disciplinary action. Types of disciplinary sanctions. When can a disciplinary sanction be imposed?

Management has the right to impose disciplinary sanctions on an employee for non-compliance with disciplinary responsibility.

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Management has the right to impose disciplinary sanctions on an employee for non-compliance with

Disciplinary action - the punishment imposed on the employee in connection with the violation by him labor discipline.

Types of disciplinary action:

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

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

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

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

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

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

Information about penalties is not entered in the employee's work book and personal card 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 charged wage. When it comes to non-compliance job duties, you will need evidence of unsatisfactory work of the employee - customer complaints, work plans and schedules, terms of reference etc.

When all the evidence of the employee's guilt is 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). The order to impose a penalty in the form of a remark or reprimand is announced to the employee against signature within three working days from the date of issue, 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

A disciplinary sanction may be imposed on an employee no later than one month from the date of discovery of the misconduct. 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, audit of financial and economic activities or audit- no later than two years from the date of its commission "(Article 193 of the Labor Code of the Russian Federation). This applies to those offenses that are not detected immediately after the commission, but after some time (wasting Money firms). And if the offense was discovered later than the specified period, the employee cannot be held liable. The six-month period does not include the time of criminal proceedings.

The employer has the right to dismiss an employee if, for example, he brought a sick leave, confirming that he was ill for 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 management became aware that the employee was absent for an unexcused reason, or a later date within the time limits specified in article 193 of the Labor Code of the Russian Federation.

Vacation pay is paid to an employee regardless of the reason for the dismissal. If an employee has several unused vacations, then the employer must pay all of them upon dismissal, whatever their duration. But such an employee cannot take a vacation 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 misconduct, even if there are grounds for this. For some, a complicated procedure for terminating an employment contract is provided (pregnant women, minors, etc.).

Removal of a disciplinary sanction

An employee is considered not to have disciplinary action if he is not subjected to a new disciplinary sanction within a year from the date of application of the disciplinary sanction. (Article 194 of the Labor Code of the Russian Federation).

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

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

comment;
rebuke;
dismissal for appropriate reasons.

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

It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

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

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

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

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

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary action.

The order (instruction) of the employer on the application of a disciplinary sanction 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 (instruction), an appropriate act is drawn up.

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

If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.

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

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

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

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

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

Bringing the manager to disciplinary responsibility organization, leader structural unit organizations, their deputies at the request of the representative body of employees 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 an 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 norms, concealment of accidents at work, non-fulfillment of the terms of the collective agreement, agreement, the trade union committee has the right to demand from the employer to punish the head of the organization, its division or their deputies guilty of this.

The employer, on the fact of 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 a violation of the internal work schedule employee as 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 and including dismissal" (part 2 of article 195 of the Labor Code of the Russian Federation).

The employer informs the applicant (trade union committee) about the results of disciplinary proceedings. The response time is not defined in the labor law. However, it should take into account the time that the legislator establishes for the application of a disciplinary sanction h. 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, audit of financial and economic activities or an audit - two goals from the day the disciplinary offense was committed. If, due to the circumstances indicated in the statement of the trade union committee, a criminal case has been initiated against the head or his deputy, then the period for reporting to the trade union bodies is extended for the duration of the proceedings on the main case.

The procedure for applying disciplinary sanctions

The procedure for applying a disciplinary sanction in the Labor Code of the Russian Federation is not regulated in detail. This often leads to disruption labor rights and freedom of the worker.

Disciplinary Proceedings as a Legal Relationship

Disciplinary proceedings are always a legal relationship, the main subjects of which are the employer and the employee. The content of a legal relationship is considered to be the rights and obligations of its parties. The current labor legislation establishes mainly legal status employer. An analysis of disciplinary proceedings makes it possible to identify a certain set of rights of an employee who, in the opinion of the manager, has violated the rules of internal labor regulations. An employee is a full-fledged subject of a legal relationship within the limits of disciplinary proceedings. He has the right to get acquainted 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 require 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 involving specialists, a representative of a trade union organization in disciplinary proceedings as consultants.

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

A single disciplinary relationship can be classified as a complex legal relationship. It consists of a number of elements characteristic of each stage. Elementary legal relations are discrete, that is, they are interrupted in time, they consist of certain parts. So, the right of the employee to make petitions, get acquainted with the documents, appeal against the actions of the representative of the employer or the commission conducting the inspection, corresponds to the corresponding obligation of the employer to consider a specific petition, provide the employee with the necessary documents for familiarization, consider the complaint filed by him. These legal relations may arise and terminate at each of the stages of disciplinary proceedings. It doesn't rule it out systemic, unity of rights and obligations of participants in disciplinary proceedings.

Stages of disciplinary proceedings

Disciplinary proceedings include several stages.

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

Secondly, the employer (his authorized representative - the head of the personnel department, deputy director for personnel) will require from the immediate supervisor of the employee Required documents, confirming the violation by the employee of labor discipline, one hundred opinions on the election of a certain (necessary in the circumstances) disciplinary measure to the violator.

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

Fourthly, before imposing a disciplinary sanction, the employer takes into account the severity of the offense committed, the circumstances extenuating 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 sanction to the violator of the internal labor regulations or limit himself to other means of educational influence. The effectiveness of a disciplinary sanction largely depends on this stage of disciplinary proceedings. To reduce it only to punishment, punishment is unjustified both from a theoretical and practical point of view. The educational role of this stage also depends on the personality of the worker, on the level of his vocational training, legal and moral culture. This is a rather complicated and responsible process for the employer. Sometimes a manager’s conversation is enough to correct the violator, and in some cases, the application of a disciplinary sanction 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 preparation 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. Similarly, the employer acts if a slight violation of labor discipline or insufficiency of materials for its establishment is revealed. In the latter case, the right of the employee 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 against the relevant order of the employer, and not the negative opinion created during the investigation about the possible dishonesty of the employee.

Sixthly, the employer chooses a measure of disciplinary action, issues an appropriate order. An order (instruction) 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 get acquainted 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 out for the act of refusal to give an explanation on the fact of violation of the internal labor regulations.

Disciplinary proceedings are characterized by certain procedural time limits: one month and six months. A disciplinary sanction shall not be applied if more than one month has passed from the day the misconduct 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 held disciplinary liable. When conducting an audit, audit of financial and economic activities or an audit, the period during which a disciplinary sanction is allowed is increased to two years.

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

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

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

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

Removal of a disciplinary sanction

Disciplinary action from a legal point of view is usually always a lasting condition, 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 not to have a disciplinary sanction."

Before the expiration of one year, the employer may remove a 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 violator of labor discipline himself. He, in accordance with Part 2 of Art. 194 of the Labor Code of the Russian Federation may apply with such a request to the head of the organization.

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

At any enterprise, if violations of labor discipline are noticed for any of the employees, 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 that 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 term for imposing a disciplinary sanction and further act in accordance with the term of its validity.

Kinds

In accordance with the current norms of the Labor Code, several types of sanctions are considered that can be used if there is a fact of 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 also provides for the possibility of applying other types of sanctions, which are regulated not only by the current legislation, but also by the rules of the 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 of incomplete compliance with the position held;
severe reprimand;
demotion or promotion 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.

Validity of a disciplinary sanction under 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 no additional types of punishment were applied to an employee who was previously brought to disciplinary responsibility during the next year, then in this case 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 does not have to carry out any unnecessary procedures. Thus, the total duration of disciplinary sanctions for all activities is one year.

At the same time, it should be noted that the situation with dismissal is somewhat different. In order to bring a certain employee to disciplinary responsibility, you need to make an appropriate entry in his personal file with a parallel execution of an order, which applies to inner work specific company.

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

For this reason, a fairly common practice has recently been observed 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 connected with another important nuance: after dismissal, they automatically stop any employment relationship with this employee and, accordingly, any disciplinary responsibility 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 many disputes.

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

Employer rights

In accordance with the norms of the current one, 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 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 direct supervisor of the employee has filed a formal petition to the higher management with a request to remove the disciplinary sanction;
the demand for the abolition of the penalty was issued by the trade union.

The employer has the right to change the term of the applied disciplinary sanction only in the direction of reduction, that is, he cannot increase it. Such a 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 for drawing up such documents.

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

What happens if the deadline is over

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

At the same time, it should be noted that the employer has the right to independently decide whether it is worth using a more severe punishment for an employee who has already been subjected to a disciplinary sanction, 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 a second reprimand is entered in his documents. Accordingly, the duration of the disciplinary sanction is updated, and the employee again has a year to confirm compliance with the position held.

Immediately after the removal of a disciplinary sanction, the right to use 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 at all that the employer will need to turn a blind eye to the violations committed earlier, and this may well be taken into account by him in the future in the process of choosing an appropriate punishment.

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

In accordance with the general rules, a disciplinary sanction continues to be in effect for a year from the moment it is imposed, after which it is automatically removed from the employee. While the penalty is in effect, the employer can use it as a basis to increase the liability of the employee 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 according to former place activities, the new leader will no longer be able to use.

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:

An 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 on 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 occurred through the fault or with the direct participation of this employee with an obligatory explanation of the reasons for the incident.
An explanatory note is provided to the head of the enterprise. If an employee refuses to issue 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, conducting all kinds of audit checks and consultations with experts - the necessary measures are selected depending on the nature of the recorded violation.
The manager establishes the degree of guilt of the employee, and also chooses the appropriate measure of punishment: a remark, a reprimand or dismissal, after which an appropriate order is issued to impose a disciplinary sanction.
The employee reads the text of the issued order and puts his signature on it. In case of refusal to sign, an additional act is drawn up.
The employee submits an application to remove the imposed penalty from him in any form. In addition to his request from the trade union committee or direct management, an additional petition with a similar request may be submitted.
A 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 regulated deadlines, after which the drawn up documents cease to be valid, therefore it is important to consider what terms for imposing a disciplinary sanction are expected 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 was recorded on the part of the employee, and this period does not include the time of illness or vacation of the violator. In any case, even taking into account the above terms, the deadline for issuing a penalty is six months from the date of violation.

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

Read more about the procedure for recovering losses in the order of recourse under the Civil Code of the Russian Federation.

Duration of disciplinary actionis limited, and as soon as it passes, the penalty itself is considered removed. What the law has limits 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 is the disciplinary action

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 normative acts. So, for military personnel and employees of internal affairs, there are such additional types of penalties as:

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

A complete 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 Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation dated November 10, 2007 No. 1495.

FROM the term of a disciplinary sanction under the Labor Code of the Russian Federation is 1 year

The moment when you can forget about the recovery is spelled out in Art. 194 of the Labor Code of the Russian Federation. If there were no complaints against the employee who was brought to disciplinary responsibility during the year, the penalty receives the status of withdrawn; moreover, this happens automatically, i.e., 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 layoffs, the situation is a little different. The fact is that when bringing to disciplinary responsibility, an entry about this is usually made in the employee’s personal file, and an order is issued that operates within the organization. Upon dismissal, a record of the application of the sanction is entered in the work book (it is the basis for the dismissal) and in the future this remains there even after the disciplinary sanction is removed.

In this regard, the following practice has appeared: as soon as the penalty ceases to have effect, the person applies to the commission for labor disputes to change the entry in the labor. However, there is one more nuance here: with the dismissal, labor relations are terminated, and hence disciplinary responsibility. Consequently, there seems to be no expiration date for the sanction in the form of dismissal as such... So there is room for different interpretations of the norms of the law and the emergence of disputes.

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

Employer's right to independently withdraw penalties

Norm, Part 2, Art. 194 of the Labor Code of the Russian Federation allows the employer to remove the penalty from the offending employee before the deadline specified in the law. This may happen if:

the employer himself noticed improvements in the performance of labor duties and took the initiative;
such a request was made by an employee;
this was requested by the immediate supervisor;
the demand was made by the trade union.

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

Consequences of expiration

While the disciplinary sanction is in effect, the commission of a new violation by an employee entails more severe consequences for him. For example, paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, one of the sufficient grounds for dismissal of an employee is his failure to fulfill his duties, provided that he has a valid disciplinary sanction. True, it is up to the employer to decide whether to apply more stringent measures to an employee who already has a valid penalty. He can use this right - and then, after the reprimand, the employee can be fired, or he can give the employee another chance by declaring a second reprimand. The period of validity of the reprimand in this case will be counted from the moment the last penalty was announced.

As soon as the penalty is lifted (at least automatically, at least 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 remark, 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.

By general rules disciplinary sanction is valid for a year after its issuance. After that, it is automatically removed, although the manager can do this earlier. As long as the disciplinary action is in effect, it may serve as a reason to increase liability for subsequent violations committed by the same employee. At the same time, after the change of work, the penalties issued at the previous place of activity cannot be used by the new employer.

Any punishment, including disciplinary punishment, 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 on the part of the employee. Let us further consider what types of disciplinary sanctions exist and how the imposition of punishment should be legally correct.

Disciplinary sanction 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. A charge may 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 trade secret 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 is worth noting 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 prescribed in the employment contract concluded between him and the employer. Familiarization with this document is a priority for employment.

Curious facts

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

Disciplinary measures can be applied only in the case of proven guilt of the employee and documentary fixation of the fact of violation. For example, if an employee did not go to work for an unexcused reason, and absenteeism was not marked on his working time record card, then it will not be possible to apply any penalties to him.

You can record a disciplinary violation with the following documents:

act. It is compiled mainly in case of violations of a disciplinary nature. For example, when being late for work, when absenteeism, etc.;
report note. It is issued by the head of the offending employee regarding non-fulfillment or poor-quality performance of official duties, in case of violation of reporting, etc.;
minutes of the committee's decision. This document is drawn up, for example, in the event of material damage to the company.

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

The term of a disciplinary sanction is one year, and if during this time the employee does not receive a new disciplinary sanction, then he will be considered as having no disciplinary sanction.

Terminology of disciplinary sanction 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 norms and procedure for imposing a penalty may lead to an appeal against its application and recognition as invalid.

The disciplinary sanction 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 fault of the employee;
the objective side is the relationship between the fault of the offending employee and the consequences.

Types of disciplinary responsibility of employees

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 used for labor relations others will be illegal.

Types of charges:

comment,
rebuke,
dismissal.

The list is modeled in order of increasing severity of punishment for the violations committed. Remark - the mildest measure of influence, is issued orally. The reprimand is also announced orally, but has more serious consequences.

If an employee has several reprimands, he can be fired legally. Dismissal, as a measure of disciplinary sanction, is applied in case of repeated violations for which the employee was previously given more lenient types of punishment.

Only one penalty may be applied per violation. Let's give an example: the employee did not complete the work within the specified time. If the employer reprimanded the employee for this, then he has no right to announce an additional reprimand.

Disciplinary responsibility is the obligation of an employee to incur a penalty in accordance with labor legislation when committing unlawful acts.

Reasons for imposing a penalty

The penalty may be imposed by the employer on the employee, if there are grounds for that. The reason for a disciplinary sanction is the commission of a disciplinary offense (Article 189 of the Labor Code of the Russian Federation).

What exactly falls under the wording of a violation of discipline:

being late for work;
non-attendance at workplace without a good reason (truancy);
being at the workplace in a state of alcoholic or drug intoxication;
violation of safety regulations;
disclosure of trade secrets;
non-fulfillment or poor-quality performance of official duties prescribed in the employment contract;
non-compliance with the rules and regulations 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 be the basis for applying punishment. For one misdemeanor, only one disciplinary sanction may be imposed.

Disciplinary sanctions are general and special. General apply 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 a penalty, the employer needs to back up and draw up an order “to remove the penalty”, and the employee needs to familiarize himself with it and put his signature. The organization can draw up the form of the order on its own.

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

comment,
rebuke,
dismissal.

A remark is the most sparing measure of influence, and dismissal is an extreme one.

Terms for imposing a disciplinary sanction under the Labor Code of the Russian Federation

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

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 unlawful and result in its cancellation.

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

This signal must be in writing. This may be an act, report, memorandum or protocol of the decision of the commission after any verification. Any of the listed documents must contain a description of the violation committed. The date the employer received the signal is the date the disciplinary case was opened.

Curious information

In the event of a dispute, the employer's requirement 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 penalty may be canceled.

Stage No. 2: presenting a written request to the employee for an explanation of the act committed.

After reading this requirement, the employee must put his signature.

Step 3: Explanation by the employee of the event.

The form of presentation is an explanatory note. It must contain a description of the reasons that led to the violation. Reasons can be both valid and 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 labor activity, execution 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. This act must be signed by the employer (or representative of the employer) and 2 witnesses.

Stage 4: Imposition of a disciplinary sanction.

If the employer recognizes the cause of the misconduct on the part of the employee as disrespectful, then he has the right to apply one of the disciplinary measures. Such a decision is made by issuing an order. This document must contain the following points:

order number and date of issue;
the basis for drawing up the document is the wording that a certain disciplinary sanction has been applied to a particular 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 the imposition of penalties. Several such documents are a good reason for the employer to take an extreme measure of disciplinary action - 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 employee must be waived the penalty. At the request of the employer, it can be removed 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 number 5: familiarization of the employee with the issued order.

This must be done by employees 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 that fixes the refusal.

Alternative disciplinary measures

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 bodies. Legal regulation disciplinary sanctions in these structures are carried out, respectively, by the Charter "On the Armed Forces of Russia" and 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 penalties:

demotion;
disciplinary arrest;
deprivation of a leave of absence;
expulsion (if we are talking about military training, courses, educational institutions);
appointment of a work order out of turn, etc.

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

Consequences of imposing a penalty

The penalty is an official warning to the employee about the inadmissibility of misconduct committed by him. Repeated violations lead to regular penalties in the form of comments and reprimands. In such a case, the employer has the right to dismiss the employee for legal basis with the appropriate wording.

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

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

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