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Order on punishment in electronic form. Disciplinary sanction, sample order

Disciplinary action- This notice, reprimand and dismissal. Based on the norms of the law, the imposition of a disciplinary sanction in the form of a remark is softer consequence, compared with a reprimand.

Disciplinary sanction in the form of a remark, the consequences suggest harsh criticism employee actions. Perhaps his insufficiently professional attitude to business or shortcomings in the results of work.

The pronunciation is already a sharply negative attitude of the management of the organization to the behavior of the employee, to the miscalculations he made, which entailed some consequences for the entire team.

Such a disciplinary sanction (reprimand), as it were, shows that it is " last warning' before being fired. Such situations should not happen again.

May have a disciplinary sanction (remark) consequences that are established by the organization. For example, for the note withdrawn 20% monthly bonus , for reprimand - full depremation.

Such disciplinary provisions make sense in large organizations with thousands of employees. So-called " corporate ethics» involves the use of a flexible and objective system of rewards and punishments.

If we turn to the realities of the majority commercial organizations, then the remark, as a disciplinary sanction (order) is no different from a reprimand. The Labor Code allows employees and firms to independently agree on a system of penalties for misconduct within the framework of labor relations, but in practice this does not happen. Enough verbal reprimands and deprivation of bonuses.

Severe reprimand Is it a disciplinary action or not?

Such a term as "severe reprimand" Russian laws do not.

The origins of this penalty are in the labor relations of Soviet times, where there was a whole scattering of various disciplinary sanctions for every taste.

System market relations made its own adjustments: a reprimand, a remark is a disciplinary sanction, they are more than enough to differentiate responsibility.

Application

An order for disciplinary action in the form of a reprimand or remark is possible only on strictly formal grounds. The employee did not fulfill the duties assigned to him or ignored the order of his supervisor.

All the duties of the employee must be spelled out in his job description or in the regulation on the department where he works. In addition, there is a certain mode of operation, the daily routine.

If an economist decides not to sit at work overtime or refuses to help unload a truck, then he cannot be held accountable for disciplinary action.

Disciplinary action: remark (sample) or reprimand most often used for:

Systematic delays. The easiest way to track - the system of passes in the office building or a video camera with a set shooting time will give objective information.
Delays in assignments(for example, a delay in a scheduled report). Such instructions must be given in writing. Failure to comply with the oral requests of the authorities can not be proved later in the proceedings.
Dereliction of duty which caused material damage or other negative consequences for the organization. The employee forgot to issue any document, submit an application to government agency or made some other mistake.

Sample order for disciplinary action (remark) impossible to issue for subjective assessment of the employee's actions. For example, "for the lack of perseverance applied when working with clients."

But if the client has filed a formal complaint against the employee, then documentary confirmation low level of professionalism of the subordinate.

Paperwork

After the discovery of an employee's misconduct, it is necessary to document. Make up if a person was late or was absent from work without a good reason. Or get it from your immediate supervisor, if official duties have not been violated.

After that, you should receive a written letter from the employee, which would explain the reasons and motives for his behavior.

Based on these documents, a collection is made. There is no mandatory form for such an order. Order example on disciplinary action (remark) must contain the following information:

whom should be held accountable (indicate full name and position);
for what offense: briefly describe the nature of the violation and indicate the date;
grounds for attracting: details of the act, memorandum or other document where the violation was recorded;
type of penalty. For example: an order for disciplinary action in the form of a remark. Additionally, you can specify other negative consequences that will occur for the employee. For example, "to announce a reprimand and deprive the quarterly bonus."

The employee must study disciplinary order (reprimand or remark) and sign it within three business days.

Reprimand and remark, as a disciplinary sanction, how to issue? It should be noted that such an order must be issued no later than a month from the date of discovery of the misconduct of the employee.

Here you can download:

Consequences for the worker

Labor legislation does not imply any negative phenomena due to the application of a disciplinary sanction to it.

From a legal standpoint, the employee will be in a state of "violator" labor discipline another year after being subjected to disciplinary action. Perhaps he will feel some moral pressure in connection with a reprimand or remark in a personal file.

The natural result of disciplinary responsibility is application of additional measures of influence on the employee from the side of the authorities:

deprivation of bonus;
withdrawal of interest. For example, an employee received additional money for high results in labor, but, in the light of violations of labor discipline, it would be illogical to recognize his work as worthy of additional payment;
. In many companies, vacations during the summer months are a serious reward for employees.

Repeated disciplinary offenses become grounds for dismissal of an employee. This fact is the most common reason for a remark or reprimand.

Hardly a good specialist for the only delay they will "mark" with a reprimand. Most likely, the boss will be satisfied with verbal suggestion and receiving written explanations.

Therefore, an official reprimand in compliance with all formalities is for an employee final warning- if this happens again, labor Relations terminate in accordance with the law.

Appeal

Disciplinary action in the form of a reprimand can be appealed by the employee if he does not agree with the order of the head of the organization. This can be done like at the state labor inspectorate, So and in judicial order . Justices of the peace hear such cases at first instance.

As you can see, the employer does not apply the penalty from scratch. At least he has two documents: Act or memorandum, confirming the non-fulfillment of duties by the employee, and explanatory note of the violator.

An employee who received a disciplinary sanction in the form of a reprimand (a sample order is located), upon appeal, will have to collect evidence being right, which can be very difficult.

Read more about how a disciplinary sanction is lifted.

Do not rely on the testimony of colleagues- they want to continue their career at their current place of work, and speaking out against the authorities in court is guaranteed to lead to an early dismissal.

A disciplinary order (sample), it will not affect your reputation in a new place of work. On the other hand, the lawsuit will finally spoil the strained relationship with the head of the organization.

Removal of penalty

Imposing a disciplinary sanction- a time-consuming procedure that requires compliance with all legal formalities. It is better not to bring the matter to official reprimands and remarks, to use other methods of influencing employees.

There is always a possibility to find a compromise to smooth out the conflict. This will help increase productivity further.

A sample order for disciplinary action can be established in specific organization, but the document does not have an approved template.
It is signed by the head of the enterprise, the employee is given for familiarization against signature, the restrictions continue to operate throughout the year.

In the absence of an employee on site in work time or failure to fulfill their duties, the employer may draw up an order with a punitive punishment.

It is presented for review against signature. The document is recorded in the register of orders.

He does not have unified form, there are no strict requirements regarding compilation.

What forms can collection take?

Along with incentives for conscientious workers, including, the legislation provides for the imposition of penalties.

It is appointed in cases where a disciplinary offense has been committed.

These include:

absence during working hours at your place without good reasons;
failure to fulfill the duties imposed by the job description;
waiver of claims that are provided for by law, employment contract or job description (for example, a dress code for employees).

Depending on the severity of the misconduct, the employer needs to decide what type of punishment will be applied in a particular case.

Provides three options:

comment;
rebuke;
dismissal.

Of the above methods, a disciplinary sanction in the form of a remark is not such a serious measure.

In fact, it is a warning that the next time a similar misconduct will be followed by a more significant punishment.

The procedure for imposing a penalty

The legislation allows the employer to impose a disciplinary sanction in the form of a reprimand, remark and measures specified in the Labor Code or the Charter of the organization. The use of other methods is not allowed.

Important:Only one penalty can be imposed for each misdemeanour. For example, if an employee shows up to the office drunk, you cannot be disciplined in the form of a reprimand and subsequently fired for the same incident.

If the director has recorded a violation on the part of the employee, he has the right to impose a disciplinary sanction in the form of a remark or in another way within a month from the date of discovery.

Moreover, this period does not include the days that the employee spent on sick leave or vacation.

The time for coordination with the trade union or other body is also not taken into account.

To impose a disciplinary sanction in the form of a reprimand or in another way, the director must meet the following deadlines:

in case of a clear violation - 6 months from the date of the offense;
in case of a violation that was discovered during the audit, this period is extended to two years.

What an example looks like

The director's order for disciplinary action does not have an established template. An example form looks like this:

The title of the document (namely, the title of the order).
Order number, date of issue.
Company details.
Main part. The reason for imposing a disciplinary sanction is detailed here. The type of violation, the type of restriction (in the form of a remark, reprimand, dismissal) is indicated. Enter data about the employee who committed the misconduct and information about official responsible for complying with this regulation.
, the signature of the head (for example, the general director of an LLC, arranged, like an employee, by).
Signature of the employee confirming that he is familiar with the text of the document.

Together with the order on disciplinary action, filled out according to the model of the organization, a package of papers is submitted, including:

memorandum for this employee;
an explanatory note that allows you to get a complete picture;
if available, documents confirming a valid reason for the misconduct.

A disciplinary sanction may also be imposed on the director of the enterprise.

He, along with other employees, must comply with labor law.

In such a situation, organized extraordinary meeting LLC members.

Based on its results, a protocol is drawn up, and on its basis an order is issued.

Order drafting plan

To prepare an order for disciplinary action, you need to read the written explanations of the offending employee.

Before an order is issued, several stages must go through.

Establishing the fact of a disciplinary offense. As a rule, this happens when a memorandum is submitted to the director. From the day the manager got acquainted with it, the deadlines specified by law are counted.
Writing an explanatory note by an employee. He has 2 working days to do this. Explanations will help assess the severity of the misconduct. If punishment threatens for being late or for absenteeism, establishing the reasons can mitigate the situation. When an employee refuses to provide an explanatory note, this is recorded in an act. But in itself, such a refusal will not be the basis for imposing a penalty.
Employer's assessment of the causes of misconduct.
In the case when the reasons seemed to the director disrespectful, he fills out an order for disciplinary action following the model of the organization.

The legislation does not distinguish which reasons for being late or absenteeism can be considered valid, and which ones are not.

Here everything remains at the personal discretion of the management.

If the situation is complicated, and it is not possible to find out how serious the misconduct and its consequences are, an internal investigation is carried out. It is carried out by a commission approved for this purpose.

Such measures are appropriate in cases where the misconduct has led to an accident and similar serious consequences.

When is the disciplinary sanction removed?

Article 194 of the Labor Code provides that a disciplinary sanction in the form of a reprimand or remark may be withdrawn. Two situations are possible:

if the employee no longer committed misconduct, the penalty is canceled after a year;
by order of the head, it can be withdrawn before the expiration of one year.

If the restriction is lifted after the expiration of the established period, no separate order is required.

However, if it is canceled ahead of schedule, this fact must be documented.

A unified form is also not provided for an order to cancel a disciplinary sanction.

The document includes the following items:

Date of signing and order number.
Employee data - full name, position, personnel number.
Information about the imposed punishment - type, date and number of the order.
The reason for early cancellation (this may be diligent execution job duties etc).
Grounds for cancellation (for example, employee's application, immediate supervisor's application).

Just as in the case of an order to impose a penalty, the employee must put his signature confirming that he is familiar with the document.

If, after punishment, he was not made bonus payments, now their enumeration needs to be restored.

There is no single sample filling for an order for disciplinary action.

It is imposed in the form of a remark, reprimand or dismissal.

Restrictions remain in force for a year, after which they are automatically removed.

It is the duty of every employee to fulfill his labor duties conscientiously. At the same time, unfortunately, no one is immune from mistakes. In case of non-fulfillment by an employee of his work, or its improper performance, this is considered a disciplinary offense. This type of violation requires the employer to enforce penalties. For this it is necessary competent compilation an order that gives the right to such an impact (and there is also an order that removes it). As a result of its incorrect execution, the employer is deprived of this right, so it is important to understand this issue in more detail.

If you need to issue an order for a disciplinary sanction based on the results of an audit by the prosecutor's office, then on this issue you can refer to the material of the article at the link.

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

Along with incentives, the Labor Code of the Russian Federation provides for only 3 types of disciplinary sanctions for improper work of employees. They are the following:

comment;
rebuke;
dismissal.

The issue of disciplinary sanctions imposed on employees is discussed in more detail in the article at the link.

Reprimand is the simplest punishment. It consists in a verbal warning by the head, or it can be issued in the form of an order, however, no fixation occurs in the work book. A reprimand is formally issued, which is provided for more serious violations. Dismissal is provided if gross violations of labor regulations and legislation have been made. This punishment is already prescribed in the work book and has certain negative consequences.

About how an order is drawn up in order to “launch” a reprimand for improper execution official duties, an example of its design and features of employee notification - all this can be found.

The most severe form of disciplinary action

The most severe form of disciplinary action is dismissal. As a rule, it is provided for gross repeated violations. This is not only a reason to seek new job, but also an entry in the work book, as a result of which it will be more difficult to get a job in the future. Even if the dismissal was undeserved and you are innocent of what you did, it is extremely difficult to prove this to a new employer.

The grounds for applying this penalty are as follows:

systematic absenteeism;
alcohol or drug intoxication;
disclosure of secrets;
actions that caused an accident or an accident;
theft.

At the same time, each point may have its own nuances. For example, you cannot be fired for one absenteeism. There should be several of them, and a more loyal look should be applied earlier.

What types of disciplinary sanctions cannot be applied to an employee

There are a number of punishments that are often applied by employers, but they cannot be called legal. These include:

fines;
deprivation of the award;
bringing to liability;
temporary reduction of the social package.

The deduction of a part is called a penalty. Money from wages employee. The imposition of a fine is not provided for by law and therefore this action is illegal. For this, the employer bears administrative and sometimes criminal liability.

The deprivation of a bonus may have legal grounds if this measure of punishment is spelled out in the internal documents of the organization. Relatively liability, then it can be attracted only in case of damage to property and the need for its compensation. It is possible to deprive an employee of the social package if the obligation to provide it is not spelled out in normative documents companies.

By the way, it is written about situations in which an order for suspension from work due to alcohol intoxication is required.

Order for disciplinary action

If the employer intends to impose a disciplinary sanction, he is obliged to draw up an order to this effect, and then require an explanatory note from the employee. It is issued on the condition that the guilt of the employee is fully proven. The employee is introduced to without fail within 3 days when the employee is present at the workplace. It is provided for the writing of an act in the event of an employee's refusal to familiarize himself. The presence of several orders with penalties imposed can serve as a reason for dismissal. This right is regulated by paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

Sample of a disciplinary sanction in the form of a comment

Like many other documents, filling out an order for remark is arbitrary. The key is to provide the following information:

name of company;
number, date and name;
reasons for the application, type of violation;
grounds for issuing a comment;
responsible person for execution;
signature of the head and offender, seal.

Although reprimand is the lightest type of punishment, however, with its regular nature, more serious consequences generally occur.

Order on disciplinary action in the form of a reprimand - sample

A sample order for a reprimand is written according to a standard template. The main difference is only the corresponding type of punishment. Although the samples are not fixed by law, at enterprises I usually provide a developed form for writing them.

This type of punishment is considered more substantial. Upon receipt of the second, it is already possible to dismiss the employee from the organization. It should also be noted that this violation is also not indicated in the work book. Moreover, if it is regular, then such a mark is quite possible.

Sample order for the imposition of a disciplinary sanction in the form of dismissal

As in the case of other types of violation, the dismissal order is preceded by the writing of an explanatory note. Only after a decision has been made on the gross misconduct of the employee, the employer has the right to draw up such an order. Its content is the same as for any other disciplinary sanction. However, more weighty arguments and documentation are needed here, since this is the highest measure of punishment in the enterprise. Samples of all orders can be downloaded on our website.
Thus, disciplinary sanctions differ in their severity and for a certain misconduct, only one of them can be applied by issuing an order.

A disciplinary sanction is the responsibility for committing a disciplinary act.

A disciplinary offense is a guilty, unlawful failure to perform or improper performance by an employee of the labor duties assigned to him (violation of the internal labor regulations, job descriptions, regulations, orders of the head, technical rules, etc.).

Failure to perform or improper performance of duties for reasons beyond the control of the employee cannot be considered guilty. (for example, in the absence necessary materials, disability).

Article 192 Labor Code RF gives an exhaustive list of disciplinary sanctions:

comment;
rebuke;
dismissal for appropriate reasons.

In accordance with Article 193 of the Labor Code of the Russian Federation, before applying a disciplinary sanction, the employer must request a written explanation from the employee. A memorandum from the manager is usually attached to the explanatory note of the employee. structural unit. These documents, together with the act, serve as the basis for making a decision on disciplinary action.

If, after two working days, an explanation is not provided by the employee, then an appropriate act is also drawn up. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

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

For each disciplinary offense, only one disciplinary sanction may be applied.

In addition, when imposing a disciplinary sanction, it must be taken into account that the terms of its application are legally limited.

A disciplinary sanction is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill or on vacation.

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

The imposition of a disciplinary sanction is formalized by the order (instruction) of the employer.

This order must contain the following details:

the fact (type) of violation of labor discipline,
the time of its occurrence or discovery,
documents that served as the basis for issuing the order,
type of claim.

The draft order is endorsed by the immediate supervisor of the employee who has committed a disciplinary offense, the head of the structural unit, the head of the personnel department.

Usually, the order to impose a disciplinary sanction is issued in one copy.

In practice, it is advisable to make several copies of the signed order after the employee has familiarized himself with it: the first copy - the original - is filed into the outfit (orders according to personnel), the second copy - in a personal file, the third - for an employee.

The employer's order to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If an employee refuses to see specified order against signature, then an appropriate act is drawn up.

In accordance with Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books” (as amended by Decree of the Government of the Russian Federation of 06.02.2004 N 51), information on penalties in work book are not paid, except in cases where the disciplinary sanction is dismissal.

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

Separate consideration deserves the issue of lifting a disciplinary sanction.

In accordance with Article 194 of the Labor Code of the Russian Federation, if within a year from the date of application of a disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction. Those. after a year, the penalty is removed automatically without issuing any special order.

In this case, if a new penalty is imposed on an employee who already has a penalty before the first one is lifted, both penalties are taken into account.

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

Theoretically, the penalty can be removed at any time during the year from for its imposition, but in practice it is advisable to remove the penalty no earlier than six months.

On the early removal of a disciplinary sanction, an order is issued signed by the head of the organization.

The order for the early removal of a disciplinary sanction must contain the following details:

the reason for the removal of the disciplinary sanction,
number and date of the order to impose a penalty
grounds for withdrawal

An employee from whom a disciplinary sanction is removed ahead of schedule is considered not to have been sanctioned.

Usually, an order to remove a disciplinary sanction is issued in one copy. In practice, it is also advisable to make several copies of the signed order after the employee has read it: the first copy - the original - is filed into the outfit (orders for personnel), the second copy - into a personal file, the third - for the employee.

The employer's order to remove the disciplinary sanction is announced to the employee against signature.

Disciplinary punishment is not the most pleasant phrase. Everyone knows perfectly well what follows these two words. Therefore, this topic should be considered in the closest possible way - after all, in this case, the more you know, the better you sleep.

Types of disciplinary sanctions

Let's start by characterizing this concept in accordance with the legal norms that regulate it. It is closely connected with the logical reason for its appearance, namely, the violation of labor discipline. Any offense that violates the work schedule adopted in the organization falls under this definition. Lateness, absenteeism, unreasonable leaving of the workplace assigned to the employee, even a mess on it - are punishable by the imposition of certain sanctions, the last resort of which is dismissal.

1. Remark;
2. Reprimand, with or without a record in a personal file;
3. Dismissal justified by legal grounds for this action.

As you can see, they are arranged in order of increasing severity of the resulting consequences. If the remark is a kind of warning, and the reprimand is a suggestion, an indicator that the employee should be equal in his actions to a model of discipline, then the last point indicates the highest degree of loss of confidence.

Separately, the Labor Code of the Russian Federation states that other types of disciplinary punishments are provided for certain categories of working citizens. Let's say for materially responsible persons, the penalty can be monetary, realized, as a deduction of part of the salary funds or as a deprivation of the bonus. The use of the latter method is often practiced in the case of employees who do not perform production plans in the required amount.

Reasons for disciplinary action against an employee under the Labor Code of the Russian Federation

The main prerequisite for this kind of action on the part of management can be any act of an employee related to the failure to fulfill his job duties. Failure to do so is also a reason for punishment.
In essence, both a negligent attitude to work and a banal lateness without good reason, and unreasonable early departures may well be the reason that you will be applied to something from the list of measures named under the previous heading - both a simple remark and a reprimand and dismissal.

Form and example of a disciplinary order

There is no mandatory form of the order, but this document is subject to general bureaucratic norms.
The order must have:

In the header - the name of the company and details.
The name of the order, its number and the date of compilation are indicated next.
After that comes a part of the rationale: a description of the violation, the full name of the offending employee, the wording of the offense, indicating the article or legal act on which it is based.
The main part ends with a bureaucratic formulation of the assigned responsibility, the grounds and the verdict issued by the management are indicated: dismissal, fine, reprimand or remark.
The last item is signatures. A sample order must have a line for the autograph of the director or the person replacing him, as well as a place for the signature of the employee in question.

In more detail and clearly, the basic rules for drawing up an order can be seen in a sample of this type of paper. They are easy to find by copying the subtitle of this part of the article into the search bar of the browser. In the following, we will indicate several links with the relevant collection orders.

Samples

Getting the order right will help. model form, available for download . Here it is important to indicate the reason why it was decided to hold the employee liable. It is also important to attach evidence to the document when we are talking about such a serious measure as dismissal.

In the form of a reprimand
absenteeism order

The imposition of such a punishment only seems to be a superficial measure. In fact, this gives the employer the full right to deprive the subordinate of the bonuses stipulated by the contract, so it is important not only to know work schedule but also observe it in the workplace.

Appealing an order to impose a disciplinary sanction - the procedure for appealing

Of course, a person subjected to punishment may well be dissatisfied with the fact that such was imposed on him. Its removal is initiated by appealing the decision made by the management in the relevant authorities:

In a court;
Commissions on labor disputes;
IN labor inspectorate municipality.

Mere desire or seething discontent is not enough for conversion. This action must be accompanied by objective reasons: incorrect execution of the decision, incompetence of sanctions actions, violation of the procedure for imposing (for example, the absence of a written explanation for committing a misconduct) and other omissions of the leadership.

The deadline for appeal is three calendar months. Completion of the Application for Appeal must be done within this period. Upon dismissal, a month is allotted to restore a good name.

Sample order for the removal of a disciplinary sanction

The issuance of such a decision to remove must have motivation - the petition of the employee.

It states:

Description of the motivation that initiates this action of the paper, the reasons for the withdrawal;
Name of the employee and position;
The content of the decision;
The basis for its removal.

Signatures of responsible persons are required!

What are the consequences of refusing to sign a disciplinary order?

Just drawing up an act of refusal to sign. An action cannot have any consequences. An employee can familiarize himself with the order, but refuse to sign it, regardless of the punishment imposed: reprimand, remark or dismissal.

Refusal to sign such a document is a form of expressing one's disagreement with its content.