In progress labor activity Each employee may experience difficulties related to the performance of his work. If a worker commits any misconduct, the manager can bring him to disciplinary liability. Such responsibility may include receiving a reprimand or reprimand. In some cases, the employee may be fired. In this article we will take a detailed look at the cases in which disciplinary sanctions are applied and what their validity period is.
There are a number of cases when an employee disciplinary action may be taken. This happens in cases where the worker does not perform his job duties efficiently.
Before starting work, the manager and the employer sign an employment contract. It clearly states all the duties that an employee must perform in the course of his work activities.
The employee must carefully read all the clauses of the employment contract being concluded and sign. In case of failure to perform or improper performance of their work duties , the citizen is held accountable, which is called disciplinary. Also, the employee is held accountable for other reasons.
Let's take a closer look at other cases that can lead to recovery:
If a situation occurs where an employee nevertheless violates labor legislation or discipline established in the organization, he may be subject to disciplinary action on completely legal grounds. 
According to labor legislation, in Russian Federation The following measures have been established:
Making a comment is considered the lightest disciplinary measure. The remark is made to the employee orally. It is usually applied for minor violations committed by the worker. A reprimand is a more serious measure that a manager can take against an employee. The reprimand is carried out in writing.
The most severe sanction is dismissal. It is carried out in case of serious violations of the work routine.
These measures are clearly regulated in the Labor Code. Management cannot take any other disciplinary measures against a citizen.
A manager can take other measures of influence only in certain situations. Such cases include the provisions and rules of the organization’s regulations. If the enterprise’s documentation contains clauses that indicate other measures of influence, then they can be applied.
When a worker has committed some kind of misconduct and the manager is going to impose disciplinary action on him, it is worth remembering that it is formalized correctly. Collection must be completed using the appropriate documents. Documents that need to be completed include:
This document is drawn up in order to record the fact that a disciplinary offense has been committed. The report can be drawn up in several cases, for example, if the employee is late for workplace if the employee does not show up for work.
This document is drawn up by the manager independently. It can also be drawn up in several cases, for example, if a worker violates the deadline for submitting reporting documents, if the worker has not fulfilled his duties.
This document is drawn up in cases where the boss has suffered damage.
After the violation committed by the employee is documented, it is necessary to request explanations from him regarding this situation. The best option is written explanations from the employee. It is also recommended that the supervisor set out in writing the requirements that apply to the employee's explanations. The manager must ask the employee in writing to provide an explanation.
The employee must provide a written note. The note must indicate the reasons for the violation. If an employee refuses to provide an explanation within two days after recording a disciplinary violation, then the fact of refusal must also be recorded in writing. In this case an act must be drawn up.
All documents completed on time can help the manager in the event of a dispute.
If the worker nevertheless provided explanations in writing, the boss must carefully study them, consider them and make a decision. If the explanatory note contains truly valid reasons, then the manager may not impose sanctions on the employee. In case of unjustifiable reasons for which the misconduct was committed, the manager will decide on the type of disciplinary action.
After the manager decides to bring a citizen to disciplinary liability, he must create an order. What type of influence will be applied depends on the severity of the offense and its consequences. In order to draw up an order and familiarize the employee with it, the employer is given three days, which are considered working days.
Let's take a closer look at what data an order should contain:
If a situation arises when a worker refuses to sign an order, the manager must record the refusal in writing. An act of refusal to sign the order is drawn up. The disciplinary measure must be entered into the employee’s personal file.. Every worker who has been held liable can appeal the decision. He should contact the labor inspectorate or labor dispute commission.
It is important to note that collection is possible only if one month has not passed since the discovery of the offense. If the employee was sick or on vacation at this time, this time is not taken into account. Only one disciplinary sanction may be imposed for each violation.
Disciplinary action does have a validity period. This period is twelve months after the order is made. If during this period the employee commits another violation, the period will be extended according to the last offense. If a measure in the form of dismissal was applied to the worker, then such a measure does not have a deadline. Dismissal cannot be canceled after any period has expired. A dismissal can only be canceled by a labor commission, which can reinstate the worker in the workplace. In this case, the citizen will be re-admitted to the organization and will not have penalties.
Also a disciplinary measure may be terminated before twelve months. But not earlier than six months after the order is issued.
Removing a penalty from an employee is absolutely legal. If within twelve months after the violation the employee committed no other violations, then the manager is obliged to remove the penalty from him. Removal of a penalty ahead of schedule can only be at the request of the boss, or at the request of the worker.
If within one year after the offense, the worker is transferred to another position, then the punishment should be lifted.
If the boss wishes to remove the penalty, he must draw up an order that will confirm these actions.
The employee must be familiarized with the order against personal signature. This order does not have a clearly established form, so it can be drawn up in any order.
While performing his job functions, every citizen must remember that if he does not do it properly, may result in prosecution. To prevent this unpleasant situation from happening, you must comply with the conditions specified in the employment document, the work schedule of the organization and work discipline.
You should not rely on chance, think that there will be no consequences for violations. Every employer is different, so don’t abuse your trust. If your manager forgave you the first time, this will be unlikely the second time. Compliance with all the rules is a guarantee that no one will fire you or reprimand you. And work will bring not only pleasure, but also well-deserved income.
If an employee is exposed, it is possible appeal the boss's decision, if the citizen considers it unreasonable. To do this, he should contact the relevant body that deals with appeals - the labor inspectorate.
The labor inspectorate will study all materials related to the misconduct and make the right, correct decision. If the employee actually had reasons that are considered valid, he may be exempt from disciplinary liability, according to Russian law.
In this video useful information about types of penalties and methods of registration in accordance with the norms of the Labor Code.
Penalties are required to increase the sense of responsibility for one’s actions. In addition, this allows you to maintain labor discipline. They are usually used as last resort against persistent violators. In the labor sphere, this is reflected in the amount of wages, which encourages the employee to improve the quality of work. A procedure for removing a disciplinary sanction early is often used. Its order is presented in the article.
The procedure for observing discipline by employees and measures of liability for violations is discussed in Section VIII of the Labor Code of the Russian Federation. Art. 192 states that the violator is called in 3 ways:
These are disciplinary measures. There are no other options. There is only a special responsibility that does not apply to all employees, but to some categories of employees. For example, if such disciplinary measures are applied to a military man, he will not be entitled to awards. The only incentive can be the removal of the penalty.
These measures can also be used for employees of commercial institutions in which the norms of the Labor Code of the Russian Federation apply. The manager has the right to deprive an employee of a bonus. For secondary punishment, dismissal is possible under clause 5 of Art. 81. Law of the Russian Federation.
In some companies, when creating bonus provisions, conditions are introduced according to which the bonus is issued only in the absence of collection. But this may also be included in the employment contract. The penalty is valid for a year, so no bonus is given to the violator.
Disciplinary action is imposed for:
Actions are taken for one or more of these reasons. The manager appoints a disciplinary commission, which, after examining the circumstances, chooses an appropriate penalty. The causal relationship of punishment is accepted in agreement with the team. But the manager can resolve the issue independently, taking into account the norms of the law.
Early removal of disciplinary sanctions against military personnel and workers is carried out according to uniform provisions. Employers need to take into account the rules of the law, otherwise if violations are discovered, they themselves will be held accountable. The removal procedure allows the employee to continue working in his position.
Disciplinary actions are not noted in work book. They are registered in the T-2 card, indicating the order number. When filing a recovery, you need to make sure that the norms of the Labor Code of the Russian Federation are met:
If the violator wants to appeal the measures, failure to comply with the above standards in some cases leads to a decision in his favor, since the employee’s guilt may be considered unproven. Therefore, the employer needs to impose a penalty only if there are really reasons for this.
According to Art. 193 of the Labor Code of the Russian Federation, an employee who does not agree with the decision can appeal it. In this case, he has the right to contact the following authorities:
A copy of the application with an acceptance mark remains with the employee. It is desirable that he provide convincing arguments in his favor, enshrined in the articles of the Labor Code of the Russian Federation. And the employer will have to justify the punishment. The investigation of the case is carried out for at least a month, during which the punishment is suspended. There are probably two ways to solve the problem:
If the court upholds the claim, the legal costs are paid by the organization. If a punishment for misconduct is imposed in the form of dismissal, the employee is reinstated in his position. The employer reimburses wages for the entire period of forced absence. Given the length of court hearings, the process can last several months.
In this procedure, everything must also be in accordance with the law. The removal of a disciplinary sanction ahead of schedule is carried out by the director. He may be forced to do this by a labor inspector or a labor dispute commission. According to Art. 193 of the Labor Code of the Russian Federation, a punished employee may disagree with the measure applied to him and appeal the decision of management to the State Labor Inspectorate or to the dispute commission.
The following decisions are made on complaints:
Upon satisfaction of the complaint, an order is issued to cancel the document on punishment. After this, this measure ceases to apply.
Art. 194 of the Labor Code of the Russian Federation states that the period of disciplinary action is 1 year. After this, the punishment ends automatically. But it is possible to remove the disciplinary sanction early. The Labor Code of the Russian Federation does not consider situations in which measures are lifted ahead of schedule, but Art. 191 there is a basis for reward - for conscientious work. The rationale can be applied to this procedure.
Removal of a disciplinary sanction ahead of schedule is possible if the offender exhibits the following positive dynamics:
In these cases, the period of disciplinary action may be short. If the employee begins to take a more responsible attitude towards his activities, then this measure will be canceled. A disciplinary sanction for committing a disciplinary offense is lifted according to the norms specified in Art. 194 Labor Code of the Russian Federation:
Collection is terminated based on 2 documents:
If the procedure was initiated by the director, then the registration includes stage 1 - you only need to issue an order. But if this question will be decided by the team, then you must first submit a petition for leniency to the punished employee to the director.
There are no uniform rules for the preparation of this document. It is compiled in free form. But a sample petition for early removal of a disciplinary sanction will help you write it correctly. The document consists of:
The first part includes the full name and position of the manager, as well as the full name. and the position of the applicant. Then you need to specify to whom the penalty was imposed and for what. Following this information, the need to remove the measure for specific reasons should be indicated. The application to lift the disciplinary sanction is signed ahead of schedule by the applicant. The head of the site, the chairman of the trade union committee, and a representative of the team have the right to sign and submit it.
If the boss makes a positive decision, an order is issued. This document does not have a mandatory form, so it must be drawn up in accordance with the company’s business practices. The order contains:
All persons specified in the document must familiarize themselves with the contents of the order. The procedure for removing the penalty is completed after it is signed and endorsed with the filed petition. Documents are placed in a folder according to nomenclature. Then the personnel officer writes down the details of the order in the T-2 card, after which the penalty will be completely lifted.
Any disciplinary sanction that was imposed on an employee for an offense committed by him has a certain validity period. Withdrawal can be carried out automatically without additional steps on the part of the employer and employee, or in an early format.
In Art. 192 Labor Code it is said that if an employee commits an offense related to the performance of labor duties, the employer may impose disciplinary sanctions on him. Depending on the severity of the violation and the consequences, the employee may face a reprimand, reprimand or dismissal (the choice of one of these forms of penalties is made by the employer). For certain categories of employees, other forms of punishment may be established (for example, a severe reprimand, suspension from work or demotion).
Punishment for misconduct may be accompanied by a reduction in the employee's earnings. For example, he may be canceled for the period of his validity. The employer must have an understanding not only of how to impose a disciplinary sanction, but also how to remove it.
The lifting of a disciplinary penalty means that legally the employee currently has no penalties, and this limits the employer from applying such a measure to the employee as. This is due to the fact that in case of minor violations of labor discipline, an employee can be dismissed only if there is an outstanding disciplinary sanction during the period of the repeated offense.
The specified period begins to count not from the day the offense was committed, but from the date of application of one of the forms of punishment to the employee. At the same time, in order to remove the penalty, the condition must be met that the employee will not be subject to the penalty again during the specified period.
Removal of a disciplinary sanction in an automatic format does not imply any additional actions on the part of the employer in the form of issuing an order or making a note in a personal file.
The Labor Code takes precedence over other special laws and local regulatory legal acts.
The employer does not have the right to independently establish a longer period of validity of the penalty (even if he specifies such conditions in the collective agreement, they will be declared invalid). But individual laws may establish shorter time frames that improve the situation of employees.
For example, for employees of the Ministry of Internal Affairs, a reprimand is valid for a month, a severe reprimand is valid for a year. For military personnel, such a form of punishment as a severe reprimand entered into a personal file has also been established, and it is valid for a year.
Article 194 of the Labor Code lists four grounds for early removal of a disciplinary sanction (before the end of the year):
In this case, the early removal of a reprimand, reprimand, or failure to remove the chosen penalty remains at the discretion of the manager.
That is, he may refuse to cancel them early based on the results of consideration of the petition, and then the employee will have to apply for the protection of his interests to the labor dispute commission based on the trade union. Or, if the employee considers a penalty to be imposed on him, then he can go to court.
The procedure for early withdrawal of foreclosure involves going through the following stages:
Once lifted, the legal consequence of this will be that the employee will no longer be considered subject to penalties, and subsequent references by the employer to penalties that have already been lifted will have no justification.
As already noted, a disciplinary sanction can be lifted early if the employee comes up with the appropriate initiative. For example, an employee realized his guilt and no longer committed misconduct, but he still faces disciplinary action and does not allow him to receive regular bonuses. Thus, the internal regulations on bonuses may provide for the mandatory absence of penalties for the employee in order for him to receive regular bonuses.
Not only the employee, but also his immediate supervisor or the work collective represented by the trade union can apply to management.
There are no special requirements for the execution of this type of application. The document can be drawn up in free form, taking into account general rules document flow operating in the organization.
The following information must be included in the petition for the removal of disciplinary sanctions:
You can substantiate your application, in particular, by conscientious performance of your duties, fulfillment of set targets, lack of labor discipline, etc.
There are no deadlines for filing a petition with an employer in the law. It can be filed even the next day after the penalty is imposed, but no later than 1 year.
An order for early removal of a disciplinary sanction can be issued in any form. It can be filled out on the organization’s letterhead or must contain all the employer’s details.
The employer should specify the following aspects in it:
The order is signed by the head of the company or a person authorized to sign such a document.
A disciplinary sanction imposed on an employee can be challenged. So, according to Part 7 of Art. 193 of the Labor Code, if an order for recovery is illegally issued, the employee may appeal to the labor dispute commission. Also, an employee can always contact the prosecutor’s office to protect his rights.
The basis for an appeal may be the employer’s failure to comply with the procedure for imposing a penalty, the absence of the employee’s fault in what happened, or the discrepancy of the penalty in terms of the degree of responsibility and the degree of guilt of the employee.
Among the violations during the imposition of a penalty that can be easily challenged are the following:
By default, the deadline for appealing a penalty is 3 months from the date of its imposition. But if the form of punishment is dismissal, then the deadline for declaring it illegal is shorter and amounts to 1 month.
The procedure for appealing a disciplinary sanction order depends on the authority to which the employee appealed. If this is a labor dispute commission, then after an employee submits a written petition to it, within 10 days it must consider it and issue an official verdict.
When an employee contacts the state labor inspectorate, inspectors issue an order to the employer to cancel the order if they find obvious signs of violation of labor laws.
The imposed disciplinary sanction may also be appealed in court.
Disputes regarding the lifting of disciplinary sanctions are within the jurisdiction of courts of general jurisdiction and are considered in civil proceedings. According to the provisions of the Code of Civil Procedure of the Russian Federation, an employee files labor disputes at his place of residence on the basis of Part 6.3 of Art. 29 Code of Civil Procedure or the place of fulfillment of his obligations under employment contract according to Art. 28 Code of Civil Procedure. Jurisdiction of cases can be specified in the employment contract.
Based on paragraphs. 1 clause 1 art. 333.36 of the Tax Code, an employee is not required to pay a state fee for considering labor issues in court.
If the court decides to recognize the disciplinary sanction order as illegal, the employer must cancel it and issue an order canceling the order. Also, based on the results, the employee may be reinstated at work and the employer may oblige the employee for losses associated with illegal removal from work, as well as pay him wages for the entire period and compensation for delays in payment.
When filing claims, the statute of limitations must be taken into account., but they are applied only at the request of one of the parties. For example, if an employee was illegally fired, he can appeal this within a month. But he has the right to file a claim to appeal the dismissal later: it will be considered on its merits, unless the employer submits a motion to miss the deadline. In some cases, missed deadlines can be restored if they were missed by good reason(for example, due to the employee’s illness or being on a business trip).
Thus, the Labor Code in Art. 194 establishes two ways to remove a disciplinary sanction: automatic upon expiration and early. In the first case, the penalty is lifted after 1 year has passed from the moment it was imposed. But the employer, on his own initiative, can remove it ahead of schedule, or an employee, trade union or department head can approach him with such an initiative. Early repayment of a penalty can be considered as a form of incentive for the employee, and the decision on it is made at the discretion of the employer. An order issued by the employer to impose a disciplinary sanction can be appealed with the help of the prosecutor's office, the state labor inspectorate or specialized commissions for labor disputes at the enterprise. A judicial procedure for resolving controversial issues is also allowed. The time limit for appeal is generally 3 months, but illegal dismissal– 1 month.
(No ratings yet)
After what period of time can a disciplinary sanction in the form of a reprimand be lifted?
Answer to the question:
In accordance with Art. 192 of the Labor Code of the Russian Federation, a reprimand is one of the types of disciplinary sanctions that an employer can apply to an employee if the latter commits a disciplinary offense.
At the same time, Art. 194 of the Labor Code of the Russian Federation establishes that “ If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction. The employer has the right to remove it before the expiration of a year from the date of application of the disciplinary sanction. 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».
Thus, the employer can remove the reprimand from the employee at any time within 1 year from the date of its issuance (issuance of the corresponding order). But removing a reprimand too quickly may raise doubts about the validity of bringing the employee to disciplinary liability. Also, for early removal of a reprimand there must be proper reasons (a change in the employee’s attitude towards work, discipline).
Details in the materials of the Personnel System:
1.Situation:What is the procedure for repaying a disciplinary sanction?
Labor legislation provides for the repayment of disciplinary penalties. That is, from the moment of repayment, they consider that the employee has no misconduct or punishment. This is possible if, within a year after being held accountable, the employer does not bring the employee to disciplinary action again. This is stated in Part 1 of Article 194 of the Labor Code of the Russian Federation.
However, a disciplinary sanction can be lifted from an employee earlier. For example, at the initiative of the employer, at the request of the employee himself, at the request of his immediate supervisor or a representative body of the labor collective. This is stated in Part 2 of Article 194 of the Labor Code of the Russian Federation.
A request to remove a disciplinary sanction may be:
in the application - if the employee himself requests;
memo – if the request comes from the immediate supervisor;
petition of a trade union or other representative body.
If the head of the organization agrees to remove the penalty from the employee ahead of schedule, he puts a positive resolution on the received document.
After this, it is necessary to issue an order to remove the disciplinary sanction. The law does not provide for a standard form of an order, so it can be drawn up in any form.
If an employee has several penalties, then in general, you can remove one of them, or several at once.
An example of removing a disciplinary sanction
To the cashier A.V. Dezhnev was given a disciplinary sanction in the form of a reprimand. The reason is failure to comply with the orders of your immediate supervisor. However, later Dezhneva showed herself positively, and they decided to lift the penalty ahead of schedule.
Chief accountant A.S. Glebova issued a memo addressed to the head of the organization A.V. Lvov with a request to remove the disciplinary sanction against Dezhneva. Lvov agreed to the early lifting of the disciplinary sanction, after which the person responsible for maintaining personnel records, E.E. Gromova prepared the order.
2.Situation: Is it possible to cancel a disciplinary sanction in a situation where, after its application, it became clear that the employee was not guilty of misconduct?
This is not only possible, but absolutely must be done.
To do this, issue an order to cancel the disciplinary sanction, and not to remove the penalty. Such an order can be drawn up in any form (Article 193 of the Labor Code of the Russian Federation). It must be issued on the current date when the employer discovered or admitted the error of his decision.
In this case, the employee has the right to appeal earlier decision made employer and demand moral compensation through the court for the fact of unlawful prosecution. The legality of this position is confirmed by the courts. See, for example, the appeal ruling of the Moscow City Court dated November 8, 2012 No. 11-6825.
Ivan Shklovets, deputy head Federal service on labor and employment
With respect and wishes for comfortable work, Tatyana Kozlova,
HR System expert
) can negatively affect an employee’s career, because repeated punishment may result in dismissal, and reward can only be in the form of a lifting of penalties.
The penalty can be paid off early, you just need to know the procedure!
Dear readers! Each case is individual, so check with our lawyers for more information.Calls are free.
Discipline at the enterprise is regulated by Section VIII of the Labor Code. Thus, according to its 192nd article, as a punishment for violation of discipline, the organization may apply penalties in the form of, or dismissal. Moreover, dismissal is the most severe type of punishment, and it is imposed only in the case of a gross violation of discipline or for a relapse (repeated violation).
If the misconduct does not entail serious consequences, then the director can take into account the guilt and personal characteristics of the employee when choosing the type of punishment.
Then the culprit can get off with a reprimand or a reprimand. But if he breaks 
In some cases of application of special disciplinary punishment, for example, in relation to, a condition is provided that he should expect reward only in the form of lifting the penalty (Presidential Decree No. 1495, 35th paragraph of the general military regulations). The Labor Code does not provide for such conditions.
According to the rule of Article 193 of the Labor Code, an employee brought to disciplinary liability has the right to appeal:
GIT departments are usually located in local administrations.
Based on the results of the review, a decision is made:
The Labor Dispute Commission is a specially created body in the company, consisting of an equal number of representatives of the administration and the work team. The commission also has the right to consider disputes and make decisions.
During the work of the State Tax Inspectorate or the dispute commission, the collection action is suspended (at least a month).
According to the rules of office work, penalties imposed are not recorded in the work book, but in the T-2 card they are indicated, indicating the details of the discipline order. So, the personnel officer controls the attitude towards discipline of each employee.
But the article also contains a condition regarding early repayment of the foreclosure:
The Labor Code does not explain in any way why an employee can be released early from a previously imposed punishment. However, its 191st article specifies the basis on which the director has the right to reward an employee - for conscientious work at the enterprise. By analogy, this basis can be applied for early removal of foreclosure.
What is conscientiousness expressed in? The director's decision may be influenced by the following facts (in relation to the person being punished):
If the initiative for early amnesty of the culprit comes from the director, or from the employee himself (with the director’s consent), then the registration procedure will consist of only one step - issuing an order.
When his immediate superior, trade union committee or the entire team decides to intervene in the fate of an employee, you must first convey to the director a request for early cancellation of the penalty.
A petition, presentation or memo something like this:
Plumber OGM Morozov A.I. a reprimand was given for being two hours late for work.
IN present moment Morozov proves himself to be a disciplined and responsible employee. As a result of his professionalism, defrosting of the heating system was prevented, resulting in no financial losses to the company. In this regard, I ask that the penalty imposed on A.I. Morozov be lifted ahead of schedule. by order No. 13-d dated May 1, 2016.
The petition has the right to sign:
Based on the results of consideration of the petition, an order is issued.
