Reprimand as a disciplinary sanction (nuances). Severe reprimand: conditions and grounds for applying disciplinary action

HR specialists of any enterprise must know exactly the algorithm for how to competently reprimand an employee: a sample of the correct drafting of this document must be clearly worked out by HR officers. How to properly reprimand an employee and how is it documented? Let's try to figure it out.

Reasons and types of penalties

In the system of labor relations between employee and employer, there are several disciplinary measures. For example, a note. How does issuing a reprimand differ from issuing a reprimand to the offending employee? A reprimand is a severe preventive measure. Only after a reprimand can the employee be dismissed, financial sanctions from management (non-payment of bonuses, reduction of other material remunerations, etc.). All this, of course, must take place within the framework of labor legislation and be reflected in the employment contract concluded with the employee, or in the general collective agreement valid within the enterprise.

Giving a reprimand is the same as issuing a serious warning to an employee. In what specific cases can company management and has the right to reprimand a subordinate? The following situations stand out:

• failure to fulfill one's functional duties or their poor performance;
• ignoring the demands of representatives of the management team of the enterprise (both the “head” system and middle management, but located above the department in which the guilty employee works);
• violation of labor regulations;
• failure to complete any important task or assignment;
• systemic delays, delays without proper explanations and visible objective reasons.

This also includes, among other things, ignoring public orders of increased importance.

As a rule, today enterprises have their own special corporate system of relationships. It presupposes its own internal rules and corresponding settings. Violation of them may also be punishable by a reprimand.

Drawing up an order in compliance with current regulations

How to properly document a reprimand to an employee who violates labor regulations?

We begin to draw up a document through which the procedure for issuing a reprimand is documented. This is the appropriate order. Here is an example of how to compile this document.

The full name of the organization is indicated in the header of the order. Just below it is written: “Order No.” and the corresponding number is indicated.

Then, depending on the type of violation, the following is prescribed: “Impose a disciplinary sanction in the form of a reprimand for failure to fulfill functional duties regulated by the employment contract without good reason.” The wording here can be very different, it all depends on the type of disciplinary violation committed by the employee.

For example, if a reprimand is announced because an employee is systematically late for work, you can indicate acts of lateness for work (with recording of specific numbers entered in such acts).

In addition, you can reflect information about the presence (or absence) of a written explanation provided by the employee.

The order is completed by the signature of the head of the enterprise and the signature of the employee against whom the reprimand is issued. The corresponding date is indicated.

What to do with the work record of such an employee? Is it recorded here that such a disciplinary measure was announced against him?

The law explains the following. If such facts are systemic in nature (that is, if reprimands are issued against a given employee on an ongoing basis for objective reasons), then the relevant information is entered into the work record book.

And, on the contrary, when the incident with a reprimand is only an isolated case, the employee’s work record book remains “clean”, the employer does not record in it the single fact of this disciplinary sanction.

Rules for issuing a reprimand

Before reprimanding the offending employee, you should have an educational conversation with him and ask him to provide an explanatory note containing the reasons for non-compliance with certain violated rules.

In a situation where an employee fully admits that he was wrong and guilty, promises to correct the current situation in the near future and provides an explanatory note with specific objective facts, you can postpone issuing a reprimand. But the employee is obliged to provide such an explanation no later than two days after the incident occurred.

Of course, the final decision on whether to issue an appropriate order or not is made by the company’s management or the immediate superior of the offending employee.

The announcement of a reprimand can also be postponed in the case where the employee promptly provided an explanatory note in which he set out in detail the reasons for the incident.

Failure to fulfill official duties due to health reasons (in this case, the document must be accompanied by a corresponding certificate from a medical institution confirming the employee’s words) is considered a serious argument in favor of the employee. In such cases, the reprimand may be withdrawn.

If there is no proper explanation from the employee about the reasons that prompted him to fail to fulfill his functional duties or violate the work schedule, the company management has the right to issue an order to issue a reprimand.

A reprimand is announced only when the violation was actually committed through the fault of the employee. At the same time, he can challenge the management’s decision (reprimand).

It often happens that an employee was initially, even when hired, not informed about the system of disciplinary sanctions that operates within the enterprise. A clear knowledge of the current norms and rules, on the contrary, has the most beneficial effect on the performance of representatives of the workforce and the performance of their functional duties.

When hired, each employee is asked to familiarize himself with the job responsibilities assigned to him, against signature. For improper execution, the enterprise administration may impose various penalties on the employee. One such way of punishing a negligent employee is a reprimand.

General concept

A reprimand is disciplinary action applied to an employee of an organization. Punishment is applied to employees who do not conscientiously perform their official functions. Does not apply to a worker if the failure to perform work was due to the fault of the enterprise.

In order to be able to apply a penalty, the employee, upon signature, familiarizes himself with the basics of work safety, regulatory documents regulating internal regulations, as well as job descriptions defining the scope of his duties and responsibility for non-compliance. He is required to understand that a careless attitude towards work entails disciplinary action.

If the employee was assigned additional functions that were not assigned by the relevant order, then it will be impossible to apply penalties to the employee in the event of their dishonest performance.

It should be understood that the manager is not obliged to reprimand for any misconduct.

The administration may limit itself to other measures of influence:

• verbal remark;
• written remark
• bringing the issue up for discussion among the workforce;
• dismissal.

The use of a reprimand is used in specific cases of serious breach of duty. The employee will be required to provide an explanation for such misconduct. Serious misconduct may result in dismissal. Removal from a position is possible if there are several reprimands, namely two.

In what cases to use a reprimand and when to use a reprimand or other type of punishment determined by the manager, based on the norms of labor legislation and the following circumstances:

1. The extent of the employee's misconduct.
2. The amount of damage caused.
3. Assessment of the circumstances and factors that led to non-fulfillment or improper performance of duties.
4. Work experience at the given enterprise, evaluation of the employee by the immediate superior and the team.
5. The number of comments and violations preceding this offense.

The use of a reprimand has a specific goal is to force the employee to take responsibility for the functions assigned to him. The official must understand that failure to fulfill obligations is fraught with serious consequences, the main of which is dismissal under the article.

According to Russian labor legislation, the employer does not have the right to reprimand for the first inappropriate performance of duties. A remark is made in writing or orally in advance.

In modern labor legislation the terms “severe reprimand” or “reprimand entered into a personal file” have not been preserved. These are general formulations with which strict management scares careless employees.

For what actions can you receive a penalty?

The precursor to the penalty must be specific serious circumstances that occurred through the fault of the employee. They mean illegal acts or inaction, which can be qualified as a disciplinary offense.

The following acts on the part of an employee qualify as unlawful acts:

• failure to comply with direct instructions or orders;
• violation of internal regulations (constant tardiness or absenteeism) without a valid reason;
• improper performance of one's own functional duties or direct refusal to perform them;
• violation of the provisions of an employment or collective agreement;
• failure to comply with the instructions, standards and regulations accepted for execution at the enterprise, violation of generally accepted rules (drunkenness, smoking in unauthorized places, theft, etc.).

When determining the severity of the offense a clear understanding is necessary whether this happened due to malicious intent or negligence. The employee’s attitude towards his misconduct and the degree of awareness of his guilt are very important.

The intention to commit an offense can be judged by the following characteristic features:

1. The employee clearly understood that his action or inaction could lead to negative consequences. That is, he was well aware of the harmfulness of his behavior.
2. A conscious desire to cause harm through one’s actions, a conscious assumption of negative impact and its consequences.

Such offenses are clearly punishable by a reprimand, and if the consequences for the enterprise are serious, by dismissal. In some cases, there may even be criminal liability.

To determine the degree of punishment, the employee’s position when committing the act is important. Due to this intention is divided into:

• straight. The worker knows perfectly well what will happen and deliberately carries out a dangerous impact;
• side. In this case, the employee understands the consequences of his actions, does not take intentional steps, but consciously allows negative consequences to arise.

For collateral intent, punishment is also provided in the form of a reprimand or dismissal from the enterprise.

A less severe punishment is possible if the worker committed an offense through negligence, inattention or frivolity. He could have taken some measures to prevent negative consequences, but did not provide for all the nuances. Perhaps there was not enough knowledge or work experience to assess the real situation. Such actions can be qualified as negligence and will be limited to a remark or verbal suggestion. It all depends on the extent of the damage caused to the enterprise.

The person who committed the disciplinary act must be aware of the illegality of his behavior.

Typically, a reprimand is used in the absence of mitigating circumstances and a valid reason for not performing official duties. The presence of a good reason removes the blame from the employee of the organization.

How to properly reprimand

Application of disciplinary action to an official requires the employer to comply with certain rules:

1. Registration of the fact of improper performance of official duties or evasion of their performance. A specific document is drawn up indicating the offense. (For example, in case of regular absences from work, a corresponding act is drawn up and signed by the head of the department and his employees).
2. Requiring an employee to explain his malicious actions. If the employee refuses to give written explanations for his misconduct, another report must be drawn up.
3. Draw up an order to impose a disciplinary sanction on this person. Present it to the employee for review. If the worker refuses to sign, an accompanying document is drawn up.

Evidence of improper performance of job duties can also be recorded from CCTV cameras, if there are any at the enterprise. The immediate supervisor of a negligent employee can write the name of the director of the organization report on employee misconduct.

Before you compose reprimand order, the employer must clearly see the employee’s guilt, since if the imposition is unlawful, the employee of the enterprise has the right to appeal it.

It is imperative to take into account that You cannot be punished twice for the same offense, for example, simultaneously impose a disciplinary sanction and then fire for the same reason.

Terms of application and limitation periods

The timing of this disciplinary sanction is clearly defined by labor legislation and are no more than one calendar month from the date of discovery of the offense.

The time the employee is on vacation or sick leave is added to the monthly period.

A very important point is to understand that the day the offense was committed and the moment it was discovered may not coincide. Since after identifying an illegal act, it is necessary to identify the employee who committed it, prove the maliciousness of these actions and assess the damage caused.

For example, on March 15, due to the fault of an employee, property was damaged, which was discovered on March 21. Establishing the culprit and the causes of the damage lasted another 10 days - until March 31. Therefore, the calendar month is counted from March 31st.

Very often committing an illegal act is detected not by the organization’s management, but by inspection services: fire, sanitary and epidemiological, tax and others. If a manager intends to impose a penalty on an employee based on the results of an audit, he must clearly define the day from which the monthly period will be calculated.

This day will be considered date of familiarization of the head of the organization with the inspection report. But if the offense was committed more than six months ago, the manager does not have the right to apply disciplinary liability in the form of a reprimand. The only thing he can limit himself to is order for compensation for material damage caused.

The validity period of this censure is a calendar year. The countdown starts from the moment the corresponding order is issued. If the worker commits another violation, a new order is issued and the duration of the punishment is extended.

At the request of management, early termination of the foreclosure is possible. Labor management experts do not recommend reducing it by more than six months.

Consequences for the employee

Blame Data are entered only in the employee’s personal card. That is, they are not included in the work book.

Do not confuse a reprimand with a financial penalty for damage caused - these are different things. This type of disciplinary action has material consequences:

• during the period of validity of the punishment, the punished employee is not subject to the accrual of bonuses and other incentive payments;
• The employee is not entitled to bonuses or other types of financial incentives;
• the presence of a penalty is reflected in the establishment of the qualification level;
• the presence of reprimand may become a pretext for subsequent dismissal.

If the employee has not given any reason for comments or reprimands during the year, The disciplinary sanction will be lifted automatically after 12 months. from the moment it is issued by the order.

If the immediate superior of the offending employee or he himself applies for lifting a penalty against the head of an organization before the expiration date reprimand, it may be withdrawn. Such a decision is made if the violation was one-time in nature and did not cause serious damage to the enterprise.

It should be understood that a reprimand is a serious penalty, after which dismissal under the article is possible. Therefore, the use of such an argument in relation to an employee must be legitimate and correspond to the severity of the violation. Before applying this disciplinary action, it is worth trying to use less severe measures - a verbal reprimand or reprimand.

This video provides additional information about disciplinary action.

The fine is one of the types of punishment for illegal activities. Depending on the category of citizens, penalties can be applied to both the employee and the employer. You should know that a detailed description of the reasons for imposing this type of punishment can be found in the Russian Code on. In addition, there are a number of legislative acts regulating this process.

Imposing a fine on an employee

The Russian articles indicate that What fines are prohibited for an employee to be subjected to?. Among them are:

1. Deprivation of leave;
2. Carrying out work seven days a week;
3. Unlawful retention.

In turn, there is also legal collection of a fine from an employee if he committed a disciplinary act. These include:

• verbal remark;
• written comment;
• announcing a reprimand and recording it in your personal file;
• dismissal under relevant articles.

However, even in this case, when imposing a fine on an employee, according to Article 193 of the Russian Labor Code, the employer must follow a certain sequence of actions.

The procedure for imposing penalties on an employee

The process of imposing and collecting a fine from an employee is as follows. First, the employer is obliged to record and correctly document the fact of the employee’s violation. To do this you need to create:

• act of absence from work - if it is absenteeism or tardiness;
• a memo from the manager - if the official task was performed poorly.

In response, the employee must write a response within two calendar days- an explanatory note indicating the reasons for your illegal behavior in the workplace. In the absence of such a letter, it is necessary to make an appropriate entry in the act.

To impose a fine on an employee draw up an order and sign it by both parties. For one disciplinary incident, one fine must be imposed on the employee.

The only case of punishment in rubles for an employee at an enterprise may be deprivation of bonus, if he has not fulfilled the conditions of internal acts, labor or. However, even in this case, it is prohibited to indicate the reason for deprivation of bonuses in the order of encouragement.

Employer penalties

All in all, employer penalties cannot be expressed in monetary terms, and it is illegal to deprive an employee of part of his salary for failure to fulfill a job assignment. That is why employers should be very careful in this matter so as not to end up in court themselves, since in the event of an illegal collection of a fine from an employee, the organization will have to answer for its actions not only with material means, but also with more stringent measures.

When imposing penalties in the form of dismissal employers need to familiarize themselves with all the features of this process, because the consequences for losing a case in court can be expressed as:

• loss of reputation;
• payment of average earnings for the entire duration of the investigation;
• reducing the general labor discipline of employees.

For that, to find out what other legal fines may be employer, you should contact qualified lawyers. They will easily indicate the rules of the law and help you complete all the paperwork correctly.

If an employee is guilty, but not enough to be fired, this does not mean that his misconduct should go unpunished. There is a special form of responsibility - disciplinary, the function of which is to make a person think about his violation and correct his approach to work in the future. How to properly influence violators of labor discipline, what measures are used for this, what is the procedure for applying disciplinary sanctions, read the article below.

Punishment for wrongdoing

If the manager decides not to fire the offending employee, the law provides him with only two permitted levers of influence:

• comment– the least strict form;
• rebuke– a form of discipline preceding dismissal.

IMPORTANT! The legislation does not allow any lighter or more aggravated forms of disciplinary action, such as “warning of a reprimand”, “reprimand entered into a personal file”, etc.

An exception to this rule is some positions for which there are additional penalties not described in the Labor Code. Civil servants, for example, may receive a warning that they do not fully comply with their position, and customs officers and internal affairs officers, in addition to this, risk being subject to a severe reprimand.

If you want more stringent measures

Alternative measures of influence on guilty employees, not provided for by the Labor Code of the Russian Federation, are unacceptable. For violations of employee discipline, it is not permitted to:

• demote;
• impose a fine;
• reschedule or cancel their vacation;
• withhold part of the salary, etc.

If the labor inspectorate, as a result of an inspection or complaint, reveals any form of punishment for a disciplinary offense, other than a reprimand or reprimand, the employer will receive an order for a serious fine, and the penalty imposed on the employee will have to be removed.

ATTENTION! If money is illegally withheld from an employee as punishment, then upon appeal, the employer will not only be obliged to return it, but also to pay a penalty for the delay in wages.

The only form of punishment more severe than a reprimand and reprimand is the dismissal of the offending employee, if the reason for this is sufficient.

What can you “reprimand” for?

The employer chooses punishment (disciplinary liability) that is appropriate to the offense. There are certain official duties that must be performed properly; non-fulfillment or not fulfilled to the fullest extent and quality is considered a violation. Inaction is also punishable when the job function requires activity. A violation will also be disrespect for the rules of internal labor discipline and routine. It is these forms of behavior that are meant by a disciplinary offense (Article 192 of the Labor Code of the Russian Federation).

Those rules, the violation of which may entail liability, must be documented in the job description, employment contract or internal regulations.

FOR YOUR INFORMATION! The rules written out in the listed documents are binding only if the procedure for familiarizing the employee with them has been carried out, which is confirmed by his signature.

For example, if a person is late for his shift, while the work schedule is posted in the lobby, this cannot be officially recognized as a violation, because no one obliges employees to familiarize themselves with the materials posted on the walls. But if the worker signed the words “I have read the schedule,” the resulting liability will be legitimate.

Reasons for reprimand:

• being late to start work or after a break;
• absence on site;
• refusal to undergo safety training or medical examinations;
• appearing in an indecent state;
• embezzlement, damage, theft of company or employer property;
• failure to comply with management orders;
• violation of labor functions.

Seven troubles - one answer?

One violation – one disciplinary sanction. An employee cannot suffer two punishments for the same offense, for example, receive a reprimand before dismissal.

If the violation was accompanied by damage to the company’s property or another act for which financial liability is imposed, then in addition a reprimand (as well as dismissal) may be applied.

Disciplinary and material responsibility are two non-overlapping areas.

Time to discipline the offender

The employer has one month from the day the violation was reported to him to decide whether certain measures are necessary.

If the culprit falls ill during this month or goes on vacation of any kind, these days are added to the period allotted for disciplinary measures. But when additional days of rest are provided by the state, for example, holidays or weekends, the monthly period is not extended for this time.

If the immediate supervisor has not learned about the misconduct for more than six months, no matter what circumstances emerge in the future, the statute of limitations is considered to have passed, and the perpetrator can no longer be reprimanded.

IMPORTANT! The period for detecting a violation is extended to 2 years if the violation was discovered as a result of an audit or audit.

How is a reprimand given?

To eliminate possible problems associated with the disagreement of the punished employee, the employer should strictly adhere to the legal procedure.

NOTE! If a reprimand is received unlawfully, in violation of the procedure, and then, as a result of the next violation, the employee is fired, as permitted by the Labor Code, the legality of the dismissal can be successfully challenged.

5 steps to a reprimand

1. Recording the circumstances of the offense. It must be written: an act, an official or report, a conclusion of a special commission. The signatures under these documents indicate that the indicated fact actually took place.
2. Requirement for explanatory. In order to qualify a fact as worthy of a reprimand, you need to demand an explanation from the offender for his behavior. To do this, he is given a written requirement that he must write an explanatory note within 2 days. The employer's further steps depend on the employee's response to this requirement.
3. A) The employee wrote an explanatory note. Based on its results, the employer decides whether the culprit deserves a reprimand or other penalty.
   B) The employee refused to explain or did not provide it after 2 days of waiting. In this case, an act is drawn up with 2 signatures indicating a refusal to give explanations. Further, it is lawful to impose a penalty.

   ADVICE! If an employee immediately refuses to write an explanatory note, it is better to wait the required two days to issue a reprimand: the offender may change his mind, and if he is deprived of this right by immediate punishment, this may testify against the employer in court proceedings.

4. Edition. The form is arbitrary, but it is mandatory to have a description of the offense and links to all accompanying papers (act or report, explanatory note or lack thereof).
5. At the initiative of the employer a record of the reprimand is entered into the personal card employee. In many organizations, the relevant local acts stipulate that the payment of bonuses depends on whether the employee has any penalties.

NOTE! Information about reprimands is not required to be included in the work book (Article 66 of the Labor Code of the Russian Federation).

Repented, improved

If a year has passed and no new records of penalties have been added, the heavy burden of punishment is automatically removed.

IMPORTANT! If 365 days have not yet passed, and labor discipline is again violated, this may become a legal basis for dismissal.

If the employer decided before the expiration of the one-year period that the employee had reformed (whether he made such a decision himself, or the punished person requested this), the reprimand can be lifted early. To do this, it is enough to issue an appropriate order. After it comes into force, it is considered that the employee has no disciplinary sanctions.

Negligent employees are a headache for any manager. Even as the owner of your own business, you cannot punish your employees as you please; this issue is quite strictly regulated by law. Current labor legislation allows that an employer has the right to apply disciplinary sanctions to an employee for committing an offense. The Labor Code establishes both the types of punishments for offenses (reprimand and reprimand) and the procedure for their application.

Disciplinary sanction: types and grounds for imposition

So, the employee has committed an offense for which the employer intends to punish him. First you need to decide on the type of influence used. There are the following types of disciplinary sanctions, in increasing severity of punishment: reprimand, reprimand, as well as dismissal of the perpetrator on appropriate grounds. The right to choose a specific penalty belongs to the employer. But not just any disregard of requirements can result in disciplinary action being taken against an employee.

The legislator interprets a disciplinary offense as the failure or improper performance by an employee of the labor duties assigned to him through his fault (Article 192 of the Labor Code of the Russian Federation).

A disciplinary offense is a type of offense committed within the framework of labor relations. Only such actions or inactions of an employee that are directly related to the performance of his job duties can be recognized as such.

The employer has the right to independently choose the punishment for a late employee, the main thing is that it is proportionate and within the framework of the law

For example, an employee’s refusal to accept a public assignment or participate in a cleanup day, as well as ignoring instructions from management that are not related to the employee’s job function, cannot be considered a disciplinary offense. You cannot be punished for refusing to go to work on a day off, since involvement in such work can only be carried out with the consent of the employee. The use of profanity, insults to colleagues and other similar actions can be regarded as a disciplinary offense only in cases where such actions are expressly prohibited by the internal labor regulations of the organization.

For failure to fulfill job duties, disciplinary liability can only follow when this particular duty is directly indicated in a regulatory document - an employment contract, job description, labor protection instructions, order, etc. - and the employee was familiarized with this document against receipt.

Grounds for penalties: violation of internal labor regulations and failure to fulfill official duties

The law classifies the following acts as gross violations:

• absenteeism (absence from work for more than four hours);
• showing up at work while intoxicated;
• violation of labor protection requirements resulting in serious consequences
• some others, the single commission of which may entail dismissal on appropriate grounds.

Naturally, in such cases, the application of such a penalty as a reprimand to the guilty employee, even by the most humane court, will be recognized as justified and proportionate. But the use of a reprimand for minor offenses, for example, if an employee is 5-10 minutes late (unless, of course, this entailed negative consequences for the employer in the form of a stoppage of the conveyor belt or a crowd of angry customers at the store doors) can hardly be considered justified, and in In this case, we can limit ourselves to a remark.

In addition, it is worth paying attention to the attitude of the employee himself towards the offense committed, in particular, what he wrote in his explanatory note. As judicial practice shows, in cases where the punished employee indicated that he realized the offense and repents of committing it, the courts consider it possible to impose a less severe penalty on him.

Video: how to punish an employee according to the law

Is it possible to deprive a bonus for violation of discipline?

The use of a reprimand or reprimand is not directly related to the payment of bonuses to the employee. However, if the existing bonus regulations in the organization provide for the possibility of deprivation of a bonus in the event of an employee violating his work duties, then the employer can exercise this right. The bonus from the offender may be withdrawn in whole or in part. The rule stating that only one penalty can be imposed for each offense is not applicable in this case, since deprivation of a bonus does not apply to disciplinary sanctions.

Also, an employee who has been reprimanded or reprimanded may be deprived of any benefits provided in accordance with the collective agreement or other local regulations of the employer - vacation packages, one-time remuneration or gifts. But only if the failure to provide such benefits to employees who have a disciplinary sanction is expressly provided for by the relevant regulatory act.

But such a popular measure of influence on violators of labor discipline in Soviet times, such as transferring vacation to the autumn-winter period, cannot be applied under current legislation.

The procedure for applying a reprimand or reprimand

In order for the imposition of a disciplinary sanction to be legal, it is not enough to have grounds for punishment - it still needs to be properly formalized. Before applying a penalty, a written explanation must be requested from the employee. He writes it in any form; you just need to pay attention to the presence of the necessary dates - the commission of the offense and the writing of an explanatory note - and the personal signature of the employee.

General Director of Romashka LLC

Vasiliev A. A

assembly shop electrician

Ogurtsova I. I.

EXPLANATORY

I, Ogurtsov I.I., did not go to work on October 12, 2016, because I drank a lot of beer the day before and was unable to get up for work. I admit my guilt and promise not to drink too much beer anymore.

10/14/2016 (signature) I. I. Ogurtsov

If a written explanation is not provided by the employee after two working days, then a corresponding act is drawn up in any form. Such an act is signed, as a rule, by three people - the official who requested the explanatory note, and one of the employees.

Who has the right to reprimand or reprimand

The right to impose a disciplinary sanction rests with the head of the organization or another person authorized by him (as a rule, this is the HR director). Therefore, in large organizations with a large number of employees, it is advisable to attach to the draft order of punishment not only an explanatory note from the employee, but also a report from his immediate supervisor. In it, the boss informs about the fact of the violation, and also expresses his opinion about the subordinate’s offense and the possible punishment, taking into account the employee’s previous behavior and his attitude to work.

Drawing up an order to announce a reprimand or reprimand: rules for drafting, samples and examples

An order to impose a disciplinary sanction may be issued no later than one month from the date the misconduct was discovered, not counting the time the employee was ill or on vacation. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of commission. (Article 193 of the Labor Code of the Russian Federation).

The order must contain information about the nature of the offense and the norms that the employee violated.

Limited Liability Company "Romashka"

No. 221-p “On the imposition of disciplinary sanctions”

On October 12, 2016, the electrician of the installation shop, Ogurtsov I. I., was absent from work during the entire work shift without good reason, which is a violation of clause 4.1 of the internal labor regulations of Romashka LLC. Based on the above, I ORDER: 1. To reprimand the installation shop electrician I. I. Ogurtsov for violating clause 4.1. PVTR LLC "Romashka" 2. 10/12/2016 is considered absenteeism and not paid. Reason: explanatory note from the employee, report from the shop manager

General Director (signature) A.A. Vasiliev

I have read the order: (signature) I. I. Ogurtsov, 10/21/2016

An order to impose a reprimand or reprimand is presented to the culprit against receipt within three working days from the date of its issuance (not counting the time the employee is absent from work). If he refuses to familiarize himself with the order against receipt, a corresponding act is also drawn up.

Are records of penalties entered in the employee’s work book?

Information about disciplinary sanctions, unlike some types of incentives, is not entered into the employee’s work book. If within a year from the date of the reprimand or reprimand the employee is not subjected to a new disciplinary sanction, then he is considered not to have such penalties.

Can an employee appeal a disciplinary sanction?

Art. 192 of the Labor Code directly states that when imposing a disciplinary sanction, the severity of the offense and the circumstances under which it was committed must be taken into account. And according to the Supreme Court of the Russian Federation, it is also necessary to take into account the employee’s previous behavior and his attitude towards work. This means that the general principle of proportionality of punishment to misconduct in labor relations must also be observed, since failure to comply with this principle may entail recognition of the order of punishment as illegal.

As the Plenum of the Supreme Court of the Russian Federation notes in its Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, it is the employer who is obliged to prove compliance with the general principles of legal, and, consequently, disciplinary responsibility - such as justice, equality, proportionality, legality, guilt, humanism.

Also, when choosing a punishment, the employer should remember that the court does not have the right to replace one type of disciplinary sanction with another, less severe one. Having come to the conclusion that the imposed penalty is disproportionate to the offense committed, the court will simply recognize the order of punishment as illegal and cancel it. And it is quite possible that compensation for moral damage will also be recovered from the employer in favor of the employee. And as a result, the offender will not only avoid deserved punishment, but, in fact, will be encouraged. Therefore, the choice of measure should be approached as carefully and objectively as possible, without unnecessary emotions. And if the same violation is repeated, the sanctions may become more stringent.

Video: labor disputes for a manager (how to act to drop charges and win in court)

Actions of the employee to appeal

If an employee does not agree with the imposition of a disciplinary sanction on him, he can appeal this order to the state labor inspectorate, a labor dispute commission (if the organization has one) or in court. An employee has the right to apply for resolution of an individual labor dispute within three months from the day he learned or should have learned of a violation of his rights. When appealing a punishment order, the three-month period will be calculated from the date the employee becomes familiar with it. The employer will have to prove the legality of the penalty.

It is worth noting that much more often employees appeal against orders for disciplinary action in cases where, in addition to a reprimand or reprimand, there was deprivation of bonuses, in whole or in part.

Removal of disciplinary action

There are situations when an employee, after receiving a reprimand or reprimand, reconsiders his behavior and tries with all his might to make amends with good, or even simply excellent work. In this case, before the expiration of a year from the date of application of the disciplinary sanction, the employer has the right to remove it by order on his own initiative, at the request of the employee’s immediate supervisor or trade union, as well as at the request of the employee himself. It does not matter how much time has passed since the date of application of the penalty.