Disciplinary penalties for labor. Disciplinary sanction under the Labor Code of the Russian Federation - types, terms and rules of imposition

For the commission of a disciplinary offense, that is, non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary action:

1) remark;

2) reprimand;

3) dismissal on appropriate grounds.

Federal laws, charters and regulations on discipline (part five of Article 189 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 Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of part one of Article 81 of this of the Code in cases where guilty actions that give grounds for loss of confidence, or, accordingly, an immoral offense are committed by an employee at the place of work and in connection with the performance of his labor duties.

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

Comments to Art. 192 Labor Code of the Russian Federation

1. If an employee has violated labor discipline, then the administration is obliged to apply to him a measure of disciplinary or social influence or a measure of coercion. Coercion is an important element of power.

There are 2 types of violations labor discipline:

1) non-performance of duties, including incomplete performance of duties, poor-quality performance of duties;

2) excess of rights, but only such that violates the rights and freedoms of other persons (Article 17 of the Constitution of the Russian Federation).

Duties and rights are set out in various regulatory legal acts, including local ones developed by the organization itself.

The action or inaction of an employee is considered a violation of labor discipline under certain conditions.

Disciplinary responsibility comes for a disciplinary offense. The main characteristics of a disciplinary offense include the following: socially harmless violations of the internal labor regulations of the organization; violations committed by an employee who is in an employment relationship with the organization; non-fulfillment by an employee of an obligation or excess of his rights that violated the rights and freedoms of another person. Object of violation - internal work schedule organizations. A disciplinary offense committed in the form of action or inaction is a guilty action, i.e. committed intentionally or by negligence.

The main causes of violations of labor discipline are the following: shortcomings in the organization of labor; working conditions that encourage violations or even force the employee to commit violations; wages that do not stimulate disciplined work; lack of control in the labor process; impunity of workers; personal disorganization of the employee; family living conditions.

The causes of violations also include contradictions between:

norms of law and real norms according to which labor relations function;

skilled and unskilled labor;

mental and physical labor;

private property and cooperative labor organization;

the interests of the people.

2. Punishment is associated with the restriction or deprivation of the violator of benefits - bonuses, the right to a ticket, etc. This is a negative assessment of human activity by the subject of management - the employer and his administration.

The purpose of punishment is to convince a person to stop committing violations in the future and to deter other employees from violations. Punishment is a consequence of non-fulfillment of duties by the guilty, excess of rights. For punishment to be effective, the following rules must be followed:

1) the inevitability of impact. If all violators know in advance that they will be subjected to sanctions immediately after the violation, most likely only a very small part of them will still commit violations. The majority of violators, however, hope and are even sure that liability will not come;

2) individualization of punishment. When applying punishment, it should be borne in mind that it should be extremely significant for the employee. For example, an employee violated labor discipline - he was late for work. The leader decided to reprimand him. But for this man there is no reprimand of great importance. For him, the deprivation of the right to combine jobs is more significant. If he violated discipline, then he is warned that he is deprived of the possibility of combining, and this turns out to be a more effective measure for him than any other;

3) the significance of the punishment for the employee;

4) justice of punishment. It is possible to bring a person to responsibility only for guilty failure to fulfill his duties;

5) the administration must take into account the severity of the disciplinary offense, as well as its economic consequences, the circumstances under which it was committed, previous work, the attitude of a person to his violation;

6) punishment should not humiliate the honor and dignity of a person.

Exist different kinds disciplinary action.

For committing a disciplinary offense, i.e. failure to perform or improper performance by the employee due to his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions in accordance with Art. 192 TC: remark; rebuke; dismissal for appropriate reasons.

Dismissal as a disciplinary sanction can be applied when an employee has committed a disciplinary offense, consisting in the fact that he did not perform or improperly performed, through his own fault, the duties assigned to him.

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

It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

3. Prior to the imposition of a penalty, explanations in writing must be requested from the violator of labor discipline. At the same time, the employee's refusal to give an explanation cannot serve as an obstacle to the application of a disciplinary sanction. In case of refusal to give an explanation, an act is drawn up in which the fact of refusal is recorded. The act is drawn up in free form and signed by at least 2 - 3 employees who enjoy the trust of the team. An explanation is necessary in order to find out the circumstances of the violation, its causes, and the attitude of the violator towards it.

A disciplinary sanction is applied by the administration immediately after the misconduct, but no later than 1 month. from the date of its discovery, not counting the time of illness or vacation of the employee, as well as the time required to take into account the opinion of the representative body of employees. If the recovery is announced later than this period, the recovery will be illegal. A disciplinary sanction cannot be imposed later than 6 months. from the date of committing the misconduct, based on the results of an audit or audit of financial and economic activities or auditing activities - no later than 2 years from the date of its commission. The above time limits do not include the time of criminal proceedings. If, for example, the administration learned about the commission of a disciplinary offense after 3 months. after its commission, it can apply a measure of disciplinary action within 1 month. from the date of its discovery, but after 6 months. from the date of its commission, she loses the right to declare a penalty.

Only 1 disciplinary sanction can be applied for each violation. The penalty is announced to the employee in an order (instruction) indicating the motives for its application and must be announced to the employee against receipt within 3 working days from the date of its issuance. If the employee refused to sign the order, then an entry is made in the order or an act is drawn up. For example, an employee was reprimanded in an order posted on a bulletin board. However, the worker was not informed, and he did not see the order on the notice board. In this case, it is considered that the employee has no penalty.

A disciplinary sanction may be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.

The charge is valid for 1 year. After this time, it is considered that the employee has no penalty (in this case, an order is not required). At the same time, a disciplinary sanction may be lifted before the expiration of the year if the person has not committed a new violation of labor discipline and has shown himself to be a conscientious employee.

4. The most important duty of the administration is to register violations. It is advisable to draw up a methodology for registering each duty from the job description. For example, the organization employs 1 thousand people. Each of them has 30 duties. In total, the employees of the organization have 30 thousand responsibilities. It is expedient to analyze them and develop a methodology for registering violations of each of them.

5. Disciplinary sanctions - a measure of coercive influence provided for in a regulatory legal act, applied official in accordance with his competence for a committed disciplinary offense. Organizations, enterprises do not have the right to change the types of disciplinary sanctions at their discretion.

It should be distinguished from disciplinary sanctions measures of disciplinary action that are established by the organization, for example, deprivation of bonuses, failure to provide various benefits. As a rule, the provision of these benefits is directly related to the observance of discipline.

A reprimand with a warning and other measures not provided for in the commented article can be considered a measure of disciplinary action, but not a disciplinary sanction.

Measures of disciplinary sanctions differ from other measures of disciplinary action in that they are established in the legislation, charters, and regulations on discipline.

The commented article does not require the application of penalties in the sequence established in it. The choice of penalty depends on the severity of the misconduct, the circumstances of the violation, and the behavior of the employee.

The application of penalties is not an obligation, but the right of the administration. The responsibility of the administration should be considered the need to register the violation and apply to the violator the measure of influence that is most reasonable and effective in the circumstances.

6. Disciplinary sanctions are also provided for in other laws. In accordance with Art. 57 of the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service Russian Federation"for committing a disciplinary offense, i.e. for non-performance or improper performance by a civil servant through his fault of the tasks assigned to him official duties, the representative of the employer has the right to apply the following disciplinary sanctions: remark; rebuke; warning about incomplete official compliance; dismissal from a substituted civil service position; dismissal from the civil service on the grounds established by paragraph 2, sub. "a" - "g" p. 3, p. p. 5 and 6, part 1, art. 37 of the said Law.

For each disciplinary offense, only 1 disciplinary sanction can be applied.

Article 1 of ILO Convention N 105 "On the Abolition of Forced Labor" (1957) obliges the state to abandon forced labor as a means of maintaining labor discipline. Therefore, if the transfer to another job in the form of punishment is regarded as a form of forced labor, then it cannot be applied.

Demotion in class rank may not be associated with a change in duties, therefore it is permissible.

For example, for committing a disciplinary offense (Article 27 of the Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation") - non-fulfillment or improper fulfillment by a municipal employee through his fault of assigned to him official duties- the representative of the employer (employer) has the right to apply the following disciplinary sanctions: 1) remark; 2) reprimand; 3) dismissal from the municipal service on appropriate grounds.

A municipal employee who has committed a disciplinary offense may be temporarily (but not more than 1 month), until the issue of his disciplinary responsibility is resolved, suspended from the performance of his official duties with the preservation of a monetary allowance. The removal of a municipal employee from the performance of official duties in this case is carried out by a municipal legal act.

7. A representative of the administration of an enterprise, institution, organization has the right to apply disciplinary measures.

In order to have the right to apply disciplinary measures, an employee of the organization must be assigned to the administration group in the organization's local regulatory legal acts: the charter, the PWTR, the regulation on the structural unit. This act must define the scope of his disciplinary power (for example, the right to announce only a remark, reprimand, etc.). In addition, the circle of persons to whom its disciplinary power extends must be determined.

The scope of disciplinary power usually includes the following powers: to give binding instructions; determine labor functions; apply a measure of disciplinary action; apply 1 of the types of incentives; issue an order (instruction) within its competence.

The circumstances of the misdemeanor can be divided into 2 types: mitigating and aggravating punishment.

Circumstances mitigating punishment include such as committing an offense for the first time, through negligence, by a minor, by a pregnant woman, insignificance of harm, etc.

Circumstances that aggravate liability can be considered: repeated misconduct; serious consequences for the organization; intentional actions of the offender; state of narcotic or toxic intoxication; an attempt to hide the fact of the violation; refusal to cooperate with the administration during a disciplinary investigation; involvement in violation of other employees, etc.

When choosing a measure of punishment, the previous work of the offender, his attitude to work, for example, conscientious work or systematic violations, etc. are taken into account. The behavior of the employee is also taken into account - whether or not he repents of committing an offense, how he is going to work in the future, etc.

Classification of violations by severity and a list of mitigating and aggravating circumstances can be included in the PWTR.

8. The commented article refers to the following statutes: Disciplinary statute customs service Russian Federation (Decree of the President of the Russian Federation of November 16, 1998 N 1396); Charter on the discipline of the crews of supply ships Navy(Decree of the Government of the Russian Federation of September 22, 2000 N 715); Charter on the discipline of workers of the fishing fleet of the Russian Federation (Decree of the Government of the Russian Federation of September 21, 2000 N 708); Charter on the discipline of maritime transport workers (Decree of the Government of the Russian Federation of May 23, 2000 N 395); Charter on the discipline of employees of organizations with especially dangerous production in the field of use atomic energy(Decree of the Government of the Russian Federation of July 10, 1998 N 744); Charter on the discipline of employees of enterprises and organizations engaged in the development of gas and oil fields with a high content of hydrogen sulfide (Decree of the Council of Ministers of the USSR of October 30, 1987 N 1216); Charter on the discipline of workers engaged in geological exploration for solid minerals on the continental shelf of the USSR and in the World Ocean (Decree of the Council of Ministers of the USSR of August 6, 1985 N 749); Charter on the discipline of workers and employees employed in the development of oil and gas resources on the continental shelf of the USSR (Resolution of the Council of Ministers of the USSR of December 16, 1982 N 1081); Charter on the discipline of communication workers of the USSR (Resolution of the Council of Ministers of the USSR of April 20, 1972 N 284).

9. See also paragraph 53 of the Resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation Labor Code Russian Federation".

10. The dismissal of an employee as a disciplinary sanction is carried out in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties.

Disciplinary sanctions, in particular, include the dismissal of an employee under paragraphs 5, 6, 9, 10, part 1 of Art. 81 of the Labor Code (see commentary to this article).

Grounds for terminating an employment contract with teacher educational institution(clause 1 of article 336 of the Labor Code) is a repeated within 1 year gross violation of the charter of an educational institution.

Disciplinary sanctions also include the dismissal of an employee under paragraphs 7 or 8 of part 1 of Art. 81 TK.

Labor relations are regulated, as you know, by the Labor Code. When applying for a job, the applicant and the employer enter into an agreement. The document spells out the main conditions labor activity 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, the provisions of local documents. If they are violated, he is threatened disciplinary action. In the Labor Code of the Russian Federation contains a special rule establishing the grounds and General terms application of sanctions to the guilty person - 192 article. Let's consider its features.

General information

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

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

The employer can 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 other, not enshrined in Art. 192 Labor Code of the Russian Federation disciplinary action. Norm must be applied subject to the provisions of Art. 81.

Features of the norm

According to Labor Code of the Russian Federation, to disciplinary sanctions refers to dismissal on the grounds set out in Art. 81 (5, 6, 9, 10 clauses of part 1), 336 (clause 1), 348.11, as well as those provided for in clauses 7.1, 8, 7 of part one of the 81 norm, if the employee’s guilty actions give rise to a loss of confidence in him or he committed an immoral act at the place and within the framework of labor activity.

The application of sanctions that are not enshrined in federal legislation, regulations and charters is not allowed.

According to Art. 192 of the Labor Code of the Russian Federation, disciplinary sanctions should be imputed 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 guilty, unlawful non-fulfillment or improper fulfillment by an employee of the duties assigned to him in accordance with the contract, law and other regulatory (including local) acts.

Misconduct 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 a citizen acted through negligence or intentionally.

Imposition of a disciplinary sanction under the Labor Code of the Russian Federation is not allowed if the relevant violations were committed due to circumstances beyond the control of the will of the person. For example, an employee failed to perform duties due to the lack of necessary materials for work, due to disability, etc.

Wrongfulness

The illegal behavior (inaction/action) of an employee 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 the employee’s refusal to perform production order in the event of a threat to his life / health in connection with the elimination of the corresponding danger.

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

Nuances

Due to the fact that there are no provisions in the Labor Code prohibiting the exercise of the right to such a refusal, in cases where the execution of the relevant tasks is conditioned by a transfer on the grounds enshrined in Article 72.2, the citizen’s refusal to transfer should be considered justified.

Failure to comply with the employer's order to return 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 ahead of schedule without his consent. The refusal of the employee to comply with such an order (regardless of the reason) should be considered lawful.

Types of violations of discipline

As a misdemeanor for which it can be imputed disciplinary sanction under the Labor Code of the Russian Federation, only such guilty unlawful behavior that is directly related to the performance of professional duties can act. A refusal of a person to perform a public task or non-observance of the rules of conduct in a public place cannot be considered a violation.

Violations of discipline in the enterprise are:

• The absence of a citizen without a good reason at the workplace or at work in general.
• Evasion/refusal to undergo a medical examination, special training, attestation, passing exams on health and safety, equipment operation rules, if these procedures are a prerequisite for admission to production activities.
• Refusal without good reason to conclude an agreement on liability if the service with valuables constitutes the main labor obligation of the person and was agreed upon when he was hired by the enterprise, and with the citizen, in accordance with the provisions of the law, the specified contract can be concluded.

Art. 81 of the Labor Code of the Russian Federation

Disciplinary action in it is allowed to apply in connection with:

• Repeated non-fulfillment by a citizen of his labor functions without a good reason if there is a penalty.
• One-time gross failure (violation) of duties.
• Acceptance by the director of the enterprise ( structural unit), his deputy, Ch. by an accountant of an unreasonable 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 head or his deputy, committed once.

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

Exceptions

Given in Art. 192 the list is considered to be exhaustive. The application of any other penalties not provided for by the article is not allowed. For example, it would be unlawful to transfer an employee to lower paid position or the imposition of 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 issued a warning about incomplete compliance with the position held.

Rules for the application of sanctions

They are fixed Art. 193 of the Labor Code of the Russian Federation. Disciplinary sanctions can be imputed only after receiving an explanation from the employee who committed the violation. They are provided in writing. The employee is given 2 days to complete the explanation. If at the end of this period no explanations are provided, the employer must draw up an appropriate act.

It must be said that the failure to provide explanations is not recognized as an obstacle to the application of sanctions against the guilty.

Timing

They are also mentioned in the 193 norm 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 the violation was discovered. This period does not include the days the employee is on vacation, temporary disability, as well as the time allotted to take into account the conclusions of the trade union.
• The sanction cannot be applied after 6 months. from the date of the violation, and following the results of the audit, audit inspection, audit of financial and economic operations - after two years. These terms do not include the time of criminal proceedings.

Only one sanction can be imposed on the perpetrator for each violation. Otherwise, his constitutional rights will be infringed.

All people are different and have a different attitude to work. Ideally, each person should strictly observe discipline and perform the work entrusted to him in good faith. But it also happens: he performs his duties improperly or simply ignores them.

In such a provision, the law provides for appropriate rules for punishing an employee. A disciplinary sanction is a punishment for failure to perform 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, the following punishments exist: remark, 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”, a short-term transfer to a less presentable and lower-paid position.

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

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

After two days from the date of the request for an explanation, in the absence of the latter, the employer has the right to draw up an act where he must indicate the date of the request for an explanation and its actual absence. When an employee is unable to provide a written explanation for whatever reason, it is best for the employer to issue a written notice to the person in order to encourage them to provide an explanation. But you need to do this during the working hours of the person. Next, the employer begins to conduct an internal investigation.

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 properly executed, it must contain the necessary information:

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

It is important to know the time limits within which it is possible to apply a penalty. Term - one month from the day the offense was discovered, taking into account the time hospital employee, if it took place, and the time of agreement with the trade union.

In addition, there is one more circumstance. If six months have passed since the discovery of the fact of 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 two years.

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

The employee has the right to appeal the order on punishment to the labor inspectorate.

The employee, as soon as he signed the contract and began his direct labor functions, immediately receives the rights and obligations specified in the document "job description".

According to the regulations, he must:

• fulfill labor obligations;
• comply with the internal regulations, labor protection standards;
• keep the property in good condition.

Labor discipline is an important component of labor activity. It is fully regulated by the provisions of the organization. These are documents that establish the process of hiring and firing people and other features labor relations. However, the local act of the enterprise should in no case go against the norms of the law.

When an employee ceases to fulfill his direct duty due to fear for life and health, no one will punish him for this.

When choosing a penalty, it is necessary to take into account how serious the offense was and why it was committed. You cannot be fired for a slight violation, otherwise your decision will be invalidated in court.

Dismissal is legally possible only under the following circumstances:

• When an employee with a penalty continues, regardless of the reasons, to evade the performance 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.
• An employee made public a secret known to him due to official duties.
• In case of theft, embezzlement or destruction of property, dismissal is guaranteed immediately upon establishing this fact in court.
• For violation of labor protection conditions.
• If the employee dealt with values ​​and lost the trust of the boss.
• If a person in the workplace made an unreasonable decision, and this adversely affected the financial well-being of the organization.
• If the leader grossly violated his labor obligations.
• If the teacher during the academic year violated the Charter of the educational organization.

In other words, in different industries, different disciplinary measures may be applied, as set out in the Charter, regulations, rules of this organization. Unauthorized measures are not allowed.

For the punishment of civil servants, the above measures are unacceptable.

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

If the punishment is taken against the employee, it valid for one year from the date of issuance of the order. During this period, repeated misconduct may result in automatic dismissal under Article 81. If at the end of the year there were no more comments, then the penalty is considered withdrawn.

At the request of the direct employer or at the request of the employee, as well as on the basis of the request of the manager, the penalty can be removed without waiting for the end of the year. To do this, you need to write a report. HR Specialist has the right to make a special entry about the punishment in the personal file of the employee, more precisely, in personal map. IN work book such information should not be displayed.

The procedure for issuing a penalty

After the immediate supervisor found out all the causes and consequences of the misconduct, he prepared necessary acts, he must send documents to the higher authorities:

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

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

Information about all types of punishments for delinquent employees, about their execution and other important nuances, you can see on the video:

Consequences

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

The employer needs to carefully consider filling out all the necessary documentation. In order to avoid difficulties with each employee, all issues relating to his labor discipline should be discussed individually.

The organization bears responsibility for violation of the procedure for applying the penalty. In case of disagreement with the applicable measure and the complaint of the employee in labor inspection the employer will be reviewed for violations during investigation and disciplinary action.

If the inspection finds a violation, the organization is held administratively liable. The employee will be reinstated in the service through litigation, and he will receive compensation for causing non-pecuniary damage. All expenses for trials and inspections must be borne by the organization. In addition, there will be damage business reputation firms lost credibility.

A reprimand is one of the types of disciplinary action that are used in the field of labor law. Having received a reprimand, employee is obliged about his illegal actions and incur penalties in accordance with legal norms.

A disciplinary offense is the employee's failure to perform his direct labor duties or improper performance. The reprimand is applied by the employer in specific cases. The most severe measure an employer can choose is dismissal. For example, for walking.

As a rule, only two types of disciplinary action are often applied to employees: reprimand and dismissal. The decision is up to the employer. Although, according to Art. 149 of the Labor Code (Labor Code), he must take into account the following factors:
- the degree of guilt of the employee;
- the amount of damage;
- the circumstances that led to the commission of the offense;
- personal.

The legislator provides for dismissal as the most extreme disciplinary measure applied to an employee.

The reprimand should motivate the employee to properly perform his job duties, and, bearing in mind the threat of dismissal, he should not commit more misconduct in the future.

Reprimand is a non-material punishment. For a guilty employee, reprimanding also entails specifically material consequences:
- according to Art. 151 of the Labor Code, an employee cannot count on various incentive measures throughout the entire period of validity of the reprimand;
- a reprimand is considered a reason to deprive an employee of bonuses and incentive payments;
- the presence of a reprimand from an employee affects the determination of the level of qualification;
- according to paragraph 3 of Art. 40 of the Labor Code, a reprimand can be a real reason for dismissing an employee.

What is a remark

Remark is a kind of disciplinary sanction. Her employer can apply to an employee for failure to perform labor functions. An employee may intentionally or negligently commit a misdemeanor. Normal - being late for work.

A remark to the guilty person is applied within the appropriate timeframe: within six months from the date of the misconduct, within a month from the date the fact of the violation was discovered.

An employee cannot be punished for failure to perform labor functions if he was not legally registered for this position.

If an employee has repeatedly received disciplinary action throughout the year, then the employer can rightfully dismiss him.

What is the difference between a reprimand and a comment

There are no characteristic differences between a reprimand and a remark.

In Art. 192 of the Labor Code of the Russian Federation (Labor Code), penalties are arranged in the following sequence: remark, reprimand, dismissal. This allows us to believe that the remark from disciplinary sanctions is the “softest”, and the dismissal is the most severe, which is provided by law for labor relations.

The Labor Code of the Russian Federation does not say anything about the difference between a remark and a reprimand.

These two types of disciplinary actions have the same terms, application procedures and consequences for both sides of labor law.
In paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation states that an employee can be fired for repeatedly failing to perform his labor functions without good reason, and it does not matter what type of penalty, remark or reprimand was previously applied to him.

Reading 10 min. Views 16 Published on 03.06.2018

According to the Labor Code of the Russian Federation, the employer has the right to use various types of penalties against employees who violate their job descriptions or the rules of discipline established by the enterprise. It is important to pay attention to the fact that the employer is given the opportunity to choose only one of the measures to punish employees. The need to apply penalties is due to the creation of the right microclimate in the team, aimed at the effectiveness of the labor process. In this article, we propose to consider the question of what is a disciplinary sanction at work.

Disciplinary sanction is the ability of the manager to punish the employee for any misconduct committed in relation to the labor duties assigned to him.

Types of penalties

According to the rules established by the Labor Code of the Russian Federation, each worker must comply with the organization and job descriptions. Violation of these rules may result in disciplinary action. As a rule, penalties are used against those employees of the company that neglect their own obligations. It is important to emphasize that when bringing to disciplinary responsibility, the employer must comply with a number of mandatory rules. Otherwise, the punished worker may apply to the controlling organizations with a complaint about the violation of his own rights and interests.

It should also be noted that the law prohibits the use of penalties that are absent in the existing normative documents and provisions. This means that at wrong choice methods of punishing an employee, the employer is responsible to the controlling structures. The following are the types of disciplinary sanctions under the Labor Code of the Russian Federation:

• issuing a reprimand;
• issuing a public comment;
• termination of the employment contract.

One hundred and ninety-second article of the Labor Code of the Russian Federation provides a list of the main types of disciplinary sanctions. This document also provides grounds for imposing penalties on an employee. As a rule, the main reason for the use of such measures is the unfair execution of the clauses of the labor agreement. In addition, violation of labor discipline and deviation from job descriptions can become the basis for disciplinary action. It is important to note that the performance of actions prohibited by the internal acts of the company may also result in liability.

Issuing a comment

Public remark - is one of the most relevant methods of punishing violators of labor discipline. This method applies in cases where violations by the employee do not cause material harm to the company. Also, this type of penalty can be used for minor violations. An example of such a situation may be the first violation by the employee during the performance of labor obligations. To make a public comment, a number of conditions must be met. First of all, you need to make sure that the employee familiarized himself with his job descriptions during the employment process. This fact must be confirmed by the signature of the worker.

Before creating administrative documents for reprimanding, the company administration should receive a written explanatory note from the employee. The deadline for submitting this document is two days. In the text of the explanatory note, the employee lists the reasons that led to deviations from job descriptions. This document can serve as proof that the employee himself is not at fault.

This measure is intended labor law and may be in the nature of a remark, reprimand, or even dismissal

A disciplinary sanction in the form of a remark can be issued only if the employee has no good reasons explaining his misconduct. good reasons include the fact of illness, violation of the labor agreement by the administration of the company and the inability to perform their work functions (lack of production raw materials, Supplies or other factors). Determining the degree of validity of the listed reasons is the responsibility of the company's management. In the event that the head of the company decides to use punitive measures, it is necessary to prepare an appropriate administrative document. This document is handed over to the employee for review. The fact of familiarization is confirmed by the signature of the employee.

According to established rules, this type of disciplinary sanction has a certain period of validity. This period is equal to one year from the date of violation of discipline by the employee. It is important to pay attention to the fact that the employee has the right to submit a written application for early removal of penalties. The same right is granted to trade union organizations, heads of departments and the employer himself.

Reprimand

Reprimand - a measure of disciplinary action that can be used by the employer in relation to employees who have violated discipline. It should be noted that in existing laws there are no criteria that correspond to this type of penalties. In practice, this measure of punishment is used for violations of moderate severity or regular minor misconduct. Examples of such situations can be: absenteeism, regular lateness to work, deviation from safety regulations and poor performance of labor obligations.

Also, this type of punishment can be used for violations that are not subject to administrative liability. Such a measure can be used in relation to those workers who refuse to take advanced training courses or a mandatory medical examination.

Another reason for issuing a reprimand is the creation of a force majeure situation that caused material damage to the company. In this case, the administration of the company must prepare an appropriate order. According to the current legislation, the employer has the right to impose penalties on the employee, within six months from the date of fixing the fact of the misconduct of the worker. After this period, the employer has no right to use such penalties.

The choice of disciplinary sanction is determined by the employer, based on the specific situation

Often reprimands are used as a more severe form of punishment for workers. This type A disciplinary sanction may be issued after a repeated misconduct by the employee, carried out after receiving the notice. It is important to pay attention to the fact that the employer does not have the right to use several types of sanctions for one misconduct of the worker. It should also be mentioned that the head of the company must have good reasons for choosing this measure. Otherwise, the employee who has received a reprimand can challenge the decision of the management by contacting the regulatory authorities.

All of the above explains the need to comply with the rules of this process. In order to issue a reprimand, the management of the company must attest to the fact of the violation. For this, the head of the department where the employee who violated discipline works draws up a memorandum. This document lists violations and describes events that are relevant to the issue under consideration. The memorandum must without fail contain the date of the force majeure situation, a list of circumstances contributing to its occurrence, as well as a list of persons involved in this process.

The employee of the company is given the right to submit an explanatory note explaining the circumstances preceding the violation. According to the Labor Code, the employer does not have the right to require the provision of this document without fail. It should also be noted that the fact of reprimanding is recorded in the employee's personal file. It is prohibited by law to make notes in the employee's personal documents (work book). In addition, it must be said that the fact of imposing penalties may be the basis for depriving an employee bonus payments and other additional incentives. However, the very deprivation of the award is not a disciplinary sanction.

The duration of the reprimand is twelve months from the date of its issuance. This means that after this period of time, penalties are removed from the employee. There are a number of situations in which the penalty may be lifted before the expiration of this period. Each employee is given the opportunity to submit an appropriate request to the management of the company. It is important to note that the decision to withdraw the reprimand ahead of schedule rests with the company's management. As a rule, a positive decision is made in situations where the employee does not interfere with the internal investigation and voluntarily submits an explanatory note.

Punishment in the form of dismissal

What types of disciplinary sanctions are provided for by the Labor Code of the Russian Federation? Considering this issue, it is necessary to elaborate on such a measure of punishment as dismissal. D This type of penalty is used for misconduct that caused material damage to the company. It is important to note that the choice of this type of punishment is the right of the employer. In order to dismiss an employee who has violated job descriptions or discipline, it is necessary:

1. Evidence of repeated violations of the discipline established at the enterprise (the fact of deviation from the fulfillment of their labor obligations, systematic delays and other violations).
2. Record a one-time offense of a serious nature (unreasonable absenteeism, being on the employer's territory in a state of intoxication, theft, disclosure trade secret and other confidential information).

Art. 192 of the Labor Code of the Russian Federation states that when imposing a disciplinary sanction, the employer is obliged to take into account the circumstances and severity of the misconduct

In the cases under consideration, it is very important to correctly arrange all Required documents. All events must be supported by the written testimony of witnesses to the violation. The violator is given two working days to provide an explanatory note. Further, the management of the company prepares an administrative act. A copy of the order is given to the employee. The act of imposing a disciplinary sanction is the basis for preparing an order to terminate the employment contract.

According to the established procedure, the employer must pay the dismissed employee. During the paperwork, a special note is recorded in the work book about the reason for dismissal. It is important to pay attention to the fact that the employer is given a period of one month to process this type of penalty. Separately, it should be noted that the employer does not have the right to dismiss an employee who is on vacation. It is also mandatory to ask the employee to provide an explanatory note. Failure to comply with these rules may be regarded as illegal actions on the part of the company's management.

Procedure for the use of penalties

Disciplinary action is one of the strict methods of controlling company employees in order to maintain discipline and achieve high performance. Refusal to use such practices allows employees to feel impunity and commit various violations. The punishment for minor offenses can be both a verbal warning and an educational lecture. In the event that light penalties do not bring the desired effect, the employer can use more severe penalties.

The list of types of disciplinary sanctions is given in Article 192 of the Labor Code.

As mentioned above, in relation to employees who have committed a misconduct, such penalties as remark, reprimand or dismissal can be used. These types of penalties can be used in case of refusal of employees to fulfill their contractual obligations, in case of violation of discipline or systematic delays. It is important to note that heavy sanctions are applied only to violations such as damage to personal property of the company, theft and other offenses of a similar nature.

Next, we propose to consider the procedure for applying penalties. At the first stage of this procedure, the management of the company draws up an act indicating a violation by the employee. After that, the company administration should ask the employee to state the reasons for these events in writing. The deadline for submitting an explanatory note is two business days. In the absence of an explanatory note, the head of the company draws up an appropriate document.

A disciplinary sanction cannot be applied to an employee who refuses to perform duties not specified in his employment contract

Further, the administration of the company determines the severity of the employee's fault and selects the appropriate type of punishment. At this stage, it is very important to carefully study all available documents in order to assess the nature of the violation. It is important to note that in the absence of an evidence base, the employer does not have the right to punish the employee. final stage is the preparation of an order for the issuance disciplinary punishment. According to the established procedure, for one violation, only one of the types of penalties can be used.

In the administrative documents on the appointment of a disciplinary sanction, it is necessary to provide complete information about the punished employee. This means that this document must contain the full name of the employee, a note on his position and other information. The following is a reference to internal acts that are the basis for the application of penalties. The issued order is transferred to the employee for review. The fact of familiarization is confirmed by the presence of the signature of the culprit. In case of refusal to sign the order, the company's management needs to prepare an appropriate document, which is certified by two eyewitnesses.

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