Types of disciplinary action (remark, reprimand, dismissal on the appropriate grounds) and the procedure for their application. Article 192 of the LC RF. Disciplinary action
Every person who officially works in a company signs an employment contract with an employer. Based on this document, different types of disciplinary sanctions may be applied to an employee in the presence of various violations, for which the basic provisions of the Labor Code are taken into account. They are represented by certain penalties, and if a lot of violations are fixed by an employee of an enterprise, then this can be the basis for his dismissal in an official manner under compulsion.
What is a disciplinary offense?
If a disciplinary offense is detected by an employee, then various penalties are applied to him. This misconduct is a failure to fulfill its obligations at the workplace. For example, the rights of other workers may be violated, management instructions are not executed, or the requirements of local regulations are violated.
All actions that are disciplinary offenses are listed in the Resolution of the Plenum of the Supreme Court №2. Certainly such actions are accompanied by signs:
- labor discipline is violated, so if a citizen simply does not want to take part in the public life of a company, then this cannot be the basis for using different types of disciplinary sanctions;
- when violations are revealed, there must be evidence of the fault of a particular specialist, so if he didn’t come to work due to natural disasters, fire or getting into an accident, then this is a good reason, therefore, it cannot be regarded as absenteeism.
Penalty enforcement is allowed only if there is evidence of employee guilt. If he is able to prove that he is not guilty of certain actions, then under Art. 192 of the Labor Code of the Russian Federation, disciplinary penalties cannot be used.
Features of punishment
These penalties may be general or special. The first are listed in Art. 192 TC, so they can be applied to any employee of the enterprise. Specials are used only for certain categories of employees. They are usually established by different laws or prescribed in the company charter.
The most commonly used general types of disciplinary actions are prescribed in the TC. They can be used for any employee who violates labor discipline or does not fulfill the requirements of the company management. It does not matter what position he occupies and what duties he performs.
It is forbidden to use different types of punishment that are not listed in the TC, for example, it is not allowed to impose a disciplinary penalty in the form of a fine.
Only a direct manager of a company or a responsible person who has the appropriate authority transferred in an official manner can use different penalties. The same person is chosen, which measure will be used. This takes into account the severity of the offense, as well as the circumstances of this process, as often mitigating nuances are identified.
Often workers after applying to them various penalties, turn to the court for help. After consideration of all the circumstances of the case, the court may recognize that the dismissal or other punishment is an unlawful act on the part of the employer, therefore all the requirements of the employee are satisfied.
If within a year after a penalty has been applied to a citizen, there are no complaints about his work and behavior, then it is automatically recognized that he has no penalties. Additionally, before the expiration of the term in a year, you can return the status of a respectable specialist to an employee by sending a special written application to the employer. It indicates the request for the removal of the penalty.
When are they applied?
Penalties may be used by the employer only for good reasons. All of them are listed in Art. 192 TC. Therefore, different types of disciplinary actions under the Labor Code of the Russian Federation can be applied in the following situations:
- failure to fulfill their main job duties under an employment contract;
- unfair performance of functions in the workplace;
- performing various actions that are not permitted by the company’s regulations;
- violates the basic provisions of job descriptions;
- labor discipline is not respected, for example, regular delays or unreasonable absence from the workplace are identified.
Based on the above violations, the employer can certainly use various methods of punishment. Therefore, employees themselves should ensure that they are responsible in their duties.
This method of punishing negligent workers is considered the most common. A disciplinary sanction is imposed in the form of a comment for minor misdemeanors. For example, if you do not cause serious damage to the property of the company or discipline norms are violated. At the same time there should not be any negative consequences of such employee misconduct for the enterprise.
A remark is usually applied if, for the first time, duties are not properly performed by a specialist. To apply a disciplinary sanction in the form of a remark, even when a citizen is hired, it is required to familiarize him with job descriptions.
How is the remark made?
The process of using such a punishment involves the implementation of actions by the management:
- The employer must initially require written explanations from the employee;
- An explanatory note is prepared within two business days after receipt of the request;
- An explanatory specialist may indicate that there is evidence that his fault is missing or there were certain unforeseen circumstances due to which they violated the requirements of the firm’s management;
- the employer independently decides whether the existing reasons are valid, as such circumstances are not fixed in the TC;
- most often no punishment is applied if the employee was ill or did not have the necessary materials to fulfill his official duties;
- if the reason is recognized as valid, the employer does not apply the punishment to the employee in the form of a remark;
- if there are no compelling reasons for violating the requirements of the company, the order is issued by the head, on the basis of which the employee is issued a remark;
- a specialist signs on this order, and if he refuses to put his signature, an act is drawn up by the management.
The term for imposing a disciplinary punishment is standardly one year.It is allowed to withdraw it ahead of time, and this process is carried out at the initiative of the employer or on the basis of a petition drawn up by an employee, the head of the department where he works, or a union representative.
This method of punishment is considered to be quite specific, and in the legislation there is no information about for which offenses it can be used. Typically, a disciplinary sanction is applied if serious misconduct is found that leads to certain negative consequences for the company. Additionally, it is used for regular minor violations.
The most common reprimand applies in the following situations:
- violation of the main provisions of the TC;
- regular absenteeism;
- violation of the charter or other internal regulatory documents of the enterprise;
- non-fulfillment of their official duties, with which the employee of the company was acquainted in advance under the signature.
This type of disciplinary sanction can be applied if a citizen refuses to undergo a medical examination or refresher course. If it is revealed that a person deliberately or unknowingly performed the actions that led to the fact that the company suffered losses, then it is usually reprimanded as well.This penalty is imposed only after the publication of the official order by the head of the enterprise. Such a punishment can be used for different periods of time, but is usually applied for 6 months.
Most often, reprimand is used after making a comment. It is not allowed to apply several types of disciplinary actions under the Labor Code of the Russian Federation at once. A strict reprimand can be imposed only if the employer has written evidence of the particular employee’s guilt.
How is the reprimand issued?
The process of accountability must be implemented in successive actions. Initially, the immediate supervisor of the specialist must hand over the management note of the company or a special report. This document contains information:
- the date when the event occurred;
- circumstances under which the violation was committed by the employee of the company;
- the names of all persons who are related to this misconduct.
It gives the opportunity to the violator to transfer written explanations to the employer. If this type of disciplinary sanction is applied for absenteeism or other violations, then necessarily the relevant information is entered into the personal file of the enterprise employee.Such a punishment can be a reason to deprive an employee of a bonus or other monetary incentives. If no violations are detected during the year, the penalty is removed automatically. It is allowed to reprimand prematurely with the loyal attitude of the employer to the employee.
This method of punishment is considered the most severe. It is caused only by the presence of a really serious misconduct on the part of the employee of the enterprise. The use of such a punishment is the right of the head of the company, therefore, in the presence of extenuating circumstances, he may not resort to dismissal.
Disciplinary action in the form of dismissal is used in situations:
- there are several cases of violation of labor regulations in the enterprise, for example, regular delays or ignoring job descriptions;
- gross misconduct, for example, appearing at work while intoxicated, disclosing important information about the company, theft or damage to the property of the enterprise.
Such violations are indeed significant. The employee’s fault must be confirmed by official documents in order to assert that it was he who carried out the disciplinary offense.Types of disciplinary sanctions can be applied only separately, and before dismissal, it is always required to fix other minor violations, as well as to reprimand or reprimand.
How is dismissal made?
There must be valid reasons for applying this punishment. Additionally, you need to properly arrange it.
The act of theft is necessarily formed, and an explanatory statement from the offender himself is required. It is possible to draw up an explanatory statement only for two days.
The penalty represented by the dismissal must be made in the form of an order. A copy of this document is provided to the employee for review. On the basis of this order, an order is issued to dismiss an employee. The citizen receives a salary and compensation for the leave, and the employment record includes information that the employee was fired after committing a disciplinary offense.
It will not be possible to dismiss a person if he is on vacation or on sick leave.
Rules of registration
Different penalties can be applied to workers who commit different offenses and violations.The use of different types of disciplinary sanctions in the Russian Federation is considered common, but at the same time certain rules of this process must be observed.
A specific violation must be recorded, for which various documents may be generated:
- a statement indicating that a company employee was absent from the workplace during working hours;
- a memorandum containing information that the work was not completed on time;
- the decision of the commission that studies the nuances of the detected deficiency.
After identifying the violation is determined by the employee who is the perpetrator. Evidence is prepared, and then explanatory is requested. If this document is absent within two days, then the corresponding act is formed.
If the employee has good reasons for violations, this may act as a mitigating circumstance, therefore, a lighter punishment can be applied. If there is no reason for violation, then an order is made to bring him to disciplinary action, submitted by dismissal.
How long is the penalty applied?
The standard decision is made to hold the employee liable within a month after a particular event or violation is discovered. If more than 6 months have passed, it is not allowed to punish an employee of the enterprise. The period during which the employee did not go to work for valid reasons was not included in this period.
Often, various violations are detected after conducting various checks or revisions. Under such conditions, the period during which it is possible to bring the company's specialists to justice is extended to two years.
Thus, each employer must understand the types of disciplinary actions and the procedure for their application in order to be effectively used to bring negligent employees to responsibility.
In the Russian Federation, three types of punishment are used, represented by a remark, a reprimand or dismissal. They are applied depending on the severity of the offense and the frequency of violations. Each such punishment must be properly drawn up, and they also have a limited duration.
It is allowed to lift the penalty in advance if there is an application from the employee or his immediate supervisor.The employer must evaluate all mitigating and aggravating circumstances before making a decision. The use of penalties is his right, not a duty, so he can independently decide how an employee will be punished for various violations.