A disciplinary sanction, to put it simply, is a punishment that is imposed on an employee of a company if the latter violates his work (i.e., labor) duties.

This penalty, with evidence, can be imposed on any of the employees of the company, regardless of their specialty.

An undocumented violation, or an inaccurately executed one, has no legal force.

Application of disciplinary action

The penalty is imposed on the employee who violated his labor duties. This violation will mean not fulfillment at all, as well as poor-quality performance by the employee of his duties (labor), but only through the fault of the employee himself.

The company's documents and the employment contract concluded with the employee spell out the duties of the employee, which he, in fact, must perform.

The employee must be familiarized with the listed documents upon admission to work against signature, and a copy employment contract must be kept by the worker. Just, their failure to perform, or poor-quality performance, will be the reason for a disciplinary sanction.

So, check out these documents more often.

You can list other cases, in violation of which a disciplinary sanction is applied.

We include the following among them:

• not observance of discipline, namely labor;
• violation of the points listed in the instruction (official) and other regulatory documents;
• committing such actions that are prohibited by the documents of the company.

Types of disciplinary sanctions

Imagine a situation where an employee has violated labor discipline. To this employee, his employer can quite legally apply penalties (disciplinary).

There are very few of them. Notice, reprimand and dismissal are not only penalties, but also legally justified penalties. The employer must not and cannot apply other penalties.

But even here there are exceptions, if any other punishments are prescribed in the existing documents of the organization, then the employer has the right to apply them:

• Comment. This collection is the easiest of all existing disciplinary action that an employer can apply to an employee.
• . This is a more responsible penalty that an employer can apply to an employee.
• Dismissal- the highest measure of responsibility applied to an employee.

How to file a disciplinary action?

If there is a fact of a disciplinary violation, then it must be correctly recorded. To do this, it is simply necessary to document such a fact.

To do everything without violations and in accordance with the law, it is necessary to draw up in writing one or more of the following three documents:

• Act. The act is called the document fixing the commission of the corresponding disciplinary violation by the employee. An act can be drawn up in some cases, for example, when an employee is late, or when an employee is absent from work, as well as when they refuse to undergo a medical examination, etc.
• . The employer may draw up a note (report), for example, if the deadlines for submitting any report, document, etc. are violated, the employee fails to fulfill his duties, etc.
• commission decision. Such a document is drawn up in case of damage to the employer.

So, if, nevertheless, a violation of the employee is recorded, then it is necessary to demand clarification from the employee on the incident that has occurred, only necessarily in writing.

It would be better if the employer records his request for an explanation in writing.

In the note, the employee should try to justify himself and indicate all the reasons why he committed a certain act. But it also happens that the employee does not want to provide explanations if, for example, they simply do not exist.

So, if the employee, after all, did not provide the document within two working days, this must be recorded in writing, namely by an act.

Just in the event of a disputable situation, the written request of the employer to provide explanations and the corresponding act on the absence of these explanations may become sufficient grounds for issuing a certain disciplinary sanction.

But, it is quite possible that there will be a different situation if the employee nevertheless presented an explanatory note on time.

Then the duty of the employer is to carefully consider it and make a decision. If the reasons listed in the explanation are considered valid, then there may not be any penalty or punishment. In another case, such a note will necessarily serve as the basis for a penalty.

Now you can move on to another step where the order is created. The manager must decide what punishment the employee will incur. This must be determined by considering some factors, such as the severity of the action and the consequences that have occurred.

Three working days are allotted for drawing up and bringing the order to the employee.

The order must include the following items:

• personal data of the employee, occupation and department in which the employee works;
• the nature of the offense;
• description of the identified misconduct and determination of its severity;
• the fault of the employee;
• the type of disciplinary sanction that is applied and, necessarily, what are the grounds for the sanction.

It often happens that the employee refuses to read and sign the order. In such a situation, we act very simply, it is necessary to draw up an act in writing, namely, on the refusal to sign the order.

A disciplinary sanction is entered into the employee's personal file, but the employer has a choice in such a situation, that is, he has the right not to enter it into the personal file. It will be enough to enter in the employee's personal card, but not in the work book.

Any employee of the company who has been sanctioned has the right to appeal the sanction to the Labor Inspectorate.

If an employee, from the moment the penalties were applied to him, performs his work in good faith, and during the whole year he was not subjected to a new penalty, then he is automatically exempted from having such a disciplinary sanction.

If a situation has arisen that more than one month has passed since the discovery of the violation, then the penalty will not be applied. Of course, this excludes the time the employee is sick, on vacation, etc.

And if six months have already passed, then the employee cannot be held accountable. An exception is the revision audit etc., here the period is extended to two years.

For each committed disciplinary violation, only one disciplinary sanction may be applied.

Can a disciplinary sanction be lifted?

It may well be from an employee.

In the absence of other punishments within one year, and after the expiration of this year, the penalty must be removed from the employee. But at the personal request of the employer, such a penalty can be removed during this one year, but only own will, or at the personal request of the employee, also at the request of the representative body or the head of the employee.

Also, if an employee during his punishment, that is, one year, is transferred to any other position, regardless of whether it is an increase or a decrease, this is also the basis for removing the imposed penalty from him.

If the employer has a desire to prematurely release the employee from the penalty, then this desire must be supported and executed by the order "to remove the penalty", and the order is brought to the employee against signature.

No specialized form of such an order simply exists, so the organization itself must develop it.

But the order must necessarily indicate the personal data of the employee and data on the removal of the penalty, that is, the date and grounds.

The consequences of applying a penalty for an employee of the organization

1. First, if the employee has any documented penalty, then the employer can reduce, as well as deprive bonuses altogether, or deprive other incentive payments, if this is prescribed in the regulatory documents of the organization.
2. Secondly, if a second violation suddenly follows, and, accordingly, a disciplinary sanction, then the employer has the right to dismiss the employee in accordance with applicable law.

Perform your work duties with high quality and with full responsibility, and then you will not face any disciplinary action!

Stanislav Matveev

Author of the bestseller "Phenomenal Memory". Record holder of the Book of Records of Russia. Creator of the training center "Remember Everything". The owner of Internet portals in legal, business and fishing topics. Former franchise owner and online store owner.

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 conditions for applying sanctions to the guilty person - Article 192. Let's consider its features.

General information

According to the above article of the Labor Code of the Russian Federation, disciplinary action may be imputed to an employee who has violated the provisions of the law or other regulatory documents. Violation can be expressed either in non-fulfillment, or in improper fulfillment by the employee of professional duties due to 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, discipline regulations, statutes may provide for certain categories employees and others not covered by 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 failure to perform or improper performance employee of the duties assigned to him in accordance with the contract, law and other regulatory (including local) acts.

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

Guilt

Failure to perform / improper performance of duties will be considered guilty if 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, the Plenum of the Supreme Court clarified in Resolution No. 2 of 2004. The Court indicated that it was impossible to regard as an offense the refusal of an employee to perform a production task when a threat to his life / health arises 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 material liability, if service with valuables constitutes the main labor duty of a person and was agreed upon when hiring him to the enterprise, and with a citizen, in accordance with the provisions of the law, the specified agreement may 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 in the presence of a penalty.
• One-time gross failure (violation) of duties.
• Acceptance by the director of the enterprise (structural division), 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 Sanctions are provided for in 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 a lower-paid position or to collect a fine as a sanction for violations.

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

Article 192. Disciplinary penalties

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 sanctions:

1) remark;

2) reprimand;

3) dismissal on appropriate grounds.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in points 5, 6, 9 or 10 of the first part 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 the first part of Article 81 of this Code 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.

Not allowed the application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline.

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

Article 193. The procedure for applying disciplinary sanctions

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

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

A disciplinary sanction 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.

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

The order (instruction) of the employer on the application of 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 the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

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

12 Characteristics of the grounds for dismissal of an employee

Agreement of the parties. Under this basis, any type of employment arrangement can be cancelled. This requires not only the consent of the employee, but also obtaining the permission of the head of the organization.

The employment contract has expired. The contract is canceled, which was concluded for a short time period until the absent worker takes up the position. The same situation with the contract on seasonal work. The employee must be informed in writing no later than 3 days before the expiration of the contract (except for the termination of a fixed-term contract).

Cancellation of the contract at the initiative of the worker himself.

Transfer of an employee to another position in another company at his request or after obtaining his consent to this.

Disagreement to work in an organization if its subordination has been changed or reorganization has been carried out. Dismissal must occur no later than 3 months after the ownership has arisen. If the employee is satisfied with everything, he can continue to perform his job duties.

Cancellation of the contract at the request of the head of the company.

If the employee refuses to perform his direct labor duties due to the fact that the terms of the previously concluded employment contract have been somehow changed.

The employee refused to be transferred to another position if such a transfer is necessary for him for health reasons, and the current employer does not have the necessary conditions for him.

The refusal of the worker to perform his functions if the employer has been relocated to another locality.

If the rules for concluding a labor contract were violated, as a result of which further performance of official duties is impossible.

Violation of labor discipline by an employee and failure to fulfill his duties. These include: absenteeism without a good reason; appearance at the workplace in a state of intoxication, for which there is evidence; disclosure of official secrets, as well as violation of safety regulations by employees (which in turn led to serious consequences).

If an employee does not correspond to the position he occupies due to an insufficient level of qualification. This must be confirmed by the results of the employee attestation.

The employee will be laid off (if he does not belong to the category of people whose layoffs are prohibited by law). This may be fraught with the application of various penalties to the employer who allowed this. All employees must receive a notice of reduction in writing 2 months before the dismissal.

Unfortunately, not every person is able to clearly follow the instructions, adhere to labor discipline. This is why leaks happen. The administration punishes the worker. But not only ordinary workers, but also the management sometimes has no idea what types of disciplinary action exist, how to apply them correctly. This case, by the way, is very difficult, replete with all sorts of nuances. Interesting? Let's figure it out so as not to get into a mess, not to suffer innocently, so to speak.

What can be punished?

A non-specialist needs to know that not only the administration has rights. The worker is in full possession of them. Yes, not all Labor Code study, and it is there that the types of disciplinary action are recorded. These are not inventions of the leadership, but legally prescribed measures. They are used in strictly defined cases. All this is contained in article 192 of the Labor Code of the Russian Federation. In particular, it says that it is possible to punish an employee if he does not fulfill his duties. But not only. Some disciplinary measures are applied if a person did nothing at all, that is, was inactive, and these actions led to serious consequences.

Therefore, we will explain along the way, if you decide to punish you, then be sure to ask why you harmed production so much. Let the administration respond to you in writing. And then we often believe that the employee has no rights, he can be punished as you like. However, this is not at all the case. The types of disciplinary action are not only strictly defined in the legislation. There is also dismantled when and which of them is used. Moreover, there is a procedure without which the punishment can be recognized (by the court) as incompetent.

Hypothetically, the administration will be obliged in this case to compensate for the damage to the punished. In practice, this rarely happens. People go to court only in case of unauthorized dismissal. Yes, and it doesn't happen that often. The administration tries to comply with all the subtleties and nuances of the law so as not to pay compensation to the violator. And no one wants to go to court. To summarize: a worker can be punished when he violated labor discipline. The concept is quite broad. Let's understand further.

Types of disciplinary action

We open, so as not to confuse anything, the Labor Code. We will analyze the issue using the example of the legislation of the Russian Federation. If it is necessary to understand how workers are punished in other states, then our scheme should be followed. Most countries have similar legislation containing similar information. Article 192 of the Labor Code of the Russian Federation states that an employee can be reprimanded and reprimanded.

The most severe punishment is dismissal. This applies to all workers. But for some categories of workers, other types of punishments may be provided. They are determined by federal or local acts. By the way, documents in accordance with which disciplinary measures are applied are a special matter, since they are divided into two categories: federal and local. The latter include the statutes or regulations on discipline adopted by the enterprise.

The employee must be familiarized with these documents upon admission to the service. Violators! Do not try to remember what papers you signed, just ask to see proof that you know their contents. Namely, his signature under the document. It is an indicator that you are familiar with the rules adopted in this organization. If this does not turn out to be, then feel free to argue with the administration. Especially if they try to influence you with measures not provided for in the Labor Code. Otherwise, unfortunately, it will be more difficult to defend yourself. Federal laws are binding.

What can they get fired for?

Of course, losing a job is the worst punishment. And not only because of the fact that you have to look for a new place. In the event of dismissal “under the article”, a corresponding entry is made to the person in the work book. And this is for life. Then try to explain elsewhere that you are not to blame! The reasons that entail the imposition of a disciplinary sanction in the form of dismissal are also described in detail in the legislation. These include absenteeism, but not one, but several. In this case, the employee cannot be fired immediately.

First you need to "educate" him. Namely, to apply another measure provided for by law. Just like that, without a reprimand, it is very difficult to fire a person. Another reason for severe punishment may be the appearance at work in a state of intoxication. It can be alcoholic, toxic or narcotic in nature. It does not matter. Any intoxication is a violation of discipline. Anyone who divulges secrets can be fired. This applies only to those people who were warned when applying for a job about such a nuance. This "harmful" secret can be both state and commercial or official.

In any case, the worker is warned that the information must not be disclosed. They can still be fired if, through the fault of an official, other people have suffered. For example, there was an accident or an accident that resulted in injury, death, loss of ability to work. For theft, by the way, they are also fired if the person’s guilt is proven. And this is the work of law enforcement agencies. Managers, of course, bear even greater responsibility. They can leave the position "under the article" for making unauthorized decisions.

The procedure for applying disciplinary sanctions

If you already have a feeling of your own defenselessness, then continue reading. Not so powerless worker. After all, the whole process is documented with special documents. You can find out about them by looking at the procedure for applying disciplinary sanctions. It is described in detail in article 193 of the Labor Code. In particular, there the whole process is divided into several stages. First of all, the fact of misconduct must be reported to the management. This is usually done in writing. For example, a person who does not have the right to punish on his own writes a memorandum addressed to the head. Most often, this "informer" is the immediate superior of the violator.

This is followed by a survey of witnesses, that is, information is being collected about what happened with the interview of colleagues and colleagues. Before signing the order imposing a disciplinary sanction, the manager gets acquainted with the case materials. They include an explanation of the violator himself. It takes two business days to complete it. If he does not agree to tell in writing about the reasons for his misconduct, then it is necessary to draw up an appropriate act. The absence of an explanatory note does not relieve the violator from punishment. After collecting all the documents, the head decides on the type of penalty.

How is an employee's statement made?

One of the most important documents protecting, among other things, the rights of the worker himself, is his own opinion regarding the fact of violation. In practice, they try not to sign an order to impose a disciplinary sanction without this document. Although Article 193 of the Labor Code states that its absence does not exempt from liability. But the explanatory note itself can clarify the circumstances that justify the violator.

It is desirable that the employee write it in his own hand, in free form. But in some organizations there is a practice of filling out a ready-made document form. It should contain the following points. The employee is invited to answer what are the motives of his misconduct, whether he is aware of his guilt. If a person does not admit that he has committed a disciplinary violation, he is invited to express his version. That is, he must write who is to blame for what happened. This document must be properly formatted. It is addressed to the person participating in the process of imposing punishment. This is usually the head of the organization or immediate supervisor.

In some cases, an explanatory note is written in the name of the head of the personnel service. There is another form of taking into account the opinion of the violator. In production, upon misconduct, a special act can be drawn up. The employee must sign in his own hand. In addition, it must take into account the severity of the misconduct, business and personal qualities this specialist. But for the court, if a case comes to it, it is preferable to have an explanatory note written by hand. Otherwise, the administration will have to prove the constitutionality of the dismissal. That is, that the principles set forth in the Basic Law were not violated in the process.

Correct execution of the order

In practice, the penalties are often waived. The thing is that the order to impose a disciplinary sanction is often issued with gross violations. The first of these is a misinterpretation of TK. It clearly states that a misdemeanor can only be punished once. If, for example, a person committed absenteeism, and he was reprimanded, then it would already be unlawful to dismiss him for the same violation. But there are exceptions. This is a continuation of the violation. Namely: a person was punished, but he did not change his attitude to work, did not begin to fulfill his duties. Then additional measures can be applied to it.

Naturally, this act must be proven and documented. Another mistake is non-compliance with the terms of application of punishment. They are. An order for disciplinary action must be issued within one month from the day the violation became known. This is documented in a memorandum. Human resources departments are obliged to monitor the compliance of dates. This period does not include days when the violator was ill or on vacation (any). But the days off do not affect this period.

They are not taken into account in the case when it is necessary to apply a disciplinary sanction. In addition, it is impossible to punish if six months have passed since the offense was committed. An order for disciplinary action in case of violation of this rule is recognized as unlawful. For offenses involving financial and material losses, this period is two years. The violator must be familiarized with the order on his punishment. This is done within three days. The employee must put his signature under it. In case of his refusal, an appropriate act is drawn up. It must be remembered (by all sides of the process) that the terms of the disciplinary sanction must in no case be violated. Otherwise, the act is declared invalid.

Removal of penalty

It is clear that punishment cannot last forever. The procedure for a disciplinary sanction also contains the conditions for its removal. This is also an important issue for both the employer and the worker. The punishment can “hang” for a whole year. Only after this period has passed, the employee is considered to have no penalty. This is recorded in article 194 of the Labor Code.

But there is also special conditions. The removal of a disciplinary sanction may be carried out earlier than the specified period. Indeed, why punish a good worker. After all, an offense can be committed by accident or due to circumstances. If a person observes discipline, works well, then the administration has the right to petition for the removal of punishment. In addition, such an initiative may come from the employee himself, his boss or a representative body.

Each case is documented accordingly. If the initiative comes from the management, then it is formalized by a personnel officer memorandum. After all, in most cases it is this official who monitors the behavior of the punished from the administration. The employee himself also has the right to write a statement addressed to the head with a request to review the punishment order. It must indicate that the person realized his guilt, completely corrected himself. A petition of similar content has the right to write and his immediate supervisor.

The document describes how the employee currently relates to his duties, what indicators he has achieved, and so on. The petition (or representation) is addressed to the official who signed the order to impose a penalty. The representative body operates in the same way. On his behalf, a submission or petition is drawn up. If the request to the management to remove the penalty was announced at the meeting of the team, then it is recorded in the minutes. This document is submitted for consideration by the head of the organization. According to his decision, an order is issued to remove the disciplinary sanction. With him, in turn, introduce the former violator (under the signature).

Continuing misconduct

Let's look at some special cases that are possible in production. As already mentioned, a disciplinary sanction is applied only once. That is, a second person cannot be punished for the same violation. But there are special cases in the TC. Such is the ongoing transgression. This is such a violation, which is still observed even after the imposition of a penalty. Sometimes it is confused with repeated misconduct. If, for example, a person was late, was punished, and after a while again did not come to the service on time, then such a violation is not lasting. This is just a case of re-infringement.

In this case, the second disciplinary sanction cannot be applied. TC explicitly forbids this. But when an employee was punished for not submitting reports by the deadline, for example, but he didn’t even think to provide them by the next appointed date, then the misconduct is ongoing. That is, despite the penalty, the person did not change his negative attitude towards the performance of labor duties. In this case, duly executed, it is allowed to apply repeated punishment, including dismissal.

About liability

Very often, both employees and some representatives of enterprise administrations misinterpret the provisions of the Labor Code regarding double punishment. The fact is that some violations lead to material or financial losses. The right of the employer to recover the amount of losses is legally fixed. Naturally, the fault of the worker in this case must be proven and recognized by him. Debt collection from the violator is carried out by issuing a document. It indicates what misconduct led to losses, their size and methods of compensation.

However, debt collection is not a punishment. This is just a way of compensating the losses of the employer by the guilty person. This provision is enshrined in Article 248 (part six) of the Labor Code. It states that the perpetrator is obliged to compensate for material losses, regardless of what punishment he is subjected to. This refers not only to disciplinary action, but also to administrative or criminal liability. The fact is that disciplinary punishment is an educational measure. It is used to remove a wrong. And financial responsibility is compensation for the damage caused.

Typical mistakes in paperwork

Let's look at the issue from the employer's point of view. Often they lose cases in court due to improper execution of the relevant papers. Every little thing counts for them. By the way, this information will also be useful to smart workers who are prone to being late or lazy. The personnel officer, on whose shoulders, as a rule, falls the unpleasant duty of collecting and preparing all the "paperwork", you need to understand that any oversight can turn into an unlawful, even very well-deserved disciplinary sanction.

A sample of reporting and explanatory, as well as an order, must be drawn up and agreed with a good lawyer. When preparing papers, special attention should be paid to the dates that have already been mentioned. The fact is that to prove, for example, the incorrectness of sentencing from the point of view of production process quite difficult. But finding a violation of the Labor Code in the papers is very simple, which is what lawyers of offended workers usually do.

A memorandum on the offense must be drawn up with dates and all kinds of details. It indicates the time and place of the offense. Which provision (clause) of which document is violated. Who recorded this offense. Also, other information related to this case should be brought to the head. For example:

• "To the director (full name) from the boss .... Memorandum. I bring to your attention that on such and such a date, at such and such a time, my subordinate (position, full name) was late for the start work for three hours. Due to the fact that it was impossible to stop the technological process, such and such was involved in the work overtime. Please apply to (full name) disciplinary measures due to the fact that this violation is not single. He is systematically late for the start of work by 15-30 minutes. My verbal remarks did not have the desired effect. Signature, number."

To this document, if it is planned to dismiss the violator, it is advisable to attach the testimony of his colleagues. They are also documented in reports. In the explanation of the violator and the order, all dates and dates must correspond to those indicated in the original document. That is, if it says that the employee was two hours late, then this period is indicated in each paper. Otherwise, the court recognizes the documents as incorrectly executed, and the punishment is unlawful.