfer to a lower position (for a military man - a demotion).

A full list of possible sanctions for such categories of employees can be found in the Federal Law "On Service in the Internal Affairs Bodies of the Russian Federation" dated November 30, 2011 No. 342-FZ and the Disciplinary Charter of the RF Armed Forces, approved by the decree of the President of the Russian Federation dated November 10, 2007 No. 1495.

FROM the fate of the disciplinary action under the Labor Code of the Russian Federation is 1 year

The moment when you can forget about collection is spelled out in Art. 194 of the Labor Code of the Russian Federation. If there were no complaints about the employee who was brought to disciplinary responsibility during the year, the penalty gets the status of withdrawn; and this happens automatically, that is, the personnel officer does not need to perform any additional actions. In other words, the duration of the disciplinary sanction is 1 year.

Don't know your rights?

With dismissal, the situation is a little different. The fact is that when bringing to disciplinary liability, a record of this is usually made in the employee's personal file, and an order is issued that operates within the organization. Upon dismissal, a record on the application of a penalty is entered into the work book (it is the basis for dismissal) and in the future this remains there even after the disciplinary penalty is removed.

In this regard, the following practice has appeared: as soon as the collection ceases to be effective, a person applies to the labor dispute commission to change the entry in the labor. However, there is another nuance: dismissal terminates labor relations, which means disciplinary responsibility. Consequently, the term of the sanction in the form of dismissal as such does not seem to exist ... So there is room for different interpretations of the law and the emergence of disputes.

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

The employer's right to independently remove penalties

Norm h. 2 tbsp. 194 of the Labor Code of the Russian Federation allows the employer to remove the penalty from the offending employee before the deadline specified in the law. This can happen if:

the employer himself noticed improvements in the performance of work duties and took the initiative;
such a request was made by a staff member;
the immediate supervisor requested this;
such a requirement was made by the trade union.

It should be noted that the employer can only reduce the period during which the disciplinary sanction is in effect, but not increase it in any way. Such a removal of the penalty is drawn up by order, and there is no unified form here, therefore, in each company, the corresponding order is drawn up by a personnel officer only based on the experience and knowledge.

Consequences of the expiry of the term of the penalty

While the disciplinary sanction is in force, the commission of a new violation by an employee entails more serious consequences for him. For example, clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, one of the sufficient grounds for dismissing an employee considers his failure to fulfill his duties, provided that he has a valid disciplinary sanction. True, it is only the employer who decides whether to apply stricter measures to an employee who already has an effective penalty. He can use this right - and then, following the reprimand, the employee can be fired, or he can give the employee another chance by announcing a second reprimand. The term of the reprimand in this case will be counted from the moment of the announcement of the last penalty.

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

According to general rules, a disciplinary sanction is valid for a year after its imposition. After which it is automatically removed, although the manager can do this earlier. As long as the penalty is in effect, it may serve as a pretext for toughening liability for subsequent violations committed by the same employee. In this case, after the change of work, penalties issued at the previous place of business cannot be used by the new employer.

Any punishment, including disciplinary one, must be reasoned, 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 the internal regulations:
- violation of labor discipline,
- presence at work in alcohol or drug intoxication,
- 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 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 offenses. For example, when you are late for work, when absenteeism, etc .;
memorandum. It is drawn up by the head of the employee who has committed 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 commission's decision. 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 action, like any procedural action, is strictly regulated by the Labor Code (LC) of the Russian Federation. Violation of the rules 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, which are approved by the labor legislation of the Russian Federation (Article 192 of the Labor Code). Only these types can be used in labor relations, while 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. A remark is the mildest measure of influence, it is made orally. 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 milder types of 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 duty 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 existing grounds. The reason for disciplinary action 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 discipline violation:

being late for work;
failure to appear at the workplace without a valid 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 company's internal regulations, 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 can be imposed for one offense.

Disciplinary sanctions are general and special. General ones are used in all labor collectives, and special ones 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 benign measure of influence, and dismissal is the most extreme.

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 fixing 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, 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 offense (Article 193 of the Labor Code of the Russian Federation). A change or omission of any of the steps may make the imposition of a penalty illegal and entail its cancellation.

Stage # 1: the employer receives a signal about the 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 verification. 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 familiarization with 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 misdemeanor 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 to confirm the facts of imposition of penalties. Several such documents are a good reason for an 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 removed 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. The legal regulation of disciplinary sanctions in these structures is 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 imposing a penalty

Recovery is an official warning to the employee about the inadmissibility of his misdemeanors. Repeated violations lead to further penalties in the form of remarks and reprimands. The employer in such a case 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

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