What is recovery at work? Disciplinary punishment for an employee: types, order of impositions and consequences for the employee. Types of disciplinary sanctions and application features

An employee can be brought to disciplinary liability only by applying disciplinary sanctions provided for by law. In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, that is, for failure to comply or improper execution by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: 1) reprimand; 2) reprimand; 3) dismissal for appropriate reasons. IN in this case The legislator has determined the measures that are applied when bringing employees to general disciplinary liability. However, one cannot help but notice that in Part 1 of Art. 192 of the Labor Code of the Russian Federation does not define specific grounds for dismissal recognized as a disciplinary sanction. Obviously, this includes clause 5 of Art. 81 of the Labor Code of the Russian Federation, that is, termination of an employment contract for repeated failure by an employee to fulfill work duties without good reason, if he already has a disciplinary sanction. Disciplinary sanctions include dismissal under paragraphs. "a" clause 6 of Art. 81 of the Labor Code of the Russian Federation for absenteeism, that is, for absence from the workplace without good reason for more than four hours in a row during the working day. Disciplinary action is also termination of the employment contract under paragraphs. "b" clause 6 of Art. 81 of the Labor Code of the Russian Federation for appearing at work in a state of alcohol, drug or toxic intoxication. The dismissal of an employee under paragraphs. is also recognized as a disciplinary sanction. "c" clause 6 of Art. 81 of the Labor Code of the Russian Federation for the disclosure by an employee of a legally protected secret that became known to him in connection with the performance of his job duties. Dismissal under paragraphs. "d" clause 6 of Art. 81 of the Labor Code of the Russian Federation for committing theft at the place of work, including small theft, of someone else’s property is also recognized as a disciplinary sanction. A disciplinary sanction is also dismissal under paragraphs. "d" clause 6 of Art. 81 of the Labor Code of the Russian Federation for violation by an employee of labor protection requirements, if this violation entailed serious consequences or knowingly created a threat of such consequences. Dismissal under clause 9 of Art. 81 of the Labor Code of the Russian Federation for making an unjustified decision by the head of an organization (branch, representative office), his deputies and the chief accountant of the organization, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization is also a disciplinary sanction. In this case, we are talking about special disciplinary liability, since both the subject held accountable and the offense for which special disciplinary liability is imposed are special. Dismissal under clause 10 of Art. is also recognized as a disciplinary sanction. 81 Labor Code of the Russian Federation for a one-time gross violation the head of the organization (branch, representative office), his deputies for their labor duties. In this case, we are also talking about special disciplinary liability, since the subjects held accountable must occupy the appropriate position. The actions for which prosecution is carried out on this basis also have a special character, since the disciplinary measure in question can only be applied for an offense that does not coincide with disciplinary offenses, the commission of which may result in dismissal on general grounds.

The listed grounds for termination of an employment contract at the initiative of the employer in judicial practice are recognized as disciplinary measures. However, certain grounds for dismissal for guilty and unlawful actions related to the performance of labor duties are not recognized as disciplinary measures. In particular, dismissal under clause 7 of Art. 81 of the Labor Code of the Russian Federation for the commission of guilty actions by an employee directly servicing commodity or monetary assets, if these actions give rise to a loss of confidence in him on the part of the employer and are committed outside the place of work, is not recognized as a disciplinary measure. Termination of an employment contract under clause 8 of Art. 81 of the Labor Code of the Russian Federation for the commission by an employee performing educational functions, an immoral offense incompatible with this work, committed outside the place of work, is also not classified by judicial practice as a disciplinary sanction. Refusal to include the above-mentioned grounds for termination of an employment contract at the initiative of the employer in the number of disciplinary sanctions conflicts with Part 1 of Art. 192 of the Labor Code of the Russian Federation, which defines a disciplinary offense, the commission of which involves the application of the listed disciplinary measures, including dismissal from work. Indeed, termination of an employment contract on these grounds requires proof that the employee committed guilty and unlawful actions that resulted in non-fulfillment or improper performance of labor duties. In this connection, the listed grounds should also be considered disciplinary sanctions. Indirectly, such an inclusion is also recognized in judicial practice, which proceeds from the fact that when applying these grounds for dismissal, one should take into account the time the offense was committed, the behavior of the employee, his attitude towards him, that is, the same circumstances as when applying disciplinary sanctions. However, judicial practice does not indicate what standards should be followed when assessing these circumstances. As is known, labor law norms are applied according to the rules of civil procedural legislation. In paragraph 4 of Art. 1 of the Code of Civil Procedure of the Russian Federation establishes the application of procedural norms by analogy, and in paragraph 3 of Art. 11 of the Code of Civil Procedure of the Russian Federation provides for the application of substantive norms by analogy.

From which it follows that the assessment of the listed circumstances when applying clauses 7 and 8 of Art. 81 of the Labor Code of the Russian Federation should be carried out using, by analogy, at least procedural and substantive rules on the application of disciplinary sanctions. The above allows us to conclude that when applying clauses 7 and 8 of Art. 81 of the Labor Code of the Russian Federation, the rules for bringing employees to disciplinary liability must be observed. Moreover, these types of disciplinary sanctions should be included in special disciplinary liability. Subjects who can be dismissed on the grounds under consideration perform special labor duties; their dismissal may take place for committing special offenses that are not covered by general disciplinary offenses. Therefore, in this case it is quite appropriate to talk about special disciplinary liability.

In Part 3 of Art. 192 of the Labor Code of the Russian Federation prohibits the use of disciplinary measures not provided for by federal laws, charters and regulations on discipline. The application of a disciplinary sanction not provided for by the listed regulatory legal acts allows the employee to whom they were applied to be recognized as not having a disciplinary sanction. Thus, for committing a disciplinary offense, measures cannot be applied that are not provided for in the above-mentioned regulatory legal acts, in particular, deprivation of bonuses, transfer of the queue for receiving housing, and others.

In Part 1 of Art. 192 of the Labor Code of the Russian Federation lists general disciplinary sanctions, which, as a rule, are applied when disciplinary offenses are committed that entail general disciplinary liability. In Part 2 of Art. 192 of the Labor Code of the Russian Federation states that federal laws, charters and regulations on discipline for individual categories employees may be subject to other disciplinary sanctions, that is, a list of disciplinary sanctions listed in Part 1 of Art. 192 of the Labor Code of the Russian Federation, may be supplemented with special disciplinary sanctions, the application of which is evidence of bringing the employee to special disciplinary liability. However, the introduction of additional disciplinary sanctions must comply with legal requirements.

In accordance with Part 3 of Art. 55 of the Constitution of the Russian Federation, restrictions on the rights and freedoms of man and citizen, including in the sphere of labor, can only be carried out by federal law and only to achieve the goals listed in this constitutional norm. The introduction of special grounds for dismissal from work as a disciplinary measure is a restriction of the constitutional right of workers to freely dispose of their ability to work. Therefore, special grounds for dismissal as a disciplinary measure can be introduced by federal law in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

In accordance with Part 5 of Art. 189 of the Labor Code of the Russian Federation, statutes and regulations on discipline are approved by the Government of the Russian Federation. Consequently, in their form, these regulatory legal acts cannot be recognized as a legal basis for restricting the rights and freedoms of man and citizen, including in the sphere of labor. In this connection, special disciplinary sanctions may appear in the charters and regulations on discipline, which do not limit labor rights and freedom of workers. For example, penalties in these regulatory legal acts may include a severe reprimand, deprivation of a bonus, a warning about incomplete performance and other penalties that do not entail termination of the employment contract with the employee. The application of these penalties cannot be recognized as a restriction of the labor rights of employees, since in this case an extreme disciplinary measure in the form of dismissal may follow in the absence of the possibility of using additional disciplinary sanctions. That is, the path to dismissal from work as a disciplinary measure increases. In this connection, we can conclude that labor rights are not limited when applying such measures. Let us once again draw attention to the fact that disciplinary measures may be applied to the employee, which are provided for in federal laws, charters and discipline regulations approved by the Government of the Russian Federation. The application of other disciplinary sanctions when it is proven that a disciplinary offense has been committed and its composition does not allow recognizing the bringing of an employee to disciplinary liability as legal and justified. Thus, the application of a disciplinary measure that complies with the current legislation is one of the legally significant circumstances when bringing an employee to disciplinary liability.

Article 192. Disciplinary sanctions

For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal for appropriate reasons.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for points 5, 6, 9 or 10 part one of article 81, paragraph 1 of article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of the first part of Article 81 of this Code in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by an employee at the place of work and in connection with the performance of his job duties.

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

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

Article 193. Procedure for applying disciplinary sanctions

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from day of discovery misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees.

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

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

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

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

12 Characteristics of the grounds for dismissal of an employee

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

    Duration of the contract labor activity expired. The contract, which was concluded for a short period of time until the moment when the absent worker takes up the position, is cancelled. The situation is the same with a seasonal work agreement. The employee must be informed in writing no later than 3 days before the end of the contract (except for termination of a fixed-term contract).

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

    Transfer of an employee to another position in another company at his request or after receiving his consent to do so.

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

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

    If an employee refuses to perform his direct labor duties due to the fact that the terms of a previously concluded employment contract have been changed in some way.

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

    Refusal of a worker to perform his functions if the employer has been moved to another location.

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

    Violation by employee labor discipline and failure to fulfill their duties. This may include: absenteeism without a valid reason; showing up at the workplace while intoxicated, for which there is evidence; disclosure of official secrets, as well as violation of safety regulations by employees (which in turn led to grave consequences).

    If an employee is not suitable for the position he occupies due to an insufficient level of qualifications. This must be confirmed by the results of the employee’s certification.

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

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 what a disciplinary offense and punishment in general are, what types of penalties exist and how they are applied.

What is a disciplinary offense?

Certain sanctions are applied to employees who have committed a disciplinary offense. Misdemeanor means failure or improper performance by employees of their duties, i.e. violation of the law and/or failure to comply with orders of the enterprise administration, requirements of local regulations (job descriptions, labor regulations, etc.). The list of actions (types of inaction) that can be qualified as a labor misconduct is contained in paragraph 35 of the Resolution of the Plenum of the Armed Forces of the Russian Federation 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 considered a misdemeanor).
  2. Violations must be culpable in nature, i.e. the employee’s guilt in allowing them must be proven. For example, absence from work due to natural disaster or the introduction of martial law, will not constitute absenteeism, since it is not the employee’s fault that such circumstances occur and prevent him from going to work.

Features of disciplinary sanctions

Responsibility measures in the field of labor relations can be divided into general (basic) and special:

  • general ones are listed in Art. 192 Labor Code of the Russian Federation;
  • special ones are used in relation only to certain categories of working citizens and are established by the relevant federal laws, charters 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, i.e., regardless of the place of service and the job functions performed. Special ones are applicable only to those persons who are covered by 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 prohibited to impose penalties on personnel that are not stipulated by labor legislation (for example, fines cannot be collected).

Only the employer, i.e. the head of the enterprise and/or another person who has been given the appropriate authority, has the right to use the measure of influence. He also chooses the punishment. At the same time, 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 its commission should be taken into account. If, when considering, for example, a case on reinstatement at work, the court considers that the dismissal is disproportionate to the unlawful act, then the employee’s claim may be satisfied.

If during the next year after the penalty is applied, the citizen does not commit illegal acts, then he is automatically recognized as not having any penalties. It is also possible to return the status of a respectable employee before the end of the one-year period by submitting a personal petition to 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 penalty (dismissal) if the violation is repeated, 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 the provisions specified in Part 3 of Art. 192 of the Labor Code of the Russian Federation for reasons including:

  1. The reasons established by some paragraphs of Art. 81 Labor Code of the Russian Federation:
    • the employee already has a penalty, but he repeatedly violates labor discipline without good reason (clause 5);
    • single gross misconduct (clause 6);
    • loss of trust in the person dealing with material assets, because of his guilty actions (clause 7);
    • loss of trust in a person who has not resolved a conflict of interest (clause 7.1);
    • the commission of an immoral act by an employee performing educational functions (clause 8);
    • an unjustified decision by the head of the enterprise, his deputy, or the chief accountant, which resulted in damage to the organization’s property (clause 9);
    • a single gross tort committed by the head of the enterprise or his deputy (clause 10).
  2. Termination of employment relations with teaching worker according to clause 1, part 1, art. 336 of the Labor Code of the Russian Federation for gross non-compliance with the norms of the institution’s charter. 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 apply 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...” of January 17, 1992 No. 2202 introduces measures labor responsibility in the form of a severe reprimand, demotion in class rank and other methods of influence applied to prosecutorial employees. Also, a number of laws regulating labor activity in certain areas contain specific categories of penalties not specified by the Labor Code of the Russian Federation.
  2. Charters. It should be noted here that the charter does not mean a local document of the enterprise, but a normative act approved by federal law or adopted in the manner established by law (Part 5 of Article 189 of the Labor Code of the Russian Federation). Yes, 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 nuclear energy, as a warning about incomplete compliance with the position held or the work performed.
  3. Regulations. In this case, the provision 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 liability .

General rules for bringing to responsibility under Art. 193 Labor Code of the Russian Federation

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

  1. There is a statute of limitations for applying liability measures. It is equal to 1 month, which begins to be calculated from the day the act was discovered. At the same time, days of illness of the employee and any type of leave, including without pay or in connection with training, are not counted towards the deadline. In addition, this period is interrupted if it is necessary to carry out a procedure for taking into account the opinion of the representative body of workers.
  2. Punishment can be applied no later than 6 months from the date of commission of the offense. 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 held accountable, the employee continues to violate discipline, then the employer has the right to apply new sanctions (up to and including dismissal).

Punishments and the procedure for their application

The conditions for the application of the types of punishment in question are established by Art. 193 Labor Code of the Russian Federation. According to this standard, the employer must comply next algorithm actions:

  1. Request a written explanation from the person responsible. It is recommended to formalize the request also in a letter and inform the employee about the specified request against signature. If a citizen does not show up at the workplace, the specified requirement should be sent to him by mail in a valuable post with an inventory of the contents. The employee is given 2 days to provide explanations. In case of refusal to give an explanation or if it is impossible to serve 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 date of notifying the employee or returning the letter, draws up a corresponding act. This document will be needed for trial when initiated by the employee as evidence that the employer has complied with the rules for holding the employee accountable.
  2. Issue an order to apply methods of influence to a citizen. It must describe the offense and indicate the type of disciplinary sanction. If we are talking about dismissal, then 1 order is drawn up, and not 2 separate ones (on imposing a penalty and terminating the employment relationship) - the Armed Forces of the Russian Federation drew attention to this in its ruling dated November 9, 2012 No. 60-APG12-7.
  3. Familiarize the employee with the specified order against signature, for which 3 days are given after its preparation. This period does not include days when the person is absent from work. If a citizen refuses to familiarize himself, the administration draws up a corresponding act.

So, types of disciplinary sanctions are divided into 2 large groups: general and special. The 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 procedures for applying any type of punishment are the same for all categories of citizens and are specified in the Labor Code of the Russian Federation.

Any punishment, including disciplinary punishment, must be reasoned, officially formalized and carried out in strict accordance with labor legislation. Otherwise, it is possible to appeal the order to impose a disciplinary sanction on the part of the employee. Let us further consider what types of disciplinary sanctions exist and how the imposition of punishment should be legally correct.

Disciplinary action under the Labor Code of the Russian Federation

Disciplinary action in labor relations is a punishment applied to an employee of an organization, regardless of his rank and status. A penalty may be imposed in the following cases:

  • in case of failure to perform or poor performance of one’s official duties;
  • in case of violation of the company's norms and rules prescribed in internal regulations:
    • violation of labor discipline,
    • presence at work under the influence of alcohol or drugs,
    • disclosure of trade secrets, etc.

These and other reasons for which punishment may follow are spelled out in the Labor Code (LC) of the Russian Federation, in Art. 81.

It is worth noting that a citizen’s ignorance of his official duties does not relieve him of responsibility for failure to fulfill them. All actions that an employee must perform are specified in employment contract, concluded between him and the employer. Familiarization with this document is a priority when applying for employment.

Curious facts

Application of a disciplinary sanction is allowed no later than 1 month from the date of recording the offense, and does not take into account the time spent on sick leave, on vacation, as well as the period of time spent taking into account the opinion of the representative body of employees.

Disciplinary measures can be applied only if the employee’s guilt is proven and the fact of the violation is documented. For example, if an employee does not show up for work for no valid reason, and his work time card was not marked for absenteeism, then it will not be possible to apply any disciplinary measures to him.

A disciplinary violation can be recorded with the following documents:

  • act. It is drawn up mainly in case of violations of a disciplinary nature. For example, if you are late for work, absenteeism, etc.;
  • memorandum. It is drawn up by the manager of the employee who has committed a crime regarding non-fulfillment or poor performance of official duties, in case of violation of reporting, etc.;
  • protocol of the commission's decision. This document is drawn up, for example, in the event of material damage to the company.

The employee has the right to appeal a disciplinary sanction with the help of the state labor inspectorate.

The validity period of a disciplinary sanction is one year and if during this time the employee does not receive a new disciplinary sanction, then he will be considered without a disciplinary sanction.

Terminology of disciplinary action as a legal act

Disciplinary action, like any procedural action, is strictly regulated by the Labor Code (LC) of the Russian Federation. Violation of the rules and procedures for imposing a penalty may lead to an appeal against its application and invalidation.

The disciplinary procedure implies that the case has a subject, an object, a subjective and an objective side:

  • subject is an employee who has committed a disciplinary offense;
  • object – norms and procedures established in a labor organization;
  • the subjective side is the employee’s fault;
  • the objective side is the relationship between the fault of the employee at fault and the consequences.

Types of disciplinary liability of employees

There are several types of disciplinary sanctions that are approved by the labor legislation of the Russian Federation (Article 192 of the Labor Code). Only these types can be used when labor relations, others will be illegal.

Types of penalties:

  • comment,
  • rebuke,
  • dismissal.

The list is modeled in order of increasing severity of punishment for violations. A reprimand is the mildest measure of influence and is issued orally. A reprimand is also given verbally, but has more serious consequences.

If an employee has several reprimands, he can be fired legally. Dismissal, as a disciplinary measure, is used in the case of repeated violations for which the employee was previously given a more lenient punishment.

Only one penalty can be applied for one violation. Let's give an example: an employee did not complete the work within the specified period. If the employer reprimands the employee for this, then he has no right to issue an additional reprimand.

Disciplinary liability is considered to be the employee’s obligation to bear penalties in accordance with labor legislation when committing unlawful actions.

Reasons for imposing a penalty

A penalty may be imposed by the employer on an employee if there are grounds for doing so. The reason for disciplinary action is the commission of a disciplinary offense (Article 189 of the Labor Code of the Russian Federation).

What exactly falls under the definition of violation of discipline:

  • being late for work;
  • no-show workplace without good reason (absenteeism);
  • being at work under the influence of alcohol or drugs;
  • violation of safety regulations;
  • disclosure of trade secrets;
  • failure to fulfill or poor quality performance of official duties prescribed in the employment contract;
  • non-compliance with the norms and rules of the company’s internal regulations, etc.

Any violations committed by the employee that are not included in the list possible reasons to impose a disciplinary sanction cannot become a basis for imposing punishment. Only one disciplinary sanction may be imposed for one offense.

Disciplinary sanctions can be general or special. General ones are used in all work collectives, and special ones only in certain areas, for example, in the Armed Forces of the Russian Federation or in the public service.

Some facts

When an employee is released early from a penalty, the employer needs to support and formalize the order “to remove the penalty,” and the employee needs to read it and sign it. An organization can draw up an order form independently.

General disciplinary sanctions, according to Art. 192 Labor Code of the Russian Federation:

  • comment,
  • rebuke,
  • dismissal.

A reprimand is the most gentle measure of influence, while dismissal is an extreme measure.

Time limits for imposing disciplinary sanctions under the Labor Code of the Russian Federation

The imposition of a penalty is possible only within a certain period of time after the violation has occurred. This period is equal to 1 calendar month from the date of recording the disciplinary offense committed, but no more than 6 months must pass from the date of its commission. It should be noted that this period does not include the time when the employee was on vacation, sick or absent from the workplace for other reasons.

If a violation is revealed during any inspection, then the statute of limitations is 24 months (Article 193 of the Labor Code of the Russian Federation).

The procedure for imposing a disciplinary sanction on an employee

There is a certain procedure for taking measures for a disciplinary violation (Article 193 of the Labor Code of the Russian Federation). A change or omission of any of the stages may make the imposition of a penalty unlawful and lead to its cancellation.

Stage No. 1: the employer receives a signal that an offense has been committed.

This signal must be given in written form. This could be an act, a report, a memorandum or a protocol of the commission’s decision after any inspection. Any of the listed documents must contain a description committed violation. The date the employer receives the signal is the date the case for imposing a disciplinary sanction is opened.

Interesting information

If there is a dispute, the employer's demand for explanations and the corresponding act on the absence of these explanations in writing are grounds for disciplinary action. However, if the employee provides an explanatory note within the deadlines, the penalty may be canceled.

Stage No. 2: presenting a written request to the employee for an explanation of the committed act.

After reading this requirement, the employee must sign.

Stage No. 3: the employee’s explanation of the event.

The form of presentation is an explanatory note. It must contain a description of the reasons that led to the violation. The reasons can be either respectful or disrespectful.

The assessment of the reasons for this criterion is the responsibility of the employer; he has the right to classify them at his own discretion. The Labor Code of the Russian Federation does not regulate the concept of “ a respectful reason“Therefore, generally accepted grounds apply: illness, lack of material resources for work, fulfilling instructions from superiors, etc.

The employee has the right not to write an explanatory note; in this case, after 2 days of waiting, the employer (or other responsible person) must draw up a special act about the lack of explanations on the part of the employee. This act must be signed by the employer (or the employer’s representative) and 2 witnesses.

Stage No. 4: imposition of disciplinary action.

If the employer recognizes the reason for the misconduct on the part of the employee as disrespectful, then he has the right to apply one of the disciplinary measures. Such a decision is formalized by issuing an order. This document should contain the following points:

  • order number and date of issue;
  • the basis for drawing up the document is the wording that a certain disciplinary measure has been applied to a specific employee (indicating his full name and position);
  • an indication of the reason why the penalty was imposed;
  • employer's signature.

The order is an important document for confirming the facts of imposition of penalties. Several such documents are a valid reason for the employer to accept last resort disciplinary action - dismissal (Article 81 of the Labor Code of the Russian Federation).

If there are no other penalties within one year, and after that year, the penalty must be removed from the employee. If the employer wishes, it can be removed during this one year, as well as at the request of the employee, or at the request of a representative body or the employee’s manager.

Stage No. 5: familiarization of the employee with the issued order.

This must be done by HR department employees or the employer himself no later than 3 working days from the date of its publication. Familiarization with the order is confirmed by the employee’s handwritten signature. If a citizen refuses this procedure, then a special act is drawn up that records the refusal.

Alternative Disciplinary Measures

Disciplinary measures can be applied not only in labor collectives, but also in other structures. For example, in the ranks of the Armed Forces of the Russian Federation, in government agencies. The legal regulation of disciplinary sanctions in these structures is carried out accordingly by the Charter “On the Armed Forces of Russia” and the Federal Law (FL) “On Civil Servants”.

The list of disciplinary measures in the Armed Forces, in addition to the standard ones, also has a number of additional punishments:

  • demotion in rank;
  • disciplinary arrest;
  • deprivation of leave;
  • expulsion (if we are talking about military training, courses, educational institutions);
  • assigning a job out of turn, etc.

Watch the video about the time limits for bringing an employee to disciplinary liability.

Consequences of imposition of a penalty

A penalty is an official warning to the employee about the inadmissibility of the offenses he has committed. Repeated violations lead to further penalties in the form of comments and reprimands. In such a case, the employer has the right to dismiss the employee for legally with the appropriate formulation.

If, despite the existing penalties, the employee has not committed such violations during the year, then the penalty imposed on him will be automatically removed.

Any questions you may have can be asked in the comments to the article.

Violations of labor discipline or dishonest performance by employees of their duties are phenomena that organizational leaders have to deal with quite often. You will read about what types of disciplinary sanctions exist in the Labor Code of the Russian Federation and what the procedure for their application is in our article.

Cases of violation of labor discipline in any organization must, of course, be suppressed, and offenders, in turn, must bear disciplinary responsibility. As practice shows, many managers of commercial companies have a rather subjective attitude to the punishment of an offending employee, without taking into account the circumstances and severity of the offense committed. In addition, organizations often operate an opaque system of both fines and rewards, which is not documented, and punishments are imposed on employees literally “in words”, without appropriate documentation. There are also managers who completely abuse the issuance of disciplinary sanctions, thereby manipulating their subordinates, thereby fundamentally violating labor legislation.

Important! Any disciplinary punishment applied on illegal grounds may be appealed by the employee in court.

Types of disciplinary sanctions

The Labor Code of the Russian Federation provides for the application of three main types of disciplinary sanctions:

  • comment,
  • rebuke,
  • dismissal on certain grounds.

Other types of penalties (for example, fines, depreciation and others) can be applied only if they are prescribed in the regulatory documents of the organization.

The application of disciplinary sanctions not provided for by legislative acts and regulations on discipline is not permitted!

In addition to the main types, disciplinary sanctions also include dismissal on the basis of a negative action (for example, absenteeism, gross or systematic violation of discipline, disclosure of secrets protected by law, theft in the workplace and others, Article 81 of the Labor Code of the Russian Federation).

When can disciplinary action be taken?

The main cases of application of disciplinary sanctions are defined in Article 192 of the Labor Code of the Russian Federation - this is the failure to fulfill or dishonest performance by an employee of his official duties, prescribed in the document with the personal signature of the employee. However, disciplinary sanctions may be applied in the following cases:

  1. the employee commits an action not permitted by the organization’s regulatory documents;
  2. violations job description;
  3. violation of labor discipline (absence from the workplace, repeated tardiness, etc.).

In addition to the above penalties, Federal laws provide:

  • for employees of the state civil service of the Russian Federation:
    • warning about incomplete job compliance;
  • for military personnel:
    • severe reprimand;
    • deprivation of an excellent student badge;
    • warning about incomplete professional compliance;
    • early dismissal due to failure to fulfill the terms of the contract;
    • reduction in military rank;
    • reduction in military rank;
    • deduction from military training;
    • discharge from the military educational institution vocational education;
    • disciplinary arrest.

Procedure for applying disciplinary sanctions

The imposition of a disciplinary sanction is a procedure consisting of several stages: 1. Drawing up a document to detect the fact of a disciplinary offense (act, memorandum, decision of the disciplinary commission). 2. Request from the offending employee a written explanation indicating the reasons for his misconduct. If an explanation is not provided within 2 days, this fact is recorded by drawing up a report.

Important! An employee’s refusal to give a written explanation cannot serve as an obstacle to applying a disciplinary sanction (Article 193 Labor Code RF).

3. The manager makes a decision on guilt and imposition of disciplinary punishment against the employee who committed the offense. At this stage, all provided materials are evaluated, all circumstances that can mitigate the guilt and the severity of the offense are taken into account. The insufficiency of evidence regarding the commission of a violation does not give the manager the right to apply any disciplinary sanction, since the labor rights and freedoms of an employee who does not have the opportunity are violated (Article 2 of the Labor Code of the Russian Federation).

In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation gives the employer the right to apply a disciplinary measure or limit the punishment by some means of educational and preventive influence.

4. Creation of an order for the imposition and execution of a disciplinary sanction. The contents of the administrative document must contain complete information about the employee, including place of work and position, the fact of violation with reference to regulatory documents, a description of the violation establishing the guilt of the violator, the type of penalty, and the grounds for the penalty. The completed order is delivered to the employee against signature within 3 working days. If the guilty employee refuses to familiarize himself with the order under his personal signature, a corresponding act is drawn up (Part 6 of Article 193 of the Labor Code of the Russian Federation). Please note that information about the presence of a reprimand or remark is not entered into the employee’s work book.

For the same disciplinary offense, an employee can be punished with only one disciplinary sanction.

Terms of application of disciplinary sanctions

A disciplinary sanction can be applied no later than 1 month from the moment the fact of a violation is established. This period does not include the time the employee is on sick leave, on vacation, or the time allocated to take into account the opinion of the trade union organization. Disciplinary action cannot be applied within the time limit:

  • later than 6 months from the date of the violation;
  • later than 2 years from the date of commission at the time of receipt of the results of the audit or audit;
  • later than 3 years for failure to comply with restrictions and prohibitions, failure to fulfill obligations established by law Russian Federation on anti-corruption.

An administrative document (order) on imposing a disciplinary sanction is presented to the guilty employee against signature within 3 working days. An employee who has committed an offense has the right to appeal the decision to apply a disciplinary sanction to the state labor inspectorate and the relevant authorities on individual labor disputes. Before the expiration of 12 months, starting from the moment of issuance and application of a disciplinary sanction, the employer has the right to remove it from the employee on his own initiative, at the request of the employee’s immediate supervisor or his representative body. Early lifting of a disciplinary sanction is formalized by an appropriate order, familiarized with the employee’s signature.

If, within 12 months from the date of application of the disciplinary sanction, the employee does not commit new offenses with the imposition of a disciplinary penalty, then he will be considered as having no disciplinary sanctions (based on Article 194 of the Labor Code of the Russian Federation).

Not only executive employees, but also heads of organizations subordinate to the main employer are subject to disciplinary liability (Article 195, Part 6 of Article 370 of the Labor Code of the Russian Federation). The latter is obliged to consider an application from a representative body of workers vested with the right to monitor compliance labor legislation(most often these are trade union committees) about violations of legislative and labor acts by the head of the organization or his deputies, and report the decision taken. If the facts of detection of violations are confirmed, the employer is obliged to apply disciplinary sanctions, including dismissal, to the guilty persons holding management positions.

Consequences arising from the imposition of a disciplinary sanction

In accordance with Art. 81 Part 5 of the Labor Code of the Russian Federation, if a repeated violation is detected during the validity period of an earlier disciplinary sanction, the employer has the right to dismiss the violator. Also, if there is a disciplinary sanction, the employer has the right to deprive the employee of any incentive payments (provided that this is provided regulatory documents organization), as well as to deprive the perpetrator of the violation in whole or in part (deprivation of bonus payments is not a disciplinary punishment).

Responsibility of organizations for violation of the procedure for applying disciplinary sanctions

A punished employee has the right to file a complaint against the decision of his employer to the labor dispute review inspectorate, on the basis of which employees of the relevant body have the right to conduct an inspection of the organization in order to establish the legality of applying a disciplinary sanction and compliance with the order in its execution. If violations on the part of the organization are revealed, the penalty imposed may be declared invalid, and the management of the organization may be subject to disciplinary action. If an employee is dismissed, the latter has the right to apply for reinstatement through the court and receive compensation from the employer for forced absences from work and moral damages. In turn, for the illegal application of a disciplinary sanction, the employer will have to pay the costs associated with the court and inspections by the labor inspectorate, as well as penalties imposed by a court decision. In addition, unlawful actions by the head of an organization can lead to a loss of authority among other employees and significant damage to their business reputation.

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