Order to prevent violations of labor discipline. Disciplinary Order - Sample and Form. Filling the body of the document

Every adult has gone to work at least once in his life. Everything starts off nicely: agreements, commitments, hopes. But anything happens: sometimes an employee violates his production duties, deliberately or unknowingly. And then comes the responsibility.

Disciplinary sanction: types, grounds

Disciplinary measures are applied to an employee for non-compliance with labor agreements and obligations assumed for the work schedule, compliance with management orders, compliance with labor protection standards and other nuances labor relations recognized by law as binding.

The employer can only choose disciplinary sanctions from the list provided for by the Labor Code, and for certain categories of employees - disciplinary regulations: it is forbidden to invent sanctions on their own. Sample order disciplinary action will greatly facilitate bringing the employee to justice.

Disciplinary sanctions and regulations for their application

The procedure for imposing sanctions is also established by the Labor Code, and the employer has no right to deviate from it. The basis for bringing an employee to responsibility is a sample order. Disciplinary action upon detection of a misconduct is requested by the first-level manager, and then the employer acts as follows:

Requests written explanations from the employee. In case of his refusal, he draws up an act.
Issues a disciplinary order. Remark, reprimand, or dismissal - An employer can only choose one measure for one offense.
The employee is presented with an order for review against signature no later than 3 workdays.

Sample order for disciplinary action

Order No. 13 of 12/13/13

On disciplinary misconduct and responsibility

Checking economic activity enterprises in 2012 revealed the facts of illegal excess of wages paid by part-time workers (clause 6 of the audit act, signed on 11/23/13)

In accordance with clause 2.3 job description the chief accountant is obliged to ensure that accruals are carried out in accordance with the current legislation. For incorrect charges, the chief accountant is responsible according to clause 4.1 of the instructions.

Thus, the violation by the chief accountant of the full name. their job duties identified on 11/23/13, the employee requested written explanations, in which the chief accountant explained that he mistakenly accrued part-time wages at the rate of 100%.

Taking into account the above and the norms of Articles 192 and 193 of the Labor Code of the Russian Federation

I order:

Involve the chief accountant, name and surname. disciplinary action and reprimand.
For the duration of the reprimand, deprive the employee of the remuneration and bonuses established by the collective agreement.
Head of OK Full name ensure that the employee is familiarized with the order against signature within 3 workdays.
I reserve control over the execution of the order.

Grounds: an inspection report dated 11/23/13, written explanations of the chief accountant, full name. dated 12.12.13

Agreed:

Lead Counsel

In words: familiar with the order. Chief Accountant(signature) Full name, 12/14/13

Employee Penalty Order: Sample

The fine according to the rules of the Labor Code is not a disciplinary sanction, however, the employer may, if there are grounds, fine the employee. A sample order for disciplinary action is fine as a cliché and for imposing a fine. It is only necessary to correct the preamble with justification, for example, as follows:

"For violation of the deadlines for the delivery of tax reports in accordance with the" Regulations on bonuses for employees ", guided by clause 5 of the Collective agreement" Name of the organization ",

I order:

To deprive the accountant of the full name. awards for March 2014. "

Removal of "discipline"

The basis for the early removal of a penalty from an employee is an order to remove a disciplinary penalty, a sample preamble of which is given below. As a general rule, a probationary period of 1 year is established for the violator: if he does not commit a new offense, then he is considered not to be brought to justice.

The Labor Code also gives the employer the opportunity to early release the employee from the "shame" and "yoke" of disciplinary discipline. Let's give an example of such a document:

Order No. 12 of 12.02.14

13.12.13, by order No. 13 to the chief accountant, full name. a reprimand was given. Over the past period, the employee conscientiously treated the performance of his duties, ensured the timely submission of tax reports, had no comments.

02/10/14, I received an appeal from the trade union committee to remove from the full name. disciplinary action. Taking into account the above and the norms of Article 194 of the Labor Code of the Russian Federation

I order:

1. Remove from the chief accountant the full name. disciplinary action.

2. Head of OK Full name familiarize the employee with the order against signature within 3 days.

Reason: appeal of the trade union committee of 02/10/14

Director "Organization Name"

Agreed:

Lead Counsel

And let the chains of the disciplinarian be left behind. Enjoy your work!

Disciplinary action is responsibility for the commission of a disciplinary act.

A disciplinary offense is a guilty, unlawful failure to perform or improper performance employee assigned to him job responsibilities(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 of the necessary materials, disability).

Article 192 of the Labor Code of the Russian Federation provides an exhaustive list of disciplinary sanctions:

comment;
rebuke;
dismissal on appropriate grounds.

In accordance with article 193 of the Labor Code of the Russian Federation, before the application of a disciplinary sanction, the employer must request a written explanation from the employee. An employee's explanatory note is usually accompanied by a manager's memo structural unit... These documents, together with the act, serve as the basis for making a decision on a disciplinary sanction.

If, after two working days, the employee has not provided an explanation, 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 offense committed and the circumstances under which it was committed must be taken into account.

Only one disciplinary sanction may be applied for each disciplinary offense.

In addition, when imposing a disciplinary sanction, it is necessary to take into account that the terms of its application are legally limited.

A disciplinary penalty is applied no later than one month from the date of discovery of the offense, not counting the time of the employee's illness, his stay on vacation.

A disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The indicated time limits do not include the time of the criminal proceedings.

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

This order must contain the following details:

fact (type) of violation of labor discipline,
the time of its commission or discovery,
documents that served as the basis for the issuance of the order,
type of collection.

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

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

In practice, it is advisable to remove several copies of the signed order after the employee familiarizes himself with it: the first copy - the original - is attached to the outfit (orders for personnel), the second copy - in a personal file, the third - for the employee.

The employer's order 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 against signature, then an appropriate act is drawn up.

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

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

The issue of lifting the disciplinary sanction deserves a separate consideration.

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 an employee is not subjected to a new disciplinary sanction, then he is considered to have no disciplinary sanction. Those. after a year, the penalty is lifted 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 penalty is removed, both penalties are taken into account.

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

Theoretically, the foreclosure can be lifted at any time during the year for its imposition, but in practice it is advisable to withdraw the foreclosure not earlier than six months.

An order signed by the head of the organization is issued on the early lifting of a disciplinary sanction.

An order on early withdrawal of a disciplinary sanction must contain the following details:

the reason for lifting the disciplinary sanction,
number and date of the order for the imposition of a penalty
grounds for removal of foreclosure

An employee whose disciplinary sanction has been removed ahead of schedule shall be deemed not subject to a disciplinary sanction.

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

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

On the application of a disciplinary sanction in the form of a reprimand

In connection with the violation by the storekeeper Kirillov K.K. paragraphs 3.1 and 3.3 of job description No. 4, approved by order general director LLC "Time" dated 08/11/17, No. 32, expressed in non-fulfillment of the order of the direct supervisor on the acceptance, sorting and placement of products in the warehouse 5

I ORDER:
1. To apply to Kirillov Kirill Kirilovich a disciplinary penalty in the form.
2. To the head of the personnel department Sidorov S.S. to acquaint Kirillov K.K. under signature with this order.

Reasons:
- Memorandum of the head of the shop finished products Ivanova I.I. from 07.07.2018;
- the act of non-performance without good reason of labor duties dated 07.07.2018, No. 2;
-request for explanations dated 07.07.2018 No. 1;
- the act on the absence of written explanations dated July 10, 2018 No. 3.

General Director Petrov P.P.

Acquainted with the order:

storekeeper Kirillov K.K.
head of the personnel department Sidorov S.S.

Disciplinary order

For committing disciplinary offense, namely: the admission of workers to the construction site on October 12, 2018 in the absence of protective devices and without the use of personal protective equipment by workers

I ORDER:

1. Give a reprimand to the head of the section, Pavel Potapovich Potapov.

Grounds: the order of the labor protection specialist Ivanov I.I. dated October 12, 2018, explanatory note of the site manager P.P. Pavlov. dated October 12, 2018, clause 5.3 of the job description of the site manager, clause 26 of the Labor Protection Instruction OT-116/02.

General Director Sidorov S.S.

Order on the application of a disciplinary sanction

In connection with the established fact of making an incorrect entry on the transfer to another job in the work book of the leading engineer Petrov P.P.

I ORDER:
1. To announce to the inspector of the personnel department Ivanova M.I. rebuke.
2. The head of the personnel department Mikhailova M.M. to ensure entry into the work book of the leading engineer P.P. Petrov. the correct entry, recognizing the previously made entry on the transfer to another job invalid in the manner prescribed by regulatory legal acts.
3. To the secretary-clerk Kuznetsova K.K. to acquaint with this order the inspector of the personnel department M.I.Ivanova, the head of the personnel department M.M. Mikhailova, leading engineer P.P. Petrov. under a personal signature no later than one working day from the date of publication of this order.
4. I reserve the control over the execution of this order.
Grounds: Memorandum of Leading Engineer P.P. Petrov from 07.11.2018, presentation of the head of the personnel department Mikhailova M.M. from 07.11.2018 on the imposition of a disciplinary sanction, a written explanation of the inspector of the personnel department Ivanova I.I. from 07.11.2018.

General Director Vasiliev V.V.

Familiarized with this order:

Inspector of the personnel department I.I. Ivanova

Head of the personnel department Mikhailova M.M.

Leading engineer P.P. Petrov

Disciplinary Order

For the reason that. that on the night of March 12-13, 2018 the watchman S.S. Sidorov was absent on duty without good reason for an hour, from 23:00 to 24:00. and pursuant to Article 192 Labor Code RF

I ORDER:
1. For violation of labor discipline, announce a remark to S.S. Sidorov.
2. Responsible for personnel records A.A. Andreeva to acquaint S.S. Sidorov's signature.
Reasons: memo from the head of the security service dated 03/14/2018, explanatory note from S.S. Sidorov dated 03/14/2018.
Director Petrov P.P.
S.S. was acquainted with the order. Sidorov

Order to lift a disciplinary sanction and measures of material impact

Based on the petition of the chief engineer of LLC Planeta N.N. Nikolaev. from 07.07.2018, taking into account the conscientious fulfillment of his duties by Sergeev S.S. and guided by Art. 194 of the Labor Code of the Russian Federation

I ORDER:
1. To lift the disciplinary sanction in the form of a reprimand, previously imposed by Order No. 352k 02/03/2018, from Sergeev Sergey Sergeevich, head of the repair site.
2. Remove the measure of material impact in the form of non-payment of remuneration based on the results of work for 2018. with Sergeeva S.S. previously imposed by Order No. 352k 02/03/2018, personnel number 689.
3. To the clerk of the personnel department of LLC Planeta, within one working day, prepare a copy of the order and send it to the personnel department, accounting department.
4. To the chief engineer of LLC Planeta to acquaint Sergeev S.S. with this order, within three working days against receipt and send a copy of the order with a receipt for familiarization with the personnel department.

Deputy Director for Human Resources K.K. Alekseev

Order on early lifting of a disciplinary sanction

Based on the petition of the head of the marketing department Sidorenko V.V. from 17.12.2018

I ORDER:
1. Order No. 96-k of 24.10.2018 announcing K.K. Konstantinov to the marketing specialist. comments for absence from the workplace for 5 hours in a row cancel.
2. Consider K.K. Konstantinov. not subject to disciplinary action.
3. With this order Konstantinov K.K. familiarize with receipt.
Reason: the petition of the head of the marketing department Sidorenko V.V. from 17.12.2018

General Director Nikolayev N.N.

I have read the order:
marketer Konstantinov K.K.

Administrative punishment order

Dated 25.03.2019 No. 55-k

On the administrative punishment of an employee

Antonov Ivan Antonovich, operator of machine tools with programmed control mechanical section, was absent from the workplace from 11 to 22 March 2019 without providing supporting documents.

I ORDER:

For absence from the workplace in work time For no good reason, Ivan Antonovich Antonov considers the days from 11 to 22 March 2019 to be absenteeism.
To deprive Antonov I.A. according to the results of work in March of this year variable part of the salary by 100%.
Antonov I.A. for violation of the internal labor regulations, expressed in absence from the workplace during working hours without a valid reason to issue a reprimand.
The annual vacation planned from 07/08/2019 to 08/04/2019 shall be postponed to the period from 11/04/2019. until 02.12.2019

Base:

- Memo of HR specialist Kovaleva M.S. from 25.03.2019

- Act on the absence of an employee in the workplace from 22.03.2019, No. 39;

— Explanatory letter Antonova I.A. from 25.03.2019

Director N.N. Nikolaev

Acquainted: Antonov I.A.

Employee disciplinary order

Dated 10.01.2019 No. 28-k

About disciplinary punishment of an employee

Petrov Petr Petrovich, assembler of electrical machines and devices at the assembly site, on December 28, 2018, at the end of the work shift, was on the territory of the enterprise in a state of alcoholic intoxication.

I ORDER:

Petrov Petr Petrovich should be reprimanded for violation of the internal labor regulations, expressed in being in a state of alcoholic intoxication during working hours on the territory of the enterprise.
To deprive Petrov P.P. the variable part of wages based on the results of work in December 2018 by 100%.

There is no form of disciplinary order strictly prescribed by law. There are also no special requirements for its volume, content and structure. Each company establishes the form of such a document independently and uses it in all cases of registration of disciplinary sanctions, regardless of the type of employee misconduct or the type of penalty.

Important! The employer has the right to declare an employee who has not fulfilled his duties or has performed them improperly, a remark, reprimand, or dismiss (Article 192 of the Labor Code of the Russian Federation).

When you independently develop a form, you can take any unified form of the corresponding document as a sample of an order for a disciplinary penalty. If you adhere to the general structure of building this kind of documents, you are less likely to miss important details in a self-developed form.

Explore the structure of unified personnel orders using the articles on our website:

A sample order for the application of a disciplinary sanction can also be found on our website, where there is a form that is suitable for almost all cases.

How to issue a collection order using this form, we will consider further using the example of the most common labor misconduct - truancy.

When does the employer's order declare the collection to employees?

The truant will necessarily be punished if he cannot justify his absence from the workplace (subparagraph "a" of clause 6 of article 81 of the Labor Code of the Russian Federation).

Important! According to Art. 81 of the Labor Code of the Russian Federation absenteeism is the absence of an employee at the workplace for no reason during the entire working day (including more than 4 hours in a row).

The order on disciplinary punishment for absenteeism will need to reflect all significant aspects: briefly describe the fact of violation, provide a link to supporting documents (acts, memos, explanations), indicate the date of absenteeism, as well as the organizational or material consequences of the misconduct (deprivation of a bonus, reprimand, etc. .).

A disciplinary order is not enough to punish an employee who has skipped a shift (or part of it). You will also need to take into account the provisions of Art. 193 of the Labor Code of the Russian Federation.

Important! 2 days are given to receive written explanations from the truant, after which, if the employer did not wait for an explanation, a corresponding act is drawn up (Article 193 of the Labor Code of the Russian Federation).

The explanation by the violator of the motives of his misconduct allows an objective assessment of the factual circumstances that entailed disciplinary responsibility.

In addition, the employer, prior to the adoption of a disciplinary order, and it is important to scrupulously and seriously approach the registration of the fact of the misdemeanor. It will be necessary to record the moment when the employee is not at the place of performing his labor function and find out all the circumstances of this violation. This is possible by drawing up a separate document drawn up by a commission specially created by the employer.

If the employer's order to apply a disciplinary sanction is announced without following these procedures, the disciplinary sanction may be challenged in court or escalate into an endless legal war between the employee and the employer.

In order for the employer to be able to punish the employee for a labor offense, care should be taken in advance to ensure that all the duties that the employer expects from the employee are promptly introduced against his signature. Otherwise, the employee will easily challenge the legality of the disciplinary order (for example, see the appeal ruling of the Supreme Court of the Republic of Buryatia dated June 24, 2015 in case No. 33-2159 / 2015).

That is, all formalities should be followed before issuing an order on the application of a disciplinary sanction. You can download a sample document on our website.

Outcomes

The employer has the right to punish a negligent employee for labor misconduct. It is important to comprehensively understand its circumstances and correctly draw up all the documents so that the consequences of a disciplinary sanction do not become the subject of legal proceedings. Among such papers is a disciplinary order, a sample of which is posted on our website.

Disciplinary Order: Procedure for

If an employee violates labor discipline, the employer has the right to draw up an order on the application of disciplinary liability to him, for which 1 month is given from the moment the misconduct is discovered (part 6 of article 193 of the Labor Code of the Russian Federation), but within a 6-month period from the date of its commission.

IMPORTANT! Exceptions are violations revealed during the audit or audit (for which they can be punished within 2 years after the commission), as well as those established in a criminal case (there is no restrictive interval).

When a penalty is imposed, the severity of the violation, the circumstances of its commission must be investigated (part 5 of article 192 of the Labor Code of the Russian Federation).

Before drawing up an order for disciplinary action, an employer must:

Record the violation by an act or other document.
Request explanations from the employee, for the compilation of which the latter is given 2 working days.
If necessary, upon the expiration of the specified period, draw up an act of refusal to explain.
To consult with the trade union in accordance with Art. 373 of the Labor Code of the Russian Federation, if the violator is a member of it, and the selected penalty is dismissal.
Issue a collection order.

The procedure for issuing an order is as follows (part 6 of article 193 of the Labor Code of the Russian Federation):

Registration of the order itself.
Familiarization of the employee with it within 3 days (only days spent at work are counted) and submission of a copy at the request of the employee.
Registration of the corresponding inscription on the order if the employee refuses to sign (part 2 of article 84.1 of the Labor Code of the Russian Federation).

We draw up an order to bring an employee to disciplinary responsibility. Sample order

The current legislation does not establish any requirements for the content of the order on bringing to disciplinary responsibility, with the exception of the T-8 form (the form of the order for dismissal, for more details on filling it out in the article Orders on personnel - what are these orders?). But based on practice, it is necessary to have the following information in the order:

Introductory part:

date and number;
document's name.

Motivation part:

reasons for disciplinary action, a brief description of the circumstances of the offense;
information about the employee's act;
provisions of legislative acts, as well as local acts that have been violated.

The operative part:

link to articles of the Labor Code of the Russian Federation;
personal data of the person who is brought to justice, indicating the position, as well as the structural unit;
a list of documents that served as the basis for the specified proceedings;
position, as well as personal data of the head who made the order;
a place for the indicated employee to put a mark on familiarization with this order.

IMPORTANT! Dismissal does not require the preparation of 2 orders: on collection and on dismissal - everything is recorded in one. In the case of drawing up 2 documents, there is a high risk of getting confused in the procedure (for example, not getting a preliminary opinion of the trade union, see the appeal ruling of the RF Armed Forces dated 09.11.2012 No. 60-APG12-7).

You can download a sample order on disciplinary action by following the link: Sample a disciplinary order.

We draw up an order on disciplinary responsibility in the form of a remark

An order to bring an employee to disciplinary liability in the form of a comment must contain the following information:

Introductory part:

the name of the company, the head of which is issuing the order;
date and number;
document's name.
the reasons that served as the basis for the imposition of a penalty.
the will of the employer to announce comments to the employee;
Name of such employee.

Motivation part:

The operative part:

Appendix - grounds for collection (service notes, acts, etc.).
Position, as well as personal data of the head who drew up the document.
A place for the indicated employee to put a mark on familiarization with this order.

You can download a sample order of disciplinary responsibility for comment by following the link: Sample order of disciplinary responsibility in the form of a comment.

***

A disciplinary order is the final document in which the employer sets out the essence of the type of punishment applicable to the employee for violation of labor discipline. There is no official sample of the order for disciplinary liability, with the exception of the form of the order for dismissal, therefore personnel services has the right to compose them independently.