Labor Code remark. What types of disciplinary action can be taken against employees? The most severe punishment

Disciplinary actionprovided by the legislator as a measure of responsibility for violation of the organization's labor regulations. When applieddisciplinary action all requirements of labor legislation must be taken into account. How to apply correctlydisciplinary action e byLabor Code of the Russian Federation you will learn from our article.

When can disciplinary action be taken?

Providing for incentives for conscientious performance of work, the legislator simultaneously introduces norms that regulate the issues of punishing irresponsible employees.

Disciplinary action can be imposed on an employee only if the latter has committed a disciplinary offense.

That is, if the employee does not perform (improperly performs) his duties, then disciplinary action can't be avoided.

Specifically, offenses include:

the absence of an employee at the workplace without reason for more than 4 hours in a row (absenteeism);
non-fulfillment of official duties stipulated by the employment contract or job description;
the employee's refusal to perform the actions provided for by law, the employment contract, job description or internal acts of the organization with which the employee was familiarized (for example, refusal to undergo a mandatory medical examination, refusal to wear overalls).

However, special federal laws may provide that disciplinary action is imposed on an employee not only for committing an offense that violates labor discipline. For example, the law of January 17, 1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation" establishes that an employee can receive disciplinary action in case of committing offenses that may discredit the honor and dignity of a prosecutor's worker.

Disciplinary Actionand I divided into general and special.

To general disciplinary action include the following:

comment;
rebuke;
dismissal.

Special disciplinary action are provided for by regulations or laws on certain types of service (employees) in the Russian Federation. But the legislator clearly limits the employer: the application disciplinary action that are not specified in federal law, discipline regulations, or statutes are not allowed. Otherwise, the employer may be held administratively liable for imposing "extra" disciplinary action under Art. 5.27 of the Code of Administrative Offenses. For one disciplinary offense, only one disciplinary action. For example, if an employee appeared at work in a state of intoxication, and the employer reprimanded him for this offense, then dismiss the employee in accordance with subpara. "b" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation for the same misconduct, he no longer has the right.

Disciplinary responsibility is an independent type of responsibility. Accordingly, in order to attract to it, it is necessary to have an offense in the form of a subject, object, subjective and objective sides.

The subject in this case will be a citizen who is in labor relations with a particular organization and violates labor discipline.

The subjective side is the fault of the employee in the committed misconduct.

The object is the work schedule of the organization.

The objective side is the violation itself and the connection between the actions of the employee and the consequences.

The result of bringing to disciplinary responsibility is the imposition disciplinary action. In this case, the employer personally decides whether he will impose disciplinary action because it is his right. Such a conclusion can be drawn from the analysis of the norms of labor legislation. But if he nevertheless decides to punish the employee, then deviation from the requirements of the law is unacceptable.

The procedure for imposing a disciplinary sanction

Disciplinary action may be imposed on an employee no later than 1 month from the day when the employer recorded a case of violation of labor discipline. But this time period does not include:

Don't know your rights?

days when the employee was on sick leave;
vacation;
the time spent on coordination with the representative body (trade union).

It should be remembered that any disciplinary action cannot be imposed:

after 6 months from the day when the disciplinary offense was committed;
after 2 years from the date of the commission of the misconduct, which was revealed as a result of a financial, audit or audit.

These terms will not include the period of time during which the criminal proceedings were ongoing.

The procedure for applying disciplinary sanctions next.

Order for disciplinary action

Download order

Imposing order disciplinary action can be issued only in cases where the guilt of the employee is fully proven.

If an employee is subject to disciplinary action in the form of a reprimand or remark, then disciplinary order compiled in a random way.

After the issuance of the imposition order disciplinary action the employee must be familiarized with it within 3 days. If he refuses to familiarize himself, then an appropriate act must be drawn up about this. Disciplinary action will be imposed anyway. This period of time does not include the period when the employee was absent from work.

If the employer does not comply with this deadline, the employee has the right to appeal the imposition disciplinary action.

Recording a violation of labor discipline by an employee in the form of a punishment order is necessary for the employer. After all, if there are several outstanding disciplinary action an employee may be dismissed under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation (an employee repeatedly fails to perform official duties without serious grounds, while having disciplinary action).

Sample letter of disciplinary action

Imposing order disciplinary action printed on the letterhead of the organization and registered in a special journal.

09.03.2017 Yekaterinburg

In connection with the improper performance by the storekeeper Viktor Petrovich Nesterov of the labor duties assigned to him by the employment contract No. 5 dated 09/01/2005 and the storekeeper's job description dated 08/06/2004, expressed in the lack of control over the preparation of shipped products, which led to a failure to deliver the goods to the customer,

P R I C A Z Y V A YU:

reprimand the storekeeper Viktor Petrovich Nesterov.

Base:

Memorandum of the Deputy Head for the administrative and economic part Skvortsov O. V. dated 03/01/2017.
Act on the commission of a disciplinary offense by an employee No. 45 of 03/05/2017.
Explanations of the employee dated 03/02/2017.

Director of Horns and Hooves LLC ________________ Strelkov I.P.

How is a disciplinary sanction removed?

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Any disciplinary responsibility is of a continuing nature, but within the framework of labor relations between specific persons. That is why the legislator clearly established that if an employee within 1 year from the date of receipt of the previous disciplinary action did not receive another one, he will be considered exempt from disciplinary responsibility.

The Labor Code states that disciplinary action removed from the employee earlier in the following cases:

at the request of the employer;
at the request of the employee;
at the request of the manager;
at the request of a representative body (for example, a trade union).

Exemption from disciplinary action earlier than the established deadline is issued, as a rule, by the appropriate order.

Though disciplinary action - this is one of the types of punishment on the part of the employer, it can be completely avoided by observing labor discipline. Please note that if there are several outstanding disciplinary action you may well be fired under article 81 of the Labor Code.

The actions of employees who improperly perform their direct duties or simply evade them are defined as a disciplinary offense and bear appropriate consequences. Article 192 of the Russian Federation regulates the procedure for imposing liability and the disciplinary sanctions provided for in this case.

Limits of disciplinary offense

A disciplinary offense is the failure to perform or improper performance of those that are directly related to the implementation of activities. Article 192 of the Labor Code of the Russian Federation defines that this includes violation of established norms of labor legislation, non-compliance with job descriptions, terms of an employment contract (TD), etc.

The judicial procedure involves the participation of all interested parties in it with the provision by the management of the organization / enterprise of evidence of the fact of a disciplinary violation, including its negative consequences.

Criteria for determining a disciplinary offense:

Action / inaction of the employee,
The presence of guilt
The place where the offense was committed.

Confirmation of misconduct

The employer must indicate to the court all available facts confirming that the subordinate committed an unlawful act. These may be systematic delays, failure to appear or leave the workplace without good reason, refusal to fulfill their obligations, evasion of a medical examination, and any other actions that contradict the law.

Along with the proof of the existence of the very fact of the misconduct, the guilt of the subordinate must also be proved. In normative acts, the criteria of guilt are not defined - a person is either guilty or not. At the hearing of the case, it is only taken into account whether the guilty act was carried out intentionally or through negligence.

It should be noted that the act will not be considered guilty if the subordinate refuses to perform work that is not provided for by the TD, or those for which the subordinate must give his consent. For example, this is a refusal to do their job due to non-payment of wages, a refusal to work overtime, etc.

Actions that were committed due to force majeure are also not considered guilty. For example, if a tree falls on a company car during a storm, the driver will not be responsible for it. Failure to appear or being late for work due to weather conditions, paralyzed traffic, etc. will also not incur any disciplinary responsibility, since the reasons for such actions are considered valid.

On the basis of the facts provided and in the study of all the circumstances accompanying a disciplinary offense, the court makes a decision that is the only correct one for each individual case. At the same time, if the claim is satisfied, the court can cancel the applied penalty, but not impose another one, since this is the prerogative of the director of the organization / enterprise only.

At its core, Article 192 of the Labor Code of the Russian Federation does not contradict the Constitution, therefore the application of disciplinary sanctions cannot be regarded as a violation of constitutional human rights.

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In cases where the labor obligation is violated by the employee, disciplinary sanctions are applied to him. They are defined by article 192 of the Labor Code of Russia (hereinafter referred to as the Labor Code of the Russian Federation). The determination of liability measures for negligent employees rests with the employer.

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You need to know how documents are properly drawn up when connecting such types of punishment as a disciplinary sanction.

What it is

A disciplinary sanction is a specific type of punishment applied to an employee if he violates the terms of a labor or collective agreement. Violating the labor contract, the subordinate abuses his powers, does not fulfill his duties, misses deadlines, and more.

Violations under the collective agreement are cases when employees circumvent the rules, work schedule, discipline in the workplace, and other things related to a comfortable life in a team.

Cases when Article 192 of the Labor Code of the Russian Federation comes into force - the procedure for applying disciplinary sanctions:

ignoring the performance of duties;
poor quality work;
missed deadlines;
violation of labor discipline (being late for work, going home early, etc.)

Familiarization with the rules, how to behave at work, what and how to obey, is provided for study when applying for a job. In addition, a person may be given to familiarize himself with the rules also during the transfer from one position to another, one unit to another.

This also includes cases of making significant changes to the collective agreement or in connection with updates, the creation of other key documents for the enterprise that affect the staff.

Legislation

The structure of the article of the Labor Code of the Russian Federation involves the definition of what a disciplinary sanction is, as well as the types and magnitude of penalties for violation of labor regulations or the terms of an employment agreement.

But in addition to Article 192 of the Labor Code of the Russian Federation, disciplinary sanctions expressed in other versions of punishments can be put into practice on the basis of federal or regional laws.

For example, this may apply to such areas of activity as various regular military formations - penalties are applied according to the charter of a military institution.

If the employer allows dismissals in cases that do not relate to disciplinary (or other) violations prescribed by law, then this is already considered illegal actions.

These actions of the employer will be considered under Article 286 of the Criminal Code of the Russian Federation as abuse of office.

On the issue of the limitation period, there is a rule also determined on the basis of Art. 192 of the Labor Code of the Russian Federation. It states that all cases of violation by the worker of their own duties, the terms of the labor or collective agreement, should be considered as soon as possible.

The term for the implementation of a disciplinary sanction is no longer than 1 month. The countdown is carried out from the moment the illegal acts of the employee are discovered.

When determining the statute of limitations, there are some peculiarities:

The period of illness is not taken into account.
Legal leave is ignored.
Holidays and weekends do not count.

But there are some legal controversies in this matter. They are legally acceptable. Therefore, in order to effectively determine the maximum statute of limitations, it is customary to take 6 months.

It is this period that is often given by the courts to settle all the subtleties and nuances of the case. There are other dates for special occasions.

It turns out that the longest statute of limitations should not exceed:

1 month - for the introduction into practice of the collection itself;
six months - under circumstances that are difficult to investigate;
2 years - for violators, financially responsible officials.

The law also distributes penalties according to the offenses committed. This means that one disciplinary responsibility applies to only one violation.

But if the violations caused consequences of a different nature, then it is permissible to apply different types of punishments. But the same punishment can be applied repeatedly if the violations continue.

Kinds

In parts 1-2 of Art. 192, the list of applicable penalties includes the following types of penalties:

Pronunciation can be divided into types:

ordinary (without monetary penalties);
strict (with the use of a deduction from the salary of administrative fines).

Examples of additional liability measures determined by federal laws and other legal acts:

suspension from the right to hold office for 1 month;
money penalty;
additional workload (especially to correct the consequences);
otherwise.

Suspended from work for a month, usually in cases where it is necessary to analyze the case in detail. But even when the guilt of the suspect is proven, it is impossible to deprive him of earnings for the overdue period.

The employer does not care, he is obliged to pay the minimum rate, even if the violator has not worked for a month. This is envisaged for the reason that the initiative to remove from work did not come from the worker, but from his superiors.

Foundations

The following offenses are grounds for imposing disciplinary sanctions:

single delays;
non-compliance with labor standards established in the workplace;
absence from briefings;
ignoring mandatory inspections, inspections of workplaces;
failure to meet deadlines;
refusal to comply with orders, orders of the immediate supervisor, which affect the immediate job duties of the employee;
failure to provide the documents necessary for official employment.

But there are also gross violations (described in Article 81 of the Labor Code of the Russian Federation, paragraphs 5-6):

regular misconduct;
lack of valid reasons;
absenteeism (over 4 hours of working time);
appearing drunk;
drinking alcohol (use of another intoxicating substance) at the workplace;
disclosure of commercial (other) secrets;
intentional theft or damage to the property of the enterprise and other cases.

It is also necessary to say about the circumstances that may become mitigating for the offending employee.

When the employer selects the type and amount of punishment, he takes into account:

the quality of the performance of duties by the employee in the recent past (one month before the detected violation);
the presence of force majeure situations (force majeure);
general characteristics of the subordinate;
the severity of the consequences that arose after the violations committed.

Rules for compiling a document

We propose to consider several examples of documentation that appear when issuing a disciplinary sanction against employees who have committed gross or moderate violations.

Sample explanatory note:

A sample act drawn up in cases where the employee does not agree with the charges:

How to issue

The procedure for issuing a disciplinary sanction:

Calling an employee to the director, or the head of the department, subdivision.
Obtaining explanations from the offending employee, finding out the reasons for his act, etc.
The employee must write an explanatory note.
In case of refusal to submit an explanatory document, the employer draws up an act of disobedience.
A sentencing order is issued. Deadline - no later than 3 days in working mode.
The worker must sign the order.
In case of refusal to sign the order, it also draws up an act of disagreement.

This is where the order comes into play:

The employee is given another 2-3 days to think.
Then an act is drawn up on the refusal to explain what happened, the violation.
He must sign the act.
If the act is not signed by the employee, then the penalty is imposed on his responsibility anyway.

According to Article 192 of the Labor Code of the Russian Federation, in cases where an employee refuses to explain the reasons for the misconduct, the employee’s opinion will no longer be taken into account. Therefore, the employer has every right to determine the measure of a financial penalty or punishment of a different type.

Each employee, employee, who violated discipline at work, may be punished by the employer. He may be reprimanded, fined, or removed from office for a short time. But the violator also has the right to appeal the decision of the employer.

To do this, all such employees are given time to appeal - 3 months. But first they turn to the GIT (State Labor Inspectorate), and if nothing works out, then only to the judicial authorities.

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

From the article you will learn:

By signing an employment contract, the employee undertakes to comply with production discipline, in other words, that the employer has established: come to work on time, perform their job duties, adhere to subordination, etc. Each organization develops a set of rules for personnel independently. At the same time, the types of charges are established by law. Employers are severely limited in their choice.

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

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

make a comment;
issue a reprimand;

This is where the list ends. Any other measures are illegal, so it is better to do without amateur activity and not introduce a system of fines or other punishments, as some companies do. For this, the employer can be attracted to .

Advice from the editor: so that the supervisory authorities do not have claims to the company's disciplinary policy, write down the terms and procedure for applying penalties in local regulations in as much detail as possible. Design , indicate what specific measures the employer applies to violators of discipline, how it conducts what documents supports his decision.

Each penalty, even a remark, is issued by order. If it's about , draw up an order carefully and accurately, list all the documents that prove his misconduct.

Question from practice

How to issue a disciplinary order?

Answered by Ivan ShklovetsDeputy Head of the Federal Service for Labor and Employment.

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

Read the expert's answer

Sample letter of dismissal for repeated failure to perform duties

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

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

Normative act	Approval document
Regulations on the discipline of railway workers
Disciplinary charter of paramilitary mine rescue units in transport construction
Disciplinary Charter of the Customs Service of the Russian Federation
Charter on Discipline of Maritime Transport Workers
Charter on the discipline of workers of the fishing fleet of the Russian Federation
Charter on Discipline of the Crews of the Naval Support Vessels
Charter on the Discipline of Employees of Organizations Operating Especially Dangerous and Nuclear Hazardous Production and Facilities

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

According to part 3 of article 192 of the Labor Code of the Russian Federation with the amendments that were made to this norm, and the explanations of the Plenum of the Supreme Court of the Russian Federation (paragraph 52 of the Decree of March 17, 2004 No. 2), disciplinary measures include dismissal due to:

to an employee serving commodity or monetary values, as a result of his guilty actions (clause 7, part 1, article 81 of the Labor Code of the Russian Federation);
disqualification acceptance , his deputies or the chief accountant of the organization of an unreasonable decision that caused damage to property (clause 9, part 1, article 81 of the Labor Code of the Russian Federation);
a single gross violation of labor duties by the head of the organization or his deputies (clause 10, part 1, article 81 of the Labor Code of the Russian Federation).

What changes have been made to Articles 192, 193 of the Labor Code of the Russian Federation

The law not only limits the list of permissible punishments, but also regulates the procedure for their application. The employer is obliged to take into account the circumstances and severity of the misconduct when choosing a penalty, to demand from the employee written explanation and draw up an act in case of refusal (part 4 of article 192 of the Labor Code of the Russian Federation, part 1 of article 193 of the Labor Code of the Russian Federation).

It is unprofitable to drag out an internal investigation: the period allotted for the application of disciplinary measures is limited and amounts to only one month from the date of discovery of the misconduct. The time that the guilty worker or on sick leave, while not taken into account (part 3 of article 193 of the Labor Code of the Russian Federation). If we are talking about a corruption violation, the period is extended to three years, and for misdemeanors discovered as a result of an audit or inspection - up to two years from the date of completion of verification activities.

It is necessary to apply penalties even to notorious violators of discipline very carefully, in compliance with the requirements of the Labor Code of the Russian Federation. You can not fine for being late, fire for minor misconduct, reprimand the employee twice for the same incident. Be sure to demand an explanatory note and conduct an official investigation so that the prosecutor, inspector or court does not consider the punishment unreasonable.

The types of disciplinary sanctions are determined not only by the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), but also by other federal laws. Our article will tell about what a disciplinary offense and a penalty in general are, what types of penalties exist and how they are applied.

What is a disciplinary offence?

Certain measures of influence are applied to employees who have committed a disciplinary offense. In this case, misconduct means non-performance or improper performance by employees of their duties, i.e. violation of the law and / or non-compliance with the orders of the enterprise administration, the requirements of local regulations (job descriptions, labor regulations, etc.). The list of actions (types of inaction) that can be qualified as a labor misconduct is contained in paragraph 35 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2.

The phenomenon under consideration is determined by 2 main features:

Disciplinary sanctions are applied only for violations of labor discipline (refusal of social work, for example, cannot be recognized as a misdemeanor).
Violations must be guilty in nature, i.e., the guilt of the employee in their admission must be proven. For example, absenteeism from work due to a natural disaster or the introduction of martial law will not be absenteeism, since there is no fault of the employee that such circumstances take place and prevent him from entering the service.

Features of disciplinary sanctions

Measures of responsibility in the field of labor relations can be divided into general (basic) and special:

common are listed in Art. 192 of the Labor Code of the Russian Federation;
special ones are used in relation to only certain categories of working citizens and are established by the relevant federal laws, charters or regulations.

As for the types of disciplinary sanction of the first type mentioned in the Labor Code of the Russian Federation, they are applied to all employees, i.e., regardless of the place of service and the work functions performed. Special ones are applicable only to those persons who are subject to a specific specialized legal act (for example, employees of the Ministry of Internal Affairs, customs, etc.). However, it is important to remember that it is forbidden to impose penalties on personnel that are not stipulated by labor legislation (for example, fines cannot be collected).

Don't know your rights?

Only the employer, i.e. the head of the enterprise and / or another person who has been given the appropriate authority, has the right to use the measure of influence. He chooses the punishment. At the same time, in accordance with Part 5 of Art. 192 of the Labor Code of the Russian Federation, one should take into account the severity of the misconduct and the circumstances accompanying its commission. If, when considering, for example, a case on reinstatement, the court considers that the dismissal is disproportionate to the unlawful act, then the employee’s claim may be satisfied.

If during the next year after the application of the penalty the citizen does not commit illegal acts, then he is automatically recognized as not having any punishments. It is also possible to return the status of a respectable employee before the end of the one-year period by submitting a personal petition to the management, at the request of the immediate supervisor or at the initiative of the employer itself.

Penalties under the Labor Code of the Russian Federation

Types of disciplinary sanctions under the Labor Code of the Russian Federation:

comment;
rebuke;
dismissal.

If everything is clear with the first two types of disciplinary sanctions: they do not entail any significant inconvenience for the employee and only give the employer the right to apply a more serious sanction (dismissal) if a violation is repeated, then the last paragraph should be discussed in more detail.

The fact is that not every dismissal is considered disciplinary, but only the one that was carried out according to the provisions of Part 3 of Art. 192 of the Labor Code of the Russian Federation on grounds, including:

The reasons established by some paragraphs of Art. 81 of the Labor Code of the Russian Federation:
- the employee already has a penalty, but he repeatedly violates labor discipline without good reason (clause 5);
- a single gross misconduct (clause 6);
- loss of confidence in a person dealing with material values due to his guilty actions (paragraph 7);
- loss of confidence in a person who has not settled a conflict of interest (clause 7.1);
- commission by an employee performing educational functions of an immoral act (clause 8);
- unreasonable decision of the head of the enterprise, his deputy, chief accountant, which caused damage to the property of the organization (clause 9);
- a single gross tort committed by the head of the enterprise or his deputy (clause 10).
Termination of labor relations with a teacher under paragraph 1 of part 1 of Art. 336 of the Labor Code of the Russian Federation for gross non-compliance with the norms of the charter of the institution. In this case, the offense must be repeated within 1 year.
Termination of the contract with an athlete due to disqualification for 6 or more months, violation of anti-doping requirements (Article 348.11 of the Labor Code of the Russian Federation).

What measures apply to special types of penalties?

As mentioned above, in addition to those described in the Labor Code of the Russian Federation, the types of disciplinary sanctions include those that are established:

federal laws. For example, Art. 41.7 of the federal law "On the Prosecutor's Office ..." dated January 17, 1992 No. 2202 introduces labor liability measures in the form of a strict reprimand, demotion in class rank and other methods of influence applied to prosecutors. Also, a number of laws regulating labor activity in certain areas contain specific categories of penalties that are not stipulated by the Labor Code of the Russian Federation.
Charters. Here it should be noted that the charter is understood not as a local document of the enterprise, but as a normative act approved by federal law or adopted in the manner established by law (part 5 of article 189 of the Labor Code of the Russian Federation). Yes, Art. 4 of the federal law "Charter on discipline ..." dated 08.03.2011 No. 35-FZ indicates such a measure of influence for employees in the field of nuclear energy as a warning about incomplete compliance with the position held or the work performed.
Regulations. In this case, the provision must also be approved by law. As an example, we can mention the regulation on the discipline of railway transport workers, approved by Decree of the Government of the Russian Federation of 08.25.1992 No. 621. Clause 15 of this document refers to the deprivation of a certificate for the right to drive a locomotive and other railway transport precisely as a type of responsibility .

General rules for bringing to responsibility under Art. 193 Labor Code of the Russian Federation

The main provisions on the application of penalties are contained in Art. 193 of the Labor Code of the Russian Federation. In particular, these include the following rules:

There is a statute of limitations for the application of liability measures. It is equal to 1 month, which begins to be calculated from the day the act was discovered. At the same time, days of illness of the employee and any type of leave, including without pay or in connection with training, are not counted in the period. In addition, this period is interrupted if it is necessary to carry out a procedure for taking into account the opinion of the workers' representative body.
Punishment can be applied no later than 6 months from the date of the offense. If the violation was discovered after the audit or audit - no later than 2 years.
There is one penalty for one offense. However, if, after being held accountable, the employee continues to violate discipline, then the employer has the right to apply new measures of influence (up to and including dismissal).

Punishments and the procedure for their application

The conditions for the application of the types of punishment under consideration are established by Art. 193 of the Labor Code of the Russian Federation. According to this rule, the employer must comply with the following algorithm of actions:

Ask the guilty person for a written explanation. The requirement is also recommended to be made in a letter and inform the employee about the specified request against signature. If a citizen does not appear at the workplace, the specified requirement should be sent to him by mail in a valuable item with a list of attachments. The employee is given 2 days to submit explanations. In case of refusal to give an explanation or if it is impossible to hand over the demand to the employee (for example, the citizen did not receive the letter in the mail and it was returned), the administration of the enterprise, after 2 days from the moment the employee was notified or the letter was returned, draws up an appropriate act. This document will be needed at the trial when it is initiated by the employee as proof that the employer has complied with the rules for holding the employee liable.
Issue an order on the application of methods of influence to a citizen. It must describe the misconduct and indicate the type of disciplinary sanction. If we are talking about dismissal, then 1 order is drawn up, and not 2 separate ones (on the imposition of a penalty and termination of labor relations) - the RF Armed Forces drew attention to this in the decision of November 09, 2012 No. 60-APG12-7.
Familiarize the employee with the specified order against signature, for which 3 days are given after its preparation. This period does not include days when the person is absent from work. If a citizen refuses to familiarize himself, the administration draws up an appropriate act.

So, the types of disciplinary sanctions are divided into 2 large groups: general and special. The general ones are described in the Labor Code of the Russian Federation and apply to all employees. Special ones are contained in specialized regulations and apply only to those people who fall under these legal sources. The rules and procedure for the application of any type of punishment are the same for all categories of citizens and are specified in the Labor Code of the Russian Federation.

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