Note on shopping mall rf. Disciplinary action. How long does the penalty apply?

Labor relations are regulated, as you know, Labor Code... When applying for a job, the applicant and the employer enter into an agreement. The document contains the basic conditions labor activity employee. The contract also sets out the obligations and rights of the parties.

By concluding an agreement, the employee voluntarily undertakes to comply with the 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 terms and Conditions the application of 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 can be imputed to an employee who has violated the provisions of the law or other regulatory documents. Violation can be expressed either in non-performance, or in improper performance by the employee professional responsibilities through 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, regulations on discipline, charters may provide for certain categories of employees and others not enshrined in Art. 192 of the Labor Code of the Russian Federation disciplinary action. Norm should 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 established in Art. 81 (5, 6, 9, 10, clauses 1 of part), 336 (clause 1), 348.11, as well as provided for in clauses 7.1, 8, 7 of part one of the 81 rules, if the employee's guilty actions give rise to the loss of confidence in him or they have committed an immoral act in the place and in the framework of work.

The application of sanctions not enshrined in federal law, 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 gravity 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 or improper performance by an employee of the duties assigned to him in accordance with the contract, law and other regulatory (including local) acts.

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

Guilt

Failure to fulfill / improper fulfillment of duties will be considered guilty if the citizen acted through negligence or intentionally.

Imposition of a disciplinary sanction according to the Labor Code of the Russian Federation is not allowed if the corresponding violations were committed due to circumstances beyond the control of the person. For example, an employee did not fulfill his duties due to the lack of necessary materials for work, due to disability, etc.

Wrongfulness

The unlawfulness of the behavior (inaction / action) of the employee is expressed in his non-compliance with the requirements of the legislation and other industry regulations.

On this issue, the Plenum of the Supreme Court gave explanations in its ruling No. 2 of 2004. The court indicated that the refusal of an employee to perform a production assignment when a threat to his life / health arises in connection with the elimination of the relevant danger cannot be regarded as a misconduct.

The behavior of a person refusing to perform hard work or in dangerous / harmful conditions, if they are not provided for in the contract, will also be recognized as lawful. 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 performance of the relevant tasks is due to the transfer on the grounds enshrined in Article 72.2, the citizen's refusal to transfer should be considered justified.

Should not be regarded as a violation of discipline, failure to comply with the order of the employer to go to work before the end of the vacation. The law does not provide for the right to call an employee early without his consent. The employee's refusal to comply with such an order (regardless of the reason) should be considered lawful.

Types of discipline violations

As a misdemeanor that can be imputed disciplinary action under the Labor Code of the Russian Federation, only such culpable unlawful behavior that is directly related to the performance of professional duties can be performed. A person's refusal to fulfill a public order or failure to comply with the rules of conduct in a public place cannot be considered a violation.

Discipline violations at the enterprise are:

• The absence of a citizen without a valid reason at the workplace or at work in general.
• Evasion / refusal to undergo a medical examination, special education, certification, passing exams on health and safety, rules for the operation of equipment, if these procedures are a prerequisite for admission to production activities.
• Refusal, without a valid reason, to conclude an agreement on material responsibility if service with valuables is the main labor obligation of the person and it was agreed upon when he was hired at the enterprise, and with the citizen, in accordance with the provisions of the law, the specified contract can be concluded.

Art. 81 of the Labor Code of the Russian Federation

Disciplinary action c is allowed to be used in connection with:

• Repeated failure by a citizen to fulfill his labor functions without a valid reason in the presence of a penalty.
• One-time gross default (violation) of duties.
• Acceptance by the director of the enterprise ( structural unit), his deputy, ch. an accountant of an unjustified decision, the execution of which entailed 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 installed in Labor Code of the Russian Federation to disciplinary sanctions sanctions are envisaged 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 repeatedly during the year.

Exceptions

Given in Art. 192 list is considered exhaustive. The application of any other penalties not provided for in the article is not allowed. For example, the transfer of an employee to a lower-paid position or the collection of a fine as a sanction for violations will be illegal.

Exceptions are allowed in cases directly stipulated by law. For example, Federal Law No. 79 provides that a civil servant, in addition to penalties established by Article 192 of the Labor Code, may be warned of 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 action 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 draw up explanations. If at the end of this period no explanations are provided, the employer must draw up a corresponding act.

It must be said that the failure to provide explanations is not recognized as an obstacle to the application of sanctions to the guilty.

The timing

They are also referred to in norm 193 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 of detection of the violation. This period does not include the days of the employee on vacation, temporary incapacity for work, as well as the time allotted for taking into account the conclusions of the trade union.
• The sanction cannot be applied after 6 months. from the date of the violation, and based on the results of an audit, audit inspection, inspection of financial and business transactions - after two years. In these terms, the time of criminal proceedings is not included.

Only one sanction can be imposed on the perpetrator for each violation. Otherwise, his constitutional rights will be violated.

Disciplinary actionis provided by the legislator as a measure of responsibility for violation of the organization's labor regulations. When superimposeddisciplinary action all requirements of labor legislation must be taken into account. How to apply correctlydisciplinary action e toLabor Code of the Russian Federation , you will learn from our article.

When can disciplinary action be provided?

Providing incentives for conscientious performance of work, the legislator simultaneously introduces norms that regulate the issues of punishment of irresponsible employees.

Disciplinary action can be imposed on an employee only if the latter commits a disciplinary offense.

That is, if the employee does not perform (improperly perform) his job duties, then disciplinary action cannot be avoided.

In particular, misdemeanors include:

• absence of an employee from the workplace without reason for more than 4 hours in a row (absenteeism);
• non-performance job duties stipulated by an employment contract or job description;
• the employee's refusal to perform actions stipulated by the legislation, labor contract, job description or internal acts of the organization with which the employee was familiarized (for example, refusal to undergo a mandatory medical examination, refusal to wear overalls).

However, special federal laws may establish that disciplinary action imposed on an employee not only for committing a misdemeanor that violates labor discipline. For example, the law of 17.01.1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation" establishes that an employee can receive disciplinary action in the case of misconduct that may defame the honor and dignity of the prosecutor's office.

Disciplinary penaltiesand I are divided into general and special.

To general disciplinary action include the following:

• comment;
• rebuke;
• dismissal.

Special disciplinary action provided for by regulations or laws certain types service (employees) in the Russian Federation. But the legislator clearly limits the employer: the application disciplinary action that are not specified in federal law, discipline regulations, or statutes are not allowed. Otherwise, the employer may be held administratively liable for imposing "unnecessary" disciplinary action under Art. 5.27 of the Administrative Code. For one disciplinary offense only one can be superimposed disciplinary action... For example, if an employee appeared at the service in a state of alcoholic intoxication, and the employer reprimanded him for this offense, then dismiss the employee in accordance with sub. "B" clause 6, part 1 of Art. 81 of the Labor Code of the Russian Federation for the same offense, he no longer has the right.

Disciplinary responsibility is an independent type of responsibility. Accordingly, to attract to it, it is necessary to have the composition of the offense in the form of a subject, an object, subjective and objective parties.

The subject in this case will be a citizen who is in labor relations with a specific organization and violates labor discipline.

The subjective side is that the employee is guilty of a committed misconduct.

Object - the work schedule of the organization.

The objective side is the violation itself and the connection between the employee's actions and the resulting consequences.

The result of disciplinary action is the imposition of disciplinary action... In this case, the employer personally decides whether he will impose disciplinary action since that's his right. This conclusion can be drawn from the analysis of labor legislation. But if he nevertheless makes a decision on punishing the employee, then deviation from the requirements of the law is unacceptable.

Procedure for imposing a disciplinary sanction

Disciplinary action can be imposed on an employee no later than 1 month from the day when the employer recorded the violation labor discipline... But this period of time does not include:

Don't know your rights?

• days when the employee was on sick leave;
• vacation;
• time spent on coordination with the representative body (trade union).

It should be remembered that any disciplinary action cannot be superimposed:

• 6 months after the date on which the disciplinary offense was committed;
• after 2 years from the date of the misconduct, which was revealed by the results of a financial, audit or audit.

These terms will not include the period of time during which the proceedings in the criminal case continued.

The procedure for the application of disciplinary sanctions next.

Disciplinary order

Imposition order disciplinary action can be issued only in cases where the employee's guilt is fully proven.

If an employee is imposed disciplinary action in the form of a reprimand or remark, then disciplinary order compiled in any form.

After the issuance of the order to impose disciplinary action the employee must be familiarized with him within 3 days. If he refuses to familiarize himself, then an appropriate act must be drawn up about this. Disciplinary action will be superimposed anyway. This period does not include the period when the employee was absent from the service.

If the employer does not comply with this deadline, then the employee has the right to appeal the imposition disciplinary action.

Recording a violation of labor discipline by an employee in the form of a punishment order is necessary for the employer. Indeed, if there are several outstanding disciplinary action an employee can be dismissed under clause 5 of h. 1 of Art. 81 of the Labor Code of the Russian Federation (an employee repeatedly fails to fulfill his job duties without good reason, while having disciplinary action).

Sample order for disciplinary action

Imposition order disciplinary action printed on the letterhead of the organization and registered in a special journal.

09.03.2017 Yekaterinburg

Due to improper execution by the storekeeper Viktor Petrovich Nesterov job responsibilities imposed on him by the labor contract No. 5 dated 01.09.2005 and the job description of the storekeeper dated 06.08.2004, expressed in the absence of control over the preparation of the shipped products, which led to the failure of the delivery time of the goods to the customer,

P R I K A Z Y V A Y:

reprimand storekeeper Viktor Petrovich Nesterov.

Base:

1. Memorandum of the Deputy Head for Administrative and Economic Affairs O. V. Skvortsov dated 01.03.2017.
2. The act on the commission of an employee of a disciplinary offense No. 45 of 03/05/2017.
3. Explanations of the employee dated 03/02/2017.

Director of LLC "Horns and Hooves" ________________ Strelkov I. P.

How is a disciplinary sanction lifted?

Any disciplinary liability is ongoing, but within the framework of labor relations between specific individuals. That is why the legislator clearly established that if an employee within 1 year from the date of receiving the previous disciplinary action has not received one more, he will be considered exempt from disciplinary responsibility.

The Labor Code establishes that disciplinary action removed from the employee earlier in the following cases:

• at the request of the employer;
• at the request of the employee;
• at the request of the head;
• at the request of a representative body (for example, a trade union).

Liberation from disciplinary action before the established deadline is drawn up, as a rule, by an appropriate order.

Though disciplinary action - this is one of the types of punishment on the part of the employer, it can be completely avoided by observing labor discipline. Please be aware that if you have more than one outstanding disciplinary action you may well be fired under Article 81 of the Labor Code.

The types of disciplinary sanctions are determined not only by the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), but also by other federal laws. Our article will tell you about what a disciplinary offense and a penalty in general are, what types of penalties exist and how they are applied.

What is a disciplinary offense?

Certain measures of influence are applied to employees who have committed a disciplinary offense. At the same time, misconduct means non-fulfillment or improper fulfillment by employees of their duties, that is, violation of the law and / or non-fulfillment of orders of the administration of the enterprise, the requirements of local regulations (job descriptions, labor regulations, etc.). The list of actions (types of inaction) that can be qualified as labor misconduct is contained in paragraph 35 of the Resolution of the Plenum of the RF Armed Forces dated March 17, 2004 No. 2.

The phenomenon under consideration is determined by 2 main features:

1. Disciplinary sanctions are applied only for violations of labor discipline (refusal of social work, for example, cannot be recognized as a misdemeanor).
2. Violations must be guilty, that is, the employee must be proven guilty of committing them. For example, failure to show up for work due to a natural disaster or the imposition of martial law will not be absenteeism, since the employee is not guilty that such circumstances exist and prevent him from entering the service.

Features of disciplinary action

Liability measures in the field of labor relations can be conditionally divided into general (main) and special ones:

• the general ones are listed in Art. 192 of the Labor Code of the Russian Federation;
• special are used in relation to only certain categories of working citizens and are established by the relevant federal laws, statutes or regulations.

As for the types of disciplinary sanctions of the first type mentioned in the Labor Code of the Russian Federation, they are applied to all employees, that is, regardless of the place of service and performed labor functions. Special ones are applicable only to those persons who are subject to a specific specialized legal act (for example, employees of the Ministry of Internal Affairs, customs, etc.). However, it is important to remember that it is forbidden to impose punishments on personnel that are not stipulated by labor law (for example, fines cannot be levied).

Don't know your rights?

Only the employer, that is, the head of the enterprise and / or another person who has been given the appropriate authority, has the right to take advantage of the remedy. He also makes the choice of punishment. Moreover, in accordance with Part 5 of Art. 192 of the Labor Code of the Russian Federation, the severity of the offense and the circumstances accompanying it should be taken into account. If, when considering, for example, a case of reinstatement at work, the court finds that the dismissal is disproportionate to the illegal act, then the employee's claim may be satisfied.

If during the next year after the application of the penalty the citizen does not commit illegal acts, then he is automatically recognized as having no punishment. It is also possible to return the status of a respectable employee before the end of the one-year term by submitting a personal petition to the management, at the request of the immediate supervisor or at the initiative of the employer himself.

Penalties under the Labor Code of the Russian Federation

Types of disciplinary sanctions under the Labor Code of the Russian Federation:

• comment;
• rebuke;
• dismissal.

If everything is clear with the first two types of disciplinary sanctions: they do not entail any significant inconvenience for the employee and only give the employer the right to apply a more serious sanction (dismissal) upon repeated admission of a violation, then it is worth dwelling on the last point in more detail.

The fact is that not every dismissal is considered disciplinary, but only that which was carried out in accordance with Part 3 of Art. 192 of the Labor Code of the Russian Federation on grounds, including:

1. The reasons established by some paragraphs of Art. 81 of the Labor Code of the Russian Federation:
   • the employee already has a penalty, but he repeatedly without good reason violates labor discipline (clause 5);
   • single gross offense (p. 6);
   • loss of confidence in a person dealing with material values ​​due to his guilty actions (clause 7);
   • loss of confidence in a person who has not resolved the conflict of interest (clause 7.1);
   • commission of an immoral act by an employee carrying out educational functions (clause 8);
   • unreasonable decision of the head of the enterprise, his deputy, chief accountant, resulting in damage to the property of the organization (clause 9);
   • a single gross tort committed by the head of the enterprise or his deputy (clause 10).
2. Termination of labor relations with a teacher under clause 1 of part 1 of Art. 336 of the Labor Code of the Russian Federation for gross non-compliance with the norms of the charter of the institution. In this case, the offense must be repeated within 1 year.
3. Termination of a contract with an athlete due to disqualification for 6 months or more, violation of anti-doping requirements (Article 348.11 of the Labor Code of the Russian Federation).

What measures relate to special types of penalties?

As mentioned above, in addition to those described in the Labor Code of the Russian Federation, the types of disciplinary sanctions include those that are established:

1. Federal laws. For example, Art. 41.7 of the federal law "On the Prosecutor's Office ..." dated 17.01.1992 No. 2202 introduces measures labor responsibility in the form of a severe reprimand, demotion and other methods of influence applied to prosecutors. Also, a number of laws regulating labor activity in certain areas contain specific categories of penalties that are not stipulated by the Labor Code of the Russian Federation.
2. Charters. It should be noted here that the charter is not understood as a local document of the enterprise, but a normative act approved by federal law or adopted in the manner prescribed by law (part 5 of article 189 of the Labor Code of the Russian Federation). So, Art. 4 of the Federal Law "Charter on Discipline ..." dated 03/08/2011 No. 35-FZ indicates such a measure of influence for employees in the field of nuclear power, as a warning about incomplete compliance with the position or work performed.
3. Regulations. In this case, the regulation must also be approved by law. As an example, we can mention the regulation on the discipline of railway transport workers, approved by Decree of the Government of the Russian Federation of August 25, 1992 No. 621. Clause 15 of this document refers to the deprivation of a certificate for the right to drive a locomotive and other railway transport as a form of responsibility ...

General rules for prosecution under Art. 193 of the Labor Code of the Russian Federation

The main provisions on the application of penalties are contained in Art. 193 of the Labor Code of the Russian Federation. In particular, these include the following rules:

1. There is a limitation period for the application of liability measures. It is equal to 1 month, which begins to be calculated from the date of the discovery of the act. At the same time, the period does not include the days of illness of the employee and any type of vacation, including without pay or in connection with training. In addition, the specified period is interrupted if it is required to carry out a procedure for taking into account the opinion of the representative body of workers.
2. The punishment can be applied no later than 6 months from the date of the misconduct. If the violation was discovered after an audit or audit - no later than 2 years.
3. One penalty is imposed for one offense. However, if, after being prosecuted, the employee continues to violate discipline, then the employer has the right to apply new measures of influence (up to and including dismissal).

Punishments and the procedure for their application

The conditions for the application of the types of punishment under consideration are established by Art. 193 of the Labor Code of the Russian Federation. According to this norm, the employer must comply with the following algorithm of actions:

1. Request a written explanation from the perpetrator. It is recommended to fill out the request in a letter as well and inform the employee about the specified request under the signature. If a citizen does not appear at the workplace, the specified request should be sent to him by mail in valuable mail with a list of investments. The employee is given 2 days to provide explanations. In case of refusal to give explanations or if it is impossible to deliver the demand to the employee (for example, the citizen did not receive the letter in the mail and it was returned), the administration of the enterprise, after 2 days from the moment the employee was notified or the letter was returned, draws up an appropriate act. This document will be needed at the trial when it is initiated by the employee as proof that the employer has complied with the rules for bringing the employee to justice.
2. Issue an order on the application of methods of influence to a citizen. It must describe the misconduct and indicate the type of disciplinary action. If we are talking about dismissal, then 1 order is drawn up, and not 2 separate ones (on the imposition of a penalty and termination of labor relations) - this was drawn to the attention of the RF Armed Forces in the definition of 09.11.2012 No. 60-APG12-7.
3. To acquaint the employee with signature with the specified order, for which 3 days are given after it is drawn up. This term does not include days when the person is absent from work. If a citizen refuses to get acquainted, the administration draws up an appropriate act.

So, the types of disciplinary sanctions are divided into 2 large groups: general and special. General ones are described in the Labor Code of the Russian Federation and apply to all employees. Special ones are contained in specialized regulations and apply only to those people who fall under these legal sources. The rules and procedure for applying any types of punishment are the same for all categories of citizens and are specified in the Labor Code of the Russian Federation.

For reading 10 min. Views 16 Posted on 03.06.2018

According to the Labor Code of the Russian Federation, the employer has the right to use different kinds penalties for employees who violate their job descriptions or discipline rules established at the enterprise. It is important to pay attention to the fact that the employer is given the opportunity to choose only one of the penalties for employees. The need to apply penalties is due to the creation of the right microclimate in the team, aimed at performance labor process... In this article, we propose to consider what disciplinary action is at work.

Disciplinary action is the ability of a manager to punish an employee for any misdemeanor committed in relation to his / her labor duties.

Varieties of penalties

According to the rules established by the Labor Code of the Russian Federation, each worker must comply with the organization procedure and job descriptions. Violation of these rules may result in disciplinary action. As a rule, penalties are used against those employees of the company who neglect their own obligations. It is important to emphasize that an employer must comply with a number of mandatory rules in disciplinary proceedings. Otherwise, the punished worker can apply to the controlling organizations with a complaint about the violation of his own rights and interests.

It should also be noted that the law prohibits the use of penalties that are absent in the current regulatory documents and provisions. This means that in case of the wrong choice of methods of punishing the employee, the employer is responsible to the controlling structures. The following are the types of disciplinary sanctions under the Labor Code of the Russian Federation:

• reprimand;
• making a public comment;
• termination employment contract.

The one hundred and ninety-second article of the Labor Code of the Russian Federation contains a list of the main types of disciplinary sanctions. This document also provides the grounds for imposing penalties on an employee. As a rule, the main reason for using such measures is the unfair execution of clauses labor agreement... In addition, a violation of labor discipline and deviation from job descriptions may become grounds for disciplinary action. It is important to note that the execution of actions prohibited by the internal acts of the company may also entail prosecution.

Making a comment

Public comment is one of the most relevant methods of punishing labor discipline violators. This method is used in cases where violations by the employee do not bring material harm to the company. Also, this type of penalties can be used for minor violations. An example of such a situation would be the first violation by an employee during the performance of labor obligations. To make a public comment, a number of conditions must be met. The first step is to make sure that the employee is familiar with their job descriptions during the employment process. This fact must be confirmed by the worker's signature.

Before the creation of administrative documents on the issuance of a reprimand, the administration of the company should receive a written explanation from the employee. The deadline for submitting this document is two days. In the text explanatory note, the employee lists the reasons that led to deviations from job descriptions. This document can serve as proof of the absence of the employee's fault.

A disciplinary sanction in the form of a remark can be imposed only if the employee does not have valid reasons explaining him misbehaving. production raw materials, Supplies or other factors). Determination of the degree of respect for the listed reasons is the responsibility of the company management. In the event that the head of the company decides to use penalties, it is necessary to prepare an appropriate administrative document. This document is given to the employee for review. The fact of familiarization is confirmed by the signature of the employee.

According to the established rules, this type of disciplinary sanction has a certain period of validity. This period is equal to one year from the moment of violation of discipline by the employee. It is important to pay attention to the fact that the employee has the right to submit a written application for the early removal of penalties. The same right is granted to trade union organizations, heads of departments and the employer himself.

Reprimand

A reprimand is a disciplinary measure that can be used by an employer against employees who have violated discipline. It should be noted that in the current laws there are no criteria that correspond to this type of penalties. In practice, this penalty is used for violations of moderate severity or regular minor offenses. Examples of such situations may be: absenteeism, regular late work, deviations from safety regulations, and poor performance of labor obligations.

Also, this type of punishment can be used for violations that are not subject to administrative liability. Such a measure can be used in relation to those workers who refuse to take advanced training courses or a mandatory medical examination.

Another reason for the reprimand is the creation of a force majeure situation, which caused material damage to the company. In this case, the administration of the company must prepare a corresponding order. According to the current legislation, the employer has the right to impose penalties on the employee, within six months from the moment of fixing the fact of the worker's misconduct. After this period, the employer has no right to use such penalties.

Often, a reprimand is used as a more severe form of punishment for workers. This type of disciplinary sanction can be imposed after the employee's repeated misconduct, carried out after receiving a comment. It is important to pay attention to the fact that the employer does not have the right to use several types of sanctions for one offense of the worker. It should also be mentioned that the head of the company must have a good reason for choosing this measure. Otherwise, the employee who received the reprimand can challenge the decision of the management by contacting the regulatory authorities.

All of the above explains the need to follow the rules of this process. In order to issue a reprimand, the company's management must attest to the fact of the violation. For this, the head of the department where the employee who violated the discipline works, draws up a memorandum. This document lists violations and describes events that are relevant to the issue in question. The memo must necessarily contain the date of the force majeure situation, a list of the circumstances contributing to its occurrence, as well as a list of persons involved in this process.

The employee of the company is given the right to submit an explanatory note explaining the circumstances preceding the violation. According to the Labor Code, the employer does not have the right to require the provision of this document without fail. It should also be noted that the fact of the reprimand is recorded in the employee's personal file. Make notes in the employee's personal documents ( work book) is prohibited by law. In addition, it must be said that the fact of imposition of penalties may be the basis for depriving the employee of bonus payments and other additional incentives. However, the withdrawal of the prize itself is not a disciplinary sanction.

The duration of the reprimand is twelve months from the date of its issuance. This means that after a given period of time, penalties are removed from the employee. There are a number of situations in which a sentence can be canceled before the expiration of this period. Each employee is given the opportunity to submit a request to the company's management. It is important to note that the decision on early withdrawal of the reprimand rests with the company's management. As a rule, a positive decision is made in situations where the employee does not interfere with the internal investigation and voluntarily submits an explanatory note.

Punishment in the form of dismissal

What types of disciplinary sanctions are provided for by the labor code of the Russian Federation? Considering this issue, one should dwell in detail on such a punishment as dismissal. D This type of penalties is used for misdemeanors that have caused material damage to the company. It is important to note that the choice of this type of punishment is the employer's right. In order to fire an employee who has violated job descriptions or discipline, you must:

1. Attest to multiple violations of the discipline established at the enterprise (the fact of deviations from the fulfillment of their labor obligations, systematic delays and other violations).
2. Record a single offense of a serious nature (unjustified absenteeism, being drunk on the employer's territory, theft, disclosure of commercial secrets and other confidential information).

In the cases under consideration, it is very important to correctly arrange all Required documents... All events must be corroborated by written testimony from witnesses to the violation. The offender is given two working days to provide an explanatory note. Further, the management of the company prepares an administrative act. A copy of the order is given to the employee. The act on the imposition of a disciplinary sanction is the basis for the preparation of an order to terminate an employment contract.

According to the established procedure, the employer must make a payment to the dismissed employee. During the paperwork, a special note about the reason for the dismissal is recorded in the work book. It is important to pay attention to the fact that the employer is given a period of one month for the registration of this type of penalties. Separately, it should be noted that the employer does not have the right to fire an employee who is on vacation. You should also ask the employee to provide an explanatory note without fail. Failure to comply with these rules can be regarded as illegal actions on the part of the company's management.

The procedure for the use of penalties

Disciplinary action is one of the tough methods of monitoring company employees in order to maintain discipline and achieve high performance results. Refusal to use such practices allows workers to feel unpunished and commit various violations. The punishment for minor offenses can be either a verbal warning or an educational lecture. In the event that light penalties do not bring the desired effect, the employer can use more severe types of penalties.

The list of types of disciplinary sanctions is given in the one hundred and ninety-second article of the Labor Code.

As mentioned above, in relation to employees who have committed misconduct, such punishments as reprimand, reprimand or dismissal can be used. These types of penalties can be used in case of refusal of employees to fulfill their contractual obligations, in violation of discipline or systematic delays. It is important to note that heavy sanctions apply only to violations such as damage to company personal property, theft and other similar misconduct.

Next, we propose to consider the procedure for applying penalties. At the first stage of this procedure, the company's management draws up an act indicating a violation by the employee. After that, the administration of the company should ask the employee to state the reasons for these events in writing. The deadline for submitting an explanatory note is two working days. In the absence of an explanatory document, the head of the company draws up an appropriate document.

Further, the administration of the company determines the severity of the employee's guilt and chooses the appropriate type of punishment. At this stage, it is very important to carefully study all available documents in order to assess the nature of the violation. It is important to note that in the absence of an evidence base, the employer has no right to punish the employee. The final step is the preparation of a disciplinary order. According to the established procedure, for one violation, you can use only one of the types of penalties.

In the administrative documents on the appointment of a disciplinary sanction, it is necessary to provide complete information about the punished employee. This means that this document must contain the full name of the employee, a mark about his position and other information. The following is a link to internal acts, which are the basis for the application of penalties. The issued order is handed over to the employee for review. The fact of acquaintance is confirmed by the signature of the culprit. In case of refusal to sign the order, the company's management must prepare an appropriate document, which is certified by two eyewitnesses.

In contact with

1. A disciplinary penalty may be applied to an employee for violation of labor discipline, i.e. for a disciplinary offense.

A disciplinary offense is a guilty, unlawful failure to perform or improper performance by an employee of his / her job duties (violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, employer's orders, technical rules, etc.).

Failure to perform or improper performance of work duties is found guilty if the employee acted intentionally or through negligence. Failure to perform or improper performance of duties for reasons beyond the control of the employee (for example, lack of necessary materials, disability) cannot be considered as an official misconduct.

The unlawfulness of the actions or inaction of the employee means that they do not comply with laws, other regulatory legal acts, incl. discipline regulations and statutes, job descriptions... On the contrary, any actions of an employee that comply with laws and other regulatory legal acts are lawful and cannot be qualified as a disciplinary offense. As established by clause 19 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2, an employee cannot be disciplined for refusing to perform work in the event of a danger to his life and health as a result of violation of labor protection requirements, with the exception of cases provided for federal laws, until such danger is eliminated or for refusal to perform heavy work and work with harmful and (or) dangerous conditions labor not provided for by the employment contract. Since the Code does not contain provisions prohibiting an employee to exercise this right even when the performance of such work is caused by a transfer on the grounds provided for in Art. 72.2 of the Labor Code, the employee's refusal to temporary transfer for another job in the order of Art. 72.2 TC for the above reasons is justified.

Considering that the law does not provide for the right of the employer to prematurely recall him from vacation without the consent of the employee, the employee's refusal (regardless of the reason) to comply with the employer's order to return to work before the end of the vacation can also not be considered as a violation of labor discipline (paragraph 37 of the Resolution of the Plenum of the RF Armed Forces dated March 17, 2004 N 2).

Only such illegal actions (inaction) of an employee that are directly related to the performance of his labor duties can be recognized as a disciplinary offense.

Violations of labor discipline, which are disciplinary offenses, paragraph 35 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2, in particular, includes:

a) the absence of an employee without good reason at work or at the workplace.

At the same time, it must be borne in mind that if a specific workplace of this employee, then in the event of a dispute over the issue of where the employee is obliged to be in the performance of his job duties, one should proceed from the fact that by virtue of Part 6 of Art. 209 of the Labor Code, a workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer;

• b) the employee's refusal, without good reason, to perform his job duties in connection with a change in established order labor standards, because by virtue of the employment contract, the employee is obliged to fulfill the specified in this contract labor function, comply with the internal labor regulations in force in the organization. It should be borne in mind that refusal to continue work in connection with a change in the terms of the employment contract determined by the parties is not a violation of labor discipline, but serves as the basis for terminating the employment contract under clause 7, part 1 of Art. 77 of the Labor Code in compliance with the procedure provided for in Art. 74 TC;
• c) refusal or evasion without good reason from a medical examination of workers of certain professions, as well as the refusal of an employee to undergo a work time special training and passing exams in labor protection, safety and operating rules, if this is a prerequisite for admission to work.

The employee's refusal to conclude an agreement on full material responsibility for the safety of material assets should also be considered guilty as a violation of labor discipline, if the performance of duties for the maintenance of material assets is for the employee his main job function, which is agreed upon when hiring, and in accordance with legislation with him can be concluded an agreement on full liability (clause 36 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2).

2. For unlawful, guilty non-performance or improper performance by the employee of the labor duties assigned to him, the employer has the right to apply to him one of the penalties provided for in Art. 192: remark, reprimand, dismissal on appropriate grounds.

Federal Law of June 30, 2006 N 90-FZ clarified what specific grounds for dismissing an employee, provided for in Part 1 of Art. 81 of the Labor Code, refer to disciplinary sanctions: clause 5 ( repeated failure by an employee without a valid reason for labor duties, if he has a disciplinary penalty), clause 6 (one-time gross violation of labor duties by an employee), clause 9 (making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed violation of the safety of property, its unlawful use or other damage to the property of the organization), clause 10 (one-time gross violation by the head of the organization (branch, representative office), his deputies of their job duties), as well as clauses 7, 8, part 1 of Art. 81 in cases where the culpable acts giving grounds for loss of confidence, or, accordingly, an immoral misconduct were committed by an employee at the place of work and in connection with the performance of his job duties.

In addition, the Federal Law of June 30, 2006 N 90-FZ includes dismissal as disciplinary sanctions. teacher due to repeated gross violation of the charter within one year educational institution(clause 1 of article 336 of the Labor Code).

The list of disciplinary sanctions enshrined in Art. 192 is exhaustive. This means that it is illegal to apply any other penalty. It would be illegal, for example, to transfer an employee to a lower-paid job as a disciplinary measure or to impose a fine from him.

3. Exceptions to this general rule are possible only in cases directly provided for by the legislation on disciplinary liability, charters and regulations on discipline for certain categories of employees. So, in accordance with Art. 57 of the Law on State civil service to a civil servant for non-fulfillment or improper fulfillment of the duties assigned to him in addition to the penalties provided for in Art. 192, a warning about incomplete job compliance may also be applied.

It should be noted that clause 15 of the Regulation on the discipline of railway workers Russian Federation, approved By Decree of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP RF. 1992. N 9. Art. 608), special disciplinary penalties were established for the commission of disciplinary offenses specified in paragraphs 16 and 17, by employees performing a labor function related to the movement of trains and shunting work: deprivation of the driver's certificate for the right to drive a locomotive, motor-car rolling stock, special self-propelled rolling stock, the driver - a certificate for the right to drive a trolley, an assistant locomotive driver, motor-car rolling stock, special self-propelled rolling stock - certificates of an assistant driver, assistant driver of a trolley - certificates of an assistant driver for a period of up to 3 months or up to one year. Such penalties could be applied for misdemeanors that endangered a crash or accident, life and health of people. An employee who was deprived of the relevant certificate or certificate was transferred, with his consent, to another job for the same period.

By the decisions of the Supreme Court of the Russian Federation of May 24, 2002 N GKPI2002-375 (SPS ConsultantPlus) and of October 28, 2002 N GKPI2002-1100 (Economics railways... 2003. N 8) clauses 15 - 17 of the Regulations were declared illegal, since the disciplinary sanction in the form of dismissing an employee from office with the provision, with his consent, in the order of transferring another job refers to forced labor and does not comply with the law. In addition, the foreseen penalties and the grounds for their application were introduced by a by-law, which contradicts Art. Art. 192 and 330 of the Labor Code, according to which the types of disciplinary sanctions and the grounds for their application can be established only by federal laws. By virtue of Art. 330 TC discipline of workers whose work is directly related to the movement Vehicle, is regulated by the Labor Code and the provisions (charters) on discipline approved by federal laws.

By the decision of the Supreme Court of the Russian Federation of May 24, 2002 N GKPI2002-375, it was declared illegal and part 3, clause 14 of the Regulation, allowing the application of disciplinary sanctions (except for dismissal) for violation of the established rules of conduct in office space, trains, on the territory of enterprises, institutions and organizations of railway transport not in the performance of their labor duties by employees, which does not correspond to the definition of a disciplinary offense formulated in Art. 192.

By the Decree of the Presidium of the Supreme Court of the Russian Federation of July 3, 2002 N 256pv-01 (SPS ConsultantPlus), clause 18 of the Regulations was also declared illegal, containing additional grounds for dismissing railway workers for violation of labor discipline, since the introduction of an additional basis for dismissal by a by-law contradicts the requirements of the legislation RF, according to which the employment contract can be terminated on the grounds provided for by the Labor Code or other federal laws.

4. The right to choose a specific disciplinary measure from among those provided for by law belongs to the employer, who must take into account the severity of the offense, the circumstances in which it was committed, the employee's previous behavior, etc.

As explained in paragraph 53 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2, the employer must provide evidence indicating not only that the employee has committed a disciplinary offense, but also that when a penalty was imposed, the severity of this offense was taken into account and the circumstances under which it was committed, as well as the employee's previous behavior, his attitude to work. If, when considering the case for reinstatement at work, the court comes to the conclusion that the misconduct did take place, but the dismissal was made without taking into account the above circumstances, the claim may be satisfied.

However, in this case, the court is not entitled to replace the dismissal with another penalty, since in accordance with Art. 192 It is the employer's competence to impose a disciplinary sanction on an employee.

5. Applying such a penalty as dismissal from work, it must be borne in mind that it is allowed only on the grounds expressly provided for in paragraphs 5-10 h. 1 of Art. 81, paragraph 1 of Art. 336 TC.

With regard to dismissal on separate grounds specified in Art. 81 of the Labor Code and in clause 1 of Art. 336 of the Labor Code, the Plenum of the Supreme Court of the Russian Federation in paragraph 52 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2 specifically clarified that the dismissal of an employee for repeated non-performance of work duties without good reason, as well as for a single gross violation of labor duties by the employee; for committing guilty acts giving grounds for the loss of trust, or committing an immoral offense, if the guilty acts giving grounds for the loss of trust, or, accordingly, an immoral offense were committed by an employee at the place of work or in connection with the performance of his labor duties; dismissal of the head of the organization (branch, representative office), his deputies or the chief accountant for making an unreasonable decision that entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization; dismissal of the head of an organization (branch, representative office), his deputies for a single gross violation of labor duties, dismissal of a teacher for repeated gross violation of the charter of an educational institution within one year (clauses 5-10, part 1 of article 81, clause 1 Article 336 of the Labor Code) is a disciplinary measure.

6. When imposing a disciplinary sanction, the employer should take into account general principles legal and, consequently, disciplinary responsibility, such as justice, equality, proportionality, legality, guilt, humanism. As already noted, the Plenum of the Supreme Court of the Russian Federation for this purpose, in paragraph 53 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2, drew the employer's attention to the need to provide evidence that testifies not only that the employee committed a disciplinary offense, but also the fact that when a penalty was imposed, the severity of this offense, the circumstances under which it was committed, the employee's previous behavior, and his attitude to work were taken into account.

This position of the Plenum of the Supreme Court of the Russian Federation was consolidated in new edition Art. 192. Federal Law No. 90-FZ of June 30, 2006 supplemented this article with a provision, according to which, when imposing a disciplinary sanction, the gravity of the offense and the circumstances under which it was committed must be taken into account.

7. The employer may, taking into account all the circumstances of the case, not impose a penalty on the employee, but confine himself to a conversation with him or an oral remark. At the same time, the employer has the right to apply a disciplinary sanction to the employee even when he submitted an application for termination of the employment contract on his own initiative before committing the misdemeanor, since labor Relations in this case, they are terminated only after the expiration of the notice of dismissal (clause 33 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2).