Issuance of a reprimand for violation of labor discipline. When is disciplinary action applied? Automatic withdrawal of penalty

Disciplinary action is notice, reprimand and dismissal. Based on the norms of the law, the imposition of a disciplinary sanction in the form of a remark is softer consequence, compared with a reprimand.

Disciplinary sanction in the form of a remark, the consequences suggest harsh criticism employee actions. Maybe it's not enough professional attitude to the cause or shortcomings in the results of work.

The pronunciation is already abruptly negative attitude management of the organization to the behavior of the employee, to the miscalculations he made, which entailed some consequences for the entire team.

Such disciplinary action(reprimand) as if showing that it is " last warning' before being fired. Such situations should not happen again.

May have a disciplinary sanction (remark) consequences that are established by the organization. For example, for the remark 20% monthly premium is withdrawn, for reprimand - full depremation.

Such provisions for disciplinary responsibility it makes sense to introduce in large organizations with thousands of people on staff. The so-called "corporate ethics" involves the use of a flexible and objective system of rewards and punishments.

If we turn to the realities of the majority commercial organizations, then the remark, as a disciplinary sanction (order) is no different from a reprimand. The Labor Code allows employees and firms to independently agree on a system of penalties for misconduct within the framework of labor relations, but in practice this does not happen. Enough verbal reprimands and deprivation of bonuses.

Severe reprimand Is it a disciplinary action or not?

Such a term as "severe reprimand" Russian laws do not.

The origins of this penalty are in the labor relations of Soviet times, where there was a whole scattering of various disciplinary sanctions for every taste.

The system of market relations has made its own adjustments: a reprimand, a remark is a disciplinary sanction, they are more than enough to differentiate responsibility.

Application

An order for disciplinary action in the form of a reprimand or remark is possible only on strictly formal grounds. The employee did not fulfill the duties assigned to him or ignored the order of his supervisor.

All the duties of the employee must be spelled out in his job description or in the regulation on the department where he works. In addition, there is a certain mode of operation, the daily routine.

If an economist decides not to sit at work overtime or refuses to help unload a truck, then he cannot be held accountable for disciplinary action.

Disciplinary action: remark (sample) or reprimand most often used for:

Systematic tardiness. The easiest way to track - the system of passes in the office building or a video camera with a set shooting time will give objective information.
Delays in assignments(for example, a delay in a scheduled report). Such instructions must be given in writing. Failure to comply with the oral requests of the authorities can not be proved later in the proceedings.
Dereliction of duty which caused material damage or other Negative consequences for the organization. The employee forgot to issue any document, submit an application to government agency or made some other mistake.

Sample order for disciplinary action (remark) impossible to issue for subjective assessment of the employee's actions. For example, "for the lack of perseverance applied when working with clients."

But if the client has filed a formal complaint against the employee, then documentary confirmation low level of professionalism of the subordinate.

Paperwork

After the discovery of an employee's misconduct, it is necessary to document. Make up if a person was late or was absent from work without a good reason. Or get it from your immediate supervisor, if official duties have not been violated.

After that, you should receive a written letter from the employee, which would explain the reasons and motives for his behavior.

Based on these documents, a collection is made. There is no mandatory form for such an order. Order example on disciplinary action (remark) must contain the following information:

whom should be held accountable (indicate full name and position);
for what offense: briefly describe the nature of the violation and indicate the date;
grounds for attracting: details of the act, memorandum or other document where the violation was recorded;
type of penalty. For example: an order for disciplinary action in the form of a remark. Additionally, you can specify other negative consequences that will occur for the employee. For example, "to announce a reprimand and deprive the quarterly bonus."

The employee must study disciplinary order (reprimand or remark) and sign it within three business days.

Reprimand and remark, as a disciplinary sanction, how to issue? It should be noted that such an order must be issued no later than a month from the date of discovery of the misconduct of the employee.

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Consequences for the worker

Labor legislation does not imply any negative phenomena due to the application of a disciplinary sanction to it.

From a legal standpoint, the employee will be in a state of "violator" labor discipline another year after being subjected to disciplinary action. Perhaps he will feel some moral pressure in connection with a reprimand or remark in a personal file.

The natural result of disciplinary responsibility is application additional measures impact on the employee from the side of the authorities:

deprivation of bonus;
withdrawal of interest. For example, an employee received additional money for high performance in work, but, in the light of violations of labor discipline, it would be illogical to recognize his work as worthy of additional payment;
. In many firms vacation in summer months is a major reward for an employee.

Repeated disciplinary offenses become grounds for dismissal of an employee. This fact is the most common cause remarks or reprimands.

Hardly a good specialist for the only delay they will "mark" with a reprimand. Most likely, the boss will be satisfied with verbal suggestion and receiving written explanations.

Therefore, an official reprimand in compliance with all formalities is for an employee final warning- if this happens again, labor Relations terminate in accordance with the law.

Appeal

Disciplinary action in the form of a reprimand can be appealed by the employee if he does not agree with the order of the head of the organization. This can be done like at the state labor inspectorate, So and in judicial order . Justices of the peace hear such cases at first instance.

As you can see, the employer does not apply the penalty from scratch. At least he has two documents: Act or memorandum, confirming the non-fulfillment of duties by the employee, and explanatory note of the violator.

An employee who received a disciplinary sanction in the form of a reprimand (a sample order is located), upon appeal, will have to collect evidence being right, which can be very difficult.

Read more about how a disciplinary sanction is lifted.

Do not rely on the testimony of colleagues- they want to continue their career at their current place of work, and speaking out against the authorities in court is guaranteed to lead to an early dismissal.

A disciplinary order (sample), it will not affect your reputation in a new job. On the other hand, trial finally spoil the strained relationship with the head of the organization.

Removal of penalty

Imposing a disciplinary sanction- a time-consuming procedure that requires compliance with all legal formalities. It is better not to bring the matter to official reprimands and remarks, to use other methods of influencing employees.

There is always a possibility to find a compromise to smooth out the conflict. This will help increase productivity further.

To maintain labor discipline at the proper level, the manager often resorts to the carrot and stick method. The carrot method (for example, material incentives) does not always work, as opposed to it, a disciplinary sanction is applied. Depending on the degree of violation, on the amount of damages caused, the approach to punishing an employee can be different: reprimand, remark, penalty, dismissal.

Disciplinary action is a legislatively fixed method of optimizing the work of employees. It can be applied in all areas where there are employees: enterprises of all forms of ownership, public service, military service.

ON THE. Badrak

"Labor Code Russian Federation» dated December 30, 2001 N 197-FZ (as amended on July 3, 2016) (as amended and supplemented, effective from October 3, 2016). Article of the Labor Code of the Russian Federation 192 "Disciplinary sanctions".

Any penalty is imposed on the employee only in case of improper performance or ignoring of their official duties.

The responsibilities of each employee should be documented in the job description. Familiarization with the document for the employee is mandatory under the signature. Otherwise, the employer will not be able to make a remark or reprimand, as the employee performs an ill-defined scope of duties.

The legislation of the Russian Federation does not provide for a clear sequence for the application of penalties. Optionally, a remark follows first, and then a reprimand. If the manager considered the employee’s misconduct to be especially serious, then a reprimand with entry into a personal file may well follow immediately.

Neither remark nor reprimand shall be included in work book worker. The personnel specialist makes records of disciplinary offenses in personal cards in order to control their number for the same employee.

The remark is made by the head, most often orally, for misconduct that does not cause serious damage to the work of the organization. The purpose of the remark is to direct the employee's activities in a more productive and safer direction. In local regulations the allowable number of remarks for one employee can be fixed. To maintain an official record of comments, they are documenting in the form of a leader's order.

Announcement of remarks orally

The term for imposing a remark does not apply, in contrast to a reprimand (1 year).

An employee is reprimanded in case of committing serious, in the opinion of the manager, violations. Such violations include:

action or omission necessary action resulting in material damage to the organization;
undermine the reputation of the organization.

Consequences of remarks and reprimands for an employee

If the manager considers that the number of comments made to the employee exceeds the permissible norms, then a reprimand may follow. The division of a reprimand according to the degree of severity (for example, a strict reprimand) is unacceptable according to the Labor Code of the Russian Federation.

Consequences of a reprimand for an employee:

entering in the personal file of the employee, but not in the work book;
the employee is under special control for one year. For repeated actions that resulted in a reprimand, or actions of a similar nature, an employee may be fired;
if the organization pays incentive payments (bonuses, bonuses), then the manager has the right to deprive the guilty person of these payments;
the guilty person may be rescheduled for vacation (this option must be prescribed in collective agreement, additional agreements, other local documents of the organization).

We repeat that the measures of deprivation material payments must be documented. Each employee must sign that he is familiar with the measures of incentives and deprivation of additional payments to personnel in this organization. Otherwise, the employee will be able to prove the unlawfulness of the actions of the management, and all due payments he will have to return it.

The procedure for announcing remarks and reprimands. Sample

Based on the requirements of Article 193 of the Labor Code of the Russian Federation and the local regulatory documents of the organization, the algorithm for announcing a remark or reprimand is compiled in the following sequence:

Before drawing up an act on the identification of a violation, due to which an employee receives a remark or reprimand, the law requires that the employee be given an explanation. That is, in writing, set out a variant of the development of events that led to a specific negative result. For writing explanatory note allocated 2 days. Previously, the manager draws up a notification-request addressed to the employee about writing an explanation.

The employee writes an explanatory note addressed to the head, is drawn up in a free form. Be sure to include the date and sign.
In the case of providing a note explaining the reason for what happened, the manager analyzes the situation and determines the measure of recovery from the perpetrator.
If the employee cannot or does not want to provide an explanatory note, the employer draws up an act on the identification of violations in the work of the employee.
If the manager came to the conclusion that the misconduct of the guilty employee deserves a remark or reprimand, then an appropriate order is issued. The order must be accompanied by an explanatory note of the guilty employee and an act on the detection of a violation. The employee must be familiarized with the order within five days.

It is not always possible to detect a violation on the day it was committed. The manager has the right to announce a penalty within one month from the moment the employee's misconduct is discovered. The limitation period for collection is also determined by law - 6 months. After this period, if the fact of violation has not been revealed, it will not be possible to impose a penalty on the employee.

If an employee's misconduct caused material damage to the organization (for example, when a violation of tax laws was revealed), then the statute of limitations for imposing a penalty increases to two years from the date of the misconduct.

Rights of an employee to appeal against a recovery order

Despite the fact that the employer brought the guilty employee to disciplinary action without violating the law, the employee has the legal right to disagree with the order. The guilty employee has the right to state his version of the event, which is recorded in the explanatory note. The employee may have good reasons for what happened or evidence that the disciplinary sanction was imposed unfairly. An employee who stands up for the truth can apply to higher authorities to prove his innocence (labor inspectorate, courts, trade union or a special commission for resolving labor disputes).

The Labor Inspectorate is required to review the complaint and initiate an investigation within 30 days.

The trial involves the payment by the plaintiff of a state duty, the collection and provision of all documents proving innocence. The court is guided by the provisions of the civil law code, taking into account the interests of both the employee and the employer. If the litigation is resolved in the direction of the plaintiff, the court will oblige the employer to pay all the expenses incurred by the plaintiff (including the payment for the services of a legal representative) and remove the disciplinary sanction from the employee.

The commission for the resolution of labor disputes is created from among the employees of the enterprise, necessarily including a representative of the trade union (if any). The commission is obliged to start resolving the disputed situation within 10 calendar days from the date of receipt of the application. Article 385 of the Labor Code of the Russian Federation determines the procedure for considering labor disputes without involving a third party (labor inspectorate, court).

The best way to resolve labor disputes is to create a commission (CCC). However, not all solutions contentious issues falls within its jurisdiction. Issues resolved directly in court:

Reinstatement of an employee in a removed position.
Recovery after dismissal.
Solving financial issues (nuances of accrual wages upon demotion, pay valid absences to work).
Resolution of disputes concerning the guilt of the organization in causing damage to the employee.

Removal of a disciplinary sanction

Typical mistakes of a manager when imposing a penalty

No matter how much you want to punish the guilty employee in good conscience, you should take into account possible pitfalls when imposing a penalty:

Insufficient base of collected information, fully proving the guilt of the employee. Please note that if an employee committed a violation not by the will of intent, but by negligence, then it is illegal to hold accountable in this case.
Violation of submission deadlines required documents(explanatory note, familiarization with the notice, orders).
The imposition of a penalty at the time of the employee's absence from work (including due to unidentified circumstances). In this case, all issues are resolved by mail ( by registered mail with notice). A notification is sent about the submission of an explanatory note, an act of violation, an order for recovery.
Imposing a penalty for violations not provided for by law and local documents of the organization. Here it is important to do without self-management.
Several penalties for one offense (remark and reprimand, reprimand and dismissal). The law provides for only one disciplinary sanction for a specific misconduct.

The imposition of a disciplinary sanction, of course, stimulates the employee to better perform their direct tasks. job duties. But this happens only when the guilty employee fully admitted and took note of his mistakes. Controversial situations that have arisen against the background of the employee's violent resistance to the fact of an unfairly imposed penalty can worsen the professional microclimate in the organization up to the trial. The employer must understand the full responsibility of making a decision on recovery, especially if the issue concerns the deprivation of the employee of the monetary payments due to him. It remains only to advise the employer to adequately assess the current situation and peacefully resolve controversial issues.

Failure to perform or improper performance may result in the imposition of a disciplinary sanction for the subordinate: a remark or a reprimand, and in extreme circumstances, everything can end in the termination of the employment contract.

In what situations are comments made?

For government employees and municipal institutions, customs officers and prosecutors may apply a number of disciplinary punishments regulated by Art. 193 of the Labor Code of the Russian Federation, the charter and the corresponding regulation.

If the organization decides to punish the employee in another way - fine or forfeit, then risks being prosecuted under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

In Art. 192 of the Labor Code of the Russian Federation, the punishments are listed in ascending order. But, this does not mean that the manager should hold the employee accountable in this sequence. The severity of the misconduct committed, the consequences and personal qualities of the violator are the main indicators on the basis of which the manager makes a decision to impose a disciplinary sanction or to terminate the employment relationship.

1 offense = 1 punishment, that is, if the employee left without permission workplace for more than 4 hours, then he can either be fired or reprimanded. But if the misconduct led to damage to property, then the head can apply measures of both disciplinary and material liability.

current labor law does not give a clear description of the expediency of applying a particular disciplinary sanction. That is, the choice of a certain measure of punishment falls on the shoulders of the director of the organization.

As practice shows, a remark is usually issued beyond the following types misdemeanors:

labor discipline was not grossly violated once;
failed to fulfill the duties set out in the job description.

Most popular example of non-gross misconduct: non-compliance with the established work schedule (lateness). often ends comment. A disciplinary order is valid for 1 year. Failure to comply during this time may result in a more severe disciplinary action or termination.

Issuing a punishment order requires evidence, that is, if we are talking about being late you need to fix this moment in the following ways:

take readings of the device located at the checkpoint, if the enterprise has a system of magnetic cards;
draw up, in the presence of witnesses, an official paper on violation of the labor schedule (the recommended number of witnesses is at least 3 people).

Differences from pronunciation

What is the difference between a remark and a reprimand? Yes, almost nothing. Based on the sequence of location of disciplinary sanctions in Art. 192 of the Labor Code of the Russian Federation, it can be concluded that note - this is the softest option, reprimand - medium, and dismissal - the most severe.

Other than the above order, there is no difference between a reprimand and a remark. Validity, application, cancellation and consequences the same for each of the violations.

Registration procedure

On the procedure for applying disciplinary action, Art. 193 of the Labor Code of the Russian Federation. It is also said here that the employee is obliged to provide the manager with a written explanation of the event. In accordance with the law, from the moment the misconduct occurs, the countdown of the time allotted to the employer for the application of disciplinary punishment begins.

The misconduct committed by the employee must be reflected in writing. The procedure is not described in the legislation, since this is an optional procedure. Fixing a misdemeanor involves:

filing a memorandum or memorandum addressed to the head on behalf of the person who discovered the misconduct;
drawing up an act of the event (absence from the workplace, refusal of a medical examination, etc.);
entering the decision of the commission into the protocol.

The employee must familiarize himself with the drawn up documents and put his signature. If he refuses to do this, then the personnel officer reflects this in the relevant act.

A disciplinary order should not be short and concise, on the contrary, it is recommended to describe each event and mention all the facts found during the check and indicating a violation.

Some employers insist on providing an explanation but do not require it to be written down. This is wrong and is fraught with the following consequences: the employee may simply not confirm that the employer complies with the procedure established by Art. 193 of the Labor Code of the Russian Federation.

Subordinate 2 working days are allotted for the preparation of a written justification of his offense. It is not worth rushing and demanding the issuance of an order to issue a comment on the same day, as this may turn into a lawsuit.

At the legislative level only 2 mandatory requirements defined in relation to explaining the causes of the occurrence disciplinary offense- term and written form. In practice, the subordinate submits to the manager an ordinary explanatory note. By the way, writing a written explanation is a right, not an obligation of an employee. Even if the citizen does not provide this paper, the manager will still be able to realize his plans. After 2 days you need to draw up an act on the employee's refusal to give a written explanation the reasons for his misconduct and make sure that he signs it as a sign of his acquaintance.

Attention! If the termination proceedings reach the labor inspectorate, then it is the head of the institution who will have to prove that the dismissal of the employee was carried out in accordance with applicable law.

You can punish a subordinate for a disciplinary offense in the presence of the following circumstances:

misconduct corresponds to one of the grounds established by the regulatory framework;
an unscrupulous approach to the implementation of job descriptions has no basis good reasons;
the occurrence of an unlawful event is related to labor duties;
the labor instruction is drawn up properly, and the employee is familiar with it;
disciplinary sanction is determined by the current legislation;
the deadline and sequence for issuing remarks / reprimands are strictly observed;
the decision of the official signing the disciplinary order is lawful;
when considering the issue, the behavior of the employee preceding the misconduct was taken into account.

Term of application of the penalty

Notice order is in effect. within 12 months. If during this period of time the employee once again violates labor discipline, then the term will move forward. The ultimate measure of punishment is the termination of the employment relationship. This disciplinary sanction is indefinite, and only the labor inspectorate can terminate it in case of violations in the actions of the employer.

If a dismissed person for violation of labor regulations or unfair performance of a job description is hired in the same institution, but in another department, it will be considered that the employee has no penalties.

Also, no one forbids the manager to cancel the order to issue a remark ahead of schedule, however, experts advise not to reduce the period to less than six months.

What is the effect of the comment?

Any disciplinary sanction is unpleasant for the employee both from an economic and psychological point of view. The first remark is usually significant reduces labor enthusiasm and reduces production performance. But there are also pluses: "fined" subordinates show more responsibility to production process, are closely monitoring work schedule and improve their skills.

A competent leader, before punishing a subordinate, must evaluate possible consequences. If we are talking about a minor offense, then sometimes you can get by with an ordinary conversation.

Through disciplinary punishments, it is possible to influence both an individual employee and the team as a whole.

The video contains additional information about disciplinary actions.

For committing a disciplinary offense, i.e. for guilty non-performance or improper performance by an employee of his labor duties, three types of penalties can be applied to him (Article 192 of the Labor Code of the Russian Federation):

Remark (less strict measure of responsibility);

Reprimand (more stringent measure of responsibility);

Dismissal.

Federal laws, statutes and disciplinary regulations in force for certain categories employees (for example, for state and municipal employees, customs and prosecutors), other disciplinary sanctions may also be provided (Article 193 of the Labor Code of the Russian Federation).

For ordinary organizations, the list of these penalties is exhaustive, therefore, the employer does not have the right to apply other types of punishment to employees (fines, deprivation of bonuses, etc.). If such facts are revealed by the Federal Labor Inspectorate, then the organization may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor legislation.

The penalties listed in Art. 192 of the Labor Code of the Russian Federation, can be applied not only in the order in which they are indicated in the Labor Code of the Russian Federation. Therefore, taking into account the severity of the offense committed, its consequences, the personality of the offender, etc. the employer can immediately reprimand the employee (rather than a remark) or even dismiss him (if there are sufficient grounds). But for each violation, only one penalty can be applied (Article 193 of the Labor Code of the Russian Federation), i.e. for absence from work for more than four hours, both a reprimand and dismissal cannot be applied to an employee at the same time. At the same time, bringing an employee to liability for a particular offense (for example, for damage to the organization's property) does not deprive the employer of the opportunity to apply a disciplinary sanction at the same time. This conclusion follows from Art. Art. 192 and 248 of the Labor Code of the Russian Federation, according to which bringing to liability is not a disciplinary sanction.

For more information about bringing to liability, see "Guide to personnel issues. Material liability worker".

Violations for which penalties may be applied

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 liability, you need to make sure that the employee was familiar with the document, the provisions of which he violated. Familiarization of the employee with these documents is recorded by his signature (with the date) on the relevant document.

Thus, the application of the penalty is possible:

For the commission by the employee of actions expressly prohibited employment contract, job description, local act;

For failure to perform the necessary actions expressly provided for by these documents;

For the commission of actions not prohibited by the employment contract, but arising from the meaning of observing labor discipline.

Examples of such actions could be:

Failure to perform a labor function;

Failure to comply with the instructions of the head;

Violation of labor discipline (lateness, absence from the workplace without good reason, refusal to undergo a medical examination, refusal to teach the basics of labor protection, being at the workplace in a state of intoxication, etc.);

Committing guilty acts (theft, embezzlement, damage, etc.) in relation to the property of the employer, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses(clause "d" part 6 of article 81 of the Labor Code of the Russian Federation).

Situation from practice

Is it possible to apply a disciplinary sanction to an employee who is late for work by an hour by confusing the start time of the shift established by the shift schedule?

Penalty can be applied only if the employee is properly familiar with the shift schedule.

According to part 4 of Art. 103 of the Labor Code of the Russian Federation, shift schedules are brought to the attention of employees no later than one month before they are put into effect. In this situation, the seller can be held liable only if he is familiar with the shift schedule a month before it is put into effect against signature. In the event that the schedule is posted in open space(without the signature of employees on familiarization with it), the seller cannot be held liable.

Thus, if the employer familiarized the employee with the schedule within the time limits established by law, then the application of the penalty is lawful.

Registration of the fact of committing a disciplinary offense by an employee

The first thing to do in order to correctly apply a penalty to an employee is to document the misconduct (action or inaction) that is a violation of labor duties or discipline and for which it is planned to apply a penalty. In practice (depending on what kind of violation the employee committed), this fact is usually documented by the following documents:

A memorandum (for example, if the employee fails to complete the assigned task or when the employer's resources (Internet, copier, etc.) are used for personal purposes);

Act (for example, in the absence of a workplace or in case of refusal to undergo a medical examination);

By the decision of the commission (based on the results of an investigation into the fact of damage to the employer or the fact of disclosure of confidential information).

The listed documents can confirm the misconduct both individually (for example, the decision of the commission) and in the aggregate (for example, in the absence of an employee at the workplace during the working day, as a rule, a memorandum is drawn up first, and then an act). Obligation to familiarize the employee with these documents Labor Code RF is not installed.

Obtaining explanations from the employee who committed the violation

Before issuing an order to apply a disciplinary sanction, a written explanation must be requested from the employee (Article 193 of the Labor Code of the Russian Federation). Thus, the employee is given the opportunity to indicate good reasons for his misconduct. The Labor Code of the Russian Federation does not specify in what form the employer must request given explanation. Therefore, if the employee is ready to submit an explanatory note, a written requirement can not be drawn up. If the situation is clearly of a conflict nature, then it is better to issue this requirement in writing and hand it over to the employee against signature. If the employee refuses to sign the demand, it is necessary to draw up an appropriate act.

The Labor Code of the Russian Federation gives the employee two business days to submit explanations, which are counted from the date following the day the claim was made. If after this period the employee has not provided an explanation, then an appropriate act is drawn up (Article 193 of the Labor Code of the Russian Federation). If there is such an act and a document indicating that an explanation was requested from the employee, a disciplinary sanction can be applied without an explanatory note from the employee (Article 193 of the Labor Code of the Russian Federation).

Situation from practice

When is it necessary to draw up an act stating that the employee did not provide an explanation for the violation of discipline?

An act of refusal to give explanations must be drawn up after two working days from the date of presentation of the relevant requirement to the employee.

According to Art. 193 of the Labor Code of the Russian Federation, an act stating that the employee did not provide explanations on the fact of the committed violation of discipline is drawn up after two working days from the date of presentation this requirement. Accordingly, if the claim is made on Monday, then the first day will be Tuesday, and the second day will be Wednesday. At the same time, by virtue of the specified norm, the second day must expire. Thus, if no explanations were received before 24 hours on Wednesday, then on Thursday, an appropriate act can be drawn up. If the employee submits an explanatory note, the further actions of the employer depend on the reasons for the misconduct indicated in it. If the employer considers them respectful, then disciplinary action is not applied. Otherwise, the explanatory note becomes one of the grounds for applying a remark or reprimand.

Execution of an order for the application of a penalty

After receiving an explanatory note or drawing up an act stating that after two working days the employee did not provide an explanation, an order can be issued to apply a reprimand or remark. At the same time, the question of what kind of punishment to apply in this case The employer decides for himself. In such a situation, it is necessary to take into account the circumstances of the misconduct, its consequences, the reasons cited by the employee, etc.

There is no unified form of such an order, so the organization develops it independently. The order must include the following information:

Surname, name, patronymic of the employee;

The position of the employee to whom the penalty is applied;

Structural unit where the employee works;

The misconduct committed by the employee, with references to the violated clauses of the contract or job description and to documents confirming this violation;

The circumstances of the misconduct, the degree of its severity and the guilt of the employee;

Type of imposed disciplinary sanction (remark or reprimand).

As a basis for issuing an order, the details of the act, memorandum or other document fixing the misconduct, the employee's explanatory note or the act of refusing to provide explanations are indicated.

The order is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee was absent from work. If the employee refuses to read the document, an appropriate act is drawn up.

It is possible to issue an order to apply a disciplinary sanction only if no more than six months have passed from the day the misconduct was committed, and no more than one month has passed since the day it was discovered (Article 193 of the Labor Code of the Russian Federation). In this case, the day when the misconduct was discovered is the day when this misconduct became known to the immediate supervisor of the employee. And it does not matter whether this leader has the right to apply a reprimand or remark (paragraph 34 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2).

These terms are extended in the following cases:

If a violation is discovered as a result of an audit, audit of financial and economic activities or an audit, then the period counted from the moment the misconduct was committed increases to two years (Article 193 of the Labor Code of the Russian Federation);

If the employee's misconduct became the basis for initiating a criminal case, then the time of proceedings on it is not taken into account when calculating the period that has elapsed since the misconduct was committed (Article 193 of the Labor Code of the Russian Federation);

If the employee was sick, was on vacation, then the time the employee was ill, on vacation, as well as the time required to take into account the opinion of the trade union organization, is not taken into account when calculating the monthly period counted from the moment the misconduct was discovered (Article 193 of the Labor Code of the Russian Federation).

Registration of a work book when announcing a remark or reprimand

An entry on a disciplinary sanction is not made in the work book (Article 66 of the Labor Code of the Russian Federation), except in cases where dismissal is a disciplinary sanction.

Registration of a personal card when announcing a remark or reprimand

It is not necessary to make a record of a disciplinary sanction on a personal card. But if necessary (to ensure internal accounting) this information can be reflected in section 10 "Additional information".

The consequences of applying a penalty to an employee

If the employee has a disciplinary sanction (whether it is a comment or a reprimand), the employer has the right to:

Not to pay incentive payments to the employee in full or in part, if local regulations provide that these payments are not made in the presence of outstanding disciplinary sanctions;

In case of repeated (within a year) violation of labor discipline, dismiss the employee (part 5 of article 81 of the Labor Code of the Russian Federation).

Learn more about layoffs repeated failure work duties, see the section "Dismissal for repeated failure to perform work duties" of this material.

Responsibility of the employer for violation of the procedure for applying the penalty

If during an inspection (including those carried out on the basis of an employee’s complaint (Article 193 of the Labor Code of the Russian Federation)) it turns out that the employer has violated the procedure for applying a disciplinary sanction or has applied a sanction without reason, the Federal Labor Inspectorate may bring the organization to administrative responsibility under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. In addition, the applied penalty will be recognized as illegal. Accordingly, if any amounts were not paid to the employee due to this penalty, they will have to be paid to him with interest ( monetary compensation) for delay in payment (Article 236 of the Labor Code of the Russian Federation).

Removal of penalty

Removal of the penalty means that the employee is considered not to have disciplinary action. Such withdrawal may occur automatically or at the initiative of the employer.

1. Automatic withdrawal of penalty

The penalty applied to the employee (reprimand or remark) is automatically removed after a year, provided that during this year the employee was not subjected to a new disciplinary sanction (Article 194 of the Labor Code of the Russian Federation). At the same time, the employer should not draw up any documents, since the Labor Code of the Russian Federation does not require this.

If the employee commits a new offense during the year, for which a new penalty is applied to him, then the period for lifting the penalty begins to be counted again from the moment the order is issued to apply the penalty for a new offense. Accordingly, after a year, if the employee does not commit new misconduct, he will be considered without penalties.

Situation from practice

Is a violation of labor discipline considered repeated if the employee was transferred to another position before the second misconduct?

According to Part 1 of Art. 194 of the Labor Code of the Russian Federation, 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 also has the right, on his own initiative, to remove a previously imposed disciplinary sanction from the employee before the expiration of the year (part 2 of article 194 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not establish that a transfer to another position, another job with the same employer is considered a circumstance that exempts an employee from a previously imposed disciplinary sanction. Accordingly, if 12 months have not passed since the application of the first disciplinary sanction and during the same period the employee violates labor discipline again, such a violation will be considered repeated. The employer will have every reason to dismiss such an employee due to the employee's repeated failure to fulfill his labor duties without good reason (clause 5, part 1, article 81 of the Labor Code of the Russian Federation).

2. Registration of the removal of the penalty ahead of schedule at the initiative of the employer

The employer has the right to remove the penalty from the employee even before the expiration of a year from the date of its application, and he can do this both on his own initiative and at the request of the employee himself, his immediate supervisor or a representative body of employees (Article 194 of the Labor Code of the Russian Federation).

Removal of the penalty is issued by order. unified form this order no, so the organization develops it on its own. The order must specify:

Surname, name, patronymic of the employee;

The position of the employee and the structural unit;

Grounds for removing the disciplinary sanction;

The date the charge was withdrawn.

It is necessary to familiarize the employee with the order against signature.

Often employers use rebuke as a kind of educational measure in relation to the employee, and sometimes they also use it as a way for the employee to survive from the company. At the same time, employers often do not bother to prepare documentary grounds for reprimand announcements. Since claims to the performance of duties by an employee are far from always objective, the employee has legitimate indignation at the use of such methods and the desire to appeal.

The issuance of a reprimand implies the strict observance of a certain procedure.

An order to issue a reprimand cannot be signed in the absence of a written explanation of the violation committed. Announcement of a reprimand without obtaining written explanations from the employee has no legal force, except in cases where the employee refused to explain (the refusal of the employee must be recorded in the form of an act, in the presence of witnesses). The employee is given at least two working days to provide explanations. This means that on the fact of a misconduct committed, for example, today, a reprimand cannot be issued on the same day. At least two days must pass, during which the necessary documents will be prepared.
In addition to explanations from the employee, in order to sign the order to issue a reprimand, written evidence of a violation by the employee of certain internal documents companies (rules, job descriptions, orders), indicating the points of specific documents that the employee violated, printouts of various fixing devices, and others.
An important condition for issuing a reprimand is its duration. A reprimand order may be issued no later than one month from the discovery of the violation and no later than six months from the date it was committed. Often, managers like to collect “compromising evidence” on their subordinates in order to, if possible, bring them under dismissal for violations committed, for example, during the year. If the head "did not give way" to the facts of the misconduct (did not sign the order to announce a reprimand or remark), then dismiss the employee for non-compliance official duties as already having disciplinary sanctions, he has no grounds.
The Labor Code distinguishes three types of disciplinary sanctions: remark, reprimand, dismissal. When applying one or another type of disciplinary sanction, the gravity of the violation must be taken into account. That is, for being late for work by five minutes, the application of a reprimand or dismissal is hardly justified, if this did not entail any irreversible consequences for the company.
If the company has representative body employees, then when declaring a reprimand, his opinion must be taken into account.
Only one disciplinary action may be taken for a violation. That is, for the same violation, you cannot simultaneously announce a reprimand and dismiss.
After issuing an order to reprimand, the employee must be familiarized with it against signature and provide him with a copy of this order. That is, the employee must understand what he violated and for what exactly he was reprimanded. If the employee refuses to get acquainted with the order, then the refusal must be recorded in an act in the presence of witnesses.
The term of the reprimand is limited to one year. If during this period the employer does not have any claims against the employee, then the reprimand is automatically considered withdrawn. If the employee is given other reprimands, then the employee runs the risk of being fired for repeated failure to perform official duties. The legislation gives the employer the right to withdraw reprimands ahead of schedule, before the expiration of the year.

Thus, the announcement of a reprimand requires careful execution of documents and compliance with the deadlines for issuing an order, otherwise its announcement may be declared illegal. The question of the legitimacy of a reprimand involves the analysis of documents. In this regard, cases of seeking legal assistance are not uncommon and there is a high probability of appealing against the actions of the employer. If the reprimand was issued illegally, it can be appealed by contacting the labor inspectorate or our lawyers for further appeal in court.