After violating labor regulations, an employee may be subject to disciplinary action. By default, it remains in force for a year from the date of issue of the order. To early release an employee from liability, you can submit a corresponding petition. It is addressed to the head of the organization. There is no single form of document provided. A downloadable sample is available at the end of the article.
Overview of an example petition
A petition to lift a disciplinary sanction is always submitted in writing. Although there is no single form for the document, there is a list of required details.
The application form includes the following items:
- Addressee details: full name, position.
- Applicant details: full name, position.
- Document's name.
- Request to lift a disciplinary sanction against an employee. His full name and position are indicated, and reference is made to the number and date of issue of the order.
- Grounds for early release from liability.
- Applicant's signature with transcript.
- Date of application.
What is considered the basis for early removal of a disciplinary sanction? First of all, conscientious performance of official duties. Some employees make a lot of effort for professional growth, and this measure becomes an encouragement. Then the petition should refer to the fact that this employee is considered one of the best in his field.
Important! The petition is written for early removal of the foreclosure. In general cases, it is removed automatically after a year.
Also in the list of grounds you can mention the fact that the employee has not previously been held accountable. Another reason is the need for motivation. Not satisfied with management's decision, some employees begin to work with less productivity. In such a situation, early lifting of restrictions can encourage them to develop professionally.
How to avoid mistakes when drafting
In order for the document to bring the expected result, the petition addressed to the manager must be written clearly and without grammatical errors.
Important! Labor legislation does not require that you adhere to any specific form when drawing up an application, but you should be aware of some nuances:
- the document must contain maximum information that allows you to consider the application without requiring additional data;
- the recipient to whom the document is addressed must be indicated correctly and accurately;
- the essence of the request must be stated sufficiently briefly and clearly;
- provide convincing facts on the basis of which the manager can make a positive decision.
If you have difficulties in drawing up an appeal, it is better to seek help from a lawyer on our website.
What types of punishment can be annulled?
Disciplinary violations include tardiness, absenteeism, failure to comply with internal instructions and the requirements of the employment contract, negligent attitude towards one’s duties, failure to comply with instructions from superiors, and the like. Rules of behavior and work routines must be fixed by local standards. Any violation for which punishment is imposed must be documented.
Depending on the employee’s reputation and frequency of misconduct, he may be assigned one of the following types of responsibility:
- comment;
- rebuke;
- calculation.
By submitting a petition for the removal of a disciplinary sanction according to the sample, you can cancel the first two types of punishment ahead of schedule. This possibility is provided for in Article 194 of the Labor Code. Dismissal from work is considered a last resort and is applied only if there are repeated violations during the year.
https://youtu.be/qr5MMWyUmKo
Violation of discipline is followed by punishment
Failure to fulfill or improper performance of labor duties assigned to an employee is called a disciplinary offense (Article 192 of the Labor Code of the Russian Federation). An employee who has committed a disciplinary offense can be held accountable by applying disciplinary measures to him.
It is necessary to bring an employee to disciplinary liability, guided by a special procedure approved by the Labor Code of the Russian Federation. Imposing a sanction is a serious procedure, and it is strictly regulated by labor legislation (“Procedure for applying disciplinary sanctions (step-by-step instructions)”).
Who has the right to initiate the abolition of punishment?
To impose a disciplinary sanction on an employee, a corresponding order from the manager is issued, on which his signature is affixed. Early release from liability is carried out in the same way. But for this you need to submit a petition to the authorities.
Several employees have such powers, including:
- immediate superior;
- the employee himself;
- representative body of the collective;
- Head of the organization.
If the punished employee fulfills his duties in good faith, his immediate superior may request an early lifting of the restrictions. A trade union or other representative body has the right to do the same. The petition should indicate that since the time of prosecution, the employee has observed labor discipline and there are no claims against him.
It is easier to formalize the removal of a penalty if the initiative comes from the manager himself. He can immediately contact the personnel department to issue an order. In this case, there is no need to submit an application.
Can the employee himself ask for early release from liability? In fact, he has such a right. In the statement, he can indicate that he has realized his guilt and at the moment has no complaints from management. His request to cancel the punishment must be agreed upon with his immediate superior.
Who initiates early withdrawal
Employee. If he realizes his guilt, he can himself make a proposal to reduce the effect of his punishment, for example, in the following formulation: “I realized my guilt. I have had no complaints from senior management about the results of my work since the day of the offense. From now on I undertake not to violate labor discipline. I ask you to cancel the disciplinary sanction ahead of schedule.” If such a document comes from an employee, it is endorsed by the immediate supervisor.
Trade union or other representative body. He sends his arguments in the form of a petition to the head of the organization. You can use the following wording: “During the time that has passed since the imposition of the penalty, Petrov P.P. fully complies with the requirements of labor discipline that are established at the enterprise, and has also proven himself to be an excellent worker; he efficiently fulfills the labor duties assigned to him. There have been no complaints against him recently.”
The employee's immediate supervisor. If he considers that the person brought to justice is worthy of repaying the punishment ahead of schedule, then he draws up an appeal addressed to the head of the organization with a request for its early cancellation. In this case, you can use the same text as in the example for the trade union.
This is important to know: How long does it take for a disciplinary sanction to be lifted?
How restrictions are lifted
There is no standardized form for the application. However, the company may have an approved template. You can obtain a sample petition for the removal of a disciplinary sanction from the HR department.
The abolition of punishment occurs in several stages:
- Filling out the form. Indicate the details of the employer, the applicant, as well as the reasons for early release from liability.
- Coordination with the immediate supervisor and making an appropriate note (if submitted by the employee himself).
- Submitting the application to management for consideration.
- Issuance of an order.
The final decision on whether an employee will be released from liability early is made by the head of the organization. He will evaluate how significant the reasons listed in the application are. Based on the results, he can either remove the restriction or leave it in force. If it is decided to cancel the punishment, an order will be issued indicating the date and number of the reprimand order.
By default, a reprimand or reprimand is valid for a year. After this period has passed, there is no need to prepare any documents to cancel it. On the other hand, the minimum period of sentencing has not been established. An order to cancel it can be issued within a few days if the employer has compelling reasons.
Procedure for removing penalties
How a penalty can be lifted is written in Art. 194 Labor Code of the Russian Federation. There are two possibilities for this:
- After the expiration of the penalty (1 year) from the moment it was issued, if the employee did not commit new disciplinary offenses during this period.
- Ahead of time, if anyone takes the initiative in this matter.
Both types of punishment (reprimand and reprimand), as a rule, are assigned by an organizational and administrative document reflecting the decision of the employer’s manager and signed by him. Accordingly, the decision on early removal of foreclosure will be made at the same level and formalized in a similar way.
Upon expiration of the validity period, the penalty is lifted automatically and does not require the execution of a special order.
How to cancel multiple collections
What to do if an employee has already received several reprimands or reprimands due to disciplinary violations? Based on the petition, it is possible to remove either one penalty or several. An exception to this rule are areas where a different procedure is approved by law (for example, this applies to the customs service).
In general cases, disciplinary action remains in force for a year. To cancel it ahead of schedule, you will need to submit a corresponding request to management. It is important to indicate in the document the reasons for exemption from liability. These may be professional achievements, a conscientious attitude to one’s duties, and the absence of new violations of discipline. Next, you can download a sample application from the link.
Sample application
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What penalties can be lifted and when?
A request for early repayment does not apply only to dismissal, since this terminates the employment relationship between the employer and employee.
If an employee has several disciplinary offenses, then sanctions can be lifted for one of them, or for several at once, unless otherwise provided by law. For example, only one thing can be removed by the disciplinary charter of the customs service.
The legislation does not provide for a minimum period that must pass from the moment the punishment is imposed until it is lifted.
The memo is written in any form
It is clear that the current legislation does not establish a uniform model for a petition to lift a penalty. Therefore, such a document can be drawn up in any form. Since, according to the generally accepted rule, official communication on official matters occurs in writing, then, if it is necessary to intercede for an employee, an official memo is drawn up on the removal of the penalty, addressed to the head of the organization.
In this document, you need to set out a request for early removal of the penalty from the employee and list the arguments that, in the opinion of the immediate superior, can serve as a basis for forgiving his subordinate.
Especially for readers, we have prepared a petition to lift a disciplinary sanction (sample).
You can also petition for the removal of a disciplinary sanction in Word format.
Having received a document with a request to lift the penalty, the head of the organization makes a decision on this issue. If the decision is positive, then it is followed by an order to remove the disciplinary sanction (for more information, see “We issue an order to remove the disciplinary penalty (sample)”). If the director makes a decision not in favor of the employee, then a negative resolution is put on the memo on the removal of the penalty, and it is returned to the petitioner.
It is important to know: What is the procedural basis for disciplinary liability?
Example of a statement of claim
To the Shuryshkarsky District Court
of the Yamalo-Nenets Autonomous Okrug
Plaintiff: Feoktistova Irina Dmitrievna, address: 629640, Shuryshkarsky district,
p. Muzhi, st. Yadrintseva, 3,
tel. 356245214552
Defendant: Polesie LLC, address: 629850, Tarko-Sale, st. Izumrudnaya, 18, Branch in Muzhi, address: st. Sovkhoznaya, 9,
TIN 495687987979, OGRN 549865989586
Statement of claim for disciplinary action
At Polesie LLC, the plaintiff has been working as a HR manager in accordance with the employment contract and employment order since November 15, 2018. My job responsibilities include organizing personnel work at the Polesie LLC branch in Muzhi. Including storage and maintenance of workers’ work books. These responsibilities are set out in the job description, which I read on November 15, 2018.
In accordance with the order of the director of Polesie LLC dated November 20, 2018, I was appointed as a specially authorized responsible person for strict accounting and storage of entrusted work books.
By order of the director dated June 1, 2021, I went on annual paid leave in accordance with the vacation schedule. On May 25, 2021, I asked in writing to appoint another person responsible for storing the books. At the time of going on leave, the director’s order on this issue had not been issued.
On 08/01/2021, upon dismissal of an employee of the Organization, I found that the work book of the specified person was missing. On 08/07/2021, the director, based on the results of the internal investigation and in accordance with order No. 82, imposed a disciplinary sanction on me in the form of a reprimand.
I believe bringing me to disciplinary liability is illegal. The employer, in violation of Art. 22 of the Labor Code of the Russian Federation did not provide conditions for the proper performance of the duties entrusted to me. Other employees of the personnel department had access to the room where work books were stored. No responsible person was appointed for the period of my vacation. Consequently, the act of acceptance and transfer of work books was not drawn up. Thus, my guilt, the presence of which is provided for in Art. 192 of the Labor Code of the Russian Federation, there is no disciplinary offense committed.
Based on the above, and in accordance with Art. 22, 192, 193 Labor Code of the Russian Federation, 131-132 Code of Civil Procedure of the Russian Federation,
Ask:
- Cancel the disciplinary sanction imposed on me in accordance with Order No. 82 of 08/07/2021 in the form of a reprimand.
Application:
- Extract from the work book;
- A copy of the employment contract;
- The order of acceptance to work;
- Copy of the leave order
- Job description
- Order on the appointment of a person responsible for storing work records
- Notice of sending documents and claims to the defendant
Feoktistova I.D. 09/01/2021
Stages of collection
First of all, the fact of committing any action is established. Most often, the manager is delivered a memo or report from colleagues or the head of the department. From this moment on, penalties can be applied to the violator. Employers must wait for an explanatory note explaining a particular action. If the employee does not contact the employer with an explanatory note, then he writes an act of refusal.
Signing a waiver can change the course of the proceedings in the employer's favor if the case goes to trial. The employer evaluates the reason indicated in the note. And it determines how significant it is. The laws do not indicate how valid or disrespectful a particular reason is. The employer makes an assessment based on his own judgment, experience, and personnel practices. If the reason turns out to be unjustified, a disciplinary sanction is imposed on the employee.
