Can I be subject to disciplinary action? When can an employee be punished? Requesting explanations from the employee

Disciplinary responsibility is a special type of legal liability, its application is always associated with the performance of labor or official duties. Feature disciplinary liability is the application of penalties that constitute its content, as a rule, by the subject labor relations, namely the employer. In this connection, disciplinary liability is one of the manifestations of the employer’s power in relation to the person who entered into a contract with him employment contract employee.

Disciplinary liability consists of the application by an authorized representative of the employer to an employee who has committed a disciplinary offense of disciplinary sanctions established by law. Bringing disciplinary action against an employee who has committed a disciplinary offense is the right of an authorized representative of the employer. Whereas an employee who has committed a disciplinary offense is obliged to suffer the adverse consequences established by law. Consequently, the authorized representative of the employer has the right to release the employee from the obligation to suffer adverse consequences in connection with the disciplinary offense committed by him. In this case, the employee’s position improves compared to the law. Therefore, such an exemption should be recognized as meeting the requirements of labor legislation.

Thus, disciplinary liability can be defined as one of the types of legal liability, which consists in the right of an authorized representative of the employer to apply disciplinary measures provided for by law to an employee who has committed a disciplinary offense and in the corresponding obligations of the employee who has committed the crime. disciplinary offense, suffer the adverse consequences established by law.

There are two types of disciplinary liability for employees. Firstly, the general disciplinary liability of employees. General disciplinary liability applies to all employees without exception. General disciplinary liability occurs according to the rules established in the Labor Code of the Russian Federation. The application of general disciplinary liability does not require proof of additional or special legally significant circumstances. In this connection, it is recognized as general disciplinary liability.

Secondly, we can distinguish special disciplinary liability of employees, which exists along with general disciplinary liability. In this case, special disciplinary liability is applied only in cases where general disciplinary liability cannot be applied. Disciplinary liability is introduced by special legislation, in particular by statutes and regulations on employee discipline. The application of disciplinary liability is always associated with proof of additional, that is, special, legally significant circumstances. There are several types of legally significant circumstances that must be proven when applying special disciplinary liability.

The first type of special legally significant circumstances that must be proven when applying special disciplinary liability is the assignment of an employee to special subjects who are subject to disciplinary liability according to special rules. For example, prosecutors and judges are subject to disciplinary liability according to special rules. At the same time, the general rules on disciplinary liability are applicable to them to the extent that they do not contradict the special legislation on bringing to responsibility of this type.

Secondly, as a type of special legally significant circumstances that must be proven when applying special disciplinary liability, we can highlight the performance by an employee of special labor duties directly related to the life and health of people. Such duties include performing work directly related to the movement of railway transport.

Thirdly, a circumstance, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, is the presence of a special circle of persons or bodies vested with the right to impose disciplinary liability. For example, judges are subject to disciplinary liability by qualification boards upon the recommendation of the chairman of the relevant court. The President of the Russian Federation may bring heads of federal executive bodies to disciplinary liability.

Fourthly, a special type of circumstances, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, is the presence of additional, that is, special, disciplinary sanctions applied to employees. For example, a special disciplinary sanction is deprivation of the driver’s right to drive a locomotive for a period of three months to one year with transfer with his consent to another job, release from a position related to the operational work of railways, with the provision of another job with the consent of the employee in the order of transfer work.

Fifthly, the circumstances, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, should recognize the existence of additional opportunities for appealing disciplinary sanctions. In particular, in addition to the judicial one, there may be an extrajudicial procedure for appealing disciplinary sanctions, for example, to a higher authority or to a higher official. For example, the decision of the regional qualification board of judges on the application of special disciplinary liability can be appealed to the High Qualification Board of Judges of the Russian Federation, and then in court. Employees of government organizations can appeal a disciplinary sanction to a higher official.

Proof of each type of circumstances considered allows us to draw a conclusion about the application of special disciplinary liability to the employee. At the same time, when applying special disciplinary liability, circumstances that include various types can be proven. For example, judges are classified as special subjects of disciplinary liability and appeal against special disciplinary liability in a special manner. Although proof of one type of circumstance allows us to draw a conclusion about the application of special disciplinary liability.

Thus, general disciplinary liability differs from special liability in terms of proof of one or more types of circumstances considered. Proof of each of them may become the basis for recognizing special disciplinary liability. However, according to general rule General disciplinary liability is applied along with special. In this connection, special disciplinary liability is applied only in cases where there are no grounds for applying general disciplinary liability.

procedure for bringing to disciplinary liability

The main responsibilities of the employee are submission to the rules of conduct enshrined in the Labor Code of the Russian Federation, other laws, collective agreements, employment contracts, internal labor regulations, other local acts and conscientious performance of functional duties in accordance with the job description. Accordingly, failure to fulfill or improper performance of these duties serves as grounds for bringing the employee to disciplinary liability.

An employer can bring an employee to disciplinary liability only if he has created appropriate conditions for the employee to comply with labor discipline.

Thus, a prerequisite for disciplinary liability is the presence of the employee’s guilt. Consequently, it is impossible to raise the question of bringing to disciplinary liability an employee who refused to perform work in the event of a danger to his life and health due to violation of labor protection requirements; or from performing heavy work and work with harmful and dangerous working conditions not provided for by the employment contract; or refused to terminate his vacation early at the request of the employer.

To protect the employee, the law established a clear procedure for bringing to disciplinary liability and a closed list of types of disciplinary sanctions.

Before applying disciplinary action, the employer must obtain a written explanation from the employee. If the employee refuses to write, an act is drawn up in free form. Refusal to provide an explanation is not an obstacle to applying disciplinary action.

An order to impose a disciplinary sanction is issued signed by the manager. The employee must be familiarized with the order against signature within 3 days from the date of its publication. If the employee refuses to sign the specified order, a corresponding act is drawn up.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct. The specified period begins to run from the day when the person to whom the employee is subordinate for work (service) became aware of the commission of an offense, regardless of whether he was vested with the right to impose disciplinary sanctions. This does not take into account the time the employee is ill, on vacation, or the time required to take into account the opinion of the representative body of employees. The absence of an employee from work for other reasons, including in connection with the use of days off, does not interrupt the specified period. Vacation that interrupts the course of a month should include all vacations provided by the employer in accordance with current legislation, including annual (main and additional) vacations, vacations in connection with training in educational institutions, and vacations without pay.

Besides, disciplinary action cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, financial and economic activity or audit - no later than two years from the date of its commission. IN specified deadlines The time of criminal proceedings is not included.

For each disciplinary offense, only one disciplinary sanction can be applied. The Labor Code names the following as disciplinary measures:

Comment;

Rebuke;

Dismissal.

Only their employer can apply them to the employee, taking into account the severity of the offense committed, the circumstances under which it was committed, the employee’s previous behavior, and his attitude to work.

When considering issues related to the regulation and practice of applying disciplinary liability, it is necessary to be guided by the following acts:

1. Chapter 14 of the Labor Code of the Republic of Belarus (yes lee – TK);
2. Decree of the President of the Republic of Belarus dated December 15, 2014 No. 5 “On strengthening requirements for management personnel and employees of organizations” (hereinafter referred to as Decree No. 5);
3. Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29 “On additional measures to improve labor relations, strengthen labor and performance discipline”;
4. Acts of legislation applicable to individual categories employees (civil servants, persons subject to disciplinary regulations);
5. Technical conditions, state standards, other rules and instructions establishing requirements in certain areas labor activity;
6. Resolution of the Plenum Supreme Court of the Republic of Belarus dated June 28, 2012 No. 4 “On the practice of application by courts of legislation on labor discipline and disciplinary liability of employees” (hereinafter referred to as Resolution No. 4);
7. The provisions of the employment contract, local regulatory legal acts, job descriptions, labor protection instructions and other acts establishing requirements for labor discipline and job responsibilities of employees.

Prevention of disciplinary violations

Factors and circumstances that reduce the risk of disciplinary offenses by employees:

• timely development and consolidation of labor discipline requirements in the local regulatory legal acts of the organization;
• timely reflection of job responsibilities and changes in them in job descriptions and employment contracts;
• timely familiarization of employees with the requirements for labor discipline, job responsibilities, changes in local regulatory legal acts of the organization on these issues;
• functioning of an effective system for monitoring the employer’s performance of job duties and requirements by employees labor discipline;
• timely bringing of employees to disciplinary liability.

If failures occur in the work in these areas, the risks associated with the occurrence of disciplinary offenses increase significantly; the risk of the impossibility of bringing the employee to disciplinary liability or of illegally bringing him to such account also increases.

Attention!
In case of improper labor discipline in the organization corruption risks may arise, and this is much worse than just a disciplinary offense. Corruption risks may occur, including in the work of non-state enterprises. Read more about building a system to combat corruption risks - , Head of the Legal Department of ODO "Eterika"

Grounds for application of disciplinary liability

Guilt

The employee’s guilt can be expressed in the form of intent or negligence (clause 3 of resolution No. 4). At the same time, it is necessary to understand that the employer must find out the degree of guilt of the employee and the fact of its existence. To do this, the reasons for the violation on the part of the employee are clarified by obtaining written explanations. Accordingly, if the reason for violation of labor discipline and job responsibilities lies in the actions of the employer (failure to familiarize the employee with labor responsibilities, local regulatory legal acts of the organization), there is no need to talk about the employee’s guilt.

Insufficient attention to the reasons for non-fulfillment or improper performance of labor duties leads to the recognition of disciplinary action as illegal.

Failure to perform or improper performance of labor duties

These actions (inaction) may be expressed in violation of legal requirements, internal labor regulations, obligations under an employment agreement (contract), job descriptions, regulations, orders, technical rules, local regulations, etc.

Attention!
From point of view judicial practice The following situations cannot meet the criteria for a disciplinary offense:
1) refusal to perform work that is not part of the employee’s job responsibilities (that is, not specified in the legislation, local legal acts, employment contract, job description);
2) failure to familiarize the employee with job responsibilities and labor discipline requirements, with the exception of duties directly established by law;
3) refusal to perform work that is contraindicated for the employee due to health reasons;
4) refusal to fulfill a public order;
5) failure to fulfill labor duties for reasons beyond the employee’s control, including due to actions (inaction) of the employer himself;
6) illegal inclusion of job responsibilities in job descriptions, employment contracts, and other local regulations, which are not characteristic of the corresponding position;
7) absence from the workplace, including full-time work, due to an appointment with a doctor, if the employee consulted a doctor due to poor health;
8) keeping the employee in custody, serving a sentence in the form of administrative arrest and other circumstances indicating the absence of the employee’s guilt.

Please note that in the event of a legal dispute with an employee regarding disciplinary action, the burden of proving the existence of misconduct lies with the employer. Accordingly, protecting the interests of the employer largely depends on high-quality work in determining the job responsibilities of the employee when he is hired, as well as the correct documentation offense and the circumstances of its commission.

For information
It is very important for an employer to have effective system setting tasks for employees and monitoring their implementation. We recommend for these purposes , which is very common in many organizations (see the link detailed instructions on the use of Microsoft Outlook in the work of legal services).

The most common violations by employers of legislation in the field of bringing employees to disciplinary liability are as follows:

1. Bringing to responsibility in the absence of the employee’s fault;
2. Inappropriate assignment of job responsibilities, which allows for ambiguity in their interpretation (as a result - the absence of a violation);
3. Violation of deadlines for bringing to justice;
4. Simultaneous application of several disciplinary measures;
5. Disproportionate measure applied to the nature of the violation;
6. Formal violations of the procedure for bringing to justice, which entail formal illegality.

Conditions and consequences of disciplinary action

In addition to the presence of a disciplinary offense an important condition is to comply with the deadlines for bringing to disciplinary liability, which are:

1) one month from the date of discovery (not counting the time of illness of the employee and (or) his stay on vacation), but no more than 6 months from the date of the commission of the disciplinary offense (based on the results of an audit, inspection carried out by competent government bodies or organizations - no later than two years from the date of commission). The specified time limits do not include the time of criminal proceedings;

2) when considering materials about a disciplinary offense by law enforcement agencies - no later than one month from the date of refusal to initiate or termination of a criminal case.

Attention!
In accordance with paragraph 9 of Resolution No. 4, the following are not excluded from the statute of limitations for bringing an employee to disciplinary liability:
- the time the employee is on a business trip, undergoing military training, absenteeism and other cases of absence from work;
- the period for the employer to verify the fact of committing a disciplinary offense, unless otherwise established by regulatory legal acts on special disciplinary liability.

When calculating the time limits for bringing an employee to disciplinary liability, you must be guided by the rules established Art. 10 TK.

The consequence of applying a disciplinary measure is that, in the event of a repeated violation, dismissal may be applied to the employee due to the employee’s systematic failure to fulfill, without good reason, the duties assigned to him by the employment contract or internal labor regulations (paragraph seven of Article 42 of the Labor Code). At the same time, this condition is terminated by paying off a disciplinary sanction after one year from the date of application of the penalty (in the absence of a repeated violation) or early removal by issuing an order by the employer (part two of Article 203 of the Labor Code).

Algorithm for applying disciplinary measures

Step 1. Recording a violation

The legislation does not specify the type of document that must be drawn up to record a violation. In accordance with part twoclause 18 of resolution No. 4 These documents include:

1. Acts on violations;
2. Materials of inspections, audits carried out by higher-level organizations in the order of subordination, as well as government bodies.

Attention!
The use of a fine system is contrary to labor legislation, since it worsens legal status workers. In addition, fines by their nature are measures of administrative or criminal liability that cannot be applied by the employer.

Step 4. Conduct a check

This step must be implemented if the employee is subject to liability in the form of dismissal. Carrying out an inspection is mandatory due to subparagraph. 6.1, 6.2 clause 6 and clause 7 of Decree No. 5. To carry it out, the employer should appoint a person responsible for carrying it out or create a commission. The latter, as a rule, consists of a commission chairman and two members. The appointment of a person in charge and the creation of a commission must be formalized by order (instruction) of the employer. The results of the inspection must be recorded in the inspection report.

Step 5. Applying disciplinary action

The following conditions must be met:

1. The document imposing liability must be issued by an authorized person. The penalty is imposed by the body (manager) who is given the right to hire (elect, approve, appoint) and dismiss employees. These powers may be transferred by order to other persons. For persons acting as the head of an organization during his absence due to temporary disability, business trip, or vacation, the issuance of a separate order is not required;
2. Compliance with the statute of limitations established by law;
3. The employee must be notified of the application of disciplinary measures. the imposition of a penalty is announced to the employee against signature within 5 days (except during vacation or temporary disability). Whenfrom familiarization with the employee, the employer must formalizethe employee from familiarizing himself with the order (instruction, resolution) indicating the witnesses present. Failure to perform these actions entails that the employee is not subject to disciplinary action.

Responsibility of the employer in case of non-involvement/incorrect disciplinary action

Illegal application of disciplinary measures can lead to significant consequences for the employer:

• in case of dismissal, the employee can be reinstated;
• with the consent of the employee, instead of reinstatement at work, compensation in the amount of 10 times average monthly earnings;
• in cases of reinstatement of an employee to previous job, as well as changes in the wording of the reason for dismissal, which prevented the employee from joining new job, he is paid average earnings during forced absence (time during which the employee did not fulfill his duties due to illegal dismissal);
• the employee may be compensated for moral damage;
• the employer may be held administratively liable under part four of Art. 9.19 Code of Administrative Offences;
• If the lawsuit is lost, the employer will be liable for legal costs.

In addition, it should be remembered that one of the reasons for the dismissal of a manager on discreditable grounds is the concealment by the head of the organization of facts of violation by employees of labor duties or the failure to bring guilty persons to justice without good reason. established by law liability for such violations (subclause 6.9, clause 6 of Decree No. 5).

At the same time, in accordance with sub.4.2 clause 4 of Decree No. 5 Concealing (substituting) the grounds for dismissing an employee if there is a basis for his dismissal for committing guilty actions is a gross violation of labor duties, entailing unconditional disciplinary action against the head of the organization, up to and including dismissal from his position.

Labor discipline is the factor that plays a stabilizing role in the process of coordinated work of the team. Its main points, which every future employee of an enterprise or organization undertakes to comply with, are stated in the annex to the employment contract and sound like a list of the organization’s provisions on discipline. From the moment an employee puts his signature on the list of requirements, he automatically becomes dependent on standard established rules, as well as from additional individual conditions of the enterprise, based on the specifics of the organization’s work.

What does a disciplinary offense entail?

Violation of any rule on your own initiative entails the imposition of a disciplinary sanction, which takes into account several types of punishment: from a reprimand to dismissal from work.

Having received reliable information that his employee or employee has committed a disciplinary violation, the head of the enterprise must receive from the perpetrator a written explanation indicating the reasons that influenced such actions. These are the requirements of Article 193 of the Labor Code, and both the employee and the manager must comply with them.

Often, negligent employees are in no hurry to provide written explanations in the hope that such concealment of the reasons for their misconduct will serve as a reason to reassure management.

However, as practice shows, their hopes are rarely justified, especially if these employees are not in good standing. In addition, the reluctance to provide a written justification is an incentive to impose a disciplinary sanction, and on the other hand, the person deprives himself of the opportunity to present his own view of the situation. It happens that well-founded reasons become a very compelling reason for an employer not to resort to punitive actions.

Grounds determining disciplinary liability

The main determining factor for the application of punishment to an employee is the action committed by the employee, which is interpreted as a serious violation labor agreement.

Intentional actions of an employee committed through his own fault may be considered grounds for disciplinary action. They can be expressed either in failure to fulfill their direct duties, or in ignoring other obligations taken into account in the employment contract.

It is necessary to take into account that the application of penalties, in accordance with the procedure for bringing to disciplinary liability an employee who has committed an offense, can only occur if the obligations violated by the employee are taken into account in the employment agreement and justified by the articles of the current legislation.

In turn, as a violation, considered as ignoring the articles Labor Code, the following facts are considered:

1. If the employee was absent from the workplace without subsequently presenting valid arguments for explanation. In this case, the agreement of the parties may not specify the location of the workplace. In this case, according to Part 6. Art. 209 Labor Code of the Russian Federation, workplace employee is defined as the point where an employee must report to perform his or her job duties. This place may not be official and may be temporary, but at the same time it is subject to direct control by the employer.
2. If an employee does not want to fulfill his direct job responsibilities without valid justification. It is worth noting here that if such actions occur as a result of adjustments to the employment contract, then in this case there is no violation of discipline. In this situation, the reasonable action is to terminate the contract.
3. If an employee, without presenting any arguments, refuses to undergo a medical examination, which is mandatory for some professions.
4. In the event that an employee refuses to undergo special training and pass exams, which are specified in the employment agreement and are necessary for admission to work.

A separate clause contains provisions on participation in a strike. This action is not considered a violation and cannot become a reason for disciplinary action.

The only exception may be that a strike is declared illegal according to a court ruling. After presenting a copy of the court decision to the persons leading the strike, the employee is obliged to start work the next day.

Deadline for disciplinary action

A person guilty of violating labor regulations may be punished no later than within a month from the date the violation of established standards was discovered.

The punishment of an employee caught in a gross violation of labor activity is determined and follows within a month from the date of discovery of the offense.

When applying the procedure for bringing to disciplinary liability, one should not forget that:

1. The period when the guilty employee needs to determine the type of punishment begins from the moment he is convicted of the offense.
2. If during this period the employee was on vacation or was sick, the time is not counted. All other days missed without good reason are included in the calculation of the period of disciplinary action.
3. The initial day of disclosure of a transgression is considered to be the day when the direct superior of the employee becomes aware of it, who may not have the right to independently make a decision on the application of punishment.

Types of disciplinary punishment

The employer has the right to apply the following penalties to the offending employee:

1. Oral remark.
2. Reprimand or severe reprimand with entry into your personal file.
3. Dismissal of an employee based on irrefutable evidence of his guilt.

These types of disciplinary liability can only be imposed by the general director. However, in large organizations where a large number of branches, carrying out such actions is difficult and impractical. Therefore, the decision to accept the type of punishment is transferred to another person agreed with the management.

This appointment is made on the basis of an order on the distribution of powers. After this, the immediate superior acquires the right to punish the guilty employee and choose the type of punishment independently. In this case, he needs to take into account that:

1. Types of disciplinary liability are unacceptable if they are not taken into account by labor legislation.
2. For one fact of violation of labor activity, one penalty is imposed (Article 193 of the Labor Code, Part 5). If an employee receives a reprimand or reprimand, and then is forcibly dismissed, he can go to court, which will recognize this fact of action as illegal. In addition, if an employee does not agree with the decision that determined the type of his punishment, he can contact the authorities that are responsible for the analysis of individual labor disputes. There is also a state labor inspectorate whose range of activities includes resolving such issues.

The employer also has the right to apply disciplinary punishment against an employee who has submitted an application for dismissal of his own free will even before the commission disciplinary violation.

Involvement in disciplinary liability and the Labor Code of the Russian Federation

According to Part 5 of Art. 193 of the Labor Code of the Russian Federation, only one type of punishment can be applied to the offending employee, taking into account the proof of the offense, at the discretion of the manager.

Dismissal as a disciplinary measure is possible only if there are irrefutable arguments justified by the articles of the Labor Code of the Russian Federation. Disciplinary action, namely the list of possible penalties, is contained in this codified legal regulation.

Despite this, many organizations apply their own system of fines and sanctions. Most often they are expressed in a material deduction from wages. As for the Labor Code of the Russian Federation, but on the basis of Art. 22, 137 it prohibits such penalties. Only certain types of accounting deductions are permitted by law.

But in this case, employers use loopholes and apply own order bringing to disciplinary liability. As a rule, at most enterprises the salary is divided into basic and bonus. And if penalties are not applied to the first part, then the employee may be deprived of 100% of the bonus.

When can an employee be punished?

In this case, all mandatory conditions for bringing to disciplinary liability must be taken into account. The list of them is formed based on the characteristics characterizing labor misconduct. That is why disciplinary action can only be taken if certain factors are present.

Causing harm

It is important to note that it does not always reflect material damage. Harm can be caused to the internal way of life in the organization, that is, labor discipline. This, in turn, can stimulate the emergence of negative motivation among other employees.

Presence of guilt

Expressed with direct or indirect intent. At the same time, it also happens due to negligence. The form of fault is what determines the disciplinary action imposed on the employee. Guilt through negligence requires a reprimand. The direct intent of the employee may be considered as a reason for dismissal.

Causal relationship

It must necessarily be between the harm caused, which affected labor discipline, and behavior of an illegal nature. In this case, it is determined whether similar harm to labor discipline would have been caused if the employee had acted differently.

Bringing disciplinary action to the employer

Basis - art. 195 Labor Code of the Russian Federation. If the head of an enterprise or organization or his deputy violates the norms of labor legislation or the rules of a collective labor agreement, a statement of unlawful action is sent to the relevant authorities (authority) from a person authorized on behalf of the employees of the enterprise.

If the facts reflected in the application are confirmed, then the standard procedure for bringing disciplinary action, including dismissal, is applied to the manager. Labor legislation applies equally to everyone; both ordinary employees and managers must obey it.

Every employee who has spent at least a few days of his life at work or for the benefit of the company is familiar with the concept of labor discipline. Each employee is obliged to remember the rules and try to comply with them as much as possible. An additional motivation for following the basic rules is bringing to disciplinary liability. It may entail penalties, no bonuses, and even layoffs.

Types of penalties for violations of order at the enterprise

Legal liability also includes disciplinary violations that occur in the event of a violation of order. This is expressed in the imposition of a fine on the employee who committed the offense. The employer has the right to impose penalties, and legally.

In this case, misconduct is the failure to perform basic duties in the workplace. There are at least 3 types of penalties for this:

• the manager can make a remark;
• a more severe punishment is a reprimand;
• The most severe punishment for an employee is dismissal from the company.

The main reasons for imposing penalties on personnel

Making mistakes or misconduct is the main reason for punishment. An approved list of such errors in legislative framework does not exist. But there is a list of reasons for laying off workers in order to punish for failure to comply with the order. Misdemeanors may include:

• absolute failure to fulfill, or illiterate performance of basic duties at work, or ignoring the instructions of the director, non-compliance with rules, violation of established work methods;
• inconsistency with the work schedule. This means that the employee is regularly late for work, thereby violating the work schedule.
• showing up to work drunk;
• theft of company property, as well as its damage.

When taking such actions, remember that this may be the main reason for your dismissal from your job.

Common reasons for foreclosures

There are at least two main reasons why employees will lose part of their wages or be fired altogether.

1. Late to work. In order to determine how long a person was late for work, it is necessary to determine what time he should have been in his place. Specific working hours must be recorded in the work schedule. If the employee was not warned about this under his signature, then in no way can he be held accountable.
2. Inconsistency with the dress code. People have been discussing for a long time this problem, especially managers of large companies, therefore, for non-compliance with the company’s dress code, an employee can expect a serious fine or reprimand.

Download the form for reporting an employee being late for work.

Using foul language at work is not a reason for dismissal, regardless of who the disrespectful tone or phrase was directed at.

In general, it is very rare that people are fired from work due to a disciplinary violation; most often this only ends with a fine or reprimand. But, if the manager still decides to fire you due to a minimal violation of the rules, immediately turn to the court for help.

Types of liability

It is worth highlighting special and general responsibility. The second option applies to employees who have entered into an employment contract with the organization. Special responsibility is established for certain categories of personnel working in certain sectors of the economy.

The first type is due to the specifics of the work performed by the personnel, as well as the particularly severe consequences resulting from failure to fulfill duties at work. In accordance with the law, for making a mistake at work intentionally, the employer has the right not only to warn about the inadequacy of the position, but also to release from work at this place.

Features of administrative responsibility

This type differs from disciplinary in the type of penalties applied. It is worth noting that this type of penalty cannot be applied for non-compliance with standards and requirements. In this case, it does not matter at all where the offense was committed - on the territory of the enterprise where the citizen works or in any other place.

Attention! Before penalties are applied, the employer must require an explanation from the employee for inappropriate behavior. If the employee does not provide the paper within 2 days, the manager must draw up a report.

Based on this, the company owner has the opportunity to approve the collection. After that, it must be presented to the employee so that he signs - this must be done within 3 days. If the citizen refuses to do this, then the following act will need to be drawn up.

Period of application of penalty

The owner of the organization is able to apply punishment within 30 days from the moment the violation is discovered. Remember that punishment can be applied no later than half a year after the offense.

Attention! The penalty can be imposed not only on the employee. There is a special procedure and grounds for holding a manager accountable. This also applies to his deputies and assistants.

Is it possible to remove penalties from staff?

In accordance with the law, it will be removed after 12 months from the date of its application. But this applies only to those situations where there were no violations during last year. But the employer is able to do this earlier than in one year. To do this, the employee will need to speak independently with the director of the company. If a person for certain reasons does not want to do this, the manager can ask for him. Like imposition, removal is possible only after the corresponding order is issued.

Holding someone accountable is not a reasonable or legal action in all situations. If you are sure that you have been subjected to illegal actions, immediately go to the occupational safety service.

How to defend your own rights?

To complain about unlawful actions of your own manager, you must: in writing create a complaint. It can be drawn up independently in any form, in it you will need to indicate all the circumstances, as well as indicate all unlawful actions applied specifically to you.

If you work in a large organization, we recommend holding a meeting to resolve labor disputes. But if such a meeting is initiated, it is necessary to notify the manager about it. After which a meeting should take place within a few days. This option of clarifying relations with management is possible, but if 3 months have not passed since being held accountable. These are the deadlines that were established in the legislative framework by government authorities.

If you are not satisfied with the decision of the commission, you can file a lawsuit. An appeal to this body is also considered relevant if the meeting was not convened and the management did not react to it in any way.

Lawyer Elena Ponomareva talks about disciplinary sanctions

Labor legislation, in addition to incentive measures, also specifies disciplinary sanctions against violators of the current labor discipline. Violation of labor discipline - improper performance of labor duties or failure to perform them through one’s own fault. The consequence of this violation is disciplinary or public measures, other sanctions (criminal, disciplinary) that are provided for by law. Let's talk about them in more detail.

Disciplinary liability is when an employee is obliged to bear a penalty, which is established according to the standards labor law, in case of illegal behavior. The basis for disciplinary liability of an employee may be a disciplinary act. A disciplinary offense, in turn, is an employee’s improper performance of work duties or their failure to perform through his own fault.

If the employee is not guilty of violating labor discipline, disciplinary measures cannot be used against him.

For an employee's liability, a mandatory condition is the failure to perform or improper performance of labor duties - duties established by internal labor regulations or an employment contract. Otherwise, the employee will be released from disciplinary liability.

According to the current labor legislation, disciplinary liability of workers of two types is regulated:

– special.

The general one is enshrined in the Labor Code of the Russian Federation and internal labor regulations. Special – regulations and statutes on discipline for employees of certain categories.

Disciplinary responsibility and its types

The Labor Code establishes the following disciplinary sanctions:

• rebuke;
• comment;
• dismissal (Article 192).

The law does not allow other types of disciplinary liability. At the same time, many organizations use warnings, fines, severe reprimands, transfers to positions with lower salaries and deprivation of bonuses as disciplinary sanctions. But such measures are illegal. At the same time, sometimes you can take measures at your own discretion without violating the Labor Code of the Russian Federation.

Has the right to choose a specific penalty measure CEO. But in large organizations and companies with an extensive branch network, it will be inappropriate to send all orders to the parent organization. The right to make a decision on disciplinary action in this case is delegated to another person. An order on the distribution of powers is issued. The immediate supervisor of the offending employee must propose the appropriate disciplinary action in his opinion.

How to properly deprive an employee of bonuses

The bonus is an incentive payment related to wages. When you deprive an employee of a bonus, you deduct a certain amount from his salary. However, such deductions are strictly limited by current legislation (regulated by Article 137 of the Labor Code of the Russian Federation). In particular, an employee’s unearned advance may be returned. If an employee does not agree with management’s decision, he can appeal to the labor inspectorate or court. The employer will be required to pay the withheld bonus, with interest of at least 1/300 of the refinancing rate of the Central Bank of the Russian Federation on the unpaid amount for each day of delay.

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To avoid this problem, the size of the bonus can be tied to performance indicators. It is better to issue an order for non-payment or reduction of the premium. It is necessary to justify the reasons for denying the employee a bonus. It is necessary to indicate in the bonus regulations the conditions that must be met for payment of the bonus - indicating cases when the employee is not entitled to a bonus. However, it is necessary to abandon the formulations “deprive of bonuses” and “deny bonuses”.

For which an employee can be subject to disciplinary action?

Responsibility arises only in the event of a disciplinary offense on the part of the employee. Only one penalty can be imposed for each offense - in the form of a reprimand, reprimand or dismissal. Therefore, you cannot first reprimand someone for absenteeism and then fire them for the same. The decision on the appropriate penalty is chosen by the general director together with the head of the department in which the offending employee works. Among the disciplinary offenses under the current labor legislation relate:

One-time gross violation of labor duties. In particular, being intoxicated at the workplace, absenteeism, disclosure of commercial, state or official secrets, violation of labor protection requirements, theft. Any penalty may be used, including dismissal.

Failure to fulfill job duties without good reason. Including being late. It is necessary to take into account that when an employee commits a violation for the first time, dismissal cannot be used as a penalty. It is necessary to first make a reprimand to the employee, in case of repeated violation - a reprimand, only with subsequent dismissals can you think about dismissal (clause 5 of Article 81 of the Labor Code of the Russian Federation)3.

It must be remembered that labor legislation does not regulate a list of valid or disrespectful reasons. Good reasons include:

• illness (if the employee provides a certificate or sick leave);
• call to law enforcement or others government bodies(in particular, confirmed by summons);
• the employee’s rescue of people, personal or public property;
• a man-made disaster that prevented the employee from getting to the workplace;
• performing public or government duties - in particular, serving as a juror at a trial.

Commitment of guilty actions by an employee responsible for inventory items. Punishment is possible only for financially responsible persons - accountants, cashiers, storekeepers. In case the actions of such employees lead to grounds for loss of trust. Punishment – ​​up to and including dismissal.

An unjustified decision made by the head of a branch (representative office), the deputy head of an organization (branch, representative office) and the chief accountant. Any prescribed penalty may be used for such offenses. But before dismissal, it is first necessary to determine the causal relationship decision taken and the resulting consequences. That is, the very fact of making an unreasonable decision that did not lead to any consequences cannot be an argument for dismissal. It would be unlawful to dismiss someone because the employee does not live up to expectations, does not work effectively, or does not perform his duties well.

Gross violation the head of the branch (representative office) or the deputy head of the organization (branch, representative office) of his labor duties. A violation is classified as gross in the event of damage to the organization or the health of employees due to the actions of the manager. Including violation of official authority, labor protection requirements, manufacturing products without a license, etc. Any punishment is possible, including dismissal (clause 10 of Article 81 of the Labor Code of the Russian Federation)4.

Submission of false documents by an employee when concluding an employment contract. In this case, the penalty becomes dismissal (Clause 11, Article 81 of the Labor Code of the Russian Federation). But in a situation where a document on education is provided that is not needed for the assigned work, it will be impossible to dismiss the employee for this reason.

Ekaterina Prokhorova, Director of Human Resources at IBS, Moscow

In our corporate culture and the motivation system, the main principle is reward for high-quality work, and we do not resort to punishment in case of bad result. Therefore, we rarely use disciplinary penalties. Fines are introduced only in case of repeated violations by the employee of the provisions of labor discipline (in particular, in case of regular lateness to work). First we talk to the employee, warn about possible consequences, if he does not change his attitude.

How to collect evidence and bring disciplinary action

The provisions of the Labor Code allow an employee to appeal to the labor inspectorate or court if he does not agree with the approved disciplinary sanction. The organization's lawyers and personnel officers must prove the fact of the violation. To do this, they must prepare evidence indicating the nature of the offense and the date of its commission, etc.

General conditions for bringing to responsibility:

The presence of guilt in the actions of the employee. If an employee poorly fulfills his obligations for reasons beyond his control, this case cannot be considered as official misconduct.

The employee was asked to write an explanatory note. Before holding an employee accountable, the HR manager or lawyers should require a written explanation from the violator.

Recording the fact of violation in an act and report immediate supervisor.

If no more than six months have passed since the offense occurred.

How to record an employee's lateness or absenteeism

To establish the fact of being late or absenteeism, you can use:

• data from the device installed at the checkpoint (when issuing special magnetic cards to employees);
• act of absence from work for a specified period or of being late (this document must be signed by at least 2-3 persons);
• video surveillance equipment;
• memos from other employees (usually the immediate supervisor). It is worth considering the ineffectiveness of the latter method. The court may doubt the impartiality and reliability of these documents, given the likelihood that they were compiled retroactively.

In any case, it is necessary to reflect the fact of absenteeism in the time sheet.

How to detect when an employee appears at work while intoxicated

To record the fact of a violation in this case, the following will be suitable:

Act on an employee being in a state of intoxication at the workplace work time. It is necessary to indicate in the document the type of intoxication (drug, alcohol, toxic), with detailed description employee behavior and signs that indicate intoxication. The act must be signed by at least 2-3 persons;

Reports officials– from direct persons. It is necessary to draw up these notes immediately after identifying a reporting fact;

Medical report. It is considered the most reliable solution, but it is difficult to use for most employers. Not all employees agree to a medical examination, and a person cannot be forced to do so.

In case of conflicts with a drunk employee, it is recommended to take a number of actions:

1. Accompanying the employee (with his consent) to a medical institution for examination;
2. Contacting the police. The police will have to take the employee to a sobering station, where a medical examination is carried out;
3. Arranging the arrival of medical workers to the enterprise.

Time limits for applying disciplinary action

Disciplinary action is taken no later than a month from the day the misconduct was discovered, not counting the employee’s being on vacation, the employee’s illness, and the time needed to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than 6 months from the date of the offense, and based on the results of the audit, financial economic activity, audit or audit - no later than 2 years from the date of its commission.

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For each disciplinary offense, only 1 disciplinary sanction can be imposed.

An employee may appeal the disciplinary sanction taken to the state labor inspectorate and/or bodies for the consideration of individual labor disputes. If the employee is not subject to a new disciplinary sanction within 1 year from the date of implementation of the disciplinary sanction, he will be considered to have no disciplinary sanction.

Order of disciplinary action

To issue an order for disciplinary action, the manager must first receive a written explanation from the employee and consider it. The result is reflected in a memorandum or resolution, which is superimposed on the explanatory note. The employee has the opportunity to refuse to provide written explanation. In this case, the manager must draw up an appropriate act.

In the case of a complex violation of discipline, an internal investigation by a special commission is carried out to objectively assess the severity of the violation and its consequences. This study should be carried out, first of all, in case of accidents that are caused precisely by a violation of labor discipline.

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It is necessary to record in the investigation report the circumstances under which the violation was committed, indicating preliminary conclusions about the severity of the violation. Options for punishing the violator are discussed here. Sometimes it is assumed independent examination. In case of serious reasons, the manager may transfer the results of the examination to law enforcement agencies.

The director of the enterprise is responsible for drawing up the order for disciplinary action, based on the explanations of the offender. The manager can hold department heads and their deputies accountable, but to do this it is necessary to consider the application of the employees' representative body.

As a rule, a note about collection in work book do not do. This happens only with rare exceptions, when the type of punishment is dismissal. (order option in additional materials)

To prevent the employee from suing

Most lawsuits against employers to bring employees to disciplinary liability are related to their disagreement with the very fact of committing punishment, or a lack of understanding of what the failure to fulfill their duties consists of.

To prevent such labor disputes or facilitate the process of judicial proof, the employer must comply with a number of conditions:

1. It is necessary to document the employee’s job responsibilities;
2. The employee needs to know his job responsibilities - he must be familiarized with the provisions against signature.

Usually, general labor duties are fixed, regulated by the Labor Code of the Russian Federation, internal regulations or other local regulations defining work schedule. The employment contract with him also establishes the specific labor responsibilities of the employee, and technical rules, job description etc.

One of the following options may be selected to familiarize the employee with job responsibilities:

• familiarization sheet (separate for each employee);
• familiarization magazine;
• signature of the employee on the relevant local regulatory act.
• The last option is preferable. After all, it becomes an exact guarantee that the employee has become familiar with this act.

As noted above, disciplinary action as a general rule does not become an obstacle to rewarding an employee. Only in cases that are enshrined at the legislative level is it assumed that the employer will be deprived of the right to reward punished employees. Also, local regulations may establish rules regarding the impossibility of applying incentives to employees with outstanding or unresolved disciplinary penalties.

Maria Smolyaninova graduated State University management majoring in jurisprudence. Since 2003, he has been working in the central office of the Federal State Unitary Enterprise NPO Microgen. Specializes in the field of legal support of labor relations, represents the interests of the enterprise in the courts.

FSUE NPO Microgen under the Ministry of Health and social development RF (formerly the Ministry of Health of the Russian Federation) is the Russian leader in the production and development of new effective immunobiological drugs. NPO Microgen includes 12 branches in different regions country, the company employs about eight thousand people.

Company "Audit Academy" provides comprehensive financial and economic services to business activities legal entities and private entrepreneurs (PBOYUL). Organizes accounting and tax accounting, conducts audits. Among the company's specialists are the winners of the "Best Moscow Accountant" competition.

IBS company(“Business Information Systems”) specializes in the field information technologies and consulting. It was founded in 1992 and is part of the IBS group of companies. Total Employees today exceed 1,500 people. Clients: Central Bank of Russia, Government of the Russian Federation, RAO UES of Russia, Gazprom, TNK-BP, Megafon, SladCo, etc.

Group of companies "Telecom-Service IT"- professional developer of network and telecommunications solutions, has been working in the network integration market for more than 12 years. The company offers enterprises in various fields of activity comprehensive IT services for the design, implementation, support, development and security of corporate infrastructure.