Order for conducting service checks. How is the service check of employees going. IV. Registration of the results of the service check

Official investigations at enterprises are not so rare. The impetus for this procedure is a separate document called "Order to conduct an internal investigation", written as a result of any emergency situation in the organization.

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What could be the reason for the investigation

The job description of any employee contains a section that spells out responsibility for certain violations. Usually there are points about:

causing damage to the company,
damage to inventory,
non-compliance labor discipline,
negligent performance of labor functions,
disclosure of commercial secrets, etc.

All these misconduct can entail quite serious consequences for the organization and cause an internal investigation. And if this happened, then the internal "investigation" will help establish the true cause of the incident and determine the degree of guilt of this or that employee.

Investigation procedure

In some types of offenses, the investigation is the responsibility of the employer, while in other cases it is a voluntary initiative of the manager. If such an investigation is not carried out, then the employee will be able to appeal the disciplinary punishment to which he was subjected in the future.

However, the investigation procedure is quite laborious and responsible, therefore a special commission is appointed for it by a separate order. Its main task: clarification of the circumstances of the incident, conversations with the alleged perpetrators, establishing the degree of their guilt, calculating the damage caused to the organization.

The commission should include at least three people from different divisions of the company. All of them must be sufficiently qualified and competent specialists to conduct an investigation with a high quality, at the proper level, having analyzed all the motives, cause-and-effect relationships and other circumstances. At the same time, it is necessary to act very carefully, avoiding violation of the rights of workers. As a rule, the commission includes:

Internal Security Representative,
lawyer,
accounting officer or economist,
a technician, such as an engineer, etc.

The commission may also include the head of the company.

Investigation results

After the investigation, the commission in a special act makes its decision, which, in case of proof of the employee's guilt, serves as the basis for imposing disciplinary punishment on him.

Usually, in such cases, the punishment comes in the form of a reprimand or even dismissal, rarely anyone can get off with a remark. In addition, the employee may also be liable (if the facts of deliberate damage to the property of the enterprise have been proven).

In special situations, an internal investigation can lead to the initiation of an administrative or even criminal case, as well as lead to the filing of a civil claim against the perpetrator.

Who writes the order

The secretary of the organization, or the employee who is the plenipotentiary representative of the head, is directly involved in drawing up the order. At the same time, the order itself is always written on behalf of the director of the company and must be certified by his signature (if he is absent from the workplace, by the acting deputy).

Basis for order

Any order must be based on some basis. In this case, the role of him is played either by a representation from the head of the department / head of the department in which the violation was discovered. The order must include a link to this document.

How to draw up an order

To date, there is no standard unified sample of an order for an official investigation in relation to the offending employee. Enterprises and organizations can write it in any form or use a template developed within the enterprise, based on its needs (in this case, the form of the order must be approved in the even policy of the company).

An investigation order should include a number of basic details. It:

the name of the employing company,
personal data of the employee: his position, full name, information about what happened,
reference to the basis,
information about the persons responsible for its execution.

Also, the order must be numbered and dated... It is not necessary to put a stamp on the document, because since 2016 the legal requirement for legal entities(as before with the SP) on the use of stamps and seals in the work was canceled.

How to issue an order

The order is being written in a single copy... It can be drawn up both on a regular A4 sheet, and on the company's letterhead, in printed or handwritten form (all this does not matter). However, it must necessarily contain signatures:

the head of the company,
responsible employees,
if necessary, the person in respect of whom it was drawn up.

Sample order

At the beginning, on the left or right (it does not matter), the name of the organization is written with an indication of its organizational and legal status (i.e. CJSC, OJSC, IP, LLC), as well as the date and number of the document.
After that, the word “Order” is written in the middle and its meaning is briefly conveyed a little below (in this case, “about an internal investigation”).

Then the main part of the order is located.

First, a "preface" is entered here, that is, information about an emergency situation (violation, misconduct, etc.) and the employee who made it, the date of the incident is indicated.
Then the order itself is written in separate paragraphs. Here the composition of the commission is appointed (the positions of the employees of the enterprise, their surnames, names, patronymics are indicated) with the allocation of the chairman and ordinary members, their goals and objectives are prescribed, including drawing up an opinion on the investigation.
A person responsible for the execution of the order is appointed as a separate item.
After that, a reference to the basis (with its number and date) is included in the document.
At the end, the order is signed by the head, as well as by all employees mentioned in it.

Before an employee is held accountable for violation of labor standards, the employer issues an order to conduct an internal investigation. With this local act, the head of the organization begins to check the circumstances that may become the basis for bringing the employee to disciplinary action. Or .

Application procedure disciplinary action establishes Art. 193 of the Labor Code of the Russian Federation. And the procedure for the recovery of material damage - Art. 247 and 248. Based on the results of the inspection, an official investigation report is issued ().

Example of an order to conduct an internal investigation

Society with limited liability"Egoist"

Order No. 142 on the conduct of an official investigation

05/11/2022 Kaliningrad

In connection with the inventory carried out in LLC "Egoist" and the established fact of shortage of valuables in warehouse No. 1,

I order:

Conduct an official investigation on the fact of a shortage of valuables in accordance with 05/04/2022 in order to establish the conditions, reasons, circumstances guilty of causing damage to persons and other facts.
Create a commission to conduct an official investigation to establish the reasons and circumstances of the shortage of inventory items in warehouse No. 1 in the following composition: chairman of the commission: head of the personnel department Viktor Orkhovich Pyrov, members of the commission: head of the security service Pavel Sergeevich Dimitrov, chief accountant Ivleva Inna Romanovna.
Commission to conduct an official investigation by 01.06.2022 Responsible: the chairman of the commission.
I assume control over the execution of this order.

General manager Arkhipova Arkhipova S.T.

Acquainted with the order:

Chief Accountant Ivleva Ivleva I.R.

Head of HR department Pyrov Pyrov V.O.

Director of security Dimitrov Dimitrov P.S.

Grounds to issue an order to conduct an official investigation

The reasons for issuing the order underlie the reasons for the inspection. Has the fact of violation of labor discipline or material damage to the employer become significant? Does he intend to apply disciplinary action? Is it necessary for persons to establish the fact and the amount of damage?

Often, the document includes a column such as the basis. That is, some kind of document that became the basis of the check. This can be a memorandum, an inventory act, etc.

The head of the organization should remember that the order to conduct an internal investigation, the procedure and the final Act itself often become the subject. All norms labor law must be respected. And, in fact, the order can also become evidence in the case.

Contents of the order on official investigation

The form of the order for an official investigation has not been established by the law and other acts of the authorities. Each employer develops its own form. Which is used when necessary.

organization name (IP)
name of the document: "order", number, date and place of preparation
the basis for the investigation - shortage, violation of labor protection, consumer claim, etc.
an order to investigate. It is very convenient to immediately create a Commission of Inquiry, otherwise you will have to issue a separate order
set a deadline for the end of the inspection and responsible persons
signature of the head (authorized by a power of attorney from a legal entity)

An order to conduct an internal investigation may include a "reason" column and coordination with interested employees. By the way, if an inspection is assigned to a specific employee, he must be familiar with the order to conduct an official investigation.

An official inspection in the bodies and divisions of the Ministry of Internal Affairs is an activity carried out within the framework of disciplinary proceedings by authorized officials. It is aimed at the timely, comprehensive, complete and objective collection and research of materials on the fact of a disciplinary violation or non-compliance functional responsibilities employees. The procedure for conducting official checks in the Ministry of Internal Affairs is determined in the Order of the Ministry of 2013 No. 161. Let us briefly consider its content.

General Provisions

161 The order of the Ministry of Internal Affairs "On conducting official checks" applies to divisions of the central office, territorial bodies, educational institutions, research, medical and sanitary, sanatorium and resort organizations, district logistics departments, other divisions and organizations created to perform tasks and the implementation of the powers vested in the ATS of the Russian Federation. The procedure established in the document is mandatory for civil servants, employees of bodies, divisions, organizations that are part of the Ministry of Internal Affairs.

Regulatory regulation

Official inspections in the Ministry of Internal Affairs are carried out in accordance with the Federal Laws:

"On the Police" (No. 3-FZ).
"On service in the Department of Internal Affairs" (No. 342-FZ).

In addition, these activities are regulated by the Disciplinary Charter of the Internal Affairs Directorate, approved on October 14, 2012 by Presidential Decree No. 13775.

General rules

On the facts of disclosure of information constituting a state secret by an ATS officer, the loss of its carriers, and other violations of the established secrecy regime, internal investigations are carried out in subdivisions, organizations and bodies of the Ministry of Internal Affairs in the manner determined by government decree No. 3-1 of 2004.

Verification measures are carried out by the decision of the Minister of Internal Affairs, Deputy Minister, head (head) of the relevant subdivision (body, organization), his deputy at the regional, district, interregional level.

The decision to initiate an inspection in relation to an officer of the Security Service of the Internal Affairs Directorate is made by the Minister, the head of the Main Directorate of the Security Service, as well as the head of the corresponding territorial division of the Ministry of Internal Affairs, in agreement with the leadership of the Main Directorate of the Security Service.

Restrictions

During the course of the Ministry of Internal Affairs, the employees carrying out it are prohibited from performing actions that are within the competence of the bodies of preliminary investigation and inquiry. Authorized employees are not entitled to disclose any information revealed or made known, indirectly or directly related to the employees in respect of whom the procedure was initiated.

If there are signs of a crime or an administrative offense in the actions of the checked employee, this information must be registered and verified in accordance with the procedure established by law.

Rules for organizing the procedure

The basis for conducting an official check in the Ministry of Internal Affairs is the need to establish the circumstances, reasons and nature disciplinary offense committed by an employee, confirmation of the presence / absence of facts provided for in Article 29 of the Federal Law No. 3. The procedure can also be initiated at the request of the employee.

An assignment to an authorized employee of the Ministry of Internal Affairs to carry out an official check in accordance with Order No. 161 is carried out by drawing up a resolution in an empty space of a document describing the grounds for its conduct. It is allowed to draw up a separate act or use a special form indicating the date and registration number of the document to which it belongs.

Timing

In accordance with Order 161 of the Ministry of Internal Affairs "On conducting official checks", the decision must be made within two weeks from the date of receipt of the information by the relevant chief, which is the basis for its initiation.

The period allotted for the implementation of verification activities does not include the time of the employee's incapacity for work, his stay on vacation (business trip), his absence from the service for other valid reasons. These circumstances must be documented - a certificate from the personnel department of the relevant body, unit, organization of the Ministry of Internal Affairs.

The period for conducting an internal audit cannot exceed 1 month from the date of the relevant decision. If the last day of events falls on a weekend or holiday, the day of their completion will be considered the previous working day.

Nuances

In accordance with the provisions of the Order of the Ministry of Internal Affairs "On the Procedure for Conducting Official Inspections", upon revealing the grounds specified in Part 2 of Part 52 of Article FZ No. 342, an employee authorized to carry out inspection activities must submit to his manager a report on his release from participation in the procedure. If this requirement is not met, the results obtained will be invalidated. In such a situation, the corresponding powers are assigned to another employee of the Ministry of Internal Affairs. In accordance with Order 161, an additional 10 days are given for the performance of an official audit.

Special cases

As established by the Order of the Ministry of Internal Affairs of the Russian Federation "On conducting official checks", the initiation of the procedure in relation to an employee who is on a business trip is carried out by the decision of the head of the subdivision, body, organization that sent him.

If measures are carried out in relation to several employees who have committed disciplinary violations, if it is impossible to complete the inspection within the timeframe established by law due to being on vacation, temporary disability, absence from the workplace for other valid reasons of one or more of them, the materials collected in relation to these persons may be separated into a separate production. The corresponding decision is made by the head who initiated the procedure. The basis for its acceptance is the report of the employee conducting the check.

When a disciplinary offense is committed by employees of several divisions / bodies of the Ministry of Internal Affairs, the Deputy Minister, the head of the division, organization, territorial body at the regional, district, interregional levels, which includes a department that made a decision to initiate an audit:

V shortest time notifies the higher management of the relevant fact for the adoption of a resolution on the commencement of an official audit.
Informs the head of the department, body, organization in which the employees serve, about the commission of a disciplinary offense by them.

The procedure for conducting an official check in the Ministry of Internal Affairs

The order on the appointment of verification measures must contain the following information:

Grounds for the procedure.
Appointment date.
The composition of the commission.

The commission must include at least 3 employees. They must have the necessary experience and knowledge. From among the leaders structural units body of the Ministry of Internal Affairs, the chairman of the commission is appointed.

An order to an authorized employee to conduct an audit is given taking into account the assigned rank and the replaced position of the employee in respect of whom it was initiated.

Membership powers

They are discussed in ch. III of the Order of the Ministry of Internal Affairs of Russia "On the conduct of service checks". An authorized employee (chairman, member of the commission) has the right:

Offer to employees, civil servants, military personnel, other employees of the Ministry of Internal Affairs who may have any information about the facts to be established, to give written explanations on them.
Go to the place where the offense was committed to establish all the circumstances relevant to the check.
Submit a proposal for the temporary suspension of an employee from the performance of duties for the period of verification activities. It is sent to the head of the body (unit) who initiated the procedure.
Request documents and other materials related to the subject of the audit, in the prescribed manner, send inquiries to organizations, institutions, government agencies.
Use operational credentials, informational When conducting official checks in research, educational institutions An ATS authorized officer may also use their databases.
Get acquainted with the content of documents relevant to the implementation of verification activities. If necessary, employees have the right to make copies of these papers for subsequent attachment to the inspection materials.
Apply for an audit or inventory.
Ask for the involvement of specialists on issues, the solution of which requires special scientific, technical or other knowledge, to consult with them as part of the verification.
Use technical means to record the facts of the misdemeanor in the manner prescribed by law.
Submit proposals to the relevant chief (manager) for the provision of psychological and social assistance to the employee in respect of whom the audit was initiated.
To invite the checked employees to give explanations using methods of psychophysical research.
In the cases stipulated by clause 22 of the Instruction on conducting official checks in the Ministry of Internal Affairs, report to the head with a report on the need to separate part of the collected materials into a separate production.

This list is not closed. If necessary and based on the specific circumstances of the case, it can be supplemented.

Duties of authorized persons

According to the provisions of the Order of the Ministry of Internal Affairs "On the Procedure for Conducting Official Inspections", the chairman, members of the commission, employees performing inspection activities must:

Observe the freedoms and rights of the employee in respect of whom the procedure was initiated, as well as other citizens participating in it.
Ensure the confidentiality of information and the safety of the collected materials, do not disclose information about the results of events.
Explain to the employees in respect of whom the verification was initiated, as well as to the applicants of their rights, to ensure the conditions for their implementation.
Timely report to the relevant chief on the received applications, complaints, petitions, inform the persons who submitted them about the fact of their resolution. The results of the consideration of applications are communicated personally against receipt or sent by registered mail at the place of residence of these persons.
Document the time and date of the misconduct, the circumstances that determine the nature and extent of the employee's responsibility.
Collect documents and other materials that characterize the professional and personal qualities of the employee in respect of whom the inspection was initiated.
Investigate the results of the verification activities carried out earlier, as well as information about the facts of the employee's admission of disciplinary violations.
Offer the employee, in respect of whom the procedure was initiated, to provide written explanations on the merits of the issues. If, 2 days after the offer, an explanation is not provided or the employee refused to give it, an act on this fact is drawn up. The document must be signed by at least three employees involved in the audit.
Immediately report to the head or chairman of the commission on the facts of interference in the procedure, pressure on the persons participating in it.
Interview the military personnel of the internal divisions of the Ministry of Internal Affairs, civil servants, and other employees of the Ministry of Internal Affairs who may have any information about the facts to be established during the verification process.
If necessary, propose preventive measures aimed at eliminating the circumstances that contributed to the commission of the offense.
In case of revealing the facts of violations committed by employees of bodies, organizations, divisions of the Ministry of Internal Affairs during official inspections, in accordance with clause 30.12 161 of the Order, report to the relevant head with a report on the need to initiate an inspection in relation to these persons or on establishing the absence / presence of their guilt in the course of the carried out verification activities.
In writing, draw up an opinion and submit it for approval in accordance with the established rules. The content of this document must be familiarized with the employee in respect of whom the check was carried out.

Presentation of results

Based on the collected materials, an inspection conclusion is formed. Introductory, descriptive and operative parts are distinguished in its structure.

The first block indicates:

Title, position, surname and initials of the employee who performed the check, or the composition of the commission (indicating titles, positions, surnames and initials).
Information about the person being checked. Here indicate the position, rank, full name, date, place of birth, information about education, work experience, the number of penalties and incentives, the absence / presence of unreleased disciplinary sanctions.

The descriptive part includes information about:

The grounds for the inspection.
Explanations of the employee who committed the misconduct.
The fact of violation.
Circumstances, consequences of the misconduct.
The presence / absence of the circumstances specified in Article 29 of the Federal Law No. 3.
The facts revealed during the verification process.
Aggravating / Mitigating Circumstances.
Other facts relevant to the case.

The operative part of the conclusion should contain a proposal on imputing disciplinary or other measures of responsibility to an employee, conclusions on the conditions and reasons for the misconduct, the presence / absence of circumstances enshrined in Article 29 of the Federal Law No. an employee of psychological and social assistance.

An official investigation is an event that is carried out if an incident has occurred at the enterprise: for example, an accident or theft of material values. Consider the algorithm for conducting an internal investigation and samples of documentation that needs to be prepared in the course of work.

Employers should conduct an official investigation in case of violation of labor discipline and other incidents. For example, upon detection of a shortage or leakage of information constituting a commercial secret. Such an event is necessary to identify the perpetrators and apply disciplinary measures to them, as well as withholding the losses caused to the company from them. Most likely, a special commission will have to investigate the facts of workers' evasion of medical examination, passing exams on labor protection, safety and operating rules, as well as refusal to conclude an agreement on full material responsibility employee, if it is provided by his main job function.

If the amount of the offense is insignificant, for example, when the submission of internal reports is missed, it is not necessary to conduct an investigation. It is enough just to take a written explanation from the person whose guilt is obvious and so, and then act according to the law. But if the situation is ambiguous or the organization has suffered significant damage, it is impossible to do without the creation of a commission and an official investigation.

Situations in which an internal investigation is necessary

Below is a basic list of possible misconduct for which the employee is personally responsible:

absenteeism or non-appearance at the workplace;
drunken appearance at work, under the influence of drugs;
causing serious material damage;
abuse of authority.

Now let's look at the algorithm for conducting an internal investigation. The procedure should begin with recording the fact of the violation.

Step 1. Fixing the violation

There is no unified document that must be drawn up when a fact is discovered that gives rise to an official investigation. In practice, this fact is usually recorded in a memo of the person who discovered it. This document is drawn up on behalf of the employee to the address of his immediate superior or the head of the organization. In such a note, you need to indicate:

surname, name, patronymic and position of the employee who discovered the violation;
the circumstances under which the violation was committed or detected;
date and time of the event.

When receiving information about illegal actions of an employee from third parties or even directly from law enforcement agencies, it is not necessary to draw up a memorandum. In addition, if the reason for the initiation of an official investigation was the loss of inventory or Money, identified by the results of the inventory, a corresponding act must be attached to the note. On the basis of these documents, the employer creates a commission in order to identify the culprit.

Step 2. Creation of the commission and its tasks

The expediency of all measures necessary within the framework of the event, as well as the degree of guilt of the person whose actions have become the subject of the proceedings, are determined by a specially created commission.

The commission is formed by order of the company from competent employees who are not interested in the outcome of the proceedings. If the organization has special services, such as security or internal audit, then their representatives will make up the majority of such a commission. In their absence, such functions are taken over by the personnel service.

The composition of the commission, as a rule, should include three people. The order must indicate the names and positions of the members of the commission, the purpose and date of its creation, the period of its validity (it may not be limited to a specific case), as well as the powers with which it is endowed. Typically, the tasks of such a commission include the following.

Establishing the circumstances of the incident, including the time, place and method.
Identification of property that has suffered or could have been damaged.
Inspection of the accident sites (if necessary).
Determination of the cost of the incurred (or possible) damage based on the fact under investigation.
Identification of persons directly responsible for the commission of the act.
Collecting evidence of the guilt of these persons and establishing its degree for each of them (if there are several perpetrators).
Determination of the reasons and conditions conducive to the commission of the offense.
Collection and storage of documentary materials of the investigation.

The competence of the commission includes the right to demand explanations from all employees suspected of misconduct.

The commission can be created even if the enterprise has not yet suffered direct damage, but the actions of the employee could lead to similar consequences. The Commission can be permanent and renew its work if necessary.

The order on the organization on the creation of the commission must be familiarized with the signature of all its members. A sample of an order for an official investigation (sample) should look like this:

Step 3. Collect information and evidence

The procedure for conducting an official investigation in labor legislation is not directly defined, therefore, in each organization it must be regulated by internal regulations and internal regulations (orders, instructions, regulations). That is, the commission can receive the right to interview employees and study any accounting documents, if the management of the enterprise decides so.

Although such an event is a purely internal affair of each organization and only its employees and management can take part in it, help you can involve outside experts, if necessary to clarify the facts related to the incident. For example, to determine the degree of intoxication and the severity of an error made by an employee when carrying out estimates on an estimate. This is usually needed when the qualifications of the company's specialists are not enough to draw professional conclusions. In this case, a separate order is issued for the enterprise. Experts under the agreement may be:

auditors;
appraisers;
medical workers;
engineers;
lawyers;
other specialists.

In addition, as part of an investigation, inquiries can be made to government agencies and third-party organizations... They are obliged to provide the necessary information, if it is not secret. All collected materials must be attached to the case as evidence, as well as acts, certificates and memoranda that are compiled by the members of the commission during the investigation. After all, any sample of an official investigation in relation to an employee, especially if the case concerns a shortage, can be considered as a matter of transferring data on investigation to law enforcement agencies.

Step 4. Receiving employee explanations

Before the end of the official investigation and the issuance of an order on the application of disciplinary sanctions to the perpetrators, it is imperative to request an explanation from the employees. This is provided for by the norms of Art. 193 of the Labor Code of the Russian Federation and confirmed by the position of the Supreme Court of the Russian Federation (clause 47 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2). The form of such an explanation can be arbitrary, since it is not regulated by labor legislation. It is better to request an explanatory note in writing. This is especially necessary if the situation is of a conflict nature and the chances of getting an explanation are small. The request must be handed over to the employee against his signature. If he refuses to sign, an appropriate act is drawn up. However, if the employee refuses to give explanations on the basis of Article 51 of the Constitution of the Russian Federation, which says that a person is not obliged to testify about himself or his loved ones, right in the explanatory text, such an act can not be drawn up.

The employee has 2 working days from the date of receipt of the request to issue an explanatory letter. If an explanation has not been provided, it is necessary to draw up another act - on the refusal to give explanations. It must be signed by the chairman of the commission and several of its members (at least 2 people). After the end of the investigation herself explanatory letter or a document proving that an explanation was requested from the employee may serve as a basis for the application of disciplinary measures against the perpetrators, up to and including dismissal.

Step 5. Meeting of the commission, consideration of the circumstances

After the commission has collected and summarized all the information, it should hold a meeting. On it, authorized persons will inform:

whether there was a violation (damage caused) and what it was;
circumstances, time and place of the incident;
the consequences of the violation and the amount of damage caused;
the reasons for the misconduct;
the degree of guilt of each of the accused in the incident;
mitigating and aggravating circumstances.

Step 6. Creation of a report on the conduct of an internal investigation

The results of the commission's work should be reflected in a special act summarizing the results of the investigation. In particular, it should be clear from this document:

culpable acts committed by an employee;
the circumstances of the commission of such actions;
type and amount of damage caused;
the degree of guilt of the employee;
possible punishment for the guilty person;
suggestions to prevent similar situations in the future.

The act must be signed by all members of the commission. If one of the members of the commission has a special opinion about what happened, he cannot refuse to sign the act. However, he has the right to draw up a separate document setting out his position and attach it to the materials.

If, in order to establish the amount and amount of material damage caused, an inventory was carried out, its inventory should be attached to the documents of the official investigation. Documents of third-party institutions and organizations related to the case (court decisions, inspection reports, protocols, etc.) can also be attached to the act and referred to in the text.

A sample of the conclusion of an official investigation should look like this:

The employee, in respect of whom the official investigation was carried out, must be familiarized with all the results in relation to himself under the signature. If the investigation was carried out in relation to several persons, they must be acquainted with the materials separately, taking into account the protection of personal data.

Terms of service investigation

Terms of conducting an official investigation on Labor Code() should not exceed 1 month from the discovery of the event that caused it. Usually the term is written in the order itself. It should be noted that there is a limitation period for bringing an employee to responsibility, which does not include:

the time of the employee's illness;
the time spent by the employee on vacation;
the time required to take into account the opinion of the trade union or other representative body of workers.

In aggregate, the culprit can be brought to disciplinary responsibility no later than six months later (and in cases involving corruption - three years). After this period, it will no longer be possible to prosecute. Based on the results of an audit, inspection of financial and economic activities or an audit, such a period is no more than two years from the date of the commission or discovery of the misconduct. These terms do not include the period of criminal proceedings (if it was opened).

A service check is a special kind of event, which should restore order and discipline in the enterprise.

What is a service audit?

An official check is an investigation, during which the guilt of the employee, as well as the circumstances of the incident, is established. As a rule, it is carried out within the framework of public service... However, investigations can also be carried out in commercial companies. In this case, it is required to approve the corresponding local acts. Usually verification is carried out in large organizations.

IMPORTANT! Despite the fact that the law does not set out the procedure for an official investigation in commercial structures, it is important to conduct the event correctly. All stages of verification are documented. In the course, solid evidence of the employee's guilt must be found. If the basic rules are not followed, the worker in respect of whom the investigation was initiated can contact the labor inspectorate.

Legislative justification

The law only enshrines the concept of verification, which is applied in relation to civil servants. All the nuances of the investigation are contained in the Federal Law No. 79 of June 26, 2017. Regarding checks in the bodies of the Ministry of Internal Affairs of the Russian Federation, the order of the Ministry of Internal Affairs of March 26, 2013 No. 161 is relevant. All other features and circumstances of the check can be found in certain articles of the Labor Code of the Russian Federation.

When is the check carried out?

The investigation must be based on a specific reason. As a rule, these are the following circumstances:

The employee committed a misdemeanor, the signs of which are set out in Articles 192-193, 195 of the Labor Code of the Russian Federation. The rationality of the investigation in this case is due to the severity of the consequences of the misconduct. For example, checking in mandatory carried out with the threat of dismissal of an employee. It is relevant for absenteeism of an employee, small and large theft, disclosure of secrets.
The worker is held liable. The grounds for attracting, as well as the procedure for collecting funds are set out in Articles 232-233, 238-250 of the Labor Code of the Russian Federation. If an employee is held liable based on the results of the inventory, there is no need to further investigate. It is replaced by verification by the appropriate commission.
The employee has committed an act that may result in dismissal. The list of such acts is set out in Article 81 of the Labor Code of the Russian Federation. For example, this is an unreasonable decision of a manager, which entailed material damage to the company.
Registration rules were violated employment contract, which are fixed in article 84 of the Labor Code of the Russian Federation. For example, this is the incompatibility of the employee's duties with the existing medical contraindications.
Circumstances in the presence of which the official investigation is stipulated in regulations... For example, this is when an employee is doing his job.

FOR YOUR INFORMATION! As a rule, an official check is carried out upon the fact of a disciplinary offense committed by an employee.

IMPORTANT! If the investigation is carried out in a commercial company, the grounds for conducting it must be stated in the relevant local acts.

Basic Investigation Objectives

Consider the main tasks of conducting an audit in a company:

Establishment of the fact of the commission of a guilty act, on the basis of which a disciplinary sanction was issued.
Identification of the time and circumstances of the incident, analysis of the consequences, determination of the amount of existing damage.
Search for an employee who has committed a disciplinary offense.
Determination of the guilt of a person.
Analysis of the motives of the misdemeanor, additional circumstances.

FOR YOUR INFORMATION! It is recommended that the head of the company approve the recommendations for taking preventive measures necessary to eliminate the causes that entailed the disciplinary offense.

The procedure for carrying out an official check

As a rule, information about a wrongful act is received first. Then the manager approves the decision to start a service audit. It is recommended to perform it within 3 days after the discovery of the offense. The check must be completed no later than 20 days from the date of its start. The investigation is carried out either by a specially appointed employee, or by a commission. It is carried out on the basis of an order or other administrative document, in which a number of information must be indicated:

The reason for the investigation.
Members of the commission, as well as its chairman.
Powers of the commission.
The time allotted for verification.
Deadlines for sending documents on the results of the investigation to the head.

As a rule, the members of the commission are employees of the personnel department, representatives of security and finance departments. The chairman is responsible for the work of the commission.

To participate in the commission, you should not involve the guilty person, his relatives or subordinates. This can lead to biased results of the investigation.

ATTENTION! The order to start an official investigation must be signed by all members of the commission, as well as by the person whose guilt is established.

Rights and obligations of members of the commission

Commission members have the following rights:

Calling employees to you and receiving explanations from them in writing.
View documents that are relevant to the case.
Requesting the necessary documents.
Getting expert advice.

The commission members also have responsibilities:

Implementation of measures to clarify all the circumstances of the case.
Consideration of statements that relate to the incident.
Ensuring confidentiality.
Drawing up an act on the results of the investigation.
Documentation of all stages of verification.

All rights and obligations of the participants are due to the need to quickly and efficiently conduct an audit.

Rights of the alleged perpetrator

The person in respect of whom the official investigation is carried out is also endowed with a number of rights:

Writing your point of view on the misconduct.
The requirement to attach documents confirming the employee's position to the case file.
Submission of an application for the exclusion of a certain participant from the commission with the justification of this request.
Acquaintance with the materials collected on the case.

An employee has the right to defend his position, make arguments in his favor.

IMPORTANT! The guilty person may refuse to submit an explanation in writing. In this case, an act is drawn up, which indicates the employee's refusal to explain.

The final part of the service check

At the end of the check, it is required to draw up an act outlining the results of the investigation. In particular, the document contains the following information:

Members of the commission and its chairman.
Information about the unlawful act.
Information about the allegedly guilty person.
The reasons for what happened.
Information about the extent of the employee's responsibility for what happened.

A number of documents are attached to this opinion. This can be an order to conduct an investigation, a characterization of an employee, an explanation of what happened, and other papers.