A regulatory legal act establishing types of disciplinary sanctions. What are the disciplinary measures and how are they applied? Order of punishment

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 the employee to comply without good reasons labor duties 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 of the Labor Code of the Russian Federation for a single gross violation by the head of an organization (branch, representative office) or his deputies of 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 are recognized in judicial practice 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, immoral offense incompatible with this work, committed outside the place of work, is also not included judicial practice to the number of disciplinary sanctions. 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 normative legal acts cannot be recognized legal basis to restrict 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.

Negligent employees - headache any leader. Even as an owner own business, you cannot punish your employees as you please, this issue is quite strictly regulated by law. Current labor legislation allows that an employer has the right to apply disciplinary sanctions to an employee for committing an offense. The Labor Code establishes both the types of punishments for offenses (reprimand and reprimand) and the procedure for their application.

Disciplinary sanction: types and grounds for imposition

So, the employee has committed an offense for which the employer intends to punish him. First you need to decide on the type of influence used. Exist the following types disciplinary sanctions, in increasing severity of punishment: reprimand, reprimand, as well as dismissal of the perpetrator on appropriate grounds. The right to choose a specific penalty belongs to the employer. But not just any disregard of requirements can result in disciplinary action being taken against an employee.

The legislator interprets a disciplinary offense as the failure or improper performance by an employee of the labor duties assigned to him through his fault (Article 192 of the Labor Code of the Russian Federation).

A disciplinary offense is a type of offense committed within the framework of labor relations. Only such actions or inactions of an employee that are directly related to the performance of his job duties can be recognized as such.

The employer has the right to independently choose the punishment for a late employee, the main thing is that it is proportionate and within the framework of the law

For example, an employee’s refusal to accept a public assignment or participate in a cleanup day, as well as ignoring instructions from management that are not related to the employee’s job function, cannot be considered a disciplinary offense. You cannot be punished for refusing to go to work on a day off, since involvement in such work can only be carried out with the consent of the employee. Use of profanity, insults to colleagues, etc. similar actions can be regarded as a disciplinary offense only in cases where the commission of such actions is directly prohibited by the internal labor regulations of the organization.

For failure to fulfill labor duties, disciplinary liability can only follow when this particular obligation is directly indicated in the regulatory document - employment contract, job description, labor protection instructions, order, etc. - and the employee was familiarized with this document against signature.

Grounds for penalties: violation of internal labor regulations and failure to fulfill official duties

The law classifies the following acts as gross violations:

absenteeism (absence from work for more than four hours);
showing up at work while intoxicated;
violation of labor protection requirements resulting in serious consequences
some others, the single commission of which may entail dismissal on appropriate grounds.

Naturally, in such cases, the application of such a penalty as a reprimand to the guilty employee, even by the most humane court, will be recognized as justified and proportionate. But the use of a reprimand for minor offenses, for example, if an employee is 5–10 minutes late (unless, of course, this entailed negative consequences in the form of a stop of a conveyor belt or a crowd of angry customers at the door of a store) can hardly be considered justified, and in this case we can limit ourselves to a remark.

In addition, it is worth paying attention to the attitude of the employee himself towards the offense committed, in particular, what he wrote in his explanatory note. As judicial practice shows, in cases where the punished employee indicated that he realized the offense and repents of committing it, the courts consider possible use him to a less severe penalty.

Video: how to punish an employee according to the law

Is it possible to deprive a bonus for violation of discipline?

The use of a reprimand or reprimand is not directly related to the payment of bonuses to the employee. However, if the existing bonus regulations in the organization provide for the possibility of deprivation of a bonus in the event of an employee violating his work duties, then the employer can exercise this right. The bonus from the offender may be withdrawn in whole or in part. The rule stating that only one penalty can be imposed for each offense is not applicable in this case, since deprivation of a bonus does not apply to disciplinary sanctions.

Also, an employee who has been reprimanded or reprimanded may be deprived of any benefits provided in accordance with collective agreement or other local regulatory act of the employer - a vacation package, one-time remuneration or gift. But only if the failure to provide such benefits to employees who have a disciplinary sanction is expressly provided for by the relevant regulatory act.

But so popular in Soviet time According to the current legislation, a measure of influence on violators of labor discipline, such as postponing vacation to the autumn-winter period, cannot be applied.

The procedure for applying a reprimand or reprimand

In order for the imposition of a disciplinary sanction to be legal, it is not enough to have grounds for punishment - it still needs to be properly formalized. Before applying a penalty, a written explanation must be requested from the employee. He writes it in any form; you just need to pay attention to the presence of the necessary dates - the commission of the offense and the writing of an explanatory note - and the personal signature of the employee.

General Director of Romashka LLC
Vasiliev A. A
assembly shop electrician
Ogurtsova I. I.
EXPLANATORY
I, Ogurtsov I.I., did not go to work on October 12, 2016, because I drank a lot of beer the day before and was unable to get up for work. I admit my guilt and promise not to drink too much beer anymore.
10/14/2016 (signature) I. I. Ogurtsov

If a written explanation is not provided by the employee after two working days, then a corresponding act is drawn up in any form. Such an act is signed, as a rule, by three people - the official who requested the explanatory note, and one of the employees.

Who has the right to reprimand or reprimand

The right to impose a disciplinary sanction rests with the head of the organization or another person authorized by him (as a rule, this is the HR director). Therefore, in large organizations with a large number of employees, it is advisable to attach to the draft order of punishment not only an explanatory note from the employee, but also a report from his immediate supervisor. In it, the boss informs about the fact of the violation, and also expresses his opinion about the misconduct of the subordinate and to the extent possible punishment, taking into account the employee’s previous behavior and his attitude towards work.

Drawing up an order to announce a reprimand or reprimand: rules for drafting, samples and examples

An order to impose a disciplinary sanction may be issued no later than one month from the date of discovery of the misconduct, not counting the time the employee was ill or on vacation. 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 commission. (Article 193 of the Labor Code of the Russian Federation).

The order must contain information about the nature of the offense and the norms that the employee violated.

Limited Liability Company "Romashka"
No. 221-p “On the imposition of disciplinary sanctions”
On October 12, 2016, the electrician of the installation shop, Ogurtsov I. I., was absent from work during the entire work shift without good reason, which is a violation of clause 4.1 of the internal labor regulations of Romashka LLC. Based on the above, I ORDER: 1. To reprimand the installation shop electrician I. I. Ogurtsov for violating clause 4.1. PVTR LLC "Romashka" 2. 10/12/2016 is considered absenteeism and not paid. Reason: explanatory note from the employee, report from the shop manager
General Director (signature) A.A. Vasiliev
I have read the order: (signature) I. I. Ogurtsov, 10/21/2016

An order to impose a reprimand or reprimand is presented to the culprit against receipt within three working days from the date of its issuance (not counting the time the employee is absent from work). If he refuses to familiarize himself with the order against receipt, a corresponding act is also drawn up.

Are records of penalties entered in the employee’s work book?

Information about disciplinary sanctions, unlike some types of incentives, is not entered into the employee’s work book. If within a year from the date of the reprimand or reprimand the employee is not subjected to a new disciplinary sanction, then he is considered not to have such penalties.

Can an employee appeal a disciplinary sanction?

Art. 192 of the Labor Code directly states that when imposing a disciplinary sanction, the severity of the offense and the circumstances under which it was committed must be taken into account. And according to Supreme Court RF, it is also necessary to take into account the employee’s previous behavior and his attitude towards work. This means that the general principle of proportionality of punishment to the offense in labor relations must also be observed, since failure to comply with this principle may lead to the recognition of the punishment order as illegal.

As the Plenum of the Supreme Court of the Russian Federation notes in its Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, it is the employer who is obliged to prove compliance when applying a disciplinary sanction to an employee general principles legal, and, consequently, disciplinary responsibility - such as justice, equality, proportionality, legality, guilt, humanism.

Also, when choosing a punishment, the employer should remember that the court does not have the right to replace one type of disciplinary sanction with another, less severe one. Having come to the conclusion that the imposed penalty is disproportionate to the offense committed, the court will simply recognize the order of punishment as illegal and cancel it. And it is quite possible that compensation for moral damage will also be recovered from the employer in favor of the employee. And as a result, the offender will not only avoid deserved punishment, but, in fact, will be encouraged. Therefore, the choice of measure should be approached as carefully and objectively as possible, without unnecessary emotions. And if the same violation is repeated, the sanctions may become more stringent.

Video: labor disputes for a manager (how to act to drop charges and win in court)

Actions of the employee to appeal

If an employee does not agree with the imposition of a disciplinary sanction on him, he can appeal this order to the state labor inspectorate, the labor commission labor disputes(when the organization has one) or in court. An employee has the right to apply for resolution of an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right. When appealing a punishment order, the three-month period will be calculated from the date the employee becomes familiar with it. The employer will have to prove the legality of the penalty.

It is worth noting that much more often employees appeal against orders to impose disciplinary liability in cases where, in addition to a reprimand or reprimand, there was deprivation of bonuses, in whole or in part.

Removal of disciplinary action

There are situations when an employee, after receiving a reprimand or reprimand, reconsiders his behavior and tries with all his might to make amends with good, or even simply excellent work. In this case, before the expiration of a year from the date of application of the disciplinary sanction, the employer has the right to remove it by order on his own initiative, at the request of the employee’s immediate supervisor or trade union, as well as at the request of the employee himself. It does not matter how much time has passed since the date of application of the penalty.

Disciplinary responsibility of an employee is a natural and legal way of maintaining necessary relations in the work team. The concept and types of disciplinary liability of employees are standardized by law, regardless of the form of ownership of the enterprise. The principle of impact must be clear and definite - the truly guilty person must be punished, and the employee has the right to challenge such a decision. Right organized management discipline in the work team is the key to healthy relationships within it and the effectiveness of solving production problems.

The essence of responsibility

In a general understanding, disciplinary liability is defined as a legally justified disciplinary punishment for failure to fulfill or insufficient fulfillment of official obligations and for committing a disciplinary offense. Current laws governing labor relations distinguish two main types of such liability. General variety justified by the provisions of the state Labor Code. A special type is formed for certain categories of people and is determined by statutory articles and industry regulations.

Upon registration labor agreement(contractual obligations or contract) with an organization, a person voluntarily assumes obligations that have a legally enforceable basis. In case of non-compliance with the undertaken obligations, both in terms of fulfilling professional duties and in terms of fulfilling the established internal procedure, disciplinary measures may well be applied to the employee in the form of penalties or punishment, which are determined by the current clauses of the laws or the concluded employment agreement. The legal validity of punishment does not depend on the form of ownership of the enterprise.

Reasons for imposing disciplinary liability

Disciplinary liability should be brought only after an employee of the enterprise has actually committed an offense of a disciplinary nature, i.e. when the person is actually guilty. Failure to perform or incorrect performance of duties are considered violations of labor regulations established at the enterprise, legislative norms, job descriptions (including safety regulations or fire safety), employment agreement (contract), orders of the manager.

Punishment is applied only if the employee is at fault. A deliberate violation of norms or a careless violation is recognized as guilt in the case where a person was obliged, by the nature of his profession or position, to foresee the circumstances that would arise. An employee cannot be brought to disciplinary liability if he could not foresee the incident or could not be aware of the fact that he was violating labor order. An innocent person cannot be held accountable, and the person who imposes such a penalty becomes an offender himself.

Violation of labor discipline by an employee is recognized in the following disciplinary offenses: absence from the workplace and tardiness without good reason, confirmed by documents or a witness, unjustified refusal to take an exam or undergo a survey for permission to work, failure to apply mandatory protective equipment, appearing at work while intoxicated, smoking in the wrong place.

Types of disciplinary punishment

Disciplinary punishment is regulated by Art. 192 of the Labor Code. The following types of penalties are provided: reprimand, reprimand, dismissal. General disciplinary liability can include only these types of punishment, and at any enterprise, regardless of its form of ownership. Addition to this list is considered illegal. In case of special disciplinary liability, other sanctions may be introduced, regulated by separate laws, charter or disciplinary regulations for certain categories of employees. Thus, a common punishment is transfer to a lower position.

The application of a disciplinary sanction to an employee must take into account the actual severity of the violation, the maliciousness of the offense, the degree of awareness of what happened by the perpetrator, general attitude to labor duties, relapse of the violation and other circumstances leading to the commission of the offense. For an action committed, the perpetrator can be punished only once and by imposing one type of penalty. Dismissal is a last resort and is used in cases of repeated neglect of one’s duties or systematic gross violation of labor discipline.

In addition to disciplinary measures, the legislation allows the use of material, social and public measures. It is allowed to change the order of issue discounted vouchers, reschedule vacations. Reduction or deprivation of bonuses is carried out in the manner prescribed by internal regulations.

Procedure for applying disciplinary action

Disciplinary liability occurs in a case that is officially recorded. Documentation of misconduct is important point correct use their rights from the administration. In practice, the following documentation methods are used: a memorandum from the immediate supervisor of work, a department, an act (in the presence of unexcused absenteeism, refusal to undergo an examination, etc.), a decision of the commission on the fact of causing damage, allowing defects, etc.).

After the perpetrator of the violation has familiarized himself with the document on the offense, he must be required to provide an explanatory note in writing. 2 working days are given to prepare such an explanatory note. However, refusal to draw up a written explanation is not a reason for refusal to collect. In this case, it is envisaged to draw up an act of refusal of a written explanation.

Based on the assessment of the reasons specified in the explanatory note, or the act of its absence, an order from the manager is issued indicating the reasons and penalties. The person subjected to disciplinary action is familiarized with this order within 3 days with written evidence of this fact.

Liability period

The right to impose disciplinary liability has a standardized statute of limitations.

Exact punishment for a specific offense must be carried out no later than 30 days after it was recorded.

This period does not take into account the absence of the culprit due to illness or vacation, as well as the time required for an objective consideration of the causes of the incident by the competent commission.

The total period, taking into account all delays, is 6 months, after which disciplinary punishment cannot be imposed. In case of accounting violations that are identified as a result of the relevant audit or audit control, maximum term the period before disciplinary action is taken is 2 years.

For one specific labor violation Only one type of penalty can be issued. If a person has not received a new disciplinary punishment over the next 12 months, then he is naturally recognized as an employee who is not subject to a disciplinary sanction. A request to lift a penalty before the specified period can be submitted by the immediate supervisor based on a written report when he sees an obvious correction by the employee.

A punished employee has the right to appeal a disciplinary sanction if he considers himself innocent or punished too harshly. An application to appeal the decision is submitted to the State Labor Inspectorate or labor dispute resolution bodies, incl. to court. Most often, applications for illegal dismissal end up in court.

In such a review, the administration must provide compelling evidence gross violation labor discipline, which may be the reason last resort. It should be kept in mind that full list The reasons for dismissal are set out in paragraph 6 of Art. 81 of the Labor Code of the Russian Federation and cannot be arbitrarily supplemented.

Tasks of managing discipline in a team

Disciplinary responsibility should not be the goal of punishment alone. With the help of such measures, discipline management in the workforce is ensured. The following functions are assigned to disciplinary action:

Defining clear boundaries between an offense requiring punishment and the proper performance of one’s duties.
Ensuring awareness of the inevitability of punishment (efficiency increases when there is incentives for proper performance of duties).
Creating an atmosphere of non-acceptance of malicious and deliberate misconduct in the team.
Restoring relationships in a team when they are violated in the process of misconduct.
The perpetrator's awareness of the justice of the punishment.

Along with the system of incentives and motivation for decent work, any enterprise must have a system of disciplinary responsibility for employees.

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 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:

Disciplinary sanctions are applied only for violations of labor discipline (refusal of social work, for example, cannot be considered a misdemeanor).
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 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 specified 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:

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).
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.
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:

Federal laws. For example, Art. 41.7 federal law“On the Prosecutor’s Office...” dated 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. There are 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.
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.
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:

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.
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.
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:

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.
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.
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.