The legislative framework
The norms of the Labor Code of the Russian Federation establish the possibility of applying a number of punishments to an employee for failure to perform labor functions at the proper level. Responsibility is established as:
- comments;
- reprimand;
- dismissals for certain reasons.
An employer, when imposing a penalty for committing an offense, must take into account both the gravity of the offense and the circumstances under which the event occurred. The regulation of labor regulations at the enterprise includes the following documents:
- labor agreement with the employee;
- job description;
- technical regulations;
- rules governing the internal labor regulations of the company.
The listed documents contain basic positions that help, if necessary, establish the fact and hold the employee accountable. The more detailed and competent the paperwork is, the easier it is to follow the procedures associated with the foreclosure procedure.
What to do before issuing a reprimand order
The procedure is simple and described in detail in the code:
- record a violation;
- demand an explanation;
- study the employee’s history (were there any comments or warnings and what was the result);
- issue a reprimand order.
The employer himself decides whether to hold the employee accountable or not, because this is his right, in accordance with Art. 22 Labor Code of the Russian Federation. No such responsibility is assigned to him. Sometimes it's fair to step up to the plate. How, for example, to punish a latecomer if the whole city is stuck in a traffic jam due to a big accident. But if the employer is too loyal to the attacks of employees, he will create chaos, and it will be difficult to streamline the work atmosphere. Therefore, it is better to adequately and timely respond to violations and bring those responsible to justice.
Sample order to impose a disciplinary sanction
In connection with the violation by the storekeeper Kirillov K.K. paragraphs 3.1 and 3.3 of job description No. 4, approved by order of the General Director of Time LLC dated 08/11/17 No. 32, which resulted in failure to fulfill the instructions of the immediate manager to receive, sort and place products in the warehouse 5
I ORDER: 1. Apply a disciplinary sanction in the form of a reprimand to Kirillov Kirillov.2. Head of the HR Department Sidorov S.S. introduce Kirillov K.K. against signature with this order.
Reasons:— memorandum from the head of the finished products workshop Ivanov I.I. dated 07.07.2018; - act on non-fulfillment of labor duties without good reason dated 07.07.2018 No. 2; - request for explanations dated 07.07.2018 No. 1; - act on the absence of written explanations dated 07.10.2018 No. 3.
General Director Petrov P.P.
Storekeeper Kirillov K.K. Head of HR Department Sidorov S.S.
Two copies of the normative act are drawn up if there are two or more eyewitnesses. The document submission form is approved in accordance with the organization’s labor regulations.
The explanation must be submitted in writing. They usually give you 2 days to write it. If an employee refuses to write an explanation, this fact is recorded in the order.
There is no specific sample of this order (only the dismissal order is approved in a clear form). But in the act, the founder is obliged to indicate the essence of the offense, its type, date and moment of commission, and also list the documents regulating the punishment of the employee. The order must be signed by the director of the enterprise, the personnel officer and the employee’s production manager.
This normative act is not displayed in the work book.
The employee is given three days to familiarize himself with the order and sign it.
If the employee has not committed any misconduct during the year, the penalty is eliminated. If the management of the organization decides to remove the punishment from the employee early, a corresponding act is drawn up. The reasons for canceling the punishment should be reflected here.
If the employee has not committed any misconduct during the year, the penalty is eliminated.
https://youtu.be/AOOn5sw9pM4
The time for imposing penalties is limited to 1 month. If a violation was discovered during audits, the penalty period increases to 2 years.
Enter the site
RSS Print
Category : Office work Replies : 13
You can add a topic to your favorites list and subscribe to email notifications.
« First ← Prev.1 Next → Last (2) »
| Lanochka |
| Good morning!!!!! Tell me how to write the order correctly. The employee was late for work and the director demanded an explanatory note, in which he then wrote “Reprimand.” Thank you in advance!!! |
| I want to draw the moderator's attention to this message because: Notification is being sent... |
| Ciardi [email hidden] Belarus Wrote 23477 messages Write a private message Reputation: 3447 | #2[267497] March 14, 2011, 9:58 |
000 wrote:
Limited Liability Company "Fur and Silk" ORDER 08/06/2007 No. 33-l Minsk On reprimanding O.D. Sukhov. In connection with the commission of a disciplinary offense - absence from work on August 6, 2007 from 8.00 to 12.00, i.e. more than 3 hours without good reason, ANNOUNCE: Oleg Danilovich SUKHOV, turner of parts processing area No. 4, reprimanded. Reason: 1. Memo from the foreman of the parts processing area No. 4 Kuzina M.V. dated 08/06/2007. 2. Certificate of refusal to give an explanation for the fact of absence from work dated 08/06/2007 No. 16. Director of the company Signature V.M. Laptev Visas I have read the order Signature O.D. Sukhov 08/07/2007 of course, draw up for yourself.
I want to draw the moderator's attention to this message because:Sahhara wrote:
1. REMEDIATE: full name, position, for absenteeism without good reason, committed on January 30, 2008. Reason: 1. Office note 2. Certificate of absence from work 3. Explanatory note 2. REDUCE: full name, position, labor leave by 1 calendar day for absenteeism without good reason (Article 181 of the Labor Code of the Republic of Belarus). 3. WARN: full name, position, that if there are repeated cases of absence from work without good reason, he will be dismissed under clause 5 of Art. 42 of the Labor Code of the Republic of Belarus.
Notification is being sent...
| Scorpion_grass [email hidden] Minsk is my life’s residence! Wrote 19779 messages Write a private message Reputation: 4005 | #3[267542] March 14, 2011, 12:37 |
Act on the employee’s refusal to familiarize himself with the order (instruction) on the imposition of a disciplinary sanction _________________________________ OKUD code 0226030001 Name of the organization ACT ___________ N __________ Place of preparation On the refusal to familiarize himself with the order (instruction) on the imposition of a disciplinary sanction Compiled _________________________________________________________________ name of the position, name of the structural unit, ____________________________________ ( divisions, initials, surname 2. ________________________________________________________ Name of the post, name of the structural ______________________________________________________________________________________________________________________________________________________________ Position name, name of the structural unit, _________________________________________________________________________ Surname and initials employee refused to familiarize himself with the order (instruction) dated _________________________________ N ____________________________________ date index “__________________________________________________________________________” title of the order (instruction) ___________________________________________________________________________ motive for refusal Signatures Explanation of signatures Report on violation of labor discipline _________________________________ OKUD code 0226230002 Name Name of position, structural unit name and initials of the manager organization REPORTING NOTE Resolution _________ N __________ Place of drawing up On violation of labor discipline ___________________________________________________________________________ surname, name, patronymic of the employee ___________________________________________________________________________ name of position (profession), qualification rank (class, category) ___________________________________________________________________________ name of the structural unit ___________________________________________________________________________ date of violation ___________________________________________________________________________ type of violation ___________________________________________________________________________ availability of a written explanation of the reasons for the violation ___________________________________________________________________________ opinion on disciplinary action Name of the position of the head of the structural unit Signature Explanatory note on violation of labor discipline ________________________ OKUD code 0226230003 Name Name of the position, structural unit surname and initials of the head of the organization EXPLANATORY NOTE Resolution _________ N __________ Place of drawing up On violation of labor discipline _______________________________________________________________________ date of violation ___________________________________________________________________________ type of violation ___________________________________________________________________________ circumstances and reasons for the violation Name of the employee's position Signature Explanation of the signature Order to impose a disciplinary sanction (for one type of violation) ________________________ OKUD code 0226620004 Name of the organization ORDER _________ N __________ Place of publication On the imposition of a disciplinary sanction _________________________________________________________________________ type of violation ___________________________________________________________________________ date of violation ______________________________ NAME PENALTIES ______________________________________________________________________________ LAST NAME, first name, patronymic of the employee ______________________________________________________________________________ name of position (profession), qualification rank (class, category) ___________________________________________________________________________ name of the structural unit Ground: Name of the position of the head of the organization Signature Explanation of signature Visas I have read the order Signature Explanation of signature Date Order to impose a disciplinary sanction (for different types of violation) ________________________ OKUD code 0226620005 Name of the organization ORDER ___________ N __________ Place of issue On the imposition of a disciplinary sanction __________________________________ NAME OF THE PENALTIES ___________________________________________________________________________ LAST NAME, first name, patronymic of the employee ___________________________________________________________________________ name of the position (profession), qualification rank (class, category) ___________________________________________________________________________ name of the structural unit ___________________________________________________________________________ _______________ type of violation ___________________________________________________________________________ date of violation Ground: Name of the position of the head of the organization Signature Explanation of the signature Visas I have read the order Signature Explanation of the signature Date Order on the imposition of a disciplinary sanction (for one type of violation) ________________________ OKUD code 0226680006 Name of the organization ORDER ___________ N __________ Place of publication On the imposition of a disciplinary sanction ___________________________________________________________________________ type of violation ___________________________________________________________________________ date of violation __________________________________ NAME OF PENALTIES ___________________________________________________________________________ LAST NAME, first name, patronymic of the employee ___________________________________________________________________________ name of position (profession), qualification rank (class, category) ___________________________________________________________________________ name of the structural unit Ground: Name of the position of the head of the organization Signature Explanation of signature Visas I have read the order Signature Explanation of signature Date Order on the imposition of a disciplinary sanction (for different types of violation) ___________________________ OKUD code 0226680007 Name of the organization ORDER ___________ N __________ Place of publication On the imposition of a disciplinary sanction __________________________________ NAME OF THE PENALTIES ______________________________________________________________________________ LAST NAME, first name, patronymic of the employee ___________________________________________________________________________ title of position (profession), qualification category (class , category) ___________________________________________________________________________ name of the structural unit ___________________________________________________________________________ type of violation ___________________________________________________________________________ date of violation Ground: Name of the position of the head of the organization Signature Explanation of the signature Visas I have read the order Signature Explanation of the signature Date I would like to draw the moderator’s attention to this message because:
Notification is being sent...
- Dad, tell me how to live without getting tired? “Live like a person, white Rio de Janeiro,” this is the crystal dream of my childhood, don’t touch it with your paws. (c) I'm not afraid to stand out from the crowd, I'm afraid to be one.| Natina [email hidden] Belarus, Minsk Wrote 75 messages Write a private message Reputation: | #4[532555] September 29, 2020, 1:46 pm |
Notification is being sent...
| m1958-8 [email hidden] Belarus, Minsk Wrote 10051 messages Write a private message Reputation: 1192 | #5[532560] September 29, 2020, 15:45 |
Notification is being sent...
| Natina [email hidden] Belarus, Minsk Wrote 75 messages Write a private message Reputation: | #6[532584] October 2, 2020, 10:14 |
m1958-8 wrote:
Complaints can be justified or unfounded. You first understand the essence of the complaint, take an explanatory note. Determine whether the employee violated her work duties. The client is not always right. If you punish an employee unreasonably (without stating the duties he violated), then the employee through the court can get the penalty reversed, and in case of dismissal, reinstatement and compensation.
It’s justified there, our employee likes to be rude. Now, if everything is justified, then what could be our actions? To a greater extent, this is so that the employee does not allow himself to do this in the future.
I want to draw the moderator's attention to this message because:Notification is being sent...
| m1958-8 [email hidden] Belarus, Minsk Wrote 10051 messages Write a private message Reputation: 1192 | #7[532595] October 2, 2020, 11:46 |
Notification is being sent...
| Natina [email hidden] Belarus, Minsk Wrote 75 messages Write a private message Reputation: | #8[532672] October 3, 2020, 11:21 |
Notification is being sent...
| Sergey [email protected] Belarus, Grodno Wrote 16546 messages Write a private message Reputation: 1771 | #9[532674] October 3, 2020, 11:23 |
Natina wrote:
hairdresser's attitude
An employee should be punished for a job poorly done, and not for whether he loves or hates the client.
I want to draw the moderator's attention to this message because:Notification is being sent...
Pereat mundus et fiat justitia.| m1958-8 [email hidden] Belarus, Minsk Wrote 10051 messages Write a private message Reputation: 1192 | #10[532675] October 3, 2020, 11:26 |
Notification is being sent...
« First ← Prev.1 Next → Last (2) »
In order to reply to this topic, you must log in or register.
Order to impose disciplinary liability
For committing a disciplinary offense, namely: admission of workers to the construction site on October 12, 2020 in the absence of protective devices and without the use of personal protective equipment by workers
1. Reprimand the head of the site, Pavel Potapovich Potapov.
Reason: order of occupational safety specialist Ivanov I.I. dated October 12, 2020, explanatory note from the head of the section Pavlov P.P. dated October 12, 2020, clause 5.3 of the job description of the head of the section, clause 26 of the Labor Safety Instruction OT-116/02.
General Director Sidorov S.S.
Order on administrative punishment
From 03/25/2019 No. 55-k
On administrative punishment of an employee
Ivan Antonovich Antonov, operator of computer-controlled machines in the mechanical section, was absent from the workplace from March 11 to March 22, 2020, without providing supporting documents.
I ORDER:
- For absence from the workplace during working hours without good reason, Ivan Antonovich Antonov shall consider the days from March 11 to March 22, 2020 as absenteeism.
- Deprive Antonov I.A. based on the results of work in March of this year. variable part of salary by 100%.
- Antonov I.A. for violation of internal labor regulations, expressed in absence from the workplace during working hours without good reason, issue a reprimand.
- The annual leave planned from 07/08/2019 to 08/04/2019 will be postponed to the period from 11/04/2019. until 02.12.2019
Base:
— Memo from HR specialist Kovaleva M.S. from 03/25/2019
— Act on the absence of an employee from the workplace dated March 22, 2019 No. 39;
— Explanatory note by Antonov I.A. dated March 25, 2019
Director N.N. Nikolaev
Reviewed by: Antonov I.A.
Types of documents that are drawn up in case of violation
| Document type | Why is it issued? |
| Act on violation of labor discipline, recording absence from work | In case of absenteeism, tardiness, early departure from work |
| An official note recording the fact of non-compliance with labor discipline | Anyway |
| Explanations of the violator | To decide on punishment |
| Notice of the need to provide explanations | |
| Explanatory note from the offending employee | |
| Employer's document in case of employee refusal to read the notice | In case of employee refusal |
| The employer’s document in case of refusal to provide explanations for the committed | |
| Employer's administrative act on imposing a penalty | When such a decision is made by the employer |
| Document on the removal of the penalty (including before the expiration of one year from the date of imposition) | When such a decision is made by the employer, the judicial authorities in case of illegality |
| Employer's administrative act imposing a penalty in the form of dismissal | When such a decision is made by the employer |
More on the topic Certificate of return of defective goods
How long does a reprimand last?
Disciplinary action not related to dismissal is valid for one year. All this time, the order for its application is kept in the employee’s personal file. If during this year another offense is committed, then the employer will have reason to talk about a systematic violation of discipline (clause 5, part 1, article 81 of the Labor Code). The penalty for this may be dismissal.
The penalty can be canceled ahead of schedule at the request of the employee himself, at the request of his immediate superior or trade union, as well as at the will of the employer himself. An order regarding the lifting of the penalty is issued, which the employee must familiarize himself with under signature. After the issuance of such an order or the expiration of the penalty, it is considered that the employee has not committed any violations. An entry in the work book or personal card about the reprimand is not made.
Order on application of disciplinary sanction
In connection with the established fact of making an incorrect entry about a transfer to another job in the work book of leading engineer Petrov P.P.
I ORDER: 1. Announce to the HR department inspector Ivanova M.I. reprimand.2. Head of the HR Department Mikhailova M.M. ensure that leading engineer P.P. Petrov is included in the work book. correct entry, recognizing the previously made entry on transfer to another job as invalid in the manner established by regulatory legal acts.3.
General Director V.V. Vasiliev
HR Department Inspector I.I. Ivanova
Head of HR Department Mikhailova M.M.
Leading engineer Petrov P.P.
What is non-compliance with labor discipline?
Current legislation does not regulate all types of possible violations, but establishes the concept of “labor discipline” (Article 189 of the Labor Code of the Russian Federation). A mandatory set of rules for all employees, formulated on the basis of the Labor Code, is reflected in a document such as internal labor regulations, in other local regulations and affects corporate ethics.
In order to bring an employee to disciplinary liability, management must prove the presence of the following circumstances:
- failure/improper performance by an employee of his duties;
- employee's guilt;
- a cause-and-effect relationship between the unlawful, guilty behavior of an employee and failure to comply with the duties assigned to him.
Among the most common offenses associated with violation of labor discipline are:
- tardiness and absenteeism, as well as leaving before the end of the working day;
- dishonest performance of labor duties;
- non-compliance with labor safety standards;
- appearing at the workplace in a state of alcohol, drug or other toxic intoxication;
- theft, embezzlement and damage to property that belongs to the employer;
- disclosure of trade secrets;
- refusing medical examinations or training required for the job;
- committing an illegal act;
- failure to comply with subordination;
- ignoring instructions and orders;
- immoral act (if the work is related to upbringing and education);
- deliberate actions that undermine the authority of management.
This is interesting: Sample application to appeal an employer’s reprimand for being late for work
At the same time, gross misconduct, which, in accordance with Article 81 of the Labor Code of the Russian Federation, is grounds for dismissal, includes absenteeism, appearing drunk, falsifying documents, disclosing secrets, theft and immoral behavior.
How to create an order
There is no unified form, but it must be completed properly. Draw up a document according to the rules that are accepted in the organization.
Step 1. In the header, indicate the registration details of the institution.
Step 2. Below is the date and number of the order.
Step 3. In the main part, state what happened, how the offense was recorded, whether there are witnesses, list the documents that were drawn up: a memo, an employee’s explanatory note, etc. If it is established that the employee previously committed such violations at least once, then this should be mentioned and the measures that have been taken should also be described.
Step 4. The document is signed by the head of the organization.
Step 5. The employee must be familiarized with the punishment. In confirmation, he must sign the order.
If an employee has committed a disciplinary offense, the employer requires him to provide an explanatory statement.
Requirements for placing an order
The legislation does not provide for a special form of order informing about the disciplinary punishment taken by the employee. Each enterprise or organization can use an independently developed form for writing it or an existing unified form of this document. In the absence of such forms, you can use a standard A4 sheet. It is allowed to present the text of the order, both in printed form and manually.
The text of the order must contain information:
- about the organization, enterprise or other legal entity that is the employer of the guilty employee;
- about the employee himself, indicating his full name, position and specific place of work;
- about the reason that served as the reason for the penalty, with a detailed statement of the circumstances, the violation that occurred, and the date of its commission;
- about the type of punishment itself (reprimand, reprimand or dismissal);
- about the documents provided confirming the validity of the offense that occurred, which became the basis for issuing this order.
Procedure for placing an order:
- The header of the order indicates the detailed name of the enterprise as a legal entity, for example, CJSC, LLC, individual entrepreneur, etc.
- Next, the name of the document “Order” is written in the center, indicating the number in accordance with the internal document flow and a brief indication of the essence of the document.
- The line below indicates the name of the locality where the enterprise is located and the date the order was issued: day, month (indicated in words), and current year.
- Below is the essence of the offense committed, the date it was committed, and by whom it was committed (full name of the employee).
- Next, the manager’s order is written: “I order that the employee (his full name is repeated again) be reprimanded, reprimanded, or fired. The reasons for such an order are indicated (a report and explanatory note, or a drawn up act).
Expert commentary
Gorchakov Vladimir
Lawyer
The document is valid only if it contains the signature of the head of the enterprise, as well as the introductory signature of the punished employee, or (if he refuses to sign the document), an act confirming this refusal is attached. It must also contain the signatures of the employee’s immediate supervisor and a representative of the HR department.
Usually three copies of the order are drawn up. One original and two copies taken after signing the original copy of the document. The original order is kept in the file among other orders relating to personnel. One copy of the order is filed in the employee’s personal file, and the second is given to him personally.
Certificate of refusal to sign (sample)
Order on early removal of disciplinary sanction
Based on the petition of the chief engineer of Planeta LLC, Nikolaev N.N. dated 07/07/2018, taking into account the conscientious performance of his official duties by S.S. Sergeev. and guided by Art. 194 Labor Code of the Russian Federation
I ORDER: 1. Remove the disciplinary sanction in the form of a reprimand, previously imposed by Order No. 352k on 02/03/2018, from Sergey Sergeyevich Sergeev, head of the repair section.2. Remove the measure of material impact in the form of non-payment of remuneration based on the results of work for 2020. from Sergeev S.S. previously imposed by Order No. 352k 03.02.
2018, personnel number 689.3. The clerk of the HR department of LLC "Planeta" must prepare a copy of the order within one working day and send it to the HR department and accounting department.4. The chief engineer of LLC "Planeta" should inform Sergeev S.S. with this order within three working days against signature and send a copy of the order with a receipt for familiarization to the personnel department.
Deputy Director for Personnel K.K. Alekseev
Based on the petition of the head of the marketing department, Sidorenko V.V. from 12/17/2018
I ORDER: 1. Order No. 96-k dated October 24, 2018 on the announcement to marketer Konstantinov K.K. notices for absence from work for 5 hours in a row cancel.2. Consider Konstantinov K.K. not having a disciplinary sanction.3. With this order from Konstantinov K.K. to be familiarized against receipt. Reason: petition from the head of the marketing department, Sidorenko V.V. from 12/17/2018
General Director Nikolaev N.N.
The order has been familiarized with: marketer Konstantinov K.K.
More on the topic Report on financial assistance - sample. Financial assistance to military personnel under contract
Punishment measures for misconduct include reprimand, reprimand and dismissal (Labor Code of the Russian Federation, Art. 192).
The remark does not entail significant consequences, however, a document must be drawn up by the manager regarding the fact of the act. A sample act of violation of discipline reflects the essence of the offense, the worker’s explanation and the measures taken.
Punishment measures for misconduct include reprimand, reprimand and dismissal.
The reprimand can be ordinary and severe. Both of them are not included in the work book, but their recording in the order is mandatory. Receiving two or more reprimands may result in termination.
Dismissal is also appropriate in case of regular disregard of labor organization rules and when committing a gross misconduct. The corresponding decision is made on the basis of the provisions of the enterprise documents.
Any employee of the institution is responsible for violation of labor discipline. In the latter case, the manager can apply penalties at his own discretion, paying attention to the severity of the violation.
For the preferential class of workers (minors, pregnant women working part-time), special penalties are provided.
When is a reprimand order issued?
A reprimand is a medium-severe type of disciplinary sanction, between a reprimand and dismissal. But this does not mean that a reprimand must be preceded by a remark, or that the employee cannot be reprimanded when the Labor Code of the Russian Federation even allows the employee to be fired. The employer establishes the procedure for applying reprimands to employees independently, taking into account the provisions of employment contracts, internal labor regulations, organizational and administrative documents of the employer, and, naturally, the severity of the disciplinary offense and the circumstances of its commission. The only important thing is that for a specific disciplinary offense only one disciplinary sanction can be applied (Part 5 of Article 193 of the Labor Code of the Russian Federation).
In general, a reprimand is applied for committing a disciplinary offense, that is, failure or improper performance by an employee, through his fault, of the work duties assigned to him (Part 1 of Article 192 of the Labor Code of the Russian Federation). This may include violation by an employee of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc. (Clause 35 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).
Before drawing up an order to reprimand an employee (a sample is given below), the employer must require a written explanation from the employee. If after two working days the employee does not provide such an explanation, an appropriate act must be drawn up (Part 1 of Article 193 of the Labor Code of the Russian Federation).
Moreover, even if the employee does not provide an explanation, the employer, after two working days, may issue an order to reprimand for improper performance of official duties.
The employer is given 1 month from the date of discovery of the misconduct to issue an order for disciplinary action in the form of a reprimand. Such a day is considered the day when the employee’s immediate supervisor learned that the employee had committed a disciplinary offense. In this case, it does not matter that the direct manager, for example, does not have the right to impose a disciplinary sanction himself (clause 34 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2). The monthly period does not include the time of illness of the employee or his vacation (Part 3 of Article 193 of the Labor Code of the Russian Federation).
It is also important to take into account that a disciplinary sanction cannot be applied later than 6 months from the date of commission of the offense, and for an offense identified, for example, as a result of an audit, no later than 2 years from the date of commission (Part 4 of Article 193 of the Labor Code of the Russian Federation).
Procedure and rules for compilation
The most common violation of labor discipline is being late for work. At the same time, the manager should not rush to impose penalties on the employee, but first understand the reason for the tardiness. A one-time violation can be left without punishment, since the reasons may not depend on the employee.
Systematic lateness to work may be punishable by a fine, a severe reprimand, and if late by 4 or more hours, by dismissal.
Each employee of the enterprise must clearly know his rights and obligations, as well as penalties for committing offenses. Penalties for violation of work discipline must have valid grounds. Unreasonable punishments or punishments imposed outside the established procedure (for example, in the absence of witnesses to the violation) can be challenged by the trade union and the managers will be held accountable.
At least two witnesses are involved in the registration, who will subsequently sign the papers, confirming with their signatures the correctness of the stated facts.
The document must be signed:
- compiler;
- employee witnesses;
- to the guilty one.
Only in this case is it valid and legal. If the latter refuses to sign, it is necessary to make an appropriate entry recording this fact.
The document must be registered using the internal documentation log.
In the future, the act is stored together with the order of disciplinary action. Then it is transferred to the archive and is subject to storage for a specified period (at least three years).
Reprimand for violation of labor discipline: sample order
The employer decides for himself how to issue an order for a reprimand, because there is no single, mandatory form for such an order. Typically, the order (instruction) contains the following information:
- FULL NAME. and the position of the employee who is being reprimanded;
- the essence of the disciplinary offense indicating, say, the clause of the employment contract, job description or article of the Labor Code of the Russian Federation, which the employee violated by his misconduct;
- the circumstances of the offense, the degree of its severity and the employee’s guilt.
This is interesting: Sample objection to a statement of claim in court
The employer is obliged to familiarize the employee with the order of reprimand against signature within 3 working days from the date of its issuance (not counting the time when the employee was absent from work). If an employee refuses to sign to familiarize himself with the order, a report must be drawn up about this.
Here is a sample order for disciplinary action (reprimand).
Form of the act
There is no established form for an act of violation of labor discipline. It is drawn up in a free format. It can be provided in either handwritten or printed forms. When drawing up the paper, the employer can use the form established in the organization. Alternatively, you can use a template (if one was approved in the institution’s accounting policy).
The act (sample below) must include the following information:
- requisites;
- date of formation;
- time, registration document number;
- place of registration;
- title of the document - act (on violation of labor discipline);
- text containing information about the sequence of events.
The following must be indicated:
- name of the institution;
- FULL NAME. and the name of the employer's position;
- FULL NAME. and the names of the positions of employees involved in the formation;
- FULL NAME. and the name of the offender’s position.
An act of non-compliance with labor regulations must include objective facts of what happened, and not subjective assessments and assumptions. The latter can only be given by a person with appropriate qualifications (for example, in case of intoxication - a doctor). Good reasons are also not included if there is no real evidence of its existence. Information is presented in the 3rd person, the presentation style is official and businesslike.
Other papers may be attached to the act, for example, an explanatory note from the employee who violated discipline (if he did not refuse to provide it).
More on the topic How to terminate a fixed-term employment contract at the initiative of the employee
https://youtu.be/1PxATKqict0
Common mistakes made by employers
Sometimes employers use a sample order “warning about violation of labor discipline,” but there is no such type of penalty as a warning in the Labor Code of the Russian Federation. This measure can only apply to certain categories of workers whose activities are regulated by special laws. Thus, a warning about incomplete official compliance is applied to civil servants along with the types of punishments established in Article 192 of the Labor Code of the Russian Federation (Law “On the State Civil Service” dated July 27, 2004 No. 79-FZ).
As for such a favorite method of restoring order among staff as fines, this also has its own nuances. Since the fine does not apply to the penalties established in the Labor Code of the Russian Federation, writing off sums of money from an employee is a gross violation of the law, for which the employer can be held accountable.
Therefore, it is prohibited to issue orders on fines for violation of labor discipline. However, the legal subtlety lies in the fact that if the disciplinary sanction has not been repaid, the employee may lose part of the bonus, which may be called a “fine” in the internal regulations of the organization. Thus, it is impossible to simply fine an employee - it is necessary to impose a disciplinary sanction, for example, a reprimand, which may entail deprivation of a bonus (if such a condition is contained in a local act, for example, in the bonus regulations).
