Labor disciplinary measures. Punishment of employees for violation of labor discipline

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

Cases of violation of labor discipline in any organization, of course, must be suppressed, and the offenders, in turn, must bear disciplinary responsibility. As practice shows, many managers of commercial firms are quite subjective about the punishment of a delinquent employee, without taking into account the circumstances and severity of the misconduct. In addition, organizations often operate a non-transparent system of both fines and incentives, which is not documented, and punishments are imposed on employees literally “in words”, without appropriate formalization. There are also leaders who abuse the imposition of disciplinary sanctions, thereby manipulating their subordinates, thereby fundamentally violating labor laws.

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

Types of disciplinary sanctions

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

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

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

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

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 by Article 192 of the Labor Code of the Russian Federation - this is the non-fulfillment or dishonest performance by an employee of his official duties prescribed in the familiarization under the personal signature of the employee. However, disciplinary sanctions may be applied in the following cases:

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

In addition to the above penalties, federal laws provide for:

• for employees of the state civil service of the Russian Federation:
  • warning about incomplete official compliance;
• for military personnel:
  • severe reprimand;
  • deprivation of the badge of an excellent student;
  • warning of incomplete service compliance;
  • early dismissal due to non-compliance with the terms of the contract;
  • reduction in military position;
  • reduction in military rank;
  • deduction from military fees;
  • expulsion from a military educational institution of vocational education;
  • disciplinary arrest.

The 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. Requesting a written explanation from the delinquent employee indicating the reasons for his misconduct. If an explanation is not provided within 2 days, this fact is recorded by drawing up an act.

Important! An employee's refusal to give a written explanation cannot serve as an obstacle to the application of a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation).

3. Adoption by the head of the decision on guilt and the imposition of a disciplinary measure against the employee who committed the misconduct. At this stage, all the materials provided are evaluated, all circumstances that can mitigate guilt, and the severity of the offense committed are taken into account. The insufficiency of evidentiary materials on the fact 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, the employer is given the right to apply a disciplinary sanction or limit the punishment by any means of educational and preventive influence.

4. Creation of an order for the issuance and execution of a disciplinary sanction. The content of the administrative document must contain complete information about the employee, including the place of work and position, the fact of the violation with reference to regulatory documents, a description of the violation with the establishment of the guilt of the offender, the type of penalty, the grounds for the penalty. The finished order is brought to the employee against signature within 3 working days. If the guilty employee refuses to familiarize himself with the order under his personal signature, an appropriate act is drawn up (part 6 of article 193 of the Labor Code of the Russian Federation). Note that information about the presence of a reprimand or remark in the employee's work book is not entered.

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

Terms of application of disciplinary sanctions

A disciplinary sanction may be applied no later than 1 month from the date of establishing the fact of a violation. This period does not include the time the employee is on sick leave, on vacation and the time allocated to take into account the opinion of the trade union organization. A disciplinary sanction may not 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 non-compliance with restrictions and prohibitions, failure to fulfill obligations established by the legislation of the Russian Federation on combating corruption.

The administrative document (order) on the imposition of a disciplinary sanction is presented to the guilty employee against signature within 3 working days. An employee who has committed a misdemeanor has the right to appeal against the decision to apply a disciplinary sanction to the state labor inspectorate and the relevant bodies for individual labor disputes. Before the expiration of the period of 12 months, starting from the moment of issuing and applying a disciplinary sanction, the employer has the right to remove it from the employee on his own initiative, at the request of the immediate supervisor of the employee or his representative body. Early removal of a disciplinary sanction is formalized by an appropriate order with familiarization of the employee against signature.

If, within 12 months from the date of application of the disciplinary sanction, the employee does not commit new misconduct with the imposition of a disciplinary sanction, 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 are brought to disciplinary responsibility, but also heads of organizations reporting to the main employer (Article 195, part 6 of Article 370 of the Labor Code of the Russian Federation). The latter is obliged to consider a statement from a representative body of employees entitled to monitor compliance with 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 on the decision taken. In case of confirmation of the facts of detection of violations, the employer is obliged to apply disciplinary sanctions to the guilty persons holding managerial positions, including dismissal.

Consequences arising from the imposition of a disciplinary sanction

In accordance with Art. 81 part 5 of the Labor Code of the Russian Federation, upon detection of a repeated violation during the period of validity of an early disciplinary sanction, the employer has the right to dismiss the violator. Also, in the presence of a disciplinary sanction, the employer has the right to deprive the employee of any incentive payments (provided that this is provided for by the regulatory documents of the organization), as well as deprive the person guilty 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

The punished employee has the right to file a complaint against the decision of his employer with the Labor Disputes Inspectorate, on the basis of which the employees of the relevant body have the right to inspect the organization in order to establish the legality of the application of a disciplinary sanction and observe the procedure for issuing it. In the event that violations are revealed on the part of the organization, the imposed penalty may be declared invalid, and the management of the organization may be brought to disciplinary responsibility. In case of dismissal of an employee, the latter has the right to apply for reinstatement through the court, receive compensation from the employer for forced absences from work and moral damage. 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, the unlawful actions of the head of the organization can lead to a loss of credibility among other employees and significant damage to their business reputation.

Each employee is obliged to fulfill the official duties assigned to him, which are prescribed in the employment contract and job description. Otherwise, he may be brought to a special type of legal liability, which is called disciplinary.

Definition

The duty of an employee to be punished for violating the rules of the organization, the terms of the employment contract or job description is disciplinary responsibility. The Labor Code of the Russian Federation indicates that the commission of a misconduct by an employee, which proves the fact that he neglects the official powers entrusted to him, will serve as the basis for bringing to it.

Main Aspects

If an employee fails to fulfill his duties, then in this case there is a disciplinary responsibility. The Labor Code of the Russian Federation provides for the application of one of three types of penalties to an employee:

Comment;

Rebuke;

Dismissal.

This may show partial or complete non-fulfillment of official duties by a citizen. It is divided into two types:

General, when a person violates the norms of the Labor Code;

Special, if those rules that are established by the management of the organization and fixed in the charter are not observed, but do not contradict the Labor Code of the Russian Federation.

Types of violations

There are several of them:

The use of office time by the employee at his own discretion, for example, absenteeism and lateness;

Disobedience to the management of the company, which includes failure to comply with orders and instructions;

Improper operation of the organization's equipment;

Immoral behavior - coming to work in a state of intoxication, non-compliance with labor protection rules, etc.

In this case, the head of the enterprise has the full right to bring a person to such a type of punishment as disciplinary liability. The Labor Code of the Russian Federation provides for the application of a certain penalty, which can be in the form of:

Remarks;

reprimand;

Layoffs.

The last of these three is used extremely rarely, when the manager can no longer keep a person in the enterprise who neglects labor discipline not for the first time. Therefore, bringing an employee to disciplinary responsibility in this case is simply a necessary measure so that he begins to treat his official duties more responsibly.

Procedure

For non-compliance with the job description and other conditions of service activities in the organization or disciplinary liability occurs. The Labor Code of the Russian Federation in this case establishes only three types of penalties that must be correctly applied so as not to violate the law.

Example: a citizen was late for work for three hours, citing the fact that he had been standing at the bus stop for a long time and could not wait for public transport. In this case, this will not be a good reason, because the rest of the employees, even without a personal car, came to the organization on time. The HR specialist, having discovered the absence of an employee, must do the following:

Draw up an act in the form (it must be signed by several persons);

Familiarize the employee with him against signature, and then make a note about it;

Register document.

Documentary evidence of a violation of labor discipline is drawn up as follows:

It is necessary to obtain from the immediate superior of the person who arrived at the organization late, and attach the drawn up act to it;

Register the received data in a special form and assign a number to the document.

Types of punishment

Article 192 of the Labor Code of the Russian Federation provides for the application of the following disciplinary sanctions to an employee who in bad faith performs the duties assigned to him:

Comment;

Rebuke;

Dismissal on certain grounds.

In this case, only the head will decide what punishment for violating the rules of the order can be assigned to a citizen. Dismissal is applied only in exceptional cases.

Such a disciplinary sanction, as a remark, can be applied to a citizen who does not perform his duties professionally enough, especially if this fact is confirmed by the client's complaint.

Example: an employee had to install double-glazed windows in the apartment of a regular window buyer, but due to the fact that he arrived later than the scheduled time, he could not complete all the work in one day. The client was dissatisfied and wrote a complaint. In this case, bringing the employee to disciplinary responsibility is simply inevitable, because he undermines the authority of the organization with his illegal actions.

The punishment in the form of a reprimand is considered more stringent. Usually it is used in the case when a person repeatedly neglects his official duties, for example, he is systematically late for a staff meeting, does not follow the instructions of the management, does not fully complete his work.

The last type of disciplinary sanction here will be the dismissal of an unscrupulous employee, but only for objective reasons, which must be confirmed by the relevant act.

Example: a citizen did not come to work because he fell ill and reported this to the management. After leaving, he did not provide the chief with official confirmation of this fact, and there was no written explanation from him either. Accordingly, an act and an order were drawn up to discipline the employee for absenteeism with further termination of the employment contract, which in this case is absolutely legal.

Non-compliance with work schedule

In this case, the neglect of the terms of the concluded contract and their unfair performance will be the main reason for the disciplinary liability of civil servants. Because compliance with the rules of the official schedule is their main duty.

The disciplinary responsibility of civil servants is to impose on them the following types of penalties:

Comment;

Rebuke;

Incomplete Compliance Warning;

Removal from office;

Dismissal for certain reasons (absence from the workplace, appearance in a state of intoxication, disclosure of legally protected secrets, destruction or theft of documents, other property).

In this case, punishments for misconduct for these persons are provided for by federal laws, various acts of ministries and departments. In addition, the disciplinary liability of officials is one of the measures of state coercion, necessary to ensure that all employees in government bodies do not violate their professional duties and increase the level of intellectual abilities.

Peculiarities

Bringing an employee to disciplinary responsibility contributes to the formation of a certain framework of behavior for him and a more serious attitude to work, because otherwise he will simply cease to comply with the terms of the employment contract and the rules of the organization. In addition, a person begins to perform his official duties more efficiently.

It contains several types of disciplinary sanctions that the employer has the right to apply to an unscrupulous employee.

Any boss who wants to teach a delinquent employee a lesson must follow a few rules:

A notice, reprimand or dismissal may be appointed no later than one month from the date of discovery of the misconduct, taking into account the time of sick leave, vacation or other absence for a good reason, but no later than six months;

In each individual case, only one of the specified types of punishment may be applied to a person;

The employee has the right to appeal the decision of the management;

If during one year of labor activity a person did not commit violations, then, therefore, he no longer has a penalty.

Order

In the event that the manager decides to apply a disciplinary sanction to his subordinate for failure to perform official duties, this must be recorded in writing by issuing an order. After that, familiarize the employee with it against signature within three days.

The order to bring to disciplinary liability is issued as follows:

Name of company______________

00.00.00, city ___________ No. _______

"About _________"

Due to the fact that employee ___________ was seen at the workplace in a state of intoxication, I order:

Announce a severe reprimand;

Deprive the premium for April in the amount of _______

Reason: Art. 192.193 of the Labor Code, memorandum of the senior specialist of the sales department ________.

Director _________ (signature)

Familiarized with the order ___________ (decoding)

Foundations

For improper performance of official duties by an employee, the legislation provides for a certain type of punishment, which manifests itself in the form of the application of disciplinary sanctions. Of course, not every leader will punish a delinquent subordinate in this way, but, as practice shows, this method is the most effective, because not every boss can look at constant delays, an incomplete report or project, etc.

Violations of labor regulations committed by an employee are considered as grounds for disciplinary liability. In addition, non-compliance by an employee with the terms of the contract and job description implies the presence of his guilt, which leads to punishment in the form of a remark, reprimand or dismissal.

Also, the manager should not forget that an employee can be held liable for violation of discipline only within one month and no later than six months.

What are the best measures to take

After an employee has violated the order of work in the organization with his illegal actions, the boss can apply disciplinary action against him. The Labor Code of the Russian Federation provides for it in the form:

Remarks;

reprimand;

Layoffs (last resort).

In practice, employers try to punish their subordinates financially. In order to avoid unnecessary trouble with the law, they do not document a person’s misconduct, because in case of incorrect actions of the management, responsibility is also provided. A disciplinary offense is simply not recorded in writing and an order is not drawn up.

In the event that a citizen, in the performance of official duties, commits an offense that affects the interests of not only the employer, but also other persons, he may be punished in the form of liability.

Example: an employee was hired by an enterprise as a driver and was transporting building materials to another contractor. Once he violated traffic rules and made an accident, thereby severely damaging the car of the employer and another driver. In this case, the employee will bear full financial responsibility.

Code of Administrative Offenses

What is the administrative punishment of an employee, not every boss knows, because this concept is not provided for in the law. Nevertheless, there is such a responsibility for the leader himself, and it is indicated in Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. In this case, administrative punishment to the employer as an official can only be applied by state bodies.

Arbitrage practice

The citizen was brought to disciplinary responsibility for the fact that one time he arrived at work at the wrong time, explaining this by the fact that he could not wait for public transport. It's been three hours since the start of the shift. In connection with this circumstance, the employer decided to dismiss him, not wanting to apply another disciplinary sanction. The Labor Code of the Russian Federation provides for the termination of an agreement with an employee only on legal grounds. The employee was forced to go to court.

It follows from the materials of the case that the manager did not even record the fact of the absence of the employee in the prescribed form, and also did not take a written explanation from him.

In addition, less than four hours have passed since the start of work, which means that the boss simply had no grounds for dismissing a citizen for absenteeism. Also, the manager illegally collected a fine from the employee for late submission of the report, which is completely contrary to the norms of the Labor Code.

The court in its decision pointed out that administrative and disciplinary responsibility are completely inconsistent with each other and belong to different areas of legislation. Therefore, the manager did not have the right to impose a fine on the employee. In addition, the very fact of terminating the employment relationship with the employee was unlawful. The citizen was reinstated at work with payment of compensation.

Any punishment, including disciplinary punishment, must be reasoned, formalized and enforced 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 sanction under the Labor Code of the Russian Federation

A disciplinary sanction in the implementation of labor relations is a punishment applied to an employee of an organization, regardless of his rank and status. A charge may be imposed in the following cases:

• in case of non-fulfillment or poor-quality performance of their official duties;
• in case of violation of the rules and regulations of the company, 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 their failure to fulfill them. All actions that the employee must carry out are prescribed in the employment contract concluded between him and the employer. Familiarization with this document is a priority for employment.

Curious facts

The application of a disciplinary sanction is allowed no later than 1 month from the date of fixing the misconduct, while not taking 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 in the case of proven guilt of the employee and documentary fixation of the fact of violation. For example, if an employee did not go to work for an unexcused reason, and absenteeism was not marked on his working time record card, then it will not be possible to apply any penalties to him.

You can record a disciplinary violation with the following documents:

• act. It is compiled mainly in case of violations of a disciplinary nature. For example, when being late for work, when absenteeism, etc.;
• report note. It is issued by the head of the offending employee regarding non-fulfillment or poor-quality performance of official duties, in case of violation of reporting, etc.;
• minutes of the committee's decision. This document is drawn up, for example, in the event of material damage to the company.

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

The term 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 as having no disciplinary sanction.

Terminology of disciplinary sanction 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 norms and procedure for imposing a penalty may lead to an appeal against its application and recognition as invalid.

The disciplinary sanction procedure implies that there is a subject, object, subjective and objective side in the case:

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

Types of disciplinary responsibility 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 applied in labor relations, while others will be illegal.

Types of charges:

• comment,
• rebuke,
• dismissal.

The list is modeled in order of increasing severity of punishment for the violations committed. Remark - the mildest measure of influence, is issued orally. The reprimand is also announced orally, but has more serious consequences.

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

Only one penalty may be applied per violation. Let's give an example: the employee did not complete the work within the specified time. If the employer reprimanded the employee for this, then he has no right to announce an additional reprimand.

Disciplinary responsibility is the obligation of an employee to incur a penalty in accordance with labor legislation when committing unlawful acts.

Reasons for imposing a penalty

The penalty may be imposed by the employer on the employee, if there are grounds for that. The reason for a disciplinary sanction is the commission of a disciplinary offense (Article 189 of the Labor Code of the Russian Federation).

What exactly falls under the wording of a violation of discipline:

• being late for work;
• failure to appear at the workplace without a good reason (truancy);
• being at the workplace in a state of alcoholic or drug intoxication;
• violation of safety regulations;
• disclosure of trade secrets;
• non-fulfillment or poor-quality performance of official duties prescribed in the employment contract;
• non-compliance with the rules and regulations of the company, etc.

Any violations committed by an employee that are not included in the list of possible reasons for imposing a disciplinary sanction cannot be the basis for applying punishment. For one misdemeanor, only one disciplinary sanction may be imposed.

Disciplinary sanctions are general and special. General ones are used in all labor 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

In case of early release of an employee from a penalty, the employer needs to back up and draw up an order “to remove the penalty”, and the employee needs to familiarize himself with it and put his signature. The organization can draw up the form of the order on its own.

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

• comment,
• rebuke,
• dismissal.

A remark is the most sparing measure of influence, and dismissal is an extreme one.

Terms for imposing a disciplinary sanction 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 fixation of the committed disciplinary offense, but no more than 6 months from the date of its commission should elapse. It should be noted that this period does not include the time when the employee was on vacation, sick or absent for other reasons from the workplace.

If a violation is revealed during any inspection, then the limitation period 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 result in its cancellation.

Stage 1: the employer receives a signal about the commission of a misconduct.

This signal must be in writing. This may be an act, report, memorandum or protocol of the decision of the commission after any verification. Any of the listed documents must contain a description of the violation committed. The date the employer received the signal is the date the disciplinary case was opened.

Curious information

In the event of a dispute, the employer's requirement to provide 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, observing the deadlines, then the penalty may be canceled.

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

After reading this requirement, the employee must put his signature.

Step 3: Explanation by the employee of the event.

The form of presentation is an explanatory note. It must contain a description of the reasons that led to the violation. Reasons can be both valid and disrespectful.

The employer evaluates the reasons for this criterion, he has the right to classify them at his own discretion. The Labor Code of the Russian Federation does not regulate the concept of “good reason”, therefore, generally accepted grounds are applied: illness, lack of material resources for labor activity, fulfillment of instructions from higher authorities, 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 on the absence of explanations from the employee. This act must be signed by the employer (or representative of the employer) and 2 witnesses.

Stage 4: Imposition of a disciplinary sanction.

If the employer recognizes the cause of 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 made by issuing an order. This document must contain the following points:

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

The order is an important document to confirm the facts of the imposition of penalties. Several such documents are a good reason for the employer to take an extreme measure of 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 employee must be waived the penalty. At the request of the employer, it can be removed during this one year, as well as at the request of the employee, or at the request of the representative body or the head of the employee.

Stage number 5: familiarization of the employee with the issued order.

This must be done by employees of the personnel department 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 fixes the refusal.

Alternative disciplinary measures

Disciplinary measures of influence 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 state bodies. The legal regulation of disciplinary sanctions in these structures is carried out, respectively, by the Charter "On the Armed Forces of Russia" and the Federal Law (FZ) "On Civil Servants".

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

• demotion;
• disciplinary arrest;
• deprivation of a leave of absence;
• expulsion (if we are talking about military training, courses, educational institutions);
• appointment of a work order out of turn, etc.

Watch the video on the timing of bringing an employee to disciplinary responsibility

Consequences of imposing a penalty

The penalty is an official warning to the employee about the inadmissibility of misconduct committed by him. Repeated violations lead to regular penalties in the form of comments and reprimands. In such a case, the employer has the right to dismiss the employee on a legal basis with the issuance of the appropriate wording.

If, with the existing penalties, the employee did not commit such violations during the year, then the imposed penalty is automatically removed from him.

All questions of interest can be asked in the comments to the article.

Article 191. Incentives for work

The employer encourages employees who conscientiously fulfill their labor duties (announces gratitude, gives out a bonus, rewards with a valuable gift, a certificate of honor, presents them to the title of the best in the profession).

Other types of incentives for employees for work are determined by a collective agreement or internal labor regulations, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards.

Article 192. Disciplinary penalties

For the commission of a disciplinary offense, that is, non-performance or improper performance by the 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 on appropriate grounds.

Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) may also provide for other disciplinary sanctions for certain categories of employees.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of 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 part one of Article 81 of this of the Code in cases where guilty actions that give grounds for loss of confidence, or, accordingly, an immoral offense are committed by an employee at the place of work and in connection with the performance of his job duties.

It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

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

Article 193. The procedure for applying disciplinary sanctions

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

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

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

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

Article 194. Removal of a disciplinary sanction

If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.

The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

Article 195

The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.

In the event that the fact of a violation is confirmed, the employer is obliged to apply a disciplinary sanction up to dismissal to the head of the organization, the head of the structural unit of the organization, their deputies.

For the commission of a disciplinary offense, that is, non-performance or improper performance by the 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 on appropriate grounds.

Federal laws, charters and regulations on discipline () may also provide for other disciplinary sanctions for certain categories of employees.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of the first part of Article 81, or, as well as in cases where guilty actions that give grounds for loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of their labor duties.

It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

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

Commentary on Art. 192 Labor Code of the Russian Federation

1. This article, defining the concept of a disciplinary offense, establishes an exhaustive liver of penalties applied by the employer in case of general disciplinary liability to employees guilty of violating labor discipline.

2. RF PPVS dated March 17, 2004 N 2 calls in paragraph 35 violations of labor discipline, which are disciplinary offenses.

3. Employees who are subject to the statutes and regulations on discipline bear special disciplinary responsibility (see).

4. The choice of a specific disciplinary sanction belongs to the employer, who has the right to apply penalties provided only by federal laws, charters and regulations on discipline.

5. If an employee commits a disciplinary offense, the employer may not apply a disciplinary sanction, since the employer himself decides whether to apply this or that sanction to the delinquent employee or not to bring the employee to disciplinary responsibility at all, but to confine himself to an oral remark, personal conversation, etc.

Second commentary on Article 192 of the Labor Code

1. Measures are provided to encourage employees who conscientiously perform their labor duties, but labor legislation simultaneously establishes specific disciplinary measures against violators of labor discipline.

2. Disciplinary liability of employees is an independent type of legal liability. Employees who have committed a disciplinary offense may be subject to disciplinary liability. Therefore, the basis of such liability is always a disciplinary offense committed by a particular employee. A disciplinary offense is an unlawful, guilty failure to perform or improper performance by an employee of his labor duties.

3. Like any other offense, a disciplinary offense has a set of features: subject, subjective side, object, objective side.

The subject of a disciplinary offense may be a citizen who is in labor relations with a particular organization and violates labor discipline.

The subjective side of a disciplinary offense is guilt on the part of the employee. It can be in the form of intent or negligence.

The object of a disciplinary offense is the internal labor schedule of a particular organization. The objective side here is the harmful consequences and the direct connection between them and the action (inaction) of the offender.

However, it cannot be considered a violation of labor discipline that the failure to fulfill instructions due to a change in essential working conditions. If the previous essential working conditions cannot be maintained, and the employee does not agree to continue working in the new conditions, the employment contract must be terminated under clause 7 (for changes in essential working conditions, see Article 74 of the Labor Code of the Russian Federation and commentary thereto).

Violations of labor discipline include the refusal of an employee without good reason to conclude an agreement on full liability (see Bulletin of the Supreme Court of the RSFSR. 1991. N 10. P. 11).

4. In accordance with the concluded employment contract, the employer has the right to require the employee to perform labor duties. According to Art. 192 of the Code, the employer has the right, but is not obliged to bring to disciplinary responsibility an employee who has committed a disciplinary offense. However, you should be aware that this Code, other federal laws, charters and regulations on discipline may define other rules when committing a disciplinary offense (see to it).

5. In some cases provided for by federal laws, it is allowed to bring an employee to disciplinary liability for misconduct that is not a violation of labor discipline, but incompatible with the dignity and appointment of a number of officials. For example, according to the Law of the Russian Federation "On the Prosecutor's Office of the Russian Federation" dated January 17, 1992, as amended and supplemented, prosecutors are responsible not only for failure to perform or improper performance of their official duties, but also for committing misconduct that discredits the honor and dignity of a prosecutor .

6. Part 1 of Art. 192 of the Labor Code of the Russian Federation establishes disciplinary sanctions imposed on violators of labor discipline. The employer has the right to apply one of the specified measures.

7. The most severe disciplinary measure is dismissal. It is possible in the following cases: repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction (); a single gross violation of labor duties by an employee, namely: absenteeism (absence from work without good reason for more than four hours in a row during the working day (subparagraph “a”, paragraph 6, part 1, article 81); appearing at work in a state of alcohol, drug or other toxic intoxication (subparagraph “b”, paragraph 6, part 1, article 81); disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties (subparagraph “ in "paragraph 6 of part 1 of article 81); committing at the place of work theft (including small) of another's property, embezzlement, deliberate destruction or damage to it, established by a court verdict that has entered into legal force or a decision of a judge, official, body authorized to consider cases of administrative offenses (subparagraph “d”, paragraph 6, part 1, article 81); establishment by the labor protection commission or the labor protection commissioner of a violation by the employee of labor protection requirements, if this is violated It entailed grave consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences (subpara. "e" p. 6 h. 1 art. 81; pp. 9 and 10 hours 1 tbsp. 81 or ).

In addition, disciplinary sanctions include cases where guilty actions that give grounds for loss of trust, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties.

8. There are two types of disciplinary responsibility: general, provided for by the Labor Code of the Russian Federation, and special, which employees bear in accordance with the charters and regulations on discipline.

With general disciplinary responsibility, the list of penalties provided for in Art. 192 of the Labor Code of Russia is exhaustive. The organizations themselves cannot establish any additional disciplinary sanctions, although in practice such sanctions as fines, deprivation of various kinds of allowances, reprimand with a warning, and others that cannot be recognized as legal are sometimes applied.

Special disciplinary responsibility is borne by employees who are subject to the charters and regulations on discipline. These acts, as already noted, may provide for more stringent penalties that differ from those imposed on employees with general disciplinary responsibility, although special measures are applied, including those listed in Art. 192 of the Labor Code of the Russian Federation.

The Decree of the Government of the Russian Federation of August 25, 1992 approved the Regulations on the discipline of railway workers of the Russian Federation (as amended on December 25, 1993, as amended on February 8, 1999 (SAPP RF. 1992. N 9. Art. 608; 1994 No. 1. Article 11; 1999. No. 7. Article 916)). This Regulation, with some exceptions, also applies to metro workers (see Decree of the Government of the Russian Federation of October 11, 1993 // SAP RF. 1993. N 42. Art. 4008).

In accordance with the said Regulations, the following penalties may also apply to the employee:

a) deprivation of the driver’s license for the right to drive a locomotive (multi-unit rolling stock), the driver’s deprivation of a certificate for the right to drive a motor-rail transport of a non-removable type, and the locomotive driver’s assistant of a driver’s assistant’s certificate for a period of up to three months or up to one year with a transfer to another job for the same period;

b) dismissal from a position related to the operational work of railways and state enterprises of industrial railway transport or other work to ensure the safety of train traffic and shunting work and the safety of transported goods, baggage and entrusted property, with the provision of work taking into account the profession (specialty);

c) dismissal, except for the cases provided for by the current labor legislation, also for the commission by the employee of a gross violation of discipline that posed a threat to the safety of train traffic, life and health of people or led to a violation of the safety of goods, luggage and entrusted property.

Labor relations of employees of public railway transport, including the specifics of hiring them, the provision of guarantees and compensations, are regulated by the Federal Law of January 10, 2003 "On Railway Transport of the Russian Federation", labor legislation, industry tariff agreements and collective agreements.

The labor discipline of employees of public railway transport is regulated by labor legislation and the Regulations on the discipline of employees of public railway transport approved by the federal law. But for now, the above Regulation of August 25, 1992, with subsequent amendments and additions, is in force.

Another normative act - the Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy, approved by the Decree of the Government of the Russian Federation of July 10, 1998 (SZ RF. 1998. N 29. Art. 3557), provides for the following disciplinary measures:

a) a warning about incomplete service compliance;

b) transfer with the consent of the employee to another, lower-paid job or another, lower position for a period of up to three months;

c) transfer, with the consent of the employee, to work not related to work in a particularly hazardous production in the field of the use of atomic energy, taking into account the profession (specialty), for a period of up to one year;

d) dismissal from the position held, related to work in a particularly dangerous production in the field of the use of atomic energy, with the provision, with the consent of the employee, of other work, taking into account the profession (specialty);

e) dismissal for a single violation of the legislation of the Russian Federation in the field of the use of atomic energy from among the violations provided for in Art. 61 of the Federal Law "On the Use of Atomic Energy", if the consequences of this violation pose a threat to the safety of the organization and pose a danger to the life and health of people.

In case of disagreement of an employee of the organization to continue working in the new conditions in connection with the application of disciplinary sanctions against him, provided for in sub. "b", "c" and "d" of the above Charter, the employment contract with him is terminated in accordance with the labor legislation of the Russian Federation.

State civil servants bear special disciplinary responsibility on the basis of the Federal Law "On the State Civil Service of the Russian Federation" dated July 27, 2004.

In accordance with this Law, a civil servant may be issued a warning of incomplete service compliance. In addition, a civil servant who has committed an official misconduct may be temporarily (but not more than a month), until the issue of his disciplinary liability is resolved, suspended from his official duties.

The Decree of the Government of the Russian Federation of May 23, 2000 approved the Charter on the Discipline of Maritime Transport Workers (SZ RF. 2000. N 22. Art. 2311). For a specific disciplinary offense against a maritime transport employee, in addition to the measures provided for in Art. 192 of the Labor Code of the Russian Federation, such a disciplinary measure as a warning about incomplete service compliance can be applied (see clause 13 of the Charter on the discipline of maritime transport workers).

Charter on the discipline of workers of the fishing fleet of the Russian Federation, approved. Decree of the Government of the Russian Federation of September 21, 2000 (SZ RF. 2000. N 40. Art. 3965), establishes such additional types of official penalties as a warning about incomplete official compliance, withdrawal of diplomas from captains and officers of the fishing fleet of the Russian Federation for a period up to three years with a transfer with the consent of the employee to another job for the same period, taking into account the profession (specialty) in accordance with the legislation of the Russian Federation.

9. It should be remembered that the regulations and statutes on discipline are binding on all employees who fall under them. Employers themselves do not have the right to make additions and changes to them. One of the differences between these acts, therefore, is the presence in them of stricter penalties than for all other employees.

10. When applying a disciplinary measure by an employer with general disciplinary liability, the severity of the misconduct, the harm caused by it, the circumstances under which it was committed, and the general characteristics of the person who committed the disciplinary offense should be taken into account. At the same time, it is not at all necessary to maintain the sequence of penalties specified in Art. 192 of the Labor Code of the Russian Federation.

The decision to apply a disciplinary measure is made by the employer, who may not use the right granted to him by the Labor Code and confine himself to an oral remark, conversation, etc.