Disciplinary action. How long does it take to issue a disciplinary action? Term for lifting a disciplinary sanction from an employee

Labor relations don't always go smoothly. Employees, for various reasons, commit misconduct related to the performance of work duties. In this case, the employer applies disciplinary measures to the employee. Most often or a reprimand, but sometimes it comes to dismissal. There are other ways to punish the guilty staff member. The disciplinary penalty is valid for a year if it is not lifted earlier, or the employee is not subject to another penalty.

What is disciplinary punishment

In the process of working, the employee is obliged to fulfill the job duties assigned to him, to preserve the property of the employer and to comply with the established schedule. If these requirements are not met, the employee is punished. The disciplinary sanction is valid for a year, and it is imposed for a misdemeanor related to work.

To include:

failure to fulfill official duties;
negligent or incomplete performance of the assigned work;
non-observance of the established labor schedule - being late, absenteeism, leaving the workplace ahead of time;
damage to the property of the employer;
disclosure of commercial secrets;
violation of safety regulations, regardless of the consequences;
non-compliance with the instructions for using the equipment;
refusal from professional development or training, if this is provided for by the job description or the standard of the profession.

Depending on the field of activity and the specifics of the production, the procedure for applying disciplinary sanctions and the list of violations will change. They must be prescribed without fail both in the collective labor agreement and in the individual instructions for positions and types of activity.

Types of disciplinary action

If we take as a basis, then disciplinary sanctions include:

dismissal;
rebuke;
comment.

It is in such a very simple formulation that they must be written into the corresponding order. Inexperienced personnel services employees sometimes change their names, in which case the employee can appeal the order, indicating that only one of the list is disciplinary action. And the labor dispute commission in this case will be on the side of the staff.

What is not a disciplinary offense

Not all types of violations can be attributed to disciplinary offenses. Sometimes employees do not perform their duties, fearing punishment from management. It should be remembered that any job function must be spelled out in the contract. Disciplinary actions include reprimand and reprimand, and they are applied for the violations already indicated.

It is not a disciplinary offense and is not subject to recovery:

the employee's refusal to carry out the personal order of the employer;
disagreement of an employee to conduct public work, including absenteeism on subbotniks, demonstrations and rallies;
refusal from additional work, if this obligation is not specified in the contract;
employee disagreement to perform actions that contradict the law;
refusal from any work not expressly specified in the employment contract;
a strike if it is carried out in accordance with the law.

The procedure for imposing a penalty

Punishing an employee requires clear rules to be followed. It was already mentioned above that disciplinary action is a reprimand or reprimand. But dismissal is not used as often as other types, but requires much more responsibility from the personnel of the personnel service.

To comply with the law, the following procedure for the application of disciplinary sanctions is applied:

Execution of documents proving the fact of a misdemeanor. This is a time consuming but mandatory step. It is necessary not only to know about the violation, but also to be able to prove its fact. As a base, the testimony of two or more members of the work collective, recordings of surveillance cameras, written complaints from customers, expert assessment can be used. It is obligatory about the discovery or commission of a violation of labor discipline. The employee gets acquainted with him under the signature.
An explanatory note must be taken from the employee who will be punished. This document is required for various reasons. The employee is given a chance to justify himself, and maybe the reason will be recognized as valid. It is possible to mitigate punishment or reveal new facts. The employee may not provide a written explanation. In case of his refusal, an appropriate act is drawn up.
Drawing up a draft order. He wears a loose fit. But for the disciplinary sanction of dismissal, a unified order is drawn up to terminate the employment contract.
Signing the order by the head and bringing it to the attention of the employee. If the employee refuses to leave a signature, it is necessary to draw up an act and make an appropriate note in the document.

It should be remembered that a disciplinary sanction is applied no later than six months after the violation was committed and no later than one month from the date of its discovery. The calculation of this time does not include days of vacation, illness, business trips, and all other periods of time when the employee was absent from the workplace for a good reason. In addition, the time of consideration of documents on recovery by a representative body or trade union is taken into account.

It is important to know that one type of penalty may be imposed on an employee for one offense. It is unacceptable to first reprimand an employee for being late, and then fire him for him.

Collection documents are stored in a separate folder, apart from other papers on personnel. The term of their storage is the same as the usual term of the collection, after the expiration of the action, all acts, letters, explanatory and memorandum notes and orders are subject to destruction. Copies can be attached to a personal file, but they should be deleted at the end.

Duration of disciplinary sanctions

The disciplinary sanction is valid for 12 months from the date of the order. If the employee commits another offense, then this period is extended until the end of the last one.

An employee's extreme punishment is dismissal. In this case, the disciplinary action is indefinite and cannot be canceled by the administration. However, it can be terminated by the labor dispute committee and the employee reinstated. A dismissed employee may be recruited to an enterprise in another division and on different conditions, in which case he is considered unpunished.

The disciplinary sanction may be terminated early. However, it is not recommended to reduce it by less than six months.

An order to impose a disciplinary sanction - what is the difference from other types of orders on personnel

An employee who has committed a misdemeanor is subject to disciplinary action in the form of a remark, reprimand, or, as a last resort, dismissal. Various documents are drawn up: protocols, acts, reports and explanatory notes, letters of complaint, etc. But the main one is the order.

Most of the personnel documents are unified. They are brought to a single form for convenience and simplification of work. However, orders for reprimand or remark are issued freely. This is due to the fact that it is not possible to bring all variants of violations to a single form, they are specific for each organization.

Early withdrawal of a claim

The disciplinary action usually lasts for a year. But it can be reduced:

on the personal initiative of the employer;
at the personal request of the employee;
at the request of a trade union or other representative body;
at the personal request of the employee's immediate supervisor.

The employer may at any time apply the Sample order or order will be similar to other non-unified personnel documents.

The employee himself can ask for the early removal of the remark or reprimand. In this case, they write and attach a statement. The same documents are drawn up by the trade union and the head of the unit. In the case of early withdrawal of the penalty, it will be considered that the employee did not have it. All supporting documents are destroyed.

Personnel appeal against a disciplinary sanction

The employee has every right to appeal the collection. To do this, he should contact the district commission by decision. Further consideration of the case may be submitted to the prosecutor's office or the court. If the employer made gross mistakes in paperwork, or overlooked any stage, then the court's decision will be on the employee's side. In case of recognition of the collection as invalid, all documents about it are subject to destruction. If the employee was fired, then he is reinstated in his previous position. At the same time, he is paid compensation for all days missed at work in the amount of average earnings.

Dismissal is an extreme disciplinary measure

Of the three types of disciplinary punishment, dismissal is indefinite and often irreversible. This measure of punishment is usually applied as a last resort, when the employee's misconduct is incompatible with the further performance of his job duties.

Misdemeanors leading to dismissal may include:

a single gross violation of the prescribed labor discipline and working rules;
truancy for no good reason;
absence of an employee at the workplace for four or more hours without a valid reason;
actions that resulted in injury or death;
employer, including those related to insufficient competence;
theft at the workplace of both the property of the employer and other employees, in addition, in this case, a criminal case may be instituted on behalf of the enterprise;
administrative offenses that do not directly affect the work, but worsen the company's image;
actions defaming the employer;
dissemination of confidential and classified information;
gross non-compliance with work ethics and subordination;
direct refusal to fulfill the duties prescribed in the contract;
participating in a strike without following the procedure prescribed by law.

When dismissing for misconduct or other culpable act, the employer should approach the paperwork as responsibly as possible. In this case, there is a clear conflict of interest, and the employee may consider such a punishment unlawful. In case of violations of the procedure for imposing a penalty, he can be reinstated in office by the court authorities or the labor inspection.

First of all, personnel service employees should prepare testimonies confirming the employee's guilt. These must be two or more members of the work collective, and they must be witnesses of the misconduct. Documented expert opinions will be helpful. You should also use any confirming misconduct, technical materials: recordings from CCTV cameras, auto-registration indicators, photos of the workplace with date and time.

A written explanation of the misconduct must be requested from the employee. This document, along with others, is sent to the representative body for consideration. They must decide on the legality of the punishment of dismissal.

The last document is an order or order, its form is unified. An appropriate entry is made in the work book, with the wording from the labor code and the obligatory reference to the article.

The consequences of disciplinary punishment for the employee and the employer

All disciplinary measures inflict not only economic but also psychological harm on personnel. After receiving the first comment, there may be a significant decline in labor enthusiasm and an even greater deterioration in performance.

However, such a negative incentive can have a positive effect in the future. The employee begins to take a more responsible attitude to the production process, monitors the working regime and improves his skills.

The employer should assume how this or that type of punishment will affect the production process. Do not punish employees for the slightest minor offense. Being late for a couple of minutes is a reason to express dissatisfaction, but not so weighty as to make an official reprimand. As a result, an employer who abuses punishment develops a bad reputation in the labor market and finds it increasingly difficult to find new employees.

Disciplinary action affects both the employee and the organization. Employees should understand that such a measure of influence is often forced and almost always temporary. With continued discipline, the sentence will last for a year, or maybe less.

Any punishment, including disciplinary one, must be reasoned, formalized and enforced in strict accordance with labor legislation. Otherwise, it is possible to appeal the order to impose a disciplinary sanction from the employee. Let us further consider what types of disciplinary sanctions exist and how the imposition of punishment should be legally correct.

Disciplinary action under the Labor Code of the Russian Federation

A disciplinary sanction in the implementation of labor relations is a punishment applied to an employee of an organization, regardless of his rank and status. The penalty can be imposed in the following cases:

in case of non-fulfillment or poor-quality fulfillment of their official duties;
in case of violation of the rules and regulations of the company, prescribed in the internal regulations:
- violation of labor discipline,
- presence at work in alcohol or drug intoxication,
- disclosure of commercial secrets, etc.

These and other reasons for which punishment may follow are spelled out in the Labor Code (LC) of the Russian Federation, in Art. 81.

It should be noted that a citizen's ignorance of his official duties does not relieve him of responsibility for their failure to fulfill them. All actions that the employee must carry out are spelled out in the employment contract concluded between him and the employer. Acquaintance with this document is the first priority for employment.

Curious facts

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

Disciplinary measures can be applied only in case of proven fault of the employee and documentary recording of the fact of violation. For example, if an employee did not go to work for a disrespectful reason, and they did not mark absenteeism in his time record card, then it will not be possible to apply any penalties to him.

A disciplinary violation can be recorded with the following documents:

act. It is drawn up mainly for disciplinary offenses. For example, when you are late for work, when absenteeism, etc .;
memorandum. It is drawn up by the head of the employee who has committed a fault due to non-fulfillment or poor-quality performance of official duties, in case of violation of the submission of reports, etc.;
protocol of the commission's decision. This document is drawn up, for example, in the event of material damage to the company.

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

The duration of a disciplinary sanction is one year and if during this time the employee does not have a new disciplinary sanction, then he / she will not have a disciplinary sanction.

Terminology of disciplinary action as a legal act

Disciplinary action, like any procedural action, is strictly regulated by the Labor Code (LC) of the Russian Federation. Violation of the rules and procedure for imposing a penalty may lead to an appeal against its application and invalidation.

The disciplinary procedure implies that there is a subject, object, subjective and objective side in the case:

the subject is an employee who has committed a disciplinary offense;
object - the norms and procedures established in the labor organization;
the subjective side is the employee's fault;
the objective side is the relationship between the fault of the fined employee and the consequences.

Types of employee disciplinary liability

There are several types of disciplinary sanctions, which are approved by the labor legislation of the Russian Federation (Article 192 of the Labor Code). Only these types can be used in labor relations, while others will be illegal.

Types of penalties:

comment,
rebuke,
dismissal.

The list is modeled in ascending order of the severity of the punishment for the violations committed. A remark is the mildest measure of influence, it is made orally. The reprimand is also pronounced verbally, but has more serious consequences.

If an employee has several reprimands, he can be legally dismissed. Dismissal, as a disciplinary measure, is applied in case of repeated violations, for which the employee was previously imposed milder types of punishment.

Only one penalty can be applied for one violation. Here is an example: an employee did not complete the work within the specified time frame. If the employer made a reprimand to the employee for this, then he has no right to announce an additional reprimand.

Disciplinary responsibility is the duty of an employee to incur penalties in accordance with labor law when committing illegal actions.

Reasons for imposing a penalty

The penalty can be imposed by the employer on the employee on the basis of the available grounds. The reason for disciplinary action is the commission of a disciplinary offense (Article 189 of the Labor Code of the Russian Federation).

What exactly falls under the definition of a discipline violation:

being late for work;
failure to appear at the workplace without a valid reason (absenteeism);
being at the workplace in a state of alcoholic or drug intoxication;
violation of safety rules;
disclosure of commercial secrets;
non-fulfillment or poor-quality fulfillment of official duties prescribed in the employment contract;
non-compliance with the rules and regulations of the company's internal regulations, etc.

Any violations committed by an employee that are not included in the list of possible reasons for imposing a disciplinary sanction cannot become the basis for the application of punishment. Only one disciplinary sanction can be imposed for one offense.

Disciplinary sanctions are general and special. General ones are used in all labor collectives, and special ones only in certain areas, for example, in the Armed Forces of the Russian Federation or in the public service.

Some facts

In case of early release of an employee from collection, the employer needs to back up and issue an order “to remove the collection”, and the employee needs to familiarize himself with it and sign. The organization can draw up the order form independently.

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

comment,
rebuke,
dismissal.

A comment is the most benign measure of influence, and dismissal is the most extreme.

Terms of imposing a disciplinary sanction according to the Labor Code of the Russian Federation

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

If a violation is revealed during any inspection, the limitation period is 24 months (Article 193 of the Labor Code of the Russian Federation).

The procedure for imposing a disciplinary sanction on an employee

There is a certain procedure for taking measures for a disciplinary offense (Article 193 of the Labor Code of the Russian Federation). A change or omission of any of the steps may make the imposition of a penalty illegal and entail its cancellation.

Stage # 1: the employer receives a signal about the misconduct.

This signal must come in writing. This can be an act, a report, a memorandum or a protocol of the commission's decision after carrying out any verification. Any of the listed documents must contain a description of the violation committed. The date the employer receives the signal is the date the disciplinary action is opened.

Curious information

In the event of a dispute, the employer's request to provide explanations and the corresponding act on the absence of these explanations in writing are grounds for disciplinary action. However, if the employee provides an explanatory note, observing the deadlines, then the collection can be canceled.

Stage 2: submission to the employee of a written request for an explanation of the committed act.

After familiarization with this requirement, the employee must sign.

Stage number 3: explanation of the event by the employee.

The presentation form is an explanatory note. It must contain a description of the reasons that led to the violation. The grounds can be either respectful or disrespectful.

The employer evaluates the reasons for this criterion, he has the right to classify them at his own discretion. The Labor Code of the Russian Federation does not regulate the concept of "good reason", therefore, generally accepted grounds are applied: illness, lack of material resources for work, fulfillment of orders from higher authorities, etc.

The employee has the right not to write an explanatory note, in this case, after 2 days of waiting, the employer (or other responsible person) must draw up a special act on the absence of explanations from the employee. The employer (or employer's representative) and 2 witnesses must sign this act.

Stage 4: imposition of disciplinary action.

If the employer recognizes the reason for the misdemeanor on the part of the employee to be disrespectful, then he has the right to apply one of the disciplinary measures. Such a decision is drawn up by issuing an order. This document should contain the following points:

order number and date of its publication;
the basis for drawing up the document is the wording that a certain disciplinary measure has been applied to a specific employee (indicating the full name and position);
an indication of the reason for which the penalty was imposed;
employer's signature.

The order is an important document for confirming the facts of imposition of penalties. Several such documents are a good reason for an employer to take an extreme disciplinary measure - dismissal (Article 81 of the Labor Code of the Russian Federation).

If there are no other penalties within one year, and after that year, the penalty must be removed from the employee. If the employer wishes, it can be withdrawn during this one year, as well as at the request of the employee, or at the request of the representative body or the head of the employee.

Stage 5: familiarization of the employee with the issued order.

This must be done by the personnel of the personnel department or the employer himself no later than 3 working days from the date of its publication. Familiarization with the order is confirmed by the employee's handwritten signature. If a citizen refuses this procedure, then a special act is drawn up, which fixes the refusal.

Alternative disciplinary action

Disciplinary measures of influence can be applied not only in labor collectives, but also in other structures. For example, in the ranks of the Armed Forces of the Russian Federation, in government agencies. The legal regulation of disciplinary sanctions in these structures is carried out, respectively, by the Charter "On the Armed Forces of Russia" and the Federal Law (FZ) "On Civil Servants".

The list of disciplinary measures in the Armed Forces, in addition to the standard ones, also has a number of additional punishments:

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

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

Consequences of imposing a penalty

Recovery is an official warning to the employee about the inadmissibility of his misdemeanors. Repeated violations lead to further penalties in the form of remarks and reprimands. The employer in such a case has the right to dismiss the employee legally with the adoption of the appropriate wording.

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

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

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

Related materials:

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

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

Types of disciplinary action:

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

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

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

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

Before imposing a disciplinary sanction, the violation of labor discipline should be documented. After that, the employee must write an explanatory note in which he needs to state the reasons for his behavior. The reasons are carefully analyzed by the management, and it is established whether they are valid or not. If no explanation is provided after two working days, an act is drawn up signed by two or more witnesses. The manager who has such an act in his hands can impose a disciplinary penalty without explanation from the employee.

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

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

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

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

Terms of disciplinary action

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

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

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

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

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

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

Removal of disciplinary sanction

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

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

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

comment;
rebuke;
dismissal on appropriate grounds.

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

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

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

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

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

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

A disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The indicated time limits do not include the time of the criminal proceedings.

For each disciplinary offense, only one disciplinary action.

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

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

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

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

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

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

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

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

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

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

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

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

The procedure for the application of disciplinary sanctions

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

Disciplinary proceedings as a legal relationship

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

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

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

Stages of disciplinary proceedings

Disciplinary proceedings include several stages.

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

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

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

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

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

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

Sixth, the employer chooses a disciplinary measure and issues an appropriate order. An order (order) on the application of a disciplinary measure is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the order (order) against signature, then the authorized representative of the employer draws up a corresponding act (part 6 of article 193 of the Labor Code of the Russian Federation). The details of the act are similar to those set forth for the act of refusal to give an explanation for the fact of violation of the internal labor regulations.

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

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

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

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

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

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

Removal of disciplinary sanction

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

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

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

The internal regulations of the organization, the implementation of targets, are the main duties of the employee. Obviously, in case of violation of the norms established by the employer, the management has the right to apply a disciplinary sanction to the culprit (in this case, you must follow the procedure specified in Article 192 of the Labor Code of the Russian Federation: more on this issue in the article by reference).

Such measures are aimed at punishing the employee and may lead to his dismissal. At the same time, one of the conditions for imposing a disciplinary sanction is compliance with the time limit (this is relevant for all types of disciplinary sanctions).

How long can a disciplinary sanction be imposed?

The time during which an employee can be punished is established by the Labor Code of the Russian Federation and is 6 months from the date of the offense.The same period is indicated in internal regulations. It should be indicated that this period is mandatory and cannot be reduced or increased at the request of the employer. Therefore, the specified norm of the law is mandatory.

The period is set in order to protect employees from unjustified punishment. In essence, this rule is similar to the concept of a limitation period, which is established in the event of a criminal or administrative punishment. Its meaning is the loss of the danger of misconduct over time.

In addition, the norm protects the employee by ensuring that he will not be punished at the discretion of management several years after the commission of the misdemeanor.

Requirements established by the Labor Code of the Russian Federation for the timing of imposition and actions of a disciplinary sanction

There are two main periods that can be specified by the law. It is they who regulate the action and application of punishment in employees:

the time for imposing a disciplinary sanction is 6 months. That is, it is during this period and not later that the person can be held accountable and punished. The calculation of this period begins from the day the fact of the misconduct was revealed. If the act was committed on the same day, and it became known about it later, then the calculation starts from the day the violation was revealed. And such a period ends on the last day of the above 6-month period;

the punishment lasts for one year. The course of this period begins on the day on which the corresponding order is dated. The meaning of punishment is to deprive the employee of bonuses and similar bonuses for good work and other successes. Therefore, within one year, the employee will not receive additional payments and may lose other privileges.

The indicated time intervals cannot be shortened arbitrarily or increased. However, the punishment can be removed ahead of schedule. This possibility is provided for in the law, but this is attributed to the competence of the organization's management. No other authorities have the right to influence this. To overturn a disciplinary action, an appropriate revocation order must be issued.

Term for familiarization with the order on disciplinary sanction

Familiarization with the decree is both the employee's right and the management's responsibility. Such an obligation is necessary to guarantee the right to appeal against a decision on punishment.

Otherwise, the leader can punish the person without notifying him. Thus, the person will be deprived of the opportunity to prove his case. Therefore, the signature on familiarization with the order and the inscription about it are mandatory details.
It should be noted that a specific term for acquaintance has not been set. There is no corresponding article of the law. It is obvious that a person can be on a business trip, on sick leave. Consequently, there may be circumstances that will hinder familiarization.

But when the first opportunity arises, the manager is obliged to familiarize the relevant employee with the order to punish. At the same time, refusal to sign the document does not correspond to the interests of the employee. After all, the signature only means familiarization, but does not mean agreement with the order.

Time Limit for Appealing a Disciplinary Sanction

The deadline for appealing a disciplinary order is established by law. There are two periods of time for resolving the issue of disagreement with the order.

if a reprimand, reprimand or incomplete official compliance is announced to an employee, then such orders can be challenged within three months. The starting point of disagreement will be the day of familiarization with the order. At the same time, familiarization does not suspend the effect of the punishment, but is necessary for the beginning of the period for challenging it;
if a penalty of dismissal is applied, then it can be challenged within one month. The start of the challenging period will be the time from the moment you receive a copy of the punishment order.

In this case, the law provides for the possibility of restoring the time for challenging. This can be done if the time has been missed for a good reason. For example, being on sick leave, certified by an appropriate medical document, will be recognized as a good reason.

The duration of the reprimand under the Labor Code of the Russian Federation

The reprimand is valid for one year from the date of the order for disciplinary action.

After what period of time a disciplinary sanction cannot be imposed on an employee?

Since the employee can be punished only within six months from the moment he committed the misdemeanor, then after this time, the penalty cannot be applied to him.

Correct behavior in the workplace guarantees respectful attitude of the management towards a particular employee, therefore, the norms prescribed in the Labor Code and in the internal regulations of the organization should be observed.

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