Numerology 

Can an employee be disciplined?

What can be a disciplinary sanction? What procedure must be followed by the employer so that his actions are not challenged by the employee with the payment of additional Money? What will determine the degree of detail and the number of documents collected by the employer?

Labor discipline- mandatory for all employees to comply with the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other federal laws, collective agreement, agreements, local regulations, labor contract (Article 189 of the Labor Code of the Russian Federation). It would seem that everything is clear enough: the employer says what and how can be done in work time, the worker obeys. But as always and in everything, there are certain nuances. Labor law regulates only those. The employer cannot, however,

O psychological aspect in establishing a system of punishments, read the article ""

Disciplinary sanctions are applied in case of non-performance or improper performance by the employee of his duties (Article 192 of the Labor Code of the Russian Federation). At the same time, these obligations must be fixed in the employment contract, job description or in the local regulations of the employer. This means that before starting the procedure for bringing an employee to responsibility, you need to make sure that he was familiarized (under signature with the date indicated) with the document, the provisions of which he violated. Here are examples of violations of labor discipline:

  • default labor function;
  • failure to comply with the instructions of the head;
  • violation of labor discipline (lateness, absence from the workplace without good reasons, refusal to undergo a medical examination, if it is mandatory for an employee, refusal to study the basics of labor protection, being in a state of intoxication at the workplace, etc.);
  • commission of guilty actions (theft, embezzlement, damage, etc.) in relation to the property of the employer, established by a court verdict that has entered into legal force (subparagraph “d”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation).

Example 1

Being late or absent

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To determine how much a person was late for work, you must first find out what time he was supposed to arrive. The time of work established in the organization (beginning and end) must be recorded in the Rules of the internal work schedule. But if they forgot to acquaint the late employee with them under the signature, then it will be problematic to hold him accountable.

Being late is the arrival of an employee without good reason at work later than scheduled. If the employee was absent from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, and also for more than 4 hours in a row, then this will already be called absenteeism.

There may also be questions regarding a number of prohibitions regulating the behavior of employees during work.

Example 2

Dress code violation

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The problem of the dress code and the possibility of penalties for its violation has been discussed for a long time, and most experts agree that the requirements for employee clothing are legitimate only in relation to those positions for which it is mandatory to wear overalls or corporate uniforms, for the rest, corporate requirements can only be worn advisory character.

Example 3

Use of obscene language

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Oddly enough, it is quite difficult to fire an employee for using obscene language in relation to colleagues or even a manager. For example, the Irkutsk Regional Court (appellate ruling No. 33-9359 / 2013 dated 11/18/2013) declared illegal the order to declare a remark “for a disrespectful tone in relation to higher management and direct subordinates” and recovered moral damages from the organization for bringing the employee to disciplinary responsibility .

Disciplinary offense- non-fulfillment or improper fulfillment by the employee through his fault of the tasks assigned to him job duties(Article 192 of the Labor Code of the Russian Federation). Misdemeanor is quite complex, :

  • firstly, there must be some actions (or inaction) of the employee that go against his obligations under the employment contract;
  • secondly, the actions of the employee must violate the rules established and fixed by the current legislation (for example, absenteeism) or local regulations of the employer (for example, the requirement to work in overalls) rules;
  • thirdly, they must be committed by a person who has an employment relationship with the organization;
  • fourthly, the actions of the employee must be conscious (have a direct intent to commit) or be committed through negligence.

It is after establishing the presence of these components that a person can be brought to justice. disciplinary responsibility. In addition, to determine the proportionality of liability for a misdemeanor, the presence of aggravating and mitigating circumstances is also established.

Responsibility at its core is the obligation to endure the negative consequences of one's actions. Disciplinary responsibility, respectively, special kind legal (established by law) liability applicable to the employee in labor relations by the authorized representative of the employer. Holding liable is the right of the employer, in the exercise of which he is obliged to comply with the procedure established by law.

Disciplinary action- these are the very negative consequences that an employee must endure for his unlawful behavior. The legislator severely limited their types (Article 192 of the Labor Code of the Russian Federation):

  • comment;
  • rebuke;
  • dismissal on an appropriate basis.

In addition, federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions. For example, civil servants may be subject to an additional “incomplete compliance warning.”

Responsibility varies.

Traditionally, disciplinary responsibility is usually divided into general, established by the Labor Code of the Russian Federation, and special, established by specialized legal acts(Charter on the discipline of workers in maritime transport, Regulations on the discipline of workers in railway transport, etc.).

At the household level, responsibility is usually shared by:

  • on the disciplinary(affecting most often the moral and psychological component of the personality) and
  • monetary, that is, “beating” the employee’s pocket, which should not be confused with material (Article 233 of the RF).
Read more about how monetary liability is applied in the article “Crime and Punishment: Considering the Psychological Factor”

Article 192 of the Labor Code of the Russian Federation calls on the employer when imposing a disciplinary sanction take into account the gravity of the offense committed and the circumstances of its commission. But both severity and assessment of circumstances are subjective categories.

O liability read the article "All about the liability of the employee"

Each representative of the employer looks at them from "his own bell tower". For one boss, it is normal that his employees communicate during working hours on personal topics, for another, this is an unacceptable waste of working time.

Another example is smoking. Agree, the fact that an employee endlessly runs from his workplace to the smoking room, a smoking judge will certainly react differently than one who is allergic to tobacco smoke.

If the employer solves the problem of determining the proportionality of the crime and punishment incorrectly, then during the trial, the negligent employee can be reinstated at work, paying him the average wage for the period of suspension from work, and possibly also compensate for moral damage.

In this situation, it is difficult to give universal advice, each case requires an individual assessment, but in general, if the employee has not committed a misconduct, for which the legislator has established dismissal as the upper limit of punishment, it can be recommended to be held accountable “incrementally”: remark - reprimand - dismissal .

The most severe punishment - dismissal - is possible on the grounds listed in Article 81 of the Labor Code of the Russian Federation, including for them. relate:

  • repeated failure employee without good reason job duties, if he has a disciplinary sanction(clause 5, part 1, article 81 of the Labor Code of the Russian Federation);
  • single gross violation of labor duties by an employee(clause 6, part 1, article 81 of the Labor Code of the Russian Federation).

At the same time, it is worth remembering that if a year has passed since the moment of prosecution (Article 194 of the Labor Code of the Russian Federation), then the penalty is considered “repaid”, respectively, it is worth returning to the minimum penalties.

When imposing a penalty on the employer in documents (memos, orders, acts), it is worth not only reflecting the circumstances of the misconduct, but also assessing the attitude of the offending employee to work, negative consequences his act for the employer, attach the characteristics of colleagues.

Procedure for disciplinary action

The procedure for bringing an employee to disciplinary responsibility has several stages. Each of which must be properly designed.

In small organizations quite often they neglect the observance of the procedure, limiting it to simplified version of "explanatory - order" However, this approach is fraught with complications if the dispute goes beyond the walls of the organization. On the one hand, Art. 193 of the Labor Code of the Russian Federation requires the employer "before applying a disciplinary sanction" only "request a written explanation from the employee." But on the other hand, the court, when assessing the legality of imposing a penalty, will study all the details of the case,. In this situation, a lot will depend on how well the employer substantiated his position at the time the employee was held accountable. This can only be done through a full-fledged, properly documented investigation, especially if the employer's goal was to fire.

The short version valid only if:

  • the employee fully admits his guilt in a written explanation and
  • the employer does not plan to apply "draconian" measures, limiting himself to a remark or reprimand, which are not even entered in the work book.

"Deployed" chain of actions / documents in our opinion should look like in the following way(for sample documents, see Examples 6-13):

  1. Identification of misconduct - memorandum the person who identified it, in the name of the representative of the employer, authorized to make decisions on holding liable (by no means always such a person is CEO). In some organizations, powers are not distributed according to the principle of delegating to one of the deputies the right to sign all documents on personnel matters. There are situations when different types of misconduct, the initiative to bring to justice lies with different leaders, for example:
    • for misconduct related to the direct performance of labor duties, only the immediate supervisor can initiate the procedure,
    • and for delays or violations of the regime - the head of the security service of the organization (data automated system accounting for the passage of employees become an additional basis).
  2. Organization of an investigation into a misdemeanor - an order to establish a commission or an order from the person in charge to conduct an investigation.

    We note right away that the commission is not mandatory. One personnel officer can cope with the coordination of work on the collection of documents and the preparation of a draft order. In this case, much depends both on the size of the organization and the frequency of holding employees accountable, as well as on the maturity of the procedure.

    For example, on large factory with “machine” accounting of working time, the procedure for holding an employee late for work liable can differ significantly from the same procedure in a small team:

    • in the first case, upon the fact of daily printout of the data of the program that controls the time for employees to pass through the turnstiles at the checkpoint, responsible person after receiving the employee’s explanation, he can immediately prepare a draft order for the management to sign. Indeed, in such organizations, the process of evaluating the explanations of the employee is usually established, as well as a certain scale of punishments, correlated with the time for which the employee was late;
    • in the second case, a situation may well arise when it will be necessary not only to receive an explanation from the employee, but also to collect evidence of the very fact of being late. Then, since the event itself is extraordinary, assess the severity of the misconduct and only then hold accountable. Each of these steps should be documented.
  3. To identify all the circumstances of the case, as well as the position of the "guilty" himself, it is necessary to familiarize himself with his explanation in writing. After all, a person could really have good reasons or extenuating circumstances (for example, the movement of trains along the metro line on which the employee lives could be unexpectedly blocked, and he had to get “on the bed” (the employer may not know about this).

    Moreover, art. 193 of the Labor Code of the Russian Federation, before applying a disciplinary sanction, obliges the employer request a written explanation from the employee and give the employee 2 working days to prepare it. In essence, this is the time during which the employee can think and properly formulate his explanations, as well as collect evidence of his position (for example, a certificate of flooding from the DEZ or a printout from the Internet about interruptions in transport communication). Therefore, in our opinion, even the refusal of the employee to give an explanation on the day when they are requested by the employer does not stop this period. The employee may change his mind before the expiration of this period and still submit his vision of the situation in writing, and the employer will be obliged to take it into account.

    Refusal of an employee to explain is not an obstacle to the application of a disciplinary sanction if it is recorded with the signatures of witnesses (this can be done in a separate act or provide for the appropriate section directly in the requirement to provide explanations, which, if necessary, is filled in in the copy of the employer, see the mark with the number "2" in the Example eight). A recorded refusal to give a written explanation when holding an employee liable may be regarded as an aggravating circumstance.

    Now let's explain how the 2-day period, calculated in working days, is calculated:

    Example 4

    Calculation of the time allotted for giving explanations

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    If an explanation was demanded on April 14 on Thursday, then the first day of the term will be April 15 (Friday), and with the usual five-day working week with holidays on Saturday and Sunday, the second day will be Monday April 18 until the end of the working day. After its completion or the next day in the absence of a written explanation, it is considered not submitted. It is better to immediately indicate in the request the date by which explanations must be provided, this can eliminate misunderstandings (see the mark with the number “1” in Example 8).

  4. If the circumstances of the case are examined commission, then based on the results of its work, an act is drawn up. Before preparing the order, in our opinion, such a final document is highly desirable, which would contain:
    • the results of the investigation of the misdemeanor (with the application of the collected evidence),
    • recommendations on bringing the employee to a certain responsibility,
    • an explanation of why he should be brought to such a measure of responsibility.
  5. Bringing an employee to disciplinary responsibility - issuing an order, as well as familiarizing the violator with it within 3 working days under a personal signature (in case of refusal - fixing this fact by an act). Please note that a reprimand and a remark were always issued by order in a free form, and dismissal was previously issued according to a unified form No. T-8. Now the forms of documents are approved by the head of the organization as part of the accounting policy.
  6. If the most severe disciplinary sanction was applied to the employee - dismissal, then it reflected in the workbook:

    But the issuance of a remark or reprimand in itself in work book misses.

The described chain of actions (and documents) can be shortened, while observing all the requirements of the Labor Code of the Russian Federation, by seizing documents that deeply investigate the circumstances of the case and the attitude of the employee to his labor duties. This middle option differs from the shortest "explanatory - order" by the appearance of an act with the signatures of witnesses under the description of the fact of the violation. We will keep the numbering of actions as in a “long” chain, but in some cases we will correct their content.

  1. Identification of wrongdoing it is better to issue not just a memorandum (usually the immediate superior), but an act signed by at least 3 people: the compiler and 2 witnesses(see Example 5). It is better to involve witnesses not from among the “administration”, but among the colleagues of the delinquent employee, this must be done for greater persuasiveness in the case of a case being considered by the labor inspectorate or court.
  1. Next you need request written explanations(it is advisable to immediately provide a “stencil” in the form for witnesses to confirm the fact of refusal, if any, so that a separate act is not drawn up for this case). This can be done in a separate document (shown in Example 8) or all in the same original act (see mark "1" in Example 5). Accept and evaluate written explanations if the "violator" provided them on time.
  1. After that you can issue an order(it is understood that the executor who prepared it for signature already investigated this case instead of the commission, which appears in the “unfolded” chain of actions) and familiarize the employee.
  2. If there is a dismissal, then it still needs to be reflected in work book.

Example 5

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The legislator assigned for the employer certain period during which he can exercise his right to apply punishment. A disciplinary sanction is applied no later than 1 month from the date of discovery of the misconduct(Article 193 of the Labor Code of the Russian Federation). This period can be extended for the period of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the trade union (representative body of workers). However, if 6 months have passed from the date of the misconduct, and according to the results of an audit, audit of financial and economic activities or an audit - 2 or more years from the date of its commission, then the employee can no longer be punished.

For each disciplinary offense, only one disciplinary sanction may be applied (Article 193 of the Labor Code of the Russian Federation). Although within the framework of one incident there may be several such misconduct (see the numbers "1" and "2" in the act from Example 12).

If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, the original "burns out", that is, the employee is considered not to have a disciplinary sanction. The employer has the right, before the end of this period, on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or the representative body of employees remove the order from the employee. See Examples 14 and 15 for how this can be done.

The conditions for bringing to disciplinary liability can be distinguished based on the signs of a disciplinary offense, therefore, bringing to disciplinary liability is allowed if:

a) damage caused to labor discipline;

b) illegality;

d) a causal relationship between unlawful behavior and harm caused to labor discipline.

The harm caused cannot always be expressed in the presence of material damage. Harm is caused to the very order in the organization, i.e., labor discipline, and may consist in the emergence of negative motivation among other employees.

Illegality consists in the fact that the employee, as a result of his action or inaction, did not fulfill his labor duties or violated the rules of internal labor regulations.

Guilt is expressed in the mental attitude of the violator of labor discipline to his unlawful behavior. Guilt can be expressed in the form of both direct or indirect intent, and in the form of negligence. The form of guilt affects the type of disciplinary sanction that is imposed on the employee. In case of negligent form of guilt, a reprimand may be issued. If there is direct intent, the employee can be immediately dismissed, for example, for absenteeism.

A causal relationship shows whether labor discipline was harmed if the employee had acted differently. The presence of illegality in the actions of the employee is substantiated by the employer. In the order to bring to disciplinary responsibility, it should be indicated what the unlawfulness is specifically expressed, i.e. with. what rules of law have been violated.

It is not a violation of labor discipline that an employee's refusal to transfer to another job, the employee's refusal to interrupt another vacation and go to work, waiving the illegal demands of the employer. Employees' ignorance of their official duties and releases him from liability. If the job description of the employee changes during the period of his work, then he must be familiarized with these changes against signature.

The grounds for exemption from disciplinary liability are:

1. Force majeure - for example, an employee was late for work due to the presence of large snow drifts on the road or floods.

2. Availability emergency or necessary defense - for example, an employee did not show up for work due to the fact that he provided assistance to a citizen who suffered from a traffic accident, and thereby prevented the death of the victim.

3. The absence of one of the conditions for bringing to disciplinary liability (for example, wrongfulness) of an employee cannot be held disciplinary liable for failure to fulfill a duty not provided for by his employment contract.

4. Failure by the employer to fulfill the obligations to create proper working conditions for employees.

The employer does not have the right to change the procedure for bringing to responsibility, provided for in Art. 193 of the Labor Code of the Russian Federation, but can concretize and clarify it in the internal labor regulations.

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

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 cannot be applied later (i 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 date it was committed.

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 of absence


worker at work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then draw up the corresponding act.

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

The day of detection of misconduct is established directly according to the report of the head or according to the testimony of witnesses.

The day the offense was committed is established by documents, for example, by the time sheet and the testimony of witnesses.

A disciplinary sanction is considered to have been imposed lawfully if all the conditions for bringing to responsibility and the procedure for bringing to responsibility have been complied with.

By general rule disciplinary sanction is valid for 12 months from the moment of its imposition. If the employee committed a new disciplinary offense and was brought to]) disciplinary responsibility, then the period of validity of the first sanction is extended until the end of the second disciplinary sanction.

The penalty can be removed automatically or by order of the employer. The penalty is removed automatically upon dismissal of the employee and upon expiration of the penalty. Automatic withdrawal does not require the issuance of an order or instruction in this regard.

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.

The employer is obliged to consider the statement 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 labor law and other acts containing norms labor law, the terms of the collective agreement, agreement and report the results of its consideration in representative body workers.

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.

Disciplinary sanctions in the form of remarks and reprimands are not entered in the work book. The procedure for appealing disciplinary sanctions is general. That is, if a reprimand or remark is imposed on an employee, then the pre-trial procedure dispute resolution: if the organization has a commission on labor disputes, the dispute will be considered by this commission.

If the CCC has not been created, or has not considered the application within 10 days, or has made a decision with which the employee does not agree, then the employee may appeal against the imposition of a penalty in court. If a disciplinary sanction is imposed in the form of dismissal, then the employee has the right to immediately go to court.

General information

Current legislation allows the manager to issue orders on internal labor regulations and acceptable behavior. Violations may result in prosecution.

At the same time, in the Labor Code of the Russian Federation, federal legislation adopted collective agreement and other documents contain requirements obliging the employer to create working conditions that allow the subordinate to adhere to the established routine.

What is disciplinary responsibility

The current regulatory framework defines labor discipline as the rules of conduct enshrined in regulations, which must be strictly followed by each employee.

The main local act of the institution is the Internal Labor Regulations. The document describes and states the rights, obligations and responsibilities of the parties, about, as well as about the incentives and penalties applied to the employee. Individual institutions (for example, railway communications) may develop their own charters and regulations on discipline and types of punishment for non-compliance with it.

Her types

Labor law states that:

  • general;
  • special.

Violation of the routine established at the enterprise may result in a remark, reprimand or (Article 192 of the Labor Code of the Russian Federation) for the subordinate. When choosing a measure of punishment, the employer is based on the severity of the misconduct, the accompanying circumstances, and the previous attitude to their official duties.

The definition of a specific disciplinary sanction is the right of each employer. However, he cannot choose another measure that is not enshrined in federal law, the charter or regulation on discipline.

Subjects and objects

  • Subject disciplinary liability can only be individual associated with the head of the institution by a subordination relationship. The concept requires the presence of a labor or service process, so we can conclude that the subject is a person participating in the administrative team. But, there are exceptions. Thus, a student living in a hostel provided by educational institution. To her and even.
  • object disciplinary offense should be considered what the violator encroaches on - the internal labor discipline, property of the institution, etc.). It is customary to refer to the objective side any action (inaction) that is contrary to the law, the harm that has occurred, as well as their connection.

Bringing an employee to disciplinary responsibility

The optimal measure of punishment is chosen by the head based on the severity of the offense and their number. To protect themselves, every citizen entering into an employment relationship must carefully study the list of duties enshrined in it.

In Art. 21 of the Labor Code of the Russian Federation fixed general labor regulations mandatory and uniform for all employees. This ensures compliance with the internal rules of the organization, the requirements of labor protection, safety, as well as the implementation of the standards established for each specific position.

To the most common reasons disciplinary liability can be attributed to:, (alcoholic or drug) and ignoring the orders of superiors, if this is enshrined in the employment agreement. Many business leaders use this position as a leverage on the subordinates who organized the strike.

Of course empty workplace and the absence of supporting papers can be regarded as absenteeism. But participation in a strike, in accordance with Art. 414 of the Labor Code of the Russian Federation, is not recognized as a violation of the labor schedule. Therefore, this event cannot be used as a basis for bringing an employee to disciplinary liability.

Foundations

The onset of disciplinary liability must be preceded by a misdemeanor. Art. 192 of the Labor Code of the Russian Federation classifies as violations the non-performance or improper performance by an employee of the duties assigned to him in accordance with the labor agreement and job description.

Order step by step

It all starts with getting an explanatory note from the employee. If the subordinate refuses, then the responsible official draws up an appropriate internal act within 2 working days.

To hold an employee liable for a disciplinary nature, one should be guided by the norms of the current labor legislation. There is no need to carry out additional service checks.

In accordance with Part 5 of Art. 193 of the Labor Code of the Russian Federation, the number of penalties applied cannot exceed the number of committed disciplinary offenses. Following the identification of violations, publication follows. It also indicates the penalty chosen by the head. The subordinate must familiarize himself with the document within 3 working days from the date of its publication, with the exception of the period of legal absence from work (,). The refusal must be recorded in the relevant act.

Timing

Application period disciplinary punishment limited to 1 month from the date of discovery of the misconduct. The time of official absence from the workplace is excluded. Only a leader with the appropriate right can issue an order to bring to disciplinary responsibility.

  • The imposition of a disciplinary sanction should be preceded by no more than 6 months, and if the offense was revealed as a result of the work of the audit or audit commission, then no more than 2 years should elapse between the date of the commission and the moment of discovery.
  • The legislation provides for the early cancellation of punishment in connection with the desire of the head, the request of the subordinate, the written request of the immediate superior or the body representing the interests of employees.

Types of punishments

The norms of conduct that must be observed in a particular organization can be found during the conclusion labor agreement. The main types of faults include:

  • , especially systematic;
  • appearance at the workplace in a state that does not comply with current legislation and internal local acts;
  • non-compliance with the rules of the dress code (if any exist in the institution);
  • refusal to undergo a mandatory medical examination;
  • leaving work without the knowledge and permission of superiors;
  • causing material harm to the organization (damage to property, etc.).

A committed disciplinary offense allows you to apply one of the following types of punishments:

  • comment;
  • rebuke;
  • dismissal.

Each fault can be punished with only one penalty, and it is not necessary to use an increasing order. For example, one serious non-compliance with the norms of the law or internal rules is enough for a manager to make a decision to break labor relations.

What violations can be subject to disciplinary action? Talk about this video below:

When considering issues related to the regulation and practice of applying disciplinary liability, it is necessary to be guided by the following acts:

  1. Chapter 14 of the Labor Code of the Republic of Belarus (yes lee - TC);
  2. Decree of the President of the Republic of Belarus dated December 15, 2014 No. 5 “On strengthening the requirements for managerial personnel and employees of organizations” (hereinafter - Decree No. 5);
  3. Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29 “On additional measures to improve labor relations, strengthen labor and performance discipline”;
  4. Acts of legislation applicable to certain categories employees (civil servants, persons subject to disciplinary regulations);
  5. technical conditions, state standards, other rules and instructions that establish requirements in certain areas of labor activity;
  6. Resolution of the Plenum Supreme Court of the Republic of Belarus dated 28.06.2012 No. 4 “On the practice of application by courts of legislation on labor discipline and disciplinary liability of employees” (hereinafter referred to as Resolution No. 4);
  7. The provisions of the employment contract, local regulatory legal acts, job descriptions, labor protection instructions and other acts that establish requirements for labor discipline and job duties of employees.

Prevention of disciplinary violations

Factors and circumstances that reduce the risk of disciplinary offenses on the part of employees:

  • timely development and consolidation of requirements for labor discipline in the local regulatory legal acts of the organization;
  • timely reflection of job responsibilities and changes in them in job descriptions and employment contracts;
  • timely familiarization of employees with the requirements for labor discipline, job responsibilities, changes in the organization's local regulatory legal acts on these issues;
  • the functioning of an effective system of control by the employer over the performance by employees of official duties and the requirements of labor discipline;
  • timely bringing employees to disciplinary responsibility.

In the event of failures in the work in these areas, the risks associated with the occurrence of disciplinary offenses increase significantly; also increases the risk of impossibility to bring the employee to disciplinary responsibility or illegally bring him to such.

Attention!
With improper labor discipline in the organization corruption risks may arise, and this is much worse than just a disciplinary offense. Corruption risks may occur, including in the work of non-state enterprises. More about building a countermeasure system corruption risks - , head of the legal department of ALC "Eterika"

Grounds for application of disciplinary liability

Guilt

The fault of the employee can be expressed in the form of intent or negligence (clause 3 of resolution No. 4). At the same time, it is necessary to understand that the employer must find out the degree of fault of the employee and the fact of its presence. To do this, the reasons for the violation by the employee are clarified by obtaining written explanations. Accordingly, if the reason for the violation of labor discipline and job duties lies in the actions of the employer (failure to familiarize the employee with labor duties, local regulatory legal acts of the organization), it is not necessary to talk about the fault of the employee.

Insufficient attention to the reasons for non-performance or improper performance of labor duties leads to the recognition of bringing to disciplinary responsibility illegal.

Failure to perform or improper performance of labor duties

These actions (inaction) may be expressed in violation of the requirements of the law, internal labor regulations, obligations under an employment contract (contract), job descriptions, regulations, orders, technical rules, local regulations, etc.

Attention!
From point of view judicial practice The following situations cannot meet the criteria for disciplinary misconduct:
1) refusal to perform work that is not part of the employee's labor duties (that is, not specified in the legislation, local legal acts, employment contract, job description);
2) failure to familiarize the employee with job duties and requirements for labor discipline, with the exception of duties expressly established by law;
3) refusal to perform work that is contraindicated for the employee for health reasons;
4) refusal to perform a public assignment;
5) non-fulfillment of labor duties for reasons beyond the control of the employee, including due to actions (inaction) of the employer himself;
6) illegal inclusion of official duties in job descriptions, labor contract, other local regulations that are not characteristic of the relevant position;
7) absence from the workplace, including full-time work, in connection with being at the doctor's office, if the employee went to the doctor because of poor health;
8) keeping the employee in custody, serving a sentence in the form of administrative arrest and other circumstances indicating that the employee is not at fault.

Please note that in the event of a litigation with an employee regarding disciplinary liability, the burden of proving the fact of a misconduct lies with the employer. Accordingly, the protection of the interests of the employer largely depends on quality work to determine the official duties of the employee when he is hired, as well as the correct documentation offense and the circumstances in which it was committed.

For reference
It is very important for the employer to have effective system setting tasks for employees and monitoring their implementation. Recommended for this purpose , which is very common in many organizations (link is given detailed instructions on the use of Microsoft Outlook in the work of the legal service).

The most frequent violations by the employer of the legislation in the field of bringing employees to disciplinary liability are as follows:

  1. Bringing to responsibility in the absence of fault of the employee;
  2. Improper fixing of official duties, which allows for the ambiguity of their interpretation (as a result, the absence of a violation);
  3. Violation of the terms of bringing to responsibility;
  4. Simultaneous application of several measures of disciplinary responsibility;
  5. Disproportion of the applied measure to the nature of the violation;
  6. Formal violations of the procedure for bringing to responsibility, which entail formal illegality.

Conditions and consequences of disciplinary action

In addition to the presence of a disciplinary offense, an important condition is the observance of the deadlines for bringing to disciplinary responsibility, which are:

1) one month from the date of discovery (not counting the time of illness of the employee and (or) his stay on vacation), but not more than 6 months from the date of the commission of a disciplinary offense (based on the results of an audit, inspection conducted by competent government bodies or organizations - no later than two years from the date of commission). AT specified dates time of criminal proceedings is not included;

2) when considering materials on a disciplinary offense law enforcement- not later than one month from the date of refusal to initiate or terminate the criminal case.

Attention!
In accordance with clause 9 of Resolution No. 4, the following are not excluded from the statute of limitations for bringing an employee to disciplinary liability:
- the time the employee was on a business trip, military training, absenteeism and other cases of absence from work;
- the period for the employer to verify the fact of committing a disciplinary offense, unless otherwise established by regulatory legal acts on special disciplinary liability.

When calculating the terms for bringing an employee to disciplinary responsibility, it is necessary to be guided by the rules established by Art. 10 TC.

The consequence of the application of a disciplinary measure is that, in case of a repeated violation, an employee may be dismissed due to systematic non-compliance an employee, without good reason, of the duties assigned to him by an employment contract or internal labor regulations (paragraph seven of article 42 of the Labor Code). At the same time, this state is terminated by paying off the disciplinary sanction after one year from the moment the sanction was applied (in the absence of a repeated violation) or early withdrawal by issuing an order by the employer (part two of article 203 of the Labor Code).

Algorithm for applying disciplinary measures

Step 1. Fixing the violation

The legislation does not specify the type of document, which in without fail should be drawn up to fix the violation. According to part twoclause 18 of resolution No. 4 such documents include:

  1. Acts on committed violations;
  2. Materials of inspections, audits carried out by higher-ranking organizations, as well as state bodies.

Attention!
The application of the system of fines is contrary to labor legislation, since it worsens legal status workers. In addition, fines by their nature are measures of administrative or criminal liability that cannot be applied by the employer.

Step 4. Checking

This step must be implemented if a measure of responsibility in the form of dismissal is applied to the employee. The inspection is mandatory by virtue of sub. 6.1, 6.2, paragraph 6 and paragraph 7 of Decree No. 5. To carry it out, the employer must appoint a person responsible for carrying out, or create a commission. The latter, as a rule, consists of the chairman of the commission and two members. The appointment of a responsible person and the creation of a commission must be formalized by order (instruction) of the employer. The results of the audit must be recorded in the audit report.

Step 5. Applying a disciplinary measure

The following conditions must be met:

  1. The liability document must be issued by an authorized person. The penalty is imposed by the body (manager), which is granted the right to accept (election, approval, appointment) and dismissal of employees. These powers may be transferred by order to other persons. For persons acting as the head of the organization during his absence due to temporary disability, business trip, vacation, issuance of a separate order is not required;
  2. Compliance with the statute of limitations established by law;
  3. The employee must be notified of the application of disciplinary measures. the imposition of a penalty is announced to the employee against signature within 5 days (with the exception of vacation time or temporary disability). Whenemployee from familiarization, the employer must issueemployee from familiarization with the order (instruction, resolution) with an indication of the witnesses present at the same time. Failure to perform these actions entails the recognition of the employee as not having a disciplinary sanction.

Responsibility of the employer in case of non-involvement / incorrect imposition of disciplinary liability

Illegal application of disciplinary measures can lead to significant consequences for the employer:

  • in case of dismissal, the employee can be reinstated at work;
  • with the consent of the employee, instead of reinstatement at work, compensation in the amount of 10 times the average monthly earnings;
  • in cases of reinstatement of the employee in the previous job, as well as changing the wording of the reason for dismissal, which prevented the employee from entering the new job, he is paid average earnings for the time of forced absenteeism (the time during which the employee did not fulfill his duties due to illegal dismissal);
  • the employee may be compensated for moral damage;
  • the tenant may be held administratively liable under the fourth part of Art. 9.19 Administrative Code;
  • If the trial is lost, the employer will be charged the legal costs.

In addition, it should be remembered that one of the reasons for the dismissal of the head on discrediting grounds is the concealment by the head of the organization of the facts of violations of labor duties by employees or the failure to bring guilty persons without good reason to the responsibility established by law for such violations (subclause 6.9, clause 6 of Decree No. 5).

At the same time, in accordance with sub.4.2, paragraph 4 of Decree No. 5 concealment (substitution) of the grounds for the dismissal of an employee if there is a ground for his dismissal for committing guilty acts is a gross violation of labor duties, entailing unconditional disciplinary action against the head of the organization, up to and including dismissal from his position.

Every employee who has spent at least a few days of his life at work or for the good of the company is familiar with such a concept as labor discipline. Each employee must remember the rules and try to comply with them as much as possible. An additional motivation for the implementation of the basic rules is bringing to disciplinary responsibility. It can lead to penalties, no bonuses, and even layoffs.

Types of penalties for violations of order at the enterprise

Legal liability also includes disciplinary violations that occur in the event of a violation of the order. This is expressed in the imposition of a fine on the employee who committed the misconduct. The employer has the right to apply a penalty, and on legal grounds.

AT this case Misdemeanor is failure to perform essential duties in the workplace. There are at least 3 types of penalties for this:

  • the leader can make a remark;
  • more severe punishment - reprimand;
  • The most severe punishment for an employee is dismissal from the company.

The main reasons for imposing a penalty on staff

Mistakes or transgressions are the main reason for punishments. An approved list of such errors in legislative framework does not exist. But there is a list of reasons for the reduction of workers in order to punish for non-compliance with the order. Misdemeanors include:

  • absolute non-fulfillment, or illiterate fulfillment of the main duties at work, or ignoring the instructions of the director, non-compliance with the rules, violation of established working methods;
  • non-compliance with the work schedule. This means that the employee is regularly late for work, while violating the working regime.
  • appearing at work in a state of intoxication;
  • theft of property of the enterprise, as well as its damage.

When doing this, be aware that it could be the main reason for your dismissal from your job.

Common reasons for charges

There are at least two main reasons why employees lose part of their wages or get fired altogether.

  1. Being late for work. In order to establish how long a person was late for work, it is necessary to determine what time he should have been in his place. A certain time of work should be fixed in the rules of the order. If the employee was not warned about this under the signature, then in no way will it be possible to hold him accountable.
  2. Dress code inconsistency. For a long time people have been discussing this problem, especially leaders large companies, therefore, for non-compliance with the dress code of the company, the employee may expect a serious fine or reprimand.

Download the form for an employee being late for work

Swearing at work is not a reason for dismissal, regardless of who the disrespectful tone or phrase was directed at.

In general, it is very rare that, due to disciplinary violation dismiss people from work, most often it ends only with a fine or a reprimand. But, if the manager still decides to fire you due to a minimal violation of the rules, immediately seek help from the court.

Types of responsibility

It is worth highlighting a special shared responsibility. The second option refers to employees who have entered into an employment contract with the organization. Special responsibility is established for certain categories of personnel working in certain sectors of the economy.


The first type is due to the specifics of the work performed by the staff, as well as the especially serious consequences that occur due to failure to fulfill duties at work. In accordance with the law, for making a mistake at work intentionally, the employer has the right not only to warn about the inconsistency of the position, but also to release from work at this place.

Features of administrative responsibility

This type differs from the disciplinary type in the type of penalties applied. It should be noted that this type of penalty cannot be applied for non-compliance with the norms and requirements. At the same time, it does not matter at all where the offense was committed - on the territory of the enterprise where the citizen works or in any other place.

Attention! Before penalties are applied, the employer must require the employee to provide an explanation for inappropriate behavior. If within 2 days the employee does not provide paper, the manager must draw up an act.

Based on this, the owner of the company has the opportunity to approve the recovery. After that, it must be presented to the employee for him to sign - this must be done within 3 days. If a citizen refuses to do this, then the next act will need to be drawn up.

The period of application of the penalty

The owner of the organization is able to apply punishment within 30 days from the date of discovery of the violation. Remember that punishment can be applied no later than half a year after the misconduct.

Attention! Penalty can be imposed not only on the employee. There is a special procedure and grounds for holding a manager accountable. This also applies to his deputies and assistants.

Is it possible to remove the penalty from the staff?

In accordance with the law, it will be removed after 12 months from the date of its imposition. But this applies only to those situations where there were no violations during last year. But the employer is able to do this even earlier than in one year. To do this, the employee will need to talk to the director of the company on their own. If a person for certain reasons does not want to do this, the head may ask for him. Like imposition, withdrawal is possible only after an appropriate order has been issued.

Not in all situations, holding accountable is a reasonable and legal action. If you are sure that you have been subjected to illegal actions, immediately go to the labor protection service.

How to defend your own rights?

To complain about the misconduct of your own manager, you must create a complaint in writing. It can be drawn up independently in any form, it will need to indicate all the circumstances, as well as indicate all the illegal actions applied specifically to you.


If you work in large organization, we recommend to convene a meeting to resolve labor disputes. But if you initiate such a meeting, you must notify the leader about it. After that, a meeting should be held within a few days. This option of clarifying relations with the management is possible, but if 3 months have not passed after being held accountable. It is these terms that were established in the legislative framework by the state authorities.

If you are not satisfied with the decision of the commission, you can file a lawsuit. Appeal to this body, is also considered relevant if the meeting was not held and the management did not react to it in any way.

Lawyer Elena Ponomareva talks about disciplinary sanctions