When can a disciplinary sanction 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 responsibility of the employee for his actions. This is the last measure in relation to those employees who constantly violate the internal regulations of the enterprise, organization.

To begin with, a cautionary note is made, if it does not take effect, then the management applies strict measures.
Size wages depends on punishment.

Sometimes this has positive influence on the worker. Conscientious work makes it possible to file a petition for the removal of the penalty to the manager. The imposition of such a punishment can be canceled, so 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 for serious misconduct with serious consequences, and for a new violation, when the employee already has penalties.

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

Application of disciplinary measures

Penalties are not recorded in the work book. There is a special form T-2, during 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 violator must be aware of the rules of internal discipline, the corresponding document must bear his personal signature. Between the order and the misconduct, the time period should not be more than six months.

A punishment order may not be applied during:

passage to public service employees;
vacation and incapacity period.

The employee must personally familiarize himself with the order and draw up an explanatory note. The penalty must comply with the deadlines specified in the Labor Code, and it can also be extended, but only in accordance with the law.

An employee who has been subjected 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.

Duration of disciplinary action

The recovery can be considered invalid if 1 year has passed since the time the order was accepted. If an unscrupulous employee is punished again before the end of this period, the period of validity of the first order is reset to zero and a new period is set from the date when the new order was approved. This allows you to fix two punishments at once. This may lead to the emergence of grounds to fix the fact of repeated violations. The manager has the right, according to the Labor Code, to dismiss the employee. For the latter, the penalty will directly affect the future career in a bad way.

The transfer to another position in the enterprise does not affect the duration 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 upon expiration

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

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

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

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

Cancellation before expiry date

In the Labor legislation there is no concept - early withdrawal. In order to regulate this paragraph, you can rely on according to which, for a punished employee, it is possible to remove the punishment ahead of schedule for a responsible attitude to their duties. This is a sufficient argument to annul the punishment before its completion. No deadline has been set for this. Therefore, such decisions are made by the leader.

Grounds for cancellation of penalties

The employee has the right to early cancellation of the recovery 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;
detection and prevention of accidents and other violations;
introduction rationalization proposals and new techniques.

If the employee has corrected himself, they can apply for him: 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 so that he can send out a mailing list to recipients. The employee must familiarize himself with the order to remove the penalty and sign it.

Removal of penalty

When the penalty is canceled by the director, he must issue the order himself. If the request comes from other persons, then a petition is submitted to the head. This document should 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 number of the order and the date of its entry into force. If the labor schedule is violated a 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.

Petition for withdrawal

It is issued in the name of the head. 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 petition is the number of the order and the date of its entry into force.

The document must be signed by the immediate supervisor of the violator, the chairman of the trade union. A protocol (its number) must be attached to it. Representatives of the collective who were present at the meeting also sign.

Withdrawal order

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 decision of the head may apply to the commission for labor disputes, court or inspection.

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

According to the rules of office work, penalties are entered on the T-2 card and can negatively affect a career. However, if the employee has corrected himself, the penalty can be removed ahead of schedule. 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 order of observance of discipline by all full-time employees 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 a violator of order can be punished in only three ways:

issue a reprimand;
make a comment;
dismissed for negative reasons.

These punishments are disciplinary actions. In this case, no other types of penalties are provided. There is, of course, special responsibility, but it does not apply to all employees, but to certain categories of employees. For example, a military man who has been subjected to disciplinary punishment will never be awarded according to the charter; only one type of encouragement shines for him - the removal of the penalty.

Regarding employees commercial organizations who are subject to the Labor Code may also suffer from penalties. Not only can an employee be fired for relapse and re-punishment under paragraph 5 of Article 81, but the director also has the right to deprive an employee of a bonus who has an unrecovered penalty.

In some firms, the management, when developing provisions on bonuses, formulates one of the conditions: the bonus is charged only if there is no outstanding penalty. But such a formulation can also be contained directly in employment contract. Meanwhile, the penalty is valid for a year, which means only one thing: the violator of discipline runs the risk of being left without a bonus for a whole year.

Reminder

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

Removal of a disciplinary sanction

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

So, according to the norm of Article 193 of the Labor Code, a punished employee may not agree with the penalty imposed on him and appeal against the actions of the management to the GIT or to the dispute commission, if such operates in the organization.

For your information

The following decisions may be made on the complaint:

satisfy the complaint if violations of the Labor Code are observed (an order is issued to annul the discipline order);
refuse satisfaction if the management acted within the legal framework.

Accordingly, upon satisfaction of the complaint, an order should be issued: to cancel the order on discipline in relation to the employee for a specific violation.

The procedure for removing a disciplinary sanction from an employee

Article 194 of the Labor Code clarifies that after a year has passed since the issuance of an order on discipline, the punishment is removed automatically. but in some cases, you can withdraw the penalty 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 basis for encouragement: for conscientious work in a company. This ground can be applied by analogy to the procedure in question.

So management's decision may be influenced by facts showing the conscientiousness of the punished employee, for example:

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

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

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

How to remove a disciplinary sanction. Registration

Only two documents usually appear in the recovery procedure:

petition;
order.

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

Petition for removal of a disciplinary sanction

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

hat;
preamble;
pleading part.

In the header, you need to specify, as usual:

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

The text of the petition can be written as follows:

Welder MPTs Razin A.A. for being late for work, a reprimand was announced and an 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, the accident of the heating system was prevented: he saw and eliminated the consequences of improper pressure testing of the system. As a result, the company did not suffer 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 section, workshop, department, foreman;
chairman of the trade union committee;
team representative.

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

Order to remove the disciplinary sanction

There is no required form, so you need to draw it up according to the accepted in the company business rules. The order must contain:

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

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

Due to the fact that the welder of the MPC Razin A.A. 20.09.2016 the accident of the heating system was prevented and, in accordance with Article 194 of the Labor Code, I order: disciplinary sanction imposed by order No. 13-d dated 10.09.2016. Reason: 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 the signed and endorsed order with a petition attached to it is enclosed in a folder according to the nomenclature. After that, the personnel officer will write down the details of the order on the T-2 card and the penalty will be considered withdrawn.

31.08.2019

In case of violation of the norms established by internal regulations, a working citizen may be held liable.

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

After the expiration of this period, and if the employer wishes, and before this moment, the employee is relieved of punishment.

Terms according to the Labor Code of the Russian Federation

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

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

The removal of the penalty from the employee occurs after one year, this is the standard period of validity of the punishment under the Labor Code of the Russian Federation. This rule is relevant provided that within 12 months from the moment the penalty was announced, the employee did not commit repeated violations.

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

Upon termination of the employment relationship, the penalty is not removed from the violator. Only reprimand and remark are subject to removal.

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

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

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

Thus, the imposed disciplinary sanction is considered to be removed after one year automatically or early if there are grounds for it.

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 moment the measure of restraint was applied.

The initiative in this case may come from the following participants in the labor relations:

employee;
head of the structural unit;
employer;
team;
union professionals.

The current Labor Legislation 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 request of the worker is satisfied, or he is refused.

How to remove a reprimand from an employee?

A reprimand is a form of punishment for an employee, ranging in severity between reprimand and dismissal.

When announcing such a penalty, the employee should be extremely careful and try not to allow such violations of discipline, because such repeated misconduct can lead to dismissal.

The validity period of the reprimand is 12 months. After this period, the disciplinary sanction is canceled automatically.

Legal acts do not establish a clear technology for withdrawing a reprimand. Despite this, this procedure is usually carried out through the implementation of sequential actions:

Step 1. Making an application.

Relevant in the event that the initiative to remove the penalty does not come from the head. With automatic cancellation, documentation is not issued.

Step 2. Making an 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 announcing and withdrawing a reprimand is mandatory recorded in a card drawn up in the T-2 form.

If the decision to withdraw is made by the employer on its own, only an appropriate 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 execution.

The petition has several parts:

hat;
preamble;
main part.

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

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

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

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 the orders of the head, etc.

The petition is signed by its originator, he also puts the date of registration of the document. The paper can be drawn up 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 penalty -.

Order

It is issued regardless of who initiated the annulment of the penalty. Like the previous document, the order is drawn up in any form, taking into account the requirements of the company's document flow.

The manager must have the following information:

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

A disciplinary sanction is removed automatically if several conditions are met:

a year has passed since the announcement of the reprimand;
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 repaid or removed ahead of schedule. The penalty can be paid off only if the employee does not have new disciplinary sanctions 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 disciplinary sanction from an employee.

Disciplinary action

For a misconduct committed by an employee associated with a violation work schedule, one of the types of disciplinary sanctions may be applied to him: remark, 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 decision of the employer. It is important to understand that the employer does not have the right to fine the employee, even if he commits a particularly serious misconduct.

Important! The employer does not have the right to establish fines in the organization for any misconduct.

However, such a ban should not be confused with the right of the employer to deprive the employee of the bonus. Depriving an employee of a bonus is a measure of influence on an employee from the material side, which allows stimulating the work of employees. When an employee commits a misconduct, the employer has the right not only to apply one of the possible penalties to him, but to deprive him of his bonus.

Dismissal is a last resort and cannot be applied to an employee who has committed a minor misconduct. It is possible to dismiss an employee only if there are good reasons for this, for example, for absenteeism, disclosure trade secret or other repeated offenses.

Removal of a disciplinary sanction

A disciplinary sanction may be repaid or withdrawn. It is generally accepted that after the repayment of the penalty, the employee no longer has misconduct. This is possible if, after being held accountable, the employee has no new charges within a year (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 taken by the head.

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

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

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

How is the withdrawal

The removal of a disciplinary sanction occurs as follows:

Having received a request from the employee or his representatives, the manager decides to lift the penalty ahead of schedule. The decision of the manager is reflected in the form of a resolution at the request of the employee;
A withdrawal order is issued. The employer develops the form of the order independently;

If the employee has more than one penalty, then several penalties can be removed in this way. Let us clarify once again that only the head can remove the disciplinary sanction ahead of schedule. He decides to remove only one penalty ahead of schedule, or several at once. There are no restrictions in this case by labor legislation.

However, some regulations regulating the procedure for penalties establish additional terms. For example, there are restrictions for employees of the state drug control on the number of withdrawn penalties. If an employee has more than one penalty, then a decision on early withdrawal can be made only on one of them.

Reasons for disciplinary action

An order to remove the penalty before its expiration date must be issued no later than 1 year from the moment the punishment 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 decision to remove the penalty was made by the manager independently;
It is proved that the penalty was established illegally;
The employee with the penalty contributed to the production growth in the organization;
And etc.

Penalty appeal

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 bodies: the labor inspectorate, the commission on labor disputes or the court.

Withdrawal order

Issue an order to remove the penalty in any form. The order must contain the following information:

The grounds that led to the imposition of a penalty on the employee;
The grounds that led the manager to withdraw the penalty ahead of schedule;
Data on the employee, including his position and department;
The date from which the order comes into force;
Responsible for the execution of the order.

The decision of the head can only be influenced, but he can take it only on his own initiative. Only in the event that the penalty was imposed on the employee illegally, the decision to remove it is not made by the manager.

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