When the disciplinary action can be lifted. What is the procedure for removing a disciplinary sanction from an employee. Are records of penalties recorded in the employee's work book

The term penalty exists to strengthen the employee's responsibility for their actions. This is the last measure in relation to those employees who constantly violate the internal order of the enterprise, organization.

To begin with, a warning remark is made, if it does not take effect, then the management applies strict measures.
The size wages depends on the punishment.

Sometimes it has positive influence per employee. Conscientious work makes it possible to submit a petition to the manager to remove the penalty. The imposition of such a punishment can be canceled, therefore this is one of the positive aspects of such a measure.

Types of penalties

The law provides for several types of punishments:

remarks and reprimands;
dismissal. This measure is applied in case of serious misconduct with serious consequences, and in case of a new violation, when the employee already has penalties.

The management has the right to apply them according to the rules of internal discipline.

Application of disciplinary action

Penalties are not recorded in the work book. There is a special form T-2, upon registration of which the order number is indicated. In any case, regardless of the violation, when drawing up penalties, it is necessary to monitor compliance with the Labor Code. An employee should not be subject to more than one penalty. The offender must be aware of the rules of internal discipline, and the corresponding document must be personally signed. The time period between the order and the misconduct should not be more than six months.

The punishment order may not be applied during the period:

passing by civil service employees;
vacation and disability period.

The employee must personally familiarize himself with the order and draw up an explanatory note. The collection must comply with the terms specified in the Labor Code, it is also possible to extend it, but only in accordance with the law.

An employee who has been subject to a penalty has the right to challenge it if it was applied in violation of the provisions of the law. And as a rule, such labor disputes are resolved in favor of the employee and his guilt will be unproven.

The duration of the disciplinary sanction

The penalty can be considered invalid if 1 year has passed since the time the order was accepted. If the unscrupulous employee is punished again before the end of this period, the validity period of the first order is reset to zero and a new period is established from the date when the new order was approved. This allows you to record two punishments at once. This may lead to the emergence of grounds to record the fact of repeated violations. The manager has the right, according to the Labor Code, to fire the employee. For the latter, foreclosure will not directly affect the future career in the best way.

The transfer to another position in the enterprise does not affect the term of the measures or the termination of the order. Removal of the penalty is carried out by decision of the head or upon termination labor relations, since such orders are distributed only within the organization.

Cancellation after expiration

The employer can cancel the order ahead of schedule; for this, a new order is also issued. If the validity period has expired, then it will be canceled automatically without issuing a special document. It is also not necessary to inform the employee. But the employee must take such a situation seriously and strictly observe internal discipline during the term and avoid repeated violations.

An employee may be on vacation, absent from the workplace for other reasons, for automatic removal of the penalty, it is not necessary to be in the workplace. But this only applies to reprimands and remarks. If we are talking about dismissal, cancellation does not apply to this type of penalty.

A penalty that has expired cannot be a reason for refusing an employee in incentives, that is, it should not have any consequences. This also applies to wages, which take into account bonuses and other material benefits. The interrupted working time, for the possibility of obtaining titles.

Remarks can be automatically removed when the employee, from the moment of signing the order for collection, no longer violated the internal labor discipline enterprises.

Removal of a claim before its expiration date

There is no concept of early withdrawal in the Labor Law. In order to regulate this clause, one can rely on according to which, for the punished employee there is an opportunity to early remove the punishment for a responsible attitude to his duties. This is a sufficient argument to annul the punishment before it ends. There is no deadline for this, therefore, such decisions are made by the manager.

Grounds for cancellation of penalties

An employee has the right to early cancellation of a collection order under the following circumstances:

conscientious work during the period of validity of the order;
fulfillment of the established work plan in excess of the norm;
participation in the life of the team;
identification and prevention of accidents and other violations;
introduction rationalization proposals and new techniques.

If an employee has corrected himself, he can be petitioned by: the head of the enterprise or organization, the employee himself, the head of the local trade union, the guarantor from the team, the head of the punished employee himself. The initiator of the request must receive a link in order for him to complete the mailing list for recipients. The employee must read the order for the removal of the penalty and sign.

Removal of the penalty

When the foreclosure is canceled by the director, he must issue the order himself. If the request comes from other persons, then a request is submitted to the name of the leader. This document must indicate the persons who have read the order, namely: the violator himself, the initiator of the petition, the employee of the personnel department.

The canceled punishment must be entered on the T-2 card, the order number and the date of its entry into force. If the work schedule is violated for the second time after the execution and signing of the order, the cancellation will not be extended. It will not serve as a basis for repeated misconduct by the employee.

Application for the removal of a penalty

It is issued in the name of the manager. The document must contain the reasons disciplinary action, facts for early termination of the order, full name of the punished employee. At the end of the application, the order number and the date of its entry into force are put.

The document must be signed by the direct supervisor of the offender, the chairman of the trade union. A protocol (its number) must be attached to it. Representatives of the collective who attended the meeting also sign.

Order to lift a penalty

It should contain:

order number;
business name;
name of the employee and his position;
facts for cancellation;
manager's signature;
string to familiarize yourself with the document.

An employee who does not agree with the manager's decision may apply to the labor dispute committee, court or inspectorate.

Article 81 of the Labor Code provides for dismissal for repeated imposition of a disciplinary sanction.

According to the rules of office work, penalties are entered into the T-2 card and can negatively affect the career. However, if the employee corrected himself, the penalty can be withdrawn early. The procedure for lifting a disciplinary sanction is not regulated by legal acts, but there is a certain practice of applying this procedure.

What is a disciplinary action

The procedure for compliance with discipline by all staff members of the enterprise and the measures of responsibility for its violation are regulated by Section VIII of the Labor Code. Article 192 of the code states that an offender can be punished in only three ways:

give a reprimand;
make a comment;
dismiss for negative reasons.

These punishments are disciplinary sanctions. At the same time, no types of penalties are provided anymore. There is, of course, a special responsibility, but it does not apply to all employees, but to some categories of employees. For example, a soldier who has been subjected to disciplinary punishment will never be awarded according to the charter, he will receive only one type of encouragement - the removal of the penalty.

In relation to employees commercial organizationswho are subject to the Labor Code may also suffer from foreclosure. Not only can an employee be dismissed for a relapse and repeated punishment under the 5th paragraph of Article 81, but also the director has the right to deprive an employee of the bonus who has an unrecoverable penalty.

In some companies, the management, when developing the provisions on bonuses, formulate one of the conditions: the bonus is charged only in the absence of an unrecoverable penalty. But such a formulation can be contained directly in employment contract... Meanwhile, the penalty is valid for a year, which means only one thing: the violator of discipline risks being left without a bonus for a whole year.

Reminder

Although the penalties are not reflected in the work books, they fit into the T-2 form, and therefore the personnel officer keeps control over the attitude to discipline of each full-time employee.

Removal of disciplinary sanction

The director can remove the penalty, or the labor inspector or the labor dispute commission will force him to do so.

So, according to the norm of Article 193 of the Labor Code, the punished employee may disagree with the penalty imposed on him and appeal the actions of the management to the State Inspection Center or to the dispute commission, if such is acting in the organization.

Note

The following decisions can be made on the complaint:

satisfy the complaint if violations of the Labor Code are found (an order is issued to cancel the order for discipline);
deny satisfaction if the management acted within the legal framework.

Accordingly, upon satisfaction of the complaint, an order must be issued: to cancel the order for discipline against the employee for a specific violation.

The procedure for removing a disciplinary penalty from an employee

Article 194 of the Labor Code explains that after a year has passed since the issuance of the discipline order, the penalty is automatically lifted. but in some cases it is possible to remove the foreclosure ahead of schedule.

The Labor Code does not consider cases in which penalties are removed ahead of schedule, however, in its 191st article there is a reason for encouraging: for conscientious work in a company. You can apply this basis by analogy and in relation to the procedure under consideration.

So the decision of the management can be influenced by facts showing the good faith of the punished employee, eg:

no complaints about work for a certain period;
introduction of rationalization proposals;
plan overfulfilment;
prevention of an accident, accident;
active participation in public works etc.

Having seen in the actions of the employee the grounds for paying off the imposed penalty, you can apply the procedure described in Article 194 of the Labor Code:

the leader, having drawn conclusions from personal observations, can himself initiate the removal of the penalty (an order is simply issued);
the employee himself can ask the director about this (at a personal reception, setting out the arguments);
the immediate superior of the punished person can petition the director (either the chairman of the trade union committee, or a representative of the collective).

How to remove a disciplinary action. Registration

In the procedure for extinguishing a foreclosure, only two documents usually appear:

petition;
order.

If the initiator of the procedure is the director, then the registration will consist of one stage: you just need to issue an order. But if the collective decides to interfere in the fate of a colleague, the director must first convey a request for leniency to the punished by sending a petition to him.

Application for lifting a disciplinary sanction

No legal acts or instructions regulate the procedure for registration
applications, so it is written in free form. Naturally, the document must be understandable, and therefore it must be clearly structured. The structure consists of elements:

a cap;
preamble;
the pleading part.

In the header you need to indicate, as usual:

Full name and position of director;
Name and position of the applicant.

The text of the application can be written according to the example:

Welder MPTs A.A. Razin for being late for work, a reprimand was issued and order No. 13-d dated 09/10/2016 was drawn up against him. Currently, Razin behaves in a disciplined and responsible manner. ... Thanks to his vigilance, an accident in the heating system was prevented: he saw and eliminated the consequences of an incorrect pressure test of the system. As a result, the company did not incur losses. Based on the foregoing, I ask you to early withdraw the penalty against Razin A.A.

The petition is dated and signed by the applicant. It can be signed and submitted by:

foreman, head of the site, shop, department, foreman;
chairman of the trade union committee;
representative of the team.

If the director makes a positive decision on the application, an order is issued.

Order to lift a disciplinary penalty

There is no obligatory order form, therefore, it must be drawn up according to the accepted in the company the rules of office work. The order must contain:

company name;
date and registration number;
information about the employee (name, position, department);
basis (petition or decision of the director);
director's visa;
acquaintance string.

The text of the order can be made according to the example:

Due to the fact that welder MPTs A.A. Razin 09/20/2016 the accident of the heating system was prevented and, in accordance with Article 194 of the Labor Code, I order: disciplinary action imposed by order No. 13-d dated 09/10/2016. Grounds: the petition of the head of the MPC Grishin A.V.

All persons listed in the order must familiarize themselves with the order. The procedure for lifting a disciplinary sanction will be completed when a signed and endorsed order with a petition filed to it is enclosed in a folder according to the nomenclature. After that, the personnel officer will write down the details of the order in the T-2 card and the collection will be considered withdrawn.

31.08.2019

In case of violation of the norms established by the internal order, the working citizen may be held accountable.

As a result, a disciplinary penalty is imposed on him, which has a certain period of validity.

After the end of this period, and if the employer wishes, and before this moment, the penalty is removed from the employee.

Terms under the Labor Code of the Russian Federation

In the process of conducting an employment relationship, various situations arise. For almost every violation, the manager has the right to apply a disciplinary sanction to the employee.

The specific type - a remark, reprimand or dismissal, is determined depending on the severity of the case.

Removal of the penalty from the employee occurs after one year, this is the standard term of the punishment under the Labor Code of the Russian Federation. This rule is relevant provided that within 12 months from the date of the announcement of the penalty, the employee did not commit repeated violations.

The most radical method of holding an employee accountable is firing.

Upon termination of the employment relationship, the penalty is not removed from the violator. Only a reprimand and remark can be removed.

In some situations, the employer may early release the specialist from punishment. The procedure for carrying out such actions is regulated by Article 194 of the Labor Code of the Russian Federation.

Collection can be announced only within a month from the date of detection of the violation internal regulations firms.

In the event that the employee's illegal actions were discovered during the audit, this period is increased to 2 years.

Thus, the imposed disciplinary sanction is considered lifted after one year either automatically or ahead of schedule if there are grounds for that.

The procedure for early cancellation of punishment

Early withdrawal of a penalty implies release from punishment within a period of less than 12 months from the date of application of the preventive measure.

The initiative in this case can come from the following participants in the employment relationship:

employee;
head of the structural unit;
employer;
team;
trade union specialists.

The current Labor Law does not reflect the moment of early withdrawal of the penalty.

After considering the citizen's appeal, the authorized bodies make a decision on the basis of which the worker's request is satisfied, or he is refused.

How to remove a reprimand from an employee?

A reprimand is a measure of punishment for an employee, in terms of severity, between a remark and dismissal.

When announcing such a penalty, the employee should be extremely careful and try to avoid such violations of discipline, because such a repeated misconduct can lead to dismissal.

The reprimand is valid for 12 months. After this period has expired, the disciplinary sanction will be canceled automatically.

Legal acts do not establish a clear technology for removing a reprimand. Despite this, it is customary to carry out this procedure by performing sequential actions:

Step 1. Registration of the application.

Relevant if the initiative to lift the penalty does not come from the head. In case of automatic cancellation, documentation is not issued.

Step 2. Registration of the order.

The paper is drawn up on the condition that the employer does not mind removing the penalty from the offending employee.

Step 3. Making adjustments to the employee's personal card.

The fact of the announcement and removal of the reprimand is compulsorily recorded in the card, drawn up in the T-2 form.

If the decision on withdrawal is made by the employer independently, only the corresponding order is issued.

Each document must be drawn up in accordance with the established rules:

Petition

The document is drawn up in free form, there is no unified form for its registration.

The application consists of several parts:

a cap;
preamble;
main part.

The header reflects standard information - information about the employer, the name of the company, initials and the position of the originator.

After that, information about the employee is indicated, in relation to whom the documentation is drawn up.

It is important to describe the type of disciplinary action and the violation for which it was reported.

In the main part, it is necessary to reflect the request itself and the circumstance in connection with which it is required to release the employee from punishment.

For example, for success in work, unquestioning fulfillment of orders from the head, etc.

The petition is signed by its compiler, who also sets the date of registration of the document. The paper can be drafted on behalf of the collective. In this case, all colleagues of the offender must leave their signatures and initials.

Download a sample application for early withdrawal of the foreclosure -.

Order

It is drawn up regardless of who initiated the cancellation of the collection. Like the previous document, the order is drawn up in any form, taking into account the requirements of the company's workflow.

The following information should be at the disposal of the manager:

company data;
serial number and date of publication of the order;
information about the offender - initials, position;
grounds for early withdrawal of the penalty;
the essence of the order;
employer's signature.

The disciplinary sanction is automatically lifted if several conditions are met:

a year has passed since the reprimand was announced;
during the period of the reprimand, the employee did not commit repeated violations.

Download a sample order to remove the penalty ahead of schedule by a court decision, at the initiative of the employer -

The punishment imposed on the employee can be extinguished, or early withdrawn. The penalty can be extinguished only if the employee does not have new disciplinary actions during the year. In the article, we will consider the early removal of a disciplinary sanction, and also give a sample order for the early removal of a penalty from an employee.

Disciplinary action

For a misdemeanor committed by an employee related to a violation work schedule, one of the types of disciplinary sanctions may be applied to him: reprimand, reprimand or dismissal. Such a list is provided for by labor legislation (Article 192 of the Labor Code of the Russian Federation), it is closed and cannot be changed by the employer's decision. It is important to understand that the employer does not have the right to fine the employee, even if he commits an especially grave offense.

Important! The employer has no right to establish fines for any misconduct in the organization.

However, this prohibition should not be confused with the employer's right to deprive the employee of the bonus. The deprivation of an employee of a bonus is a measure of the impact on the employee from the material side, allowing to stimulate the work of employees. When an employee commits a misdemeanor, the employer has the right not only to apply one of the possible penalties to him, but to deprive him of the bonus.

Dismissal is a last resort and cannot be applied to an employee who has committed a minor offense. An employee can be dismissed only if there are good reasons for that, for example, for absenteeism, disclosure trade secrets or other repeatedly committed misconduct.

Removal of disciplinary sanction

The disciplinary sanction can be extinguished, or it can be removed. It is generally accepted that after the repayment of the penalty, the employee no longer has any misconduct. Perhaps this is if, after being prosecuted for a year, the employee does not have new recruits (Article 194 of the Labor Code of the Russian Federation).

Important! The decision to remove the penalty from the employee ahead of schedule can only be made by the manager.

The disciplinary sanction can be lifted earlier than the due date. This decision can be made by the employer. It can be influenced by an employee, or by the head of the department in which the employee works, or by a representative body chosen by the team. To do this, they submit a written request to the head. This could be:

Application - drawn up and submitted personally by the employee;
Service note - drawn up by the immediate supervisor of the employee;
The petition is drawn up by a trade union committee or other representative body of workers.

Here is a sample of a memo sent by the immediate supervisor of the punished employee to the general director.

How is the withdrawal of a foreclosure

The disciplinary action can be lifted as follows:

Having received a request from the employee or his representatives, the manager decides to remove the penalty ahead of schedule. The manager's decision is reflected in the form of a resolution on the employee's request;
An order is drawn up to remove the penalty. The employer develops the order form independently;

If the employee has more than one penalty, then in this way several penalties can be removed at once. Let us clarify once again that only the head can remove the disciplinary sanction ahead of schedule. He decides to withdraw only one collection ahead of schedule, or several at once. Labor legislation has not established any restrictions in this case.

However, some regulations, regulating the order of penalties establish additional conditions... For example, there are restrictions on the number of penalties lifted for employees of the state drug control agency. If an employee has more than one collection, then the decision on early withdrawal can be made only on one of them.

Reasons for lifting a disciplinary sanction

An order to lift a penalty earlier than its expiration date must be issued no later than 1 year from the date the penalty was established. The reasons for this may be the following:

An employee who has a penalty for a long time does not violate the rules of labor discipline of the organization, or labor legislation;
The head made the decision to lift the penalty independently;
It has been proven that the collection was established illegally;
The employee with the foreclosure contributed to the production growth in the organization;
And etc.

Appeal against collection

In the event that a disciplinary sanction was imposed on an employee illegally, it can be appealed. To do this, the employee can file a complaint with one of the authorities: the labor inspectorate, the labor dispute commission or the court.

Order to lift a penalty

Draw up an order to lift the penalty in any form. The order must contain the following information:

Grounds that led to the imposition of a penalty on the employee;
Grounds that caused the head to withdraw the collection ahead of schedule;
Data on the employee, including his position and department;
The date from which the order comes into effect;
Persons responsible for the execution of the order.

The decision of the leader can only be influenced, but he can only accept it on his own initiative. Only if the penalty was imposed on the employee illegally, the decision to remove it is not taken by the manager.

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