Order to impose a disciplinary penalty: sample 2017-2018 year application in the form of remarks, reprimands or dismissals

CONTENTS

Disciplinary punishment: what is it in simple words and in the language of

? Disciplinary punishment is the elementary responsibility of an employee for committing a disciplinary act.

A disciplinary offense is guilty, unlawful failure to perform or improper performance of the employee's assigned work duties, this is a violation of the rules of internal labor regulations, job descriptions, regulations, executive orders, technical regulations and so on.

Failure to perform or improper performance of duties for reasons beyond the control of the employee can not be considered guilty, for example absence of incapacity for work or lack of necessary materials and means.

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Disciplinary penalty, what happens and how it is imposed?

List of disciplinary sanctions

Article 192 of the Labor Code gives an exhaustive list of disciplinary sanctions:

comment;
reprimand;
dismissal on the relevant grounds.

For certain categories of employees, other disciplinary sanctions may be provided, which are stipulated by separate regulations within the organization, institution or enterprise.

How do I impose a disciplinary penalty?

In accordance with Article 193 of the Labor Code of the Russian Federation, before employing a disciplinary sanction, the employer must request a written explanation from the employee. An employee's explanatory note usually includes a memorandum by the head of the structural unit.

These documents, together with the act, serve as the basis for deciding on disciplinary action.

If after two working days the employee is not provided with an explanation, an appropriate act is also drawn up. An employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

The imposition of a disciplinary penalty must take into account the severity of the committed misdemeanor and the circumstances under which it was committed.

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

In addition, when imposing a disciplinary penalty, it is necessary to take into account that the terms of its application are legislatively limited.

Disciplinary punishment is applied not later than one month from the day of detection of the offense, not counting the time of illness of the employee, his stay on vacation.

Disciplinary punishment can not be applied later than six months from the day of the commission of the misconduct, but on the basis of audit, audit of financial and economic activities or audit - two years after the date of its commission. The specified time does not include the production time for the criminal case.

The imposition of a disciplinary penalty is formalized by the order( instruction) of the employer.

This order must contain the following requisites:

fact of the violation of labor discipline,
the time it was committed or detected,
documents that served as the basis for issuing the order,
type of collection.

The draft order is being sent by the immediate head of the employee who committed the disciplinary offense, the head of the structural unit, the head of the personnel service.

Normally, an order for imposing a disciplinary sanction is issued in one copy.

In practice, it is advisable to take several copies of the signed order after acquaintance with the employee: the first copy - the original - is attached to the outfit( orders for the personnel), the second copy to the personal file, the third - to the employee.

The employer's order for disciplinary action shall be declared to the employee against receipt within three working days from the date of its publication, not counting the absence of the employee at work. If the employee refuses to familiarize himself with the said order against the signature, a corresponding act is drawn up.

According to the Decree of the Government of the Russian Federation of April 16, 2003, No. 225 "On labor books"( in the redaction of Resolution of the Government of the Russian Federation of 06.02.2004 No. 51) no information on penalties in the workbook is made, except in cases when a disciplinary sanctionis dismissal.

Disciplinary punishment may be appealed by the employee to the state labor inspectorate and( or) bodies for the examination of individual labor disputes.

How to take disciplinary action?

Separate consideration deserves the issue of the removal of disciplinary punishment.

In accordance with Article 194 of the Labor Code of the Russian Federation, if within a year from the date of application of the disciplinary penalty an employee is not subjected to a new disciplinary penalty, then he is considered not to have a disciplinary penalty. That is, after a year the penalty is automatically withdrawn without issuing any special order.

In this case, if an employee who already has a penalty is imposed a new penalty before the removal of the first, both penalties are taken into account.

The employer, before the expiration of a year from the date of application of the disciplinary penalty, has the right to remove him from the employee on his own initiative, the request of the employee himself, the petition of his immediate supervisor or representative body of employees. The application is made in writing to the head of the organization.

Theoretically, the penalty can be withdrawn at any time during the year s for its imposition, but in practice it is advisable to withdraw the penalty not earlier than six months.

Early termination of the disciplinary sanction is issued an order signed by the head of the organization.

The order for early withdrawal of the disciplinary penalty must contain the following requisites:

the cause of the disciplinary action,
number and date of the enforcement order,
of the grounds for forfeiture.

An employee from whom a disciplinary penalty has been early withdrawn is considered not to be recovered.

Usually the order for disciplinary sanction is issued in one copy. In practice, it is also advisable to take several copies of the signed order after acquaintance with the employee:

the first copy - the original - is sewn into the outfit( orders for the personnel),
the second copy - in a personal file, the third - for the employee.

The employer's order to withdraw the disciplinary sanction is announced to the employee against the signature.

Form of order for disciplinary sanction

There is no strictly prescribed form of a disciplinary sanction order. There are no special requirements to its scope, content and structure. Each firm establishes the form of such document independently and uses it in all cases of registration of disciplinary sanctions without dependence from a version of misconduct of the worker or a kind of collecting.

Important! The employer has the right to announce, to the employee, who has not performed his duties or performed improperly, a remark, reprimand or dismiss( Article 192 of the LC RF).

If you independently develop the form for a sample order on disciplinary action, you can take any unified form of the relevant document. If you adhere to the general structure of building such documents, it is less likely to miss important details in an independently developed form.

A sample of the disciplinary sanction order can be found here on the site, where a form is placed that is suitable for almost all cases.

When does the employer's order announce the collection of employees?

The prosecutor will be punished if he can not justify his absence at the workplace( sub-item "a" clause 6, Article 81 of the LC RF).

Important! According to Art.81 TC RF truancy is the absence of an employee in the workplace without a reason throughout the whole working day( including more than 4 consecutive hours).

In the disciplinary order for absenteeism, it will be necessary to reflect all the essential aspects: briefly describe the fact of the violation, indicate the reference to the supporting documents( acts, memos, explanations), indicate the date of absenteeism, and the organizational or material consequences of the misconduct( deprivation, reprimand andother).

To punish an absentee worker's shift( or part of it) of an employee, one order for disciplinary action is not enough. It will also be necessary to take into account the provisions of Art.193 of the LC RF.

Important! To receive written explanations from a truant, 2 days are given, after which, if the employer did not wait for explanations, an appropriate act is drawn up( Article 193 of the LC RF).

An explanation by the infringer of motives of the offense allows objectively to estimate the actual circumstances which have caused disciplinary responsibility.

In addition, before the adoption of the disciplinary order, the employer must scrupulously and seriously approach the execution of the misconduct. It will be necessary to fix the moment of absence of the worker in the place of performance of his labor function and to find out all the circumstances of this violation. This is possible by issuing a separate document prepared by a commission specially created by the employer.

If the order of the employer to apply a disciplinary sanction is declared without observing the specified procedures, disciplinary punishment may be contested in court or develop into an endless judicial war between the employee and the employer.

In order for an employer to punish an employee for a labor offense, it is necessary to take care in advance that, with all the duties that the employer expects of the employee, he is timely acquainted with the signature. Otherwise, the employee will easily challenge the legality of the disciplinary order( for example, see the appellate ruling of the Supreme Court of the Republic of Buryatia of 24.06.2015 in case No. 33-2159 / 2015).

That is, it is necessary to observe all the formalities before issuing an order for disciplinary action. A sample document you can download on our website.

Sample of the disciplinary sanction order for 2017-2018: where to download?

Here on the site you can download:

Sample-form of the disciplinary order.
Sample of the order on imposition of disciplinary punishment( option 2).
Form-sample of the order to disciplinary punishment.

Remember that the employer has the right to punish the negligent employee for labor offense. It is important to comprehensively understand its circumstances and correctly draw up all documents so that the consequences of disciplinary punishment are not the subject of legal proceedings.

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