31.08.2019

Violation employment contract entails disciplinary action.

Punishing negligent employees will ensure compliance with rules and regulations job description guaranteeing the safety of the production process.

Disciplinary proceedings are a legal relationship in which the parties are the employer and the employee.

Conclusion labor agreement obliges subjects to comply with and fulfill the requirements set out in the document. Deviation from disciplinary norms is considered.

What measures of influence does the employer have the right to apply from the point of view of the Labor Code?

List of methods and types of influence on violators labor regulations provided for in Article 192 of the Labor Code of the Russian Federation.

What penalties for violation of labor discipline exist under the Labor Code of the Russian Federation?

Any offense is punishable by law. Employees of enterprises, just like ordinary citizens, must comply with the standards established at a particular production site. Failure to comply with rules and labor obligations entails serious administrative penalties. The manager has the right to apply one of the types of disciplinary sanctions against a negligent subordinate.

What penalties are provided for by the Labor Code:

The most severe of the listed disciplinary measures against an employee is dismissal. To apply this type punishment, the manager must act within the framework of labor legislation.

The remaining types are considered a soft warning method and are established for minor labor violations. ?

How to apply the comment

Usually the first unpleasant conversation with management ends with a service remark. The manager cannot classify any oversight on the part of the employee as a disciplinary violation.

A remark is a gentle method of scolding a subordinate. This type of penalty is applied in the following cases:

• failure to fulfill or neglect job descriptions;
• absenteeism;
• regular unjustified lateness to work.

In practice, some managers first conduct conversations with negligent employees, and then impose punishment. At the same time, guilt is recognized not only in case of an intentional violation, but also in case of careless behavior at work.

The immediate supervisor must issue a disciplinary sanction, documenting the act.

If errors are made in the procedure for registering a disciplinary sanction or the fact of incorrect paperwork is revealed, then this type of punishment is considered invalid.

Reprimanding employees

The next mitigating type of production penalty, but more severe, is a reprimand. First, the employer verbally reprimands the offending subordinate, and then formats the words in the form.

At its core, the first form of punishment is no different from the second and carries with it similar consequences. However, a reprimand is issued for a more serious violation of discipline.

In addition, the amount of this type of penalty can lead to dismissal. If an employee receives two or more reprimands during the year, then Labor Code allows such employee to terminate the contract.

Even the court will not help in this matter. As judicial practice shows, the claim will be rejected if in fact there are more than two reprimands for the current year.

Large enterprises that practice a system of motivation and incentives with material payments have an alternative financial instrument. In such organizations, the leader of dishonest subordinates punishes with rubles:

• deprives bonuses and allowances;
• imposes sanctions.

A reprimand is issued in cases where serious harm has been caused to production, or the violations have become systematic.

Liability in the form of dismissal

When the system outweighs common sense, and the employee’s actions are classified as serious, there is no need to talk about soft methods of discipline. Dismissal is considered a serious form of disciplinary action.

Before using a punitive instrument, management will have to prove the degree of guilt of the employee.

Failure to comply with safety rules or ignoring job descriptions must be systematic.

Based on the analysis of the subordinate’s card, where disciplinary punishments appear repeatedly, the employer makes a decision to dismiss this person.

If the manager’s actions are considered unlawful, they can be challenged in court. As an argument, it is necessary to provide documents refuting the employee’s guilt and proving a violation of workers’ rights.

Disciplinary action in the form of dismissal is applied in the following situations:

• insubordination;
• immoral behavior in the workplace;
• participation in events that discredit the honor and dignity of senior officials;
• ignoring instructions;
• refusal to comply with the terms of the employment agreement;
• disclosure of corporate information;
• damage or theft of government property;
• leaving the workplace without permission;
• systematic delays;
• violation of safety rules and labor protection standards;
• appearing at work under the influence of alcohol or drugs.

Any of the above reasons may become grounds for early termination of the employment agreement.

Is deprivation of a bonus a penalty?

The measures to be taken against a negligent employee are clearly stated in the Labor Code. So, according to Art. 192 of the Labor Code of the Russian Federation, the employer has the right to apply a reprimand or reprimand as a penalty if the reason was.

conclusions

The use of disciplinary sanctions is a method of influencing negligent employees aimed at improving the legal situation at the enterprise.

The Labor Code clearly defines the algorithm of actions. First, the manager makes a reprimand, then reprimands. Now the situation can still be improved.

If soft methods of influence do not improve manufacturing process, then you have to use “heavy artillery” - fire a non-executive employee. At large enterprises officials may introduce an internal scale of penalties.

Legal actions must be reflected in regulatory documents. If disputes arise, you should contact the commission regulating labor relations or go to court.

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

Limits of disciplinary offense

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

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

Criteria for determining a disciplinary offense:

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

Confirmation of the fact of misconduct

The employer must point out to the court all available facts confirming that the subordinate committed an unlawful act. This may include systematic lateness, failure to appear or leaving the workplace without good reason, refusal to fulfill one’s obligations, evasion of a medical examination and any other actions that violate the law.

Along with proof of the fact of misconduct itself, the guilt of the subordinate must also be proven. IN regulations The criteria for guilt are not defined - a person is either guilty or not. When hearing the case, only whether the guilty act was carried out intentionally or through negligence is taken into account.

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

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

Based on the facts provided and after studying all the circumstances surrounding the disciplinary offense, the court makes the only correct decision for each individual case. At the same time, if the claim is satisfied, the court can cancel the penalty applied, but cannot assign another, since this is the prerogative of only the director of the organization/enterprise.

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

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The Labor Code of the Russian Federation limits it to a certain list. Let's consider what different types can be and how they are used. types of disciplinary sanctions.

How is a penalty removed?

Labor discipline requirements for employees

Each new member of the work collective must obey a certain set of rules of conduct that exist within it (Article 21, 189 of the Labor Code of the Russian Federation). The basis of these rules is the requirements of the Labor Code of the Russian Federation, and all other norms are divided into 2 categories:

• developed for the entire team (Article 189 of the Labor Code of the Russian Federation);
• established for a specific employee (Article 192 of the Labor Code of the Russian Federation).

The norms that guide the entire team are based on internal organizational and administrative documents (rules, instructions, orders) and the collective agreement. They establish common rules of conduct for everyone and a uniform work routine.

The rules relating to a specific employee are contained in the employment contract with him and in his job description, defining the range of duties assigned to him job responsibilities.

Each employee is required to be familiarized with current rules. This happens when:

• applying for a job;
• translation on new position or change in job description;
• the emergence of new internal organizational and administrative documents or a new collective agreement.

The fact of such familiarization is noted with the employee’s handwritten signature either under the relevant document or in special accounting journals.

If an employee violates the established rules, the employer has the right to bring him to disciplinary liability (Articles 22, 192 of the Labor Code of the Russian Federation).

The procedure for applying disciplinary liability

The exercise of the employer's right to bring an employee to disciplinary liability will be possible only if several preconditions are met:

• Labor discipline rules are drawn up in accordance with all necessary requirements: approved by the manager, they indicate the date of approval, they are agreed with the trade union organization or have a note that such an organization was not created.
• Before committing a disciplinary offense, the employee is familiar with all the rules of labor discipline, and his signature certifying the fact of this acquaintance is available along with the date of acquaintance with the document, which he personally affixed.

Another important condition is that the employee is guilty of the offense (Article 192 of the Labor Code of the Russian Federation). He cannot be punished if his fault:

• absent;
• not related to work duties;
• not proven.

Possible disciplinary action

Possible types of disciplinary sanctions are given in Art. 192 Labor Code of the Russian Federation. Their list is limited and does not allow for free interpretation. These types include:

• comment;
• rebuke;
• dismissal.

Although the legislation may provide for other types of punishments for certain categories of workers (Article 192 of the Labor Code of the Russian Federation).

Read more about reprimand in the article “Reprimand as a disciplinary sanction (nuances).”

The choice of the type of disciplinary liability is made taking into account a number of factors:

• the specific circumstances in which the violation was committed;
• characteristics of the employee’s personality and whether he has other offenses or, conversely, merits;
• assessing the severity of the consequences of the violation and the proportionality of the punishment.

Only one penalty can be imposed for one violation (Article 193 of the Labor Code of the Russian Federation). But punishment can be applied to one employee more than once, while changing the types of penalties, in cases where:

• as a result of the penalty the violation is not terminated;
• the offenses are repeated periodically;
• New types of offenses are being committed.

It is possible to apply simultaneously 2 types of liability (disciplinary and material) if, as a result of a disciplinary offense committed by an employee, the employer suffered material damage (Article 248 of the Labor Code of the Russian Federation).

What are the types of violations of discipline?

Disciplinary offenses are divided into 2 types:

• not very serious, having a one-time nature, not entailing serious consequences and usually stopping after the application of a penalty in the form of a reprimand or reprimand;
• gross, which include both systematic violations and one-time violations, but incompatible with the continuation of work.

Examples of the first type include:

• one-time delays to work or long absences from the workplace not related to job functions;
• failure to complete the usual amount of work (labor standards) or failure to meet deadlines;
• failure to comply with orders and instructions from management related to the employee’s job responsibilities;
• refusal to undergo mandatory inspections or instructions;
• refusal to prepare documents necessary for work (for example, a liability agreement).

Gross misconduct, in which, as disciplinary action by the Labor Code of the Russian Federation dismissal of an employee is permitted, are:

• systematically committed disciplinary offenses (clause 5 of Article 81);
• absenteeism, which is equivalent to absence from the workplace during the day or shift, as well as more than 4 hours in a row (subparagraph “a”, paragraph 6 of Article 81);
• appearing at work under the influence of intoxicants (subparagraph “b”, paragraph 6 of Article 81);
• disclosure of information considered a secret of any level (subparagraph “c”, paragraph 6 of Article 81);
• intentionally causing harm to someone else's property (subparagraph “d”, paragraph 6 of Article 81);
• creating a situation of the occurrence or high probability of the occurrence of severe consequences for people and property (subparagraph “e”, paragraph 6 of Article 81);
• committing actions that result in loss of trust (clauses 7 and 7.1 of Article 81);
• immoral act committed by the teacher (clause 8 of article 81);
• adoption by the head of an organization of a decision that entailed significant material damage to this organization (clause 9 of Article 81);
• gross violation by the head of a legal entity of his direct labor duties (clause 10 of article 81);
• repeated gross violation of the charter by a teacher during the year educational organization(Clause 1 of Article 336 of the Labor Code of the Russian Federation);
• violation of anti-doping rules by an athlete or his disqualification (Article 348.11).

Dismissal is not mandatory. Instead, a more lenient punishment (reprimand or reprimand) may be imposed if the employer's manager, whose prerogative is usually to make such decisions, considers it more appropriate in the particular circumstances.

Terms and procedure for imposing punishment

The Labor Code of the Russian Federation limits terms of application of disciplinary action: no later than 1 month from the date of detection of the violation and before the expiration of six months (and for offenses of a financial nature - 2 years) from the date of commission, taking into account the periods of employee absence from the workplace allowed by law (Article 193 of the Labor Code of the Russian Federation), including:

• disease;
• vacation, time off;
• period of criminal proceedings.

Of particular importance is the sequence and extent of actions preceding the formalization of punishment:

• The fact of a violation must be immediately documented by drawing up an act signed by 3 witnesses or a memorandum from the employee’s immediate supervisor. If necessary, several such documents are drawn up, accompanying them, if possible, with other documents confirming the presence of violations.
• The employee is given 2 working days to provide written explanations of the misconduct. In case of refusal to provide an explanation, a report is drawn up.
• The employee is given 3 working days to familiarize himself with the collection order. If he refuses to sign on it, then an act is also drawn up.

How to draw up an act when an employee refuses to provide an explanation, read the material “How to draw up an act on refusal to write an explanatory note?”

How is a penalty removed?

A penalty issued in the form of a reprimand or reprimand is lifted on one of 2 grounds (Article 194 of the Labor Code of the Russian Federation):

• Its validity period has expired (1 year from the date of imposition), provided that during this time the employee did not have any new violations. The collection is lifted automatically without any paperwork.
• Before the expiration date, if there is an initiative on the part of the employee, his immediate superior, the workforce or the employer’s manager. If the initiator is an employee, then he writes a statement addressed to the head of the employer, and if the immediate superior or work collective, a petition is drawn up. The removal of the penalty is formalized by order.

Read about the nuances of executing such an order in the article “Order to lift a disciplinary sanction - sample.”

Results

Despite the limited list of disciplinary sanctions, they give the employer a fairly wide range of influences on the employee. When applying punishment, it is very important to comply with all procedural requirements.

Source: http://nalog-nalog.ru/otvetstvennost_i_vzyskaniya/vidy_disciplinarnyh_vzyskanij_po_tk_rf/

What types of disciplinary actions can be taken against employees?

All people are different and approach work differently. Ideally, every person should strictly observe discipline and perform the work entrusted to him conscientiously. But it also happens: he performs his duties improperly or simply ignores them.

In this situation, the law provides appropriate norms for punishing the employee. Disciplinary action is a punishment for failure to comply labor functions or their incomplete implementation in practice.

What types are provided for by the Labor Code of the Russian Federation?

According to the Labor Code of the Russian Federation, there are the following penalties: reprimand, reprimand, dismissal.

In addition to the main types, in some organizations it is possible to use others: a reprimand with the addition of “strict”, a warning “incomplete compliance”, transfer for a short period to a less representative and lower paid position.

The procedure for applying measures is formulated in Article 193 of the Labor Code of the Russian Federation.

The bottom line is that upon discovery of a misconduct, the guilty employee is obliged to immediately provide an explanation in a letter signed by him.

After two days have passed from the day of the demand for an explanation, in the absence of one, the employer has the right to draw up an act in which he must indicate the date of the demand for clarification and the actual absence of it.

When an employee is unable to provide a written explanation for some reason, it is best for the employer to issue a written notice to the individual asking him to provide an explanation. But this must be done during the person’s working hours.

The order of their application

To apply a penalty, it is necessary to collect evidence of a person’s guilt and only then make a decision by order.

The order must be completed correctly and contain the necessary information:

• position and place of activity of the culprit;
• the essence of the offense and articles of the law;
• indication of the degree and severity of the violation;
• type of punishment;
• base.

It is important to know the time frame within which penalties can be applied. Term - one month from the day the offense was discovered, taking into account the employee’s sick time, if any, and the time of agreement with the trade union.

Besides this, there is one more circumstance. If six months have passed since the discovery of the misconduct, then the employee cannot be punished. True, this does not apply to financial matters, for example, if the misconduct was discovered as a result of an audit. Such issues are resolved within a two-year period.

The employee signs the order within three days. If a person refuses to sign, the boss prepares a new act on this matter. It must be signed by attesting witnesses, who should not have a personal interest, and by a representative of the enterprise administration.

The employee has the right to appeal the order of punishment to labor inspection.

The employee, as soon as he has signed the contract and has begun his direct labor functions, immediately receives the rights and responsibilities specified in the “job description” document.

According to regulatory documents, he must:

• fulfill labor obligations;
• comply with internal regulations and labor safety standards;
• maintain the entrusted property in proper condition.

Labor discipline is an important component labor activity. It is fully regulated by the regulations of the organization.

These are documents that establish the process of hiring and firing people and other features labor relations.

However, a local act of an enterprise should in no case contradict the law.

When an employee stops fulfilling his direct duties due to fear for life and health, no one will punish him for this.

When choosing a penalty, you must take into account how serious the offense was and why it was committed. You cannot fire someone for a minor violation, otherwise your decision will be invalidated in court.

Dismissal can only be lawful under the following circumstances:

• When an employee with a penalty continues, regardless of the reasons, to evade fulfillment of duties.
• When there is a gross violation of discipline. This includes absenteeism lasting one working day, as well as more than 4 hours in a row.
• Appearing at work in any category of intoxication.
• The employee made public a secret known to him due to his official duties.
• In case of theft, embezzlement or destruction of property, dismissal is guaranteed immediately when this fact is established in court.
• For violation of labor protection conditions.
• If the employee dealt with values ​​and lost the trust of the boss.
• If a person at the workplace made an unreasonable decision, and this adversely affected the financial well-being of the organization.
• If the manager grossly violated his job duties.
• If the teacher violated the Charter of the general education organization during the school year.

In other words, different disciplinary measures may be applied in different industries, as set out in the Charter, regulations, and rules of a given organization. It is not allowed to use arbitrarily invented measures.

The above measures are unacceptable for punishing civil servants.

Important note: only one type of penalty can be applied for one offense.

If punishment is taken against an employee, it valid for one year from the date of issue of the order.

During this period, repeated misconduct may result in automatic dismissal under Article 81.

If after a year there are no more comments, then the penalty is considered lifted.

At the request of the direct employer or the request of the employee, as well as based on the request of the manager, the penalty can be lifted without waiting for the end of the year.

To do this, you need to write a report. The personnel specialist has the right to make a special entry about the punishment in the employee’s personal file, more precisely, in his personal card.

IN work book such information should not be reflected.

The procedure for issuing a penalty

After the immediate supervisor has found out all the causes and consequences of the misconduct and has prepared the necessary acts, he must send the following documents to his superiors:

• A memorandum from persons related to the case.
• A memo containing the essence of the incident.
• Explanatory note from the culprit himself.
• Explanatory statements from other persons involved in this case.
• Document confirming the operating mode.
• If necessary, additional documents needed to clarify.

If the measure is dismissal, it must be issued in the form of an order in a unified form with an exact indication under which article the employee was dismissed. There are no forms of orders for imposing penalties in the form of a reprimand or reprimand. They are published in free form.

Information about all types of punishments for guilty workers, their registration and others important nuances you can watch the video:

Consequences

• An employee with a penalty may be deprived of his bonus.
• An employee who has received a penalty and has repeatedly committed an offense may be suspended from work, that is, fired.

The employer needs to be careful about filling out all the necessary documentation.

In order to avoid difficulties, all issues relating to his labor discipline must be discussed individually with each employee.

The organization is liable for violation of the procedure for applying penalties. If there is disagreement with the applicable measure and the employee complains to the labor inspectorate, the employer will be checked for violations during the investigation and application of punishment.

If the inspection finds a violation, the organization will be held administratively liable.

The employee will be reinstated through legal proceedings, and he will receive compensation for causing moral damage.

The organization must bear all costs of trials and inspections. In addition, damage will be caused business reputation company, credibility is lost.

Source: http://ZnayDelo.ru/personal/upravlenie/vidy-disciplinarnyh-vzyskanij.html

When is a disciplinary sanction applied by the Labor Code of the Russian Federation?

If employees of an enterprise commit misconduct or improperly perform their duties, the employer has the right to apply disciplinary action to them in accordance with the Labor Code of the Russian Federation.

Sometimes such strict measures are necessary to ensure that employees and teams maintain discipline and perform their duties properly.

However, management does not always act in accordance with the law, as a result of which employees turn to the courts or the federal service for labor and employment.

Penalties under the Labor Code of the Russian Federation

At the legislative level, several types of disciplinary sanctions are defined for application to an employee:

1. A reprimand as a disciplinary sanction.
2. Announcing a reprimand.
3. Dismissal.

The legislation does not provide for other types of disciplinary sanctions. Some companies impose fines on employees, transfer them to positions with lower salaries, and so on. These types of punishments are illegal in relation to employees.

At the same time, there are ways to deprive a bonus provided for by law, as well as ways to appeal this deprivation.

Since bonus payments are, in fact, a component of the salary (as an incentive component), if it is deprived, the employee, when going to court, can obtain its return with penalties equal to 1/300 of the key rate for each overdue day.

If the bonus is “linked” to work standards, the employer can avoid making positive court decisions in favor of the employee.

In this case, incidents of reduction in the amount of the premium or its non-payment must be reflected in the order.

It is also necessary to draw up a regulation on bonuses, which must necessarily list the conditions for payment and non-payment of bonuses.

The most loyal disciplinary punishment is a reprimand. Most often, reprimands are given for being late to the workplace.

The following types of disciplinary violations are distinguished:

• One-time violation. TO similar violations include absenteeism, being drunk at work, failing to undergo medical examinations, etc. A disciplinary sanction for absenteeism (or another violation from this category) can be anything, including dismissal (Article 81, paragraph 6 of the Labor Code of the Russian Federation).
• Failure to fulfill your immediate responsibilities . These offenses, in addition to failure to fulfill duties, also include cases of tardiness. At the same time, the legislation provides for the fact that an employee cannot be dismissed if he has committed this violation for the first time. After the first such offense, the employee faces a reprimand, after the second - a reprimand, and for subsequent ones he may be dismissed (Article 81, paragraph 5 of the Labor Code of the Russian Federation);
• Illegal actions regarding property the tenant, committed by a person who is responsible for the safety of this property. According to this clause, only financially responsible employees (cashiers, accountants, storekeepers, etc.) are subject to punishment; any penalty is applied to them by decision of management, including dismissal (Article 81, paragraph 7 of the Labor Code of the Russian Federation);
• An employee providing the employer with false documents when applying for a job. In this case, the employee faces dismissal.

Also among the disciplinary offenses, it should be noted the employee’s failure to comply with management orders.

Rules for imposing disciplinary sanctions

In order to properly hold an employee accountable, the fact of committing an offense must be proven. As a rule, this responsibility is assigned to specialists personnel service and lawyers.

To hold the offending employee accountable, the following conditions must be met:

• All workers at the enterprise must be familiarized with their job description, employment contract, internal regulations and safety rules, as well as local instructions for workers at the enterprise.
• Established fact of guilty actions of the employee. Those. if the action was committed by the employee due to circumstances beyond his control, it is not a violation.
• An explanatory note must be required from the employee. Because before bringing the offender to justice, it is necessary that he write a written explanation. It would be most correct to demand that an explanatory note be written in writing, i.e. with familiarization against signature with a limited period of fulfillment of the requirement of no more than two working days. If the offending employee does not present an explanatory note, the authorized employee has the right to draw up a report on the employee’s refusal to explain the situation.
• Upon the fact of a disciplinary offense committed, an act and a report are drawn up. At the same time, the sample act of disciplinary action does not have a unified form. In most organizations, the preparation of documents related to the registration of misconduct is entrusted to the human resources department.
• The next step will be to issue an order indicating the penalty applied. In this case, the type of punishment is determined by the circumstances of the incident, the consequences and motives of the offense committed.

Sample disciplinary act

The worker must be familiarized with this order no later than three days after it is issued (excluding days the employee is absent from the workplace). In case of refusal of the employee, a corresponding act must be drawn up.

According to Art.

193 of the Labor Code of the Russian Federation, the execution of an order for disciplinary action must be carried out no later than six months from the date of the offense, and no more than a month must have passed from the moment it was discovered. The date of discovery should be considered the moment when the immediate supervisor of the offender learned about the violation.

Duration of disciplinary action

A disciplinary sanction is valid until it is lifted.

In what cases does this happen? If, as a result of misconduct, the employee was dismissed, in this case the removal of the penalty cannot be implied.

Only a reprimand or reprimand can be withdrawn, but subject to the continuation of the labor relationship between the employer and employee.

Removal of punishment can occur in two cases (Article 194 of the Labor Code of the Russian Federation):

• After 1 year automatically from the moment the order to impose punishment comes into force (provided that the employee has not committed a new offense).
• By early withdrawal when showing initiative.

Since the decision to impose a penalty and its type are determined by the head of the organization (or an authorized employee), early withdrawal must be agreed upon with management. Automatic withdrawals are made without any special formalities or management decisions.

The management of the enterprise, the employee, the employee’s immediate superior or the trade union can initiate early cancellation of the punishment.

In this case, the trade union or immediate superior must draw up a petition addressed to the head of the enterprise. And when contacted by the employee himself, he should write a statement.

At the same time, the sample petition for the removal of a disciplinary sanction does not have a mandatory form.

It must indicate the data of the head of the enterprise in whose name the document is being drawn up, the data of the employee or team who initiated the petition, state the request indicating the arguments in favor of canceling the punishment, as well as the date and signature of the persons who compiled the document.

Deadline for appealing a disciplinary sanction

If an employee does not agree with the order of disciplinary action, he has the right to appeal it. The points of appeal are:

• Labour Inspectorate;
• judiciary;
• labor dispute commission.

The reason for contacting one of these authorities may be:

• issuing penalties twice for the same offense;
• improper execution of collection;
• the employee’s absence from the workplace due to illness or vacation at the time of filing the penalty;
• violation of deadlines;
• if the employee was not asked to write an explanatory note.

Petition to lift a disciplinary sanction sample

An employee is given up to three months to apply to any of the above authorities. If, as a punishment, the employee was dismissed from the organization, then the period for applying is no more than a month.

Filing a statement of claim to appeal a disciplinary sanction in court is possible while simultaneously contacting the labor dispute commission or the labor inspectorate. You can also contact the judicial authorities if an employee is not satisfied with the decision of the labor inspectorate or labor dispute commission.

Source: https://ktovdele.ru/distsiplinarnoe-vzyiskanie.html

Disciplinary sanctions, Labor Code of the Russian Federation (Article 192)

Labor relations are regulated, as is known, by the Labor Code. When applying for a job, the applicant and the employer enter into an agreement. The document specifies the basic working conditions of the employee. The contract also establishes the obligations and rights of the parties.

By concluding an agreement, the employee voluntarily undertakes to comply with the norms of labor legislation and the provisions of local documents.

In case of violation, he faces disciplinary action.

The Labor Code of the Russian Federation contains a special norm establishing the grounds and General terms application of sanctions to the guilty person - Article 192. Let's consider its features.

General information

According to the above article of the Labor Code of the Russian Federation, disciplinary action may be imposed on an employee who has violated the provisions of the law or other regulatory documents. A violation can be expressed either in non-fulfillment or in improper performance by an employee of professional duties due to his fault.

The employer may choose one of the following sanctions:

• Comment.
• Rebuke.
• Termination of the contract (if there are grounds).

Federal laws, regulations on discipline, charters may provide for certain categories of employees and others not covered by Art. 192 of the Labor Code of the Russian Federation disciplinary sanctions. The norm must be applied taking into account the provisions of Art. 81.

Features of the norm

According to the Labor Code of the Russian Federation, disciplinary sanctions include dismissal on the grounds established in Art. 81 (5, 6, 9, 10 points of part 1), 336 (item 1), 348.

11, as well as provided for in paragraph 7.

1, 8, 7 of the first 81 norms, if the employee’s guilty actions give rise to a loss of confidence in him or he has committed an immoral act at the place and within the framework of his work activity.

The use of sanctions that are not established in federal legislation, regulations and charters is not permitted.

According to Art. 192 of the Labor Code of the Russian Federation, disciplinary sanctions should be imposed only after assessing the severity of the offense and analyzing the circumstances in which the perpetrator committed it.

What is a disciplinary offense?

It should be understood as a culpable, unlawful failure or improper performance by an employee of the duties assigned to him in accordance with the contract, law and other regulations (including local ones) acts.

A misdemeanor can be expressed in violation of regulations, rules of procedure at the enterprise, job description, order of the employer, technical rules and so on.

Guilt

Failure to perform/improper performance of duties will be considered guilty if the citizen acted negligently or intentionally.

The imposition of a disciplinary sanction under the Labor Code of the Russian Federation is not permitted if the relevant violations were committed due to circumstances beyond the will of the person. For example, an employee did not fulfill his duties due to absence necessary materials for work, due to loss of ability to work, etc.

Illegality

The illegality of an employee’s behavior (inaction/action) is expressed in its non-compliance with the requirements of the law and other industry regulations.

On this issue, explanations were given by the Plenum of the Supreme Court in Resolution No. 2 of 2004.

The court indicated that an employee’s refusal to perform a production task when there is a threat to his life/health due to violations of labor safety rules cannot be regarded as a misdemeanor until the corresponding danger is eliminated.

The behavior of a person who refuses to perform hard work or in dangerous/harmful conditions, if they are not provided for in the contract, will also be recognized as lawful. Exceptions can only be established by federal law.

Nuances

Due to the fact that the Labor Code does not contain provisions prohibiting the exercise of the right to such a refusal, in cases where the performance of the relevant tasks is conditioned by a transfer on the grounds set out in Article 72.2, the citizen’s refusal to transfer should be considered justified.

Failure to comply with the employer’s order to go to work before the end of the vacation cannot be regarded as a violation of discipline.

The law does not provide for the right to call an employee early without his consent.

The employee’s refusal to comply with such an order (regardless of the reason) should be considered lawful.

Types of discipline violations

Only guilty unlawful behavior that is directly related to the performance of professional duties can be considered an offense for which disciplinary action may be imposed under the Labor Code of the Russian Federation. A person’s refusal to carry out a public order or failure to comply with the rules of conduct in a public place cannot be considered a violation.

Violations of discipline at the enterprise are considered:

• Absence of a citizen without good reason from the workplace or work in general.
• Evasion/refusal to undergo a medical examination, special training, certification, exams on health and safety, equipment operating rules, if these procedures are prerequisite for admission to production activities.
• Refusal, without good reason, to conclude an agreement on financial liability, if service with valuables is the main job responsibility of the person and was agreed upon when he was hired at the enterprise, and the specified agreement can be concluded with the citizen, in accordance with the provisions of the law.

Art. 81 Labor Code of the Russian Federation

Disciplinary action in the form of dismissal may be applied in connection with:

• Repeated failure by a citizen to perform his labor functions without a good reason in the presence of a penalty.
• One-time gross failure (violation) of duties.
• Acceptance by the director of the enterprise ( structural unit), his deputy, ch. an accountant of an unjustified decision, the execution of which resulted in a violation of the safety of valuables, their illegal use or other property damage.
• Gross violation of professional duties by the manager or his deputy, committed once.

In addition to the disciplinary sanctions established in the Labor Code of the Russian Federation, sectoral federal laws provide for sanctions. For example, Federal Law No. 90 allows the dismissal of a teacher due to gross violation charter educational institution admitted again within a year.

Given in Art. 192 the list is considered exhaustive. The application of any other penalties not provided for in the article is not permitted. For example, it would be unlawful to transfer an employee to a lower-paid position or collect a fine as a sanction for violations.

Exceptions are allowed in cases expressly provided for by law. For example, Federal Law No. 79 provides that a civil servant, in addition to the penalties established by Article 192 of the Labor Code, may be given a warning about incomplete compliance with the position held.

Rules for applying sanctions

They are enshrined in Art. 193 Labor Code of the Russian Federation. Disciplinary action may be charged only after receiving an explanation from the employee who committed the violation.

They are provided in writing. The employee is given 2 days to draw up explanations.

If at the end of this period no explanations are provided, the employer must draw up a corresponding report.

It must be said that failure to provide an explanation is not considered an obstacle to the application of sanctions to those responsible.

Deadlines

They are also mentioned in norm 193 of the Labor Code of the Russian Federation. The time limits for disciplinary action are set as follows:

• The sanction is applied no later than 1 month. from the date of discovery of the violation. This period does not include the days the employee is on vacation, temporary disability, as well as the time allotted for taking into account the conclusions of the trade union.
• The sanction cannot be applied after 6 months. from the date of the violation, and based on the results of the audit, audit inspection, inspection of financial and economic transactions - after two years. These time limits do not include the time of criminal proceedings.

For each violation, the perpetrator may be subject to only one sanction. Otherwise, his constitutional rights will be infringed.

For committing a disciplinary offense, that is, failure 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 disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline (part five of article of this Code) may also provide for other disciplinary sanctions for certain categories of employees.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of part one of this article, paragraph 1 of the article or article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of part one of article of this Code in cases when guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee at the place of work and in connection with the performance of his job duties.

The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

Commentary to Art. 192 Labor Code of the Russian Federation

Judicial practice under Article 192 of the Labor Code of the Russian Federation

Determination of the Constitutional Court of the Russian Federation dated November 4, 2004 N 343-O

At the same time, in contrast to the benefits provided upon termination of an employment contract at the initiative of the employer, to other categories of workers with family responsibilities (part three of Article of the Labor Code Russian Federation), the ban on dismissal of a pregnant woman from work at the initiative of the employer is significantly limited in time. In addition, the article of the Labor Code of the Russian Federation provides for other - in addition to dismissal from work - disciplinary sanctions that the employer, exercising its competence to make personnel decisions, has the right to apply to a pregnant woman if she commits a disciplinary offense.

An article of the Labor Code of the Russian Federation provides that for committing a disciplinary offense, that is, failure 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 disciplinary sanctions:

Comment;

Rebuke;

In accordance with Art. Labor Code of the Russian Federation for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply one of the following disciplinary sanctions to him: reprimand, reprimand, dismissal on appropriate grounds.

G. filed a lawsuit against OJSC "CITY" for the recovery wages in the amount of 31,578 rubles. 95 kopecks, compensation for unused vacation for 2002 - 2003 in the amount of 65,874 rubles. 53 kopecks, compensation for delay in payment Money in the amount of 8728 rubles. 91 kopecks, compensation for early dissolution contract in an amount equivalent to 100,000 US dollars, compensation for delay in payment of funds under the contract in the amount of 219,610 rubles. 27 kopecks, compensation for moral damage in the amount of 100,000 rubles and expenses for paying for the services of a representative in the amount of 91,000 rubles. She also asked that the formulation of the reason for her dismissal be recognized as incorrect and not in accordance with the articles of the Labor Code of the Russian Federation and changed to Part 1 of Art. Labor Code of the Russian Federation and clause 1 of Art. 7 of the Contract.

As for the provisions of articles , and the Labor Code of the Russian Federation, then, formally appealing their constitutionality, G.G. Galeeva, in fact, expresses disagreement with the legality of her dismissal from work and the court decisions made in her labor dispute. Meanwhile, the resolution of this issue, including verification of the correct interpretation of the norms that were to be applied in the applicant’s case, the legality and validity of court decisions made on their basis based on the results of establishing and studying factual circumstances, by virtue of Article 125 of the Constitution of the Russian Federation and Article 3 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” is also not within the competence of the Constitutional Court of the Russian Federation, but refers to the powers of higher courts of general jurisdiction.

30. In accordance with the article of the Labor Code of the Russian Federation, disciplinary sanctions are applied by the employer to the employee for failure to perform or improper performance by the employee, through his fault, of the labor duties assigned to him.

Disciplinary sanctions may be imposed on judges by the qualification boards of judges for committing disciplinary offenses expressed in violation of the norms of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” (as amended on December 15, 2001), as well as the provisions of the Code of Judicial Ethics.

ARTICLES OF THE LABOR CODE OF THE RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleandrova, A.L. Kononova, L.O. Krasavchikova, V.O. Luchina, Yu.D. Rudkina, N.V. Selezneva, V.G. Strekozova, O.S. Khokhryakova, B.S. Ebzeeva, V.G. Yaroslavtseva,

List of disciplinary sanctions enshrined in Art. The Labor Code of the Russian Federation does not provide for the application of such a penalty for violation of labor discipline as transfer to another job.

The Labor Code of the Russian Federation defines in Article 4 the work the performance of which does not constitute forced labor.

Currently, this constitutional provision is implemented in Art. The Labor Code of the Russian Federation, which establishes a list of disciplinary sanctions that the employer has the right to apply: 1) reprimand, 2) reprimand, 3) dismissal on appropriate grounds.

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

Representative of the interested party of the Government of the Russian Federation Makarov D.Yu. objected to the satisfaction of the complaint and explained in court that the deprivation of the driver’s certificate for the right to drive a locomotive, motor-car rolling stock, special self-propelled rolling stock, the driver’s certificate for the right to drive a trolley, the assistant driver of a locomotive, motor-car rolling stock, special self-propelled rolling stock composition - certificate of an assistant driver, assistant driver of a handcar - certificate of an assistant driver for a period of up to three months or up to one year, with transfer with the consent of the employee to another job for the same period is a type of disciplinary sanction. The right to establish additional compared to labor legislation disciplinary sanctions in the provisions on discipline are provided for in Art. Labor Code of the Russian Federation.

Labor interaction between the employer and employees is not always cloudless; employees may intentionally or through negligence violate labor discipline or carry out illegal actions.

Any offense entails, and its severity directly depends on the violation itself.

Many employers introduce the rule of levying fines for a particular offense. Some enterprises even have printed lists with indicated amounts of penalties for a particular action. It is believed that punishment with a ruble is the most effective way to indicate the illegality of actions and prevent its subsequent repetition. But these actions are illegal.

An employer does not have the right to fine an employee under the Labor Code and set the amount of the fine accordingly. We will examine this issue in more detail below.

By signing, everyone new employee, accepts the working conditions specified therein. In addition, immediately after the conclusion of the relationship, the newly accepted person is familiarized with internal local documents that stipulate the slightest nuances further cooperation.

The employee must become familiar with:

1. Internal labor regulations, which spell out the work schedule and rules of conduct in the workplace.
2. A job description that clearly outlines the circle.
3. Safety precautions in the workplace, which allows you to maintain the health of yourself and others.

Each employee is obliged:

1. Start and end your work day on time.
2. Be sober at work, without signs of alcohol or drug abuse.
3. Use mandatory personal protective equipment.
4. Strictly follow occupational health and safety instructions.
5. Perform your duties as specified in the job description in full and on time.
6. Notify the employer of any violations or problems identified.

Failure to comply with these simple rules may result in disciplinary action.

Types of disciplinary punishments

Disciplinary penalties allow the employer to adequately respond to the unlawful action committed.

The Labor Code in Article 192 establishes possible types of punishments, but does not provide a list of offenses for which they are applied.

It is believed that it is the employer who is obliged to determine for himself which measure to apply in a given situation, but he is obliged to weigh the offense itself and the chosen type of responsibility for it.

Disciplinary sanctions are divided into:

1. Comment.
2. Dismissal.

A reprimand is the easiest punishment for the offender. It is expressed verbally and does not entail any consequences. It is used in cases that did not entail any consequences, although they were a consequence of the employee’s unlawful acts.

A reprimand differs from a reprimand in that it is expressed in writing, that is, the very fact of a violation is recorded in writing. In addition, a reprimand imposes some serious restrictions on the offender. During the year from its announcement, the employee must be extremely careful, because repeated violation of labor discipline, in the form of being late or other action, will entail inevitable dismissal.

– this is an extreme measure of responsibility; it can be applied both after a reprimand, in case of a repeated violation, and in case of a primary gross misconduct. For example, absenteeism or drunkenness at work is a gross violation, and therefore can immediately lead to dismissal.

In order to be able to apply a disciplinary sanction to an offending employee, the employer is required to take a number of actions:

1. Establish the fact of the violation and the guilt of a specific hired person.
2. Request written explanations from the offender.
3. If an explanation has not been given within two days, then draw up an act of established misconduct.
4. Within one month from the moment the action was recorded, establish the penalty.
5. Apply the established measure within six months.

Only one type of penalty can be applied for one offense. Apply it later established deadlines it is forbidden. It is extremely important to weigh the degree of misconduct and damage caused against the punitive measure.

Does the Labor Code provide for a fine?

Article 192 of the Labor Code of the Russian Federation not only prescribes an exhaustive list, but also indicates that the use of penalties other than those prescribed by law is illegal. That is, it is legal to set the minimum and maximum size The employer has no right to fines for certain offenses. And if this sanction is applied, his actions can be challenged by the employee himself.

But don't forget that there is material liability hired persons. It is expressed in the fact that each employee may incur financial penalties if specific damage is caused to the employer’s property. Financial liability is divided into full and incomplete. Incomplete is imposed on everyone and is expressed in the fact that the amount of damage caused is collected from the perpetrator forcibly or voluntarily, but its amount cannot exceed one monthly income of the employee. Full financial liability allows you to recover all damage caused, but only if a financial liability agreement has been previously signed with the employee.

Management cannot fine employees for absenteeism, tardiness, or untimely completion of work. Please also note that lost profits do not constitute financial damage.

Employer's liability for illegal actions

If there is a discrepancy between the law and the action taken, the employee has the right to file a complaint or a lawsuit in court. A citizen who has suffered from unlawful actions may demand compensation for both material and moral damage from the employer.

The employer cannot apply disciplinary sanctions that are not provided for by labor legislation. Fines as a punishment instead of a reprimand or reprimand, or even simultaneously with them, are absolutely unacceptable. Their use is illegal and therefore punishable. The Code of Administrative Offenses of the Russian Federation provides for the possibility of imposing administrative penalties on those executives or organizations as a whole who have applied work collective penalties in the form of material penalties.

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