The procedure for imposing a disciplinary sanction on an employee

The procedure for imposing a disciplinary sanction begins directly with the investigation of the incident itself and ends with a fine, reprimand, or even dismissal. In some cases, all three types of punishment are applied if the offense was too serious. These are the most common varieties. But it should be noted that they are not the only ones. Depending on the situation, a decision may be made to apply a different type of punishment. It must not be against the law.

The concept of disciplinary action

In order to better understand the problem, you need to clearly understand what it is. The types and procedure for imposing a disciplinary sanction will be discussed in more detail below, and in this paragraph we should dwell on the concept itself from the point of view of legal relations. Thus, the main subjects are directly the employee and his employer. They act on the basis of the duties and rights that they have in accordance with the law and concluded agreements. So, in the Labor Code of the Russian Federation there is only an indication of what the employer can do, but if you study this document in detail, you can also find information about what is available or not available to the employee. For example, he has the right to find out the progress of the check, its results, get acquainted with the documents, and so on. Among other things, he can also express his opinion, attitude, or even evaluate the actions of the inspectors, the data provided and other similar factors. In addition, if necessary, the employee has the right to demand additional inspections, audits, involve third-party specialists, trade unions and other persons who may in any way affect the final result of the investigation.

Violations

There are a huge number of misdemeanors, the result of which is the beginning of proceedings and an internal investigation. The procedure for imposing a disciplinary sanction implies that the employee must first be accused of something and prove the fact that he is responsible for the situation. Most minor, relatively minor episodes are resolved privately. It is enough just to talk with a potential culprit, point out to him the inadmissibility of such actions, threaten him with possible consequences, and so on. Usually, this is more than enough to ensure that situations do not recur in the future (or this happens as rarely as possible). However, in another case, when the actions (or inaction) of an employee caused serious financial losses, there was a threat to the life or health of other people, and so on, there really will be a need to conduct an internal investigation.

Types of penalties

The labor code contains a fairly limited list of punishments for the culprit. Nevertheless, there is a proviso that it can be changed or supplemented at the request of the employer, if applicable to the current situation. The procedure for imposing a disciplinary sanction on an employee suggests that you first need to choose what exactly the fine will be. This may indeed be a “ruble” punishment, that is, the employee will be obliged to compensate for all the expenses of the company that it has incurred due to his misconduct. In another, less serious case, only a written reprimand can be dispensed with. But if, as a result of a misconduct, the situation absolutely got out of control, led to victims, significant losses, and so on, the dismissal of the culprit may follow.

Procedure

The first thing a potential culprit can do is write an explanation of what happened from their point of view. In some cases, the position of the employee will absolutely not agree with what the prosecution says. In principle, he is not obliged to do this, but without an explanatory commission, which will understand the problem, it will not be able to take into account another point of view. So, if the employee does not want to write anything, he is given another two days, after which a special document is drawn up, in which this fact is recorded. Further, the procedure for imposing a disciplinary sanction under the Labor Code of the Russian Federation assumes that all evidence and evidence of actual guilt is collected. If everything is collected, the commission makes a decision taking into account all the information received. Be sure to take into account any factors that, one way or another, can mitigate the fault of the employee. The next stage is the most difficult. The employer has the right to punish the culprit to the fullest extent or simply have an educational conversation with him. What to choose - it's up to him. It is necessary to focus on the relationships that have developed in the team, the identity of the culprit, its importance for the enterprise, the number of violations in the past, and many other factors. Punishing harshly right away may not always be beneficial. Sometimes it is quite enough to simply explain the degree of guilt and stipulate the conditions for further cooperation. In another situation, a really serious punishment may be required - up to and including dismissal. It is issued in a separate order.

Documenting

As you can see from the previous paragraph, there are several basic papers that must be drawn up in the process of an internal investigation and the subsequent imposition of punishment. The first one is explanatory. Nowhere is it indicated in what specific form it will be drawn up, but they usually write to whom it is addressed, from whom, state the very essence, date and sign. But if the offer to describe one's point of view is refused, then a special act is already drawn up. It should contain information about where and when the paper was drawn up, who compiled it, with respect to whom, a description of the reason, and the process of refusing to write explanations is recorded. All further documents practically do not have any requirements for registration. The only exception is the direct order to impose a punishment. It is drawn up in a standard form for such documents and is offered for signature to the culprit. He may refuse to sign the order, but in this case another act is drawn up, similar to that described above.

Timing

The procedure for imposing a disciplinary sanction has a certain time limit. An employee cannot be punished if more than a month has passed since the misconduct. It should be remembered that this period does not include holidays, sick leave, and the like. That is, you can not commit a misdemeanor and not get punished. In addition, if the trial process has already begun, it must be completed within six months, otherwise it is again impossible to punish. But if, according to the results, an audit was required, then the time during which punishment can be imposed increases to two years. Separately, it should be noted the deprivation of the award. It is not included in the list of punishments, so even without the trial itself, you can deprive the potential culprit of such payments.

Cancel

In many cases, the procedure for imposing a disciplinary sanction on an employee and appealing it implies a certain period of punishment. Most often this is a one-time action such as a monetary fine. But sometimes, especially in large enterprises, there may be other types of long-term penalties. The simplest example is the deprivation of certain allowances (if it is permitted by law) for an indefinite period. In this case, 1 year is always considered. Thus, after the term of punishment is over, the employee, his immediate supervisor or other interested person may demand that the punishment be removed. This can be done earlier if the perpetrator really atoned for his actions that led to the recovery.

Features for the military

The army has its own orders, somewhat different from those used in a normal situation. For example, the procedure for imposing a disciplinary sanction on a serviceman does not imply an explanation of the perpetrator of the incident. In addition, the very severity of the punishment may directly depend on the rank of the military officer who committed the offense. If the problem arose when a citizen serving in the army is on combat duty, this can serve as an aggravating factor.

The military does not have many reasons that can be considered valid. The timing also differs. In most cases, the punishment follows immediately after the offense or the next day. The maximum period is 10 days. Over the next decade, the perpetrator can file a complaint if he does not believe that the punishment is fair. If at the time of the incident the soldier is on duty, then the penalty is assigned the next day after the change of outfit. The military, whose fault is drinking alcoholic beverages, are punished only after they sober up. Separately, it should be noted that the higher command can both cancel the penalty and toughen it, if such a need arises.

Civil servants

For this category of workers, almost the same rules apply as for ordinary employees of private companies. But the procedure for imposing a disciplinary sanction on a civil servant also implies deviations. The main one can be considered that, in addition to the Labor Code of the Russian Federation, when punishing the culprit, the Law on the Status of Military Personnel can also be used. This does not apply to all civil servants, but this factor must be taken into account. Among other things, the main document is also different. In the case of an employee of a private company, the base is But for civil servants, such a concept does not exist. In their case, a special service discipline is applied. It is governed by laws and regulations.

Law enforcement agencies

The procedure for imposing a disciplinary sanction on a police officer is established by a special Regulation on the service in. If you delve into the essence of the problem, it becomes clear that there are not so many main differences from the Labor Code of the Russian Federation. One of them is a more extensive list of possible punishments. If in a normal situation with an employee of a private company, a fine, reprimand or dismissal acts as a penalty, then in the police this list is a little more extensive. The culprit may be demoted in rank or rank. He may be deprived of a badge or issued a warning that the employee does not fully correspond to the place he occupies. In addition to the usual reprimand, there is such a thing as a "strict reprimand". As the most extreme measure, the procedure for imposing a disciplinary sanction in the Ministry of Internal Affairs involves dismissal from the bodies. It should be noted that in most cases a written explanation from the perpetrator is not required.

Outcome

The Labor Code of the Russian Federation is taken as the basis for all options for investigation and punishment. Even when the problem concerns military personnel, the Ministry of Internal Affairs or civil servants, this document is still the basic one. The existing differences, although significant, are not global, and the general procedure for imposing a disciplinary sanction still implies several basic steps: committing an offense, establishing guilt, punishment and rehabilitation.