Sample reprimand for violation of labor discipline. How to properly file a penalty for violation of labor discipline

Sample order for imposition disciplinary action

On the application of disciplinary sanctions in the form of a reprimand

In connection with the violation by the storekeeper Kirillov K.K. paragraphs 3.1 and 3.3 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 disciplinary action in the form of a reprimand to Kirillov Kirill Kirilovich.
2. Head of the HR Department S.S. Sidorov introduce Kirillov K.K. against signature with this order.

Reasons:
- memorandum from the head of the workshop finished products Ivanova I.I. dated 07/07/2018;
- act of non-fulfillment without good reason labor responsibilities dated 07/07/2018 No. 2;
-request for explanation dated July 7, 2018 No. 1;
— act on the absence of written explanations dated July 10, 2018 No. 3.

General Director Petrov P.P.

The following have been familiarized with the order:

storekeeper Kirillov K.K.
Head of HR Department Sidorov S.S.

ORDER

On bringing to disciplinary liability

For committing disciplinary offense, namely: admission of workers to the construction site on October 12, 2018 in the absence of fencing devices and without the use of personal protective equipment by workers

I ORDER:

1. Reprimand the head of the site, Pavel Potapovich Potapov.

Reason: order of occupational safety specialist Ivanov I.I. dated October 12, 2018, explanatory note from the head of the section Pavlov P.P. dated October 12, 2018, clause 5.3 of the job description of the head of the section, clause 26 of the Labor Safety Instructions OT-116/02.

General Director Sidorov S.S.

ORDER

On the application of disciplinary sanctions

In connection with the established fact that an incorrect entry about transfer to another job was made in work book Leading engineer Petrov P.P.

I ORDER:
1. Announce to the HR department inspector M.I. Ivanova. rebuke.
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. Secretary-clerk Kuznetsova K.K. familiarize with this order the inspector of the HR department Ivanova M.I., the head of the HR department Mikhailova M.M., the leading engineer Petrov P.P. under personal signature no later than one business day from the date of publication of this order.
4. I reserve control over the execution of this order.
Reason: memorandum by leading engineer Petrov P.P. dated 07.11.2018, presentation by the head of the HR department M.M. Mikhailova. dated 07.11.2018 on the imposition of a disciplinary sanction, written explanation from the inspector of the HR department Ivanova I.I. from 07.11.2018.

General Director V.V. Vasiliev

The following have been familiarized with this order:

HR Department Inspector I.I. Ivanova

Head of HR Department Mikhailova M.M.

Leading engineer Petrov P.P.

ORDER

About disciplinary action

Because. that on the night of March 12-13, 2018, watchman S.S. Sidorov was absent from duty without good reason for an hour, from 23:00 to 24:00. and on the basis of Article 192 Labor Code RF

I ORDER:
1. For violation labor discipline announce the remark of S.S. Sidorov.
2. Responsible for personnel records A.A. Andreeva to familiarize S.S. with this order. Sidorov signed.
Reasons: memo from the head of the security service dated March 14, 2018, explanatory note from S.S. Sidorov dated March 14, 2018.
Director Petrov P.P.
S.S. was familiarized with the order. Sidorov

ORDER

On the removal of disciplinary sanctions and financial penalties

Based on the petition of the chief engineer of Planeta LLC, Nikolaev N.N. dated 07/07/2018, taking into account the conscientious fulfillment of their job responsibilities Sergeev S.S. 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, head of the repair area.
2. Remove the measure of material impact in the form of non-payment of remuneration based on the results of work for 2018. from Sergeev S.S. previously imposed by Order No. 352k on 02/03/2018, personnel number 689.
3. The clerk of the HR department of LLC “Planeta”, within one working day, prepare a copy of the order and send it to the HR department and accounting department.
4. To inform the chief engineer of Planeta LLC to 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

ORDER

On early removal of a disciplinary sanction

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 are cancelled.
2. Consider Konstantinov K.K. without disciplinary action.
3. With this order of Konstantinov K.K. acquainted with signature.
Reason: petition from the head of the marketing department V.V. Sidorenko. from 12/17/2018

General Director Nikolaev N.N.

I have read the order:
marketer Konstantinov K.K.

In case of violation of labor discipline, destruction or damage to company property, or systematic failure to comply with the labor standards specified in the plan, the employee is held accountable, including disciplinary action. If a violation of discipline or other official misconduct is detected, the employer may issue an order to subject the employee to punishment in the form of a disciplinary sanction. Such punishment may be imposed in the form of a reprimand, loss of bonus or dismissal. The application of a specific penalty is assigned by law to exclusive competence employer.

How to issue an order for disciplinary action?

The employer must formalize the order of disciplinary action for a violation in a legally correct manner. If mistakes are made or an incorrect basis is applied according to the Labor Code of the Russian Federation, the order will be canceled and declared illegal.

To properly format a document, you must adhere to the following structure:

• The introductory part must contain all the details of the organization and information about the offending employee. It is possible to use the organization's letterhead;
• The date and place of drawing up the act should be indicated;
• The narrative portion of the reprimand order must include a statement of the circumstances of the disciplinary offense. It is necessary to describe what exactly the failure to fulfill duties was;
• It is necessary to indicate the point of the job description or employment contract that was violated by the employee’s actions. This may be lateness, failure to meet targets or other circumstances;
• The announcement of punishment must be justified by the relevant norm of the Labor Code of the Russian Federation. Therefore, in the administrative act it is necessary to make reference to the rule of law, which allows the employer to punish an employee who has committed an offense.

When the document is drawn up, the employee must be familiarized with it against signature. The date of review must be indicated.

Order of disciplinary action in the form of a remark

This form of punishment is chosen in connection with minor and unsystematic violations of duties by the employee. Meanwhile, the employer can choose an even milder punishment in the form of deprivation of bonuses. When drawing up this act, it should be remembered that the punishment should not just be based on the fact of the violation, it must be justified. This means that the imposition of a penalty arbitrarily, only by decision of the employer, is not allowed. Such an act will be declared illegal and its effect cancelled.

Order of reprimand for failure to fulfill official duties

Failure to fulfill official duties is in itself a sufficient basis for imposing punishment on an employee. However, the employer has the right not to apply disciplinary measures. However, in case of serious or repeated violation, punishment is simply necessary. In such cases, a strict penalty will not be sufficiently justified, so you can get by with a remark.

Order of disciplinary action in the form of a reprimand

It is necessary to understand that any recovery presupposes the receipt of information about it and its verification. If a serious violation or systematic failure to fulfill his duties is committed, the employer has the right to punish the employee and reprimand him. A reprimand is one of the most severe punishments provided for by the Labor Code of the Russian Federation.

This punishment should be announced in strict order:

• When information about an alleged breach of duty is received, the appropriate executive must draw up a memo. The situation and the essence of the offense are reflected there;
• Then an inspection is carried out. It consists of obtaining explanations from the culprit and other persons who are aware of the violation of duties;
• If the information is confirmed, the employer draws up and signs an order for punishment in the form of a reprimand.

Compliance with these points guarantees that the employer’s decision to impose penalties will not be considered illegal.

How long does it take to notify an employee of the reprimand order?

Familiarization completes the process of imposing a penalty and is integral element. The act of punishment should be presented to the person immediately after its issuance. If a person refuses to familiarize himself, then the document must be sent to him by registered mail with notification.

Order of reprimand for violation of labor discipline -

Neglect of labor discipline is a clear reason for prosecution. This could be absenteeism, being late, or appearing drunk. The most serious punishment is dismissal.

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First you need to understand the basic concepts.

Labor discipline is a set of rules in force at an enterprise. All employees must comply with them. This includes work rules, corporate ethics, labor protection rules, etc.

Also, for educational purposes, a warning order may be drawn up in connection with a violation of discipline. It is issued in cases where the employer has decided not to punish the employee, but to limit himself to an oral warning about the need to comply with the procedure established at the enterprise.

Sample order: warning about violation of labor discipline

Sometimes an employer who has shown loyalty to an offending employee may not draw up a separate order in relation to him, but limit himself to instructions affecting the entire staff.

Sample order on compliance with labor discipline

The citizen must be familiarized with the order and signed within 3 days. A copy of the order is included in the employee’s personal file.

If the employee refuses the request to sign the order, the employer will be required to draw up a corresponding act in the presence of two witnesses.

There is a limited period for imposing a penalty, which is equal to one month from the date of violation. After 6 months, no penalty can be applied.

Express your opinion about the article or ask the experts a question to get an answer

To an employee who, in the course of work, performed his duties improperly or allowed disciplinary violation, the penalty applied is a reprimand. This type impact on workers is documented in in writing.

When starting a job, each employee must undergo a procedure of becoming familiar with their job responsibilities, which are reflected in the instructions. Violation labor activity, internal regulations, as well as other norms and working conditions, entails the application of disciplinary sanctions by the administration of the enterprise. A reprimand to an employee is one of the punishment options. All grounds for its issuance are indicated in the employment (collective) agreement, job descriptions, and other approved work rules that comply with legal norms.

Sample of filling out an order to reprimand an employee

Compilation

An employee who has committed an offense is obliged to provide an explanation of the circumstances under which it occurred. The explanatory note sets out in detail the essence of the violation or improper performance of official duties, as well as the reasons why the incident occurred.

The administration of the enterprise reviews the application submitted by the employee, and the manager makes a decision on the disciplinary measure, since only he has these powers. The document is drawn up in writing, indicating the reasons for the reprimand, the date, place and time of its issuance.

Information about single disciplinary sanctions is not entered into the work record book. If an employee committed several violations for which reprimands were issued followed by dismissal, then the data of the order listing disciplinary sanctions are entered into the work record book.

An employee is reprimanded only in cases where a violation of work process or discipline was committed directly through his fault. An employee has the right to challenge a reprimand if there is every reason to assert that the misconduct was related to independent external factors.

These include force majeure circumstances arising in connection with accidents, natural disasters, fires, government decrees, as well as other events that the employee had no opportunity to influence. When compiling and justifying the factors that led to the violation, it is necessary to submit supporting documents (acts of the fire department, road transport services, certificates of housing and communal services, etc.), which must be attached to the application within 30 calendar days.

In some cases, the head of an enterprise can cancel a disciplinary sanction in force against an employee of the enterprise, with reasoned arguments in favor of his innocence. To do this, an order is issued that cancels the reprimand.

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M.G. Sukhovskaya, lawyer

We announce a reprimand or reprimand

How to correctly apply these disciplinary sanctions to an employee

Of course, it is necessary to influence negligent employees. In particular, with the help of disciplinary sanctions, of which there are only three Art. 192 Labor Code of the Russian Federation:

• comment;
• rebuke;
• dismissal (in strictly prescribed cases by law).

Other penalties no and cannot be. None there severe reprimands or reprimands entered into a personal file.

Attention

Behind one disciplinary offense can only be applied one penalty Art. 193 Labor Code of the Russian Federation.

If you subject an employee to a non-existent penalty and then fire him for repeated misconduct clause 5 art. 81 Labor Code of the Russian Federation, the court may declare the dismissal illegal only on the grounds that the originally imposed penalty is not provided for by the Labor Code. see, for example, Cassation ruling of the Judicial Collegium for Civil Cases of the Orenburg Regional Court dated October 5, 2011 No. 33-6209/2011.

And even more so, fines cannot be applied to employees as a punishment. see, for example, Determination of the Moscow City Court dated June 17, 2010 No. 33-18087, demotion, postponement of vacation and the like. As for the deduction of a so-called disciplinary fine from an employee’s salary, in the event of an appeal against such a penalty, the employer will have to pay the employee all the money withheld along with interest for the delay in payment of wages. Art. 236 Labor Code of the Russian Federation.

For example, for civil servants this is a warning about incomplete job compliance and clause 3, part 1, art. 57 of the Law of July 27, 2004 No. 79-FZ. There are similar penalties for employees of the customs service and internal affairs bodies, and a severe reprimand may also be applied to them. Art. 29 of the Law of July 21, 1997 No. 114-FZ; Part 1 Art. 50 of the Law of November 30, 2011 No. 342-FZ.

WE WARN THE MANAGER

If the labor inspectorate reveals the fact of application to an employee of a penalty not specified in the Labor Code of the Russian Federation, the employer faces a fine Part 1 Art. 5.27 Code of Administrative Offenses of the Russian Federation:

• for a company - 30,000-50,000 rubles;
• per manager - 1000-5000 rubles.

The order itself regarding such a penalty will be required to be cancelled. And if this is not done, then the company and its directors may again be fined for failure to comply with a legal order of the regulatory authority. Part 1 Art. 19.5 Code of Administrative Offenses of the Russian Federation.

In this article we will look at the procedure for issuing penalties such as reprimands and reprimands. But first we want to remind you of this. The employer has the right to apply disciplinary sanctions if the employee fails to perform or improperly performs his duties. Art. 192 Labor Code of the Russian Federation. But these responsibilities must be documented - in employment contract, job description or local normative act(for example, in the internal rules labor regulations), and the employee must be familiarized with them against signature Art. 68 Labor Code of the Russian Federation. In other words, the rule applies here: if the employer has not familiarized the employee with the document setting out his duties, then the employee is released from liability for failure to fulfill them. see, for example, Determination of the Samara Regional Court dated July 30, 2012 No. 33-6996.

Deadlines for applying penalties

In order to reprimand or reprimand an employee, or rather issue an appropriate order, the employer has 1 month from the date of discovery of the disciplinary offense Art. 193 Labor Code of the Russian Federation, that is, from the day the offense became known to the immediate supervisor the offending employee (for example, the head of department a).

Monthly term clause 34 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2:

• extended for the duration of an employee’s illness or while he is on any leave (annual paid, additional, educational, at his own expense, etc.);
• not renewed for days on which the employee was absent from work for some other reason, for example, on additional days off.

WE TELL THE MANAGER

Even if it's obvious What a specific employee has committed a disciplinary offense, he cannot be reprimanded or reprimanded outside the statute of limitations for bringing him to justice disciplinary liability.

At the same time, it will not be possible to issue a reprimand or reprimand if it has been 6 months Art. 193 Labor Code of the Russian Federation. The six-month period increases to 2 years if the misconduct is revealed as a result of an audit or audit (for example, during the inventory, a shortage of goods and materials was discovered due to the fault of the storekeeper).

The mentioned deadlines are restrictive for the employer and cannot be restored. Omission of them excludes the possibility of applying disciplinary sanctions to the employee see, for example, Appeal rulings of the Novgorod Regional Court dated December 11, 2013 No. 2-5088-33-2076; Omsk Regional Court dated 08/07/2013 No. 33-5026/2013.

Disciplinary procedure

STEP 1. We record the presence of certain circumstances that may subsequently be classified as an employee’s misconduct. This can be done by composing:

• a report or memo addressed to the general director;
• act;
• decisions of the commission (for example, based on the results of an investigation into the fact of causing damage to the employer).

Note that the act is the most optimal document, since the facts stated in it will be witnessed by several people (usually three).

If an employee goes to court over an imposed penalty, these are the people who can be witnesses on the employer’s part.

Here is a sample certificate of absence from work.

Certificate of absence from work

dated August 25, 2014 No. 2

We, the undersigned:
N.L. Zotova - Head of HR Department,
K.D. Bushueva - accountant,
IN. Klintsova - manager of the distribution department, -
They drew up this report stating that on August 25, 2014, secretary Natalya Mikhailovna Petrova was absent from her workplace during the entire working day, from 10.00 to 19.00, and it was not possible to contact her by phone.

STEP 2. We require a written explanation from the employee by handing him a corresponding notice.

Limited Liability Company "Character"

Secretary N.M. Petrova

Notification
the need to provide written explanations

Moscow

I inform you that within 2 working days The employee has 2 full working days to provide explanations Art. 193 Labor Code of the Russian Federation, which are counted from the date following the day the corresponding demand was presented to him. Reducing this period is a violation of the employee’s rights and a strong argument for the court in favor of canceling the penalty Determination of the Moscow City Court dated July 6, 2010 No. 33-19977 from the date of receipt of this notice you must submit to me written explanations The employer is obliged to request a written explanation from the offending employee in writing. Art. 193 Labor Code of the Russian Federation. If this is not done, the procedure for imposing a disciplinary sanction will be violated and the penalty applied to the employee will be considered unlawful. see, for example, Determination of the St. Petersburg City Court dated October 3, 2013 No. 33-15303/2013 about the reasons for your absence from work on August 25, 2014 during the entire working day, from 10.00 to 19.00.

WE TELL THE MANAGER

The fact that the employee did not provide a written explanation for his misconduct, does not prevent the employer from bringing him to disciplinary liability and Art. 193 Labor Code of the Russian Federation. And if, as a result of the misconduct, the employer suffered any material damage, then to material liability and Articles 192, 248 of the Labor Code of the Russian Federation.

Further actions of the employer depend on the following:

• <если>the employee has submitted an explanatory note - the manager must decide whether the reason for the misconduct is valid. If the reason is disrespectful, should the employee be punished and (if so) what penalty should be applied to him;
• <если>the employee did not give any explanation - it is necessary to draw up freeform e act of failure to provide or refusal to provide explanations Art. 193 Labor Code of the Russian Federation. And then decide on the issue of bringing the offender to justice.

If the employee immediately refused to give any explanation for his misconduct, there is no need to rush to draw up an act of refusal and issue an order to impose a penalty right on the day the explanation is requested. It is better to wait the 2 working days allotted by law. This way you will deprive the employee of the chance to later claim in court that he was not given the opportunity to change his mind and give an explanation.

Although some courts do not see anything illegal in bringing an employee who refused to “explain” to disciplinary action right on the day when he was asked for an explanation see, for example, Appeal ruling of the Altai Regional Court dated 07/09/2013 No. 33-5006-13; Determination of the St. Petersburg City Court dated 09/08/2010 No. 12408.

STEP 3. We issue an order in any form to announce a reprimand or reprimand. It should briefly describe the offense (the so-called stating part of the order) and refer to all the papers drawn up in connection with this.

Limited Liability Company "Character"

Order No. 11

Moscow

About reprimanding

Due to the absence of secretary Natalya Mikhailovna Petrova on August 25, 2014 at the workplace from 10.00 to 19.00 without good reason based on articles 192, 193 of the Labor Code of the Russian Federation

I ORDER:

For violation of labor discipline (clause 3.4 of the internal labor regulations of Character LLC), declare N.M. Petrova's reprimand.

Applications:
1) certificate of absence from work dated August 25, 2014 No. 2;
2) explanatory note by N.M. Petrova dated 08/27/2014.

I have read the order The employee must be familiarized with the order against signature within 3 working days since its publication. If an employee was absent from work for some reason (was temporarily disabled, was on a business trip, etc.), then the period of his absence freezes the course of this period. In the event that an employee refuses to familiarize himself with the order, a report about this must be drawn up in a free form. Art. 193 Labor Code of the Russian Federation