Disciplinary action is a punishment imposed on a military personnel or employee in case of violation of established disciplinary norms. If you need to know exactly what you will encounter, you should familiarize yourself with the question in detail. Everything related to collection is considered in Article 192 of the Labor Code of the Russian Federation.

Types of disciplinary action

Disciplinary action is a common measure officially adopted in accordance with the law. There are several species with their own characteristics. Having become acquainted with them, a person will learn the details of the possible consequences of a particular violation:

Comment

A reprimand is the simplest way of punishment from a boss or supervisory authority. In this case, collection occurs verbally, so it rarely entails serious consequences. Typically, such a penalty is a preliminary action, after which you will have to face a fine or dismissal.

A reprimand remains the simplest measure, so it is issued even for minor offenses, for example, being late.

Rebuke

A reprimand is a serious reprimand made in writing. Usually its appearance entails strict enforcement measures or “entering into a personal file.” This indicates a long validity period, so it will not be possible to remove it freely.

Here is a sample order to issue a reprimand:

In practice, such a punishment cannot be called weak, because depending on the offense, a fine is issued, or a demotion in position and rank occurs.

The reprimand is not resolved in a short time. This requires special conditions, as well as the mandatory absence of violations for a long time. Otherwise, management will increase the punishment, if necessary, going as far as dismissing the employee.

Dismissal

Dismissal is a categorical punishment from management. Such decisions are made in cases of serious violations of discipline or complete failure to comply with all instructions. Moreover, it is almost impossible to refute the decision, even using your own rights specified in the legislation of the Russian Federation.

Dismissal becomes the final measure of punishment. Such disciplinary action results in loss of employment and is supported by documented reasons. In such cases, it will not be possible to get away with a fine, no matter how much the employee insists on it, which is directly related to the seriousness of the reasons that led to the dismissal.

Procedure for applying disciplinary sanctions

It is described officially, and its details can be clarified in Article 193 of the Labor Code:

• The employer establishes the fact of a disciplinary offense by receiving a report containing the facts of the violations committed.

The administration is obliged to take into account not only the act committed, but also the circumstances that caused such actions;

• Before imposing any disciplinary sanction, you should require the employee to explain in writing:

• The employee has the right to refuse to disclose the reasons that led to the misconduct, after which a detailed report will be drawn up according to the sample:

• The decision on disciplinary action takes into account the decision of the trade union committee or other body representing the rights of employees. Disciplinary action may be imposed on the basis of criminal proceedings;
• The punishment is imposed exclusively in the form of an order and must be brought to the attention of the employee against signature within 3 days:

• The employee does not want to sign the notice, then the procedure for filling out the corresponding act is carried out.

Administration decision

Most often, disciplinary action is removed by decision of the administration. The reason may be the wrongness of the chosen method of punishment or the length of service of the employee. It’s rare that management wants to continue to punish an employee until the end of the term, so they use measures solely to intimidate the team.

If the administration makes a decision, the disciplinary sanction is lifted ahead of schedule, and the corresponding order is issued:

The employee is notified of this, but he should not commit the same offenses in the future, otherwise the sanction may be increased. An excellent example is dismissals after 3-4 late arrivals to the workplace.

Trade union committee decision

When issuing a disciplinary sanction, the decision of the trade union committee is also taken into account. It can also be used for early removal of a sentence. Such actions became possible after amendments were made to the Labor Code, where official representatives appeared responsible for the rights of employees. You can now seek help, which will be provided after a new review of the case.

The decision of the trade union committee is a complex issue. Until now, it is issued taking into account the wishes of management, so it does not always turn out to be correct. Most often, employees do not even try to contact the relevant authorities, although their support is indicated in the legislation of the Russian Federation.

Duration of disciplinary action

Disciplinary action can only be applied within 1 month from the day the violation was established. However, during this period the following intervals are not taken into account:

• sick leave;
• vacation pay;
• time required for agreement with the trade union.

This penalty cannot be applied within the following periods:

• After 6 months from the date of the disciplinary offense.
• After 24 months from the date of commission of the offense identified as a result of relevant checks.

These deadlines do not take into account the time it will take to conduct a criminal case (if it is opened).

Appealing a disciplinary sanction

An employee may appeal a disciplinary sanction if he does not agree with such a decision. To do this, he must contact the State Labor Inspectorate, the labor dispute commission or the court, drawing up the appropriate act according to the sample:

The petition should be drawn up as truthfully as possible, otherwise, if facts of fraud are established, the punishment may be increased.

You can file an appeal within 3 months from the date of the order. However, this period is reduced to 1 month if the result of the disciplinary sanction is dismissal.

There can be many reasons for an appeal, including:

• the order for collection was executed incorrectly;
• the penalty was issued in violation of the deadlines;
• the punishment was imposed while the employee was on sick leave or on vacation;
• the employee did not receive notice of the request.

After approval of the appeal, the body that made such a decision is obliged to take strict action against the head of the organization. The reason for this will be confirmation of the illegality of the actions.

Video: Disciplinary action in the workplace

The issue of disciplinary action will be fully discussed in the following video:

The procedure for making a decision requires detailed consideration at various levels. Disciplinary sanctions are drawn up only in writing, supported by the necessary documentation. There are certain validity periods, as well as instruments of influence for early removal of punishment.

Violations of labor discipline or dishonest performance by employees of their duties are phenomena that organizational leaders have to deal with quite often. You will read about what types of disciplinary sanctions exist in the Labor Code of the Russian Federation and what the procedure for their application is in our article.

Cases of violation of labor discipline in any organization must, of course, be suppressed, and offenders, in turn, must bear disciplinary responsibility. As practice shows, many managers of commercial companies have a rather subjective attitude to the punishment of an offending employee, without taking into account the circumstances and severity of the offense committed. In addition, organizations often operate an opaque system of both fines and rewards, which is not documented, and punishments are imposed on employees literally “in words”, without appropriate documentation. There are also managers who completely abuse the issuance of disciplinary sanctions, thereby manipulating their subordinates, thereby fundamentally violating labor legislation.

Important! Any disciplinary punishment applied on illegal grounds may be appealed by the employee in court.

Types of disciplinary sanctions

The Labor Code of the Russian Federation provides for the application of three main types of disciplinary sanctions:

• comment,
• rebuke,
• dismissal on certain grounds.

Other types of penalties (for example, fines, depreciation and others) can be applied only if they are prescribed in the regulatory documents of the organization.

The application of disciplinary sanctions not provided for by legislative acts and regulations on discipline is not permitted!

In addition to the main types, disciplinary sanctions also include dismissal on the basis of a negative action (for example, absenteeism, gross or systematic violation of discipline, disclosure of secrets protected by law, theft in the workplace and others, Article 81 of the Labor Code of the Russian Federation).

When can disciplinary action be taken?

The main cases of application of disciplinary sanctions are defined in Article 192 of the Labor Code of the Russian Federation - this is the failure to fulfill or dishonest performance by an employee of his official duties, prescribed in the document with the personal signature of the employee. However, disciplinary sanctions may be applied in the following cases:

1. the employee commits an action not permitted by the organization’s regulatory documents;
2. violations of job description;
3. violation of labor discipline (absence from the workplace, repeated tardiness, etc.).

In addition to the above penalties, Federal laws provide for:

• for employees of the state civil service of the Russian Federation:
  • warning about incomplete job compliance;
• for military personnel:
  • severe reprimand;
  • deprivation of an excellent student badge;
  • warning about incomplete professional compliance;
  • early dismissal due to failure to fulfill the terms of the contract;
  • reduction in military rank;
  • reduction in military rank;
  • deduction from military training;
  • expulsion from a military educational institution of vocational education;
  • disciplinary arrest.

Procedure for applying disciplinary sanctions

The imposition of a disciplinary sanction is a procedure consisting of several stages: 1. Drawing up a document to detect the fact of a disciplinary offense (act, memorandum, decision of the disciplinary commission). 2. Request from the offending employee a written explanation indicating the reasons for his misconduct. If an explanation is not provided within 2 days, this fact is recorded by drawing up a report.

Important! An employee’s refusal to give a written explanation cannot serve as an obstacle to applying a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation).

3. The manager makes a decision on guilt and imposition of disciplinary punishment against the employee who committed the offense. At this stage, all provided materials are assessed, all circumstances that can mitigate the guilt and the severity of the offense are taken into account. The insufficiency of evidence regarding the commission of a violation does not give the manager the right to apply any disciplinary sanction, since the labor rights and freedoms of an employee who does not have the opportunity are violated (Article 2 of the Labor Code of the Russian Federation).

In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation gives the employer the right to apply a disciplinary measure or limit the punishment by some means of educational and preventive influence.

4. Creation of an order for the imposition and execution of a disciplinary sanction. The contents of the administrative document must contain complete information about the employee, including place of work and position, the fact of violation with reference to regulatory documents, a description of the violation establishing the guilt of the violator, the type of penalty, and the grounds for the penalty. The completed order is delivered to the employee against signature within 3 working days. If the guilty employee refuses to familiarize himself with the order under his personal signature, a corresponding act is drawn up (Part 6 of Article 193 of the Labor Code of the Russian Federation). Please note that information about the presence of a reprimand or remark is not entered into the employee’s work book.

For the same disciplinary offense, an employee can be punished with only one disciplinary sanction.

Terms of application of disciplinary sanctions

A disciplinary sanction can be applied no later than 1 month from the moment the fact of a violation is established. This period does not include the time the employee is on sick leave, on vacation, or the time allocated to take into account the opinion of the trade union organization. Disciplinary action cannot be applied within the time limit:

• later than 6 months from the date of the violation;
• later than 2 years from the date of commission at the time of receipt of the results of the audit or audit;
• later than 3 years for failure to comply with restrictions and prohibitions, failure to fulfill obligations established by the legislation of the Russian Federation on combating corruption.

An administrative document (order) on imposing a disciplinary sanction is presented to the guilty employee against signature within 3 working days. An employee who has committed an offense has the right to appeal the decision to apply a disciplinary sanction to the state labor inspectorate and the relevant authorities for individual labor disputes. Before the expiration of 12 months, starting from the moment of issuance and application of a disciplinary sanction, the employer has the right to remove it from the employee on his own initiative, at the request of the employee’s immediate supervisor or his representative body. Early lifting of a disciplinary sanction is formalized by an appropriate order, familiarized with the employee's signature.

If, within 12 months from the date of application of the disciplinary sanction, the employee does not commit new offenses with the imposition of a disciplinary penalty, then he will be considered as having no disciplinary sanctions (based on Article 194 of the Labor Code of the Russian Federation).

Not only executive employees, but also heads of organizations subordinate to the main employer are subject to disciplinary liability (Article 195, Part 6 of Article 370 of the Labor Code of the Russian Federation). The latter is obliged to consider an application from a representative body of workers entitled to monitor compliance with labor legislation (most often these are trade union committees) about violations of legislative and labor acts by the head of the organization or his deputies, and report the decision made. If violations are confirmed, the employer is obliged to apply disciplinary sanctions, including dismissal, to the guilty persons holding management positions.

Consequences arising from the imposition of a disciplinary sanction

In accordance with Art. 81 part 5 of the Labor Code of the Russian Federation, if a repeated violation is detected during the validity period of an earlier disciplinary sanction, the employer has the right to dismiss the violator. Also, if there is a disciplinary sanction, the employer has the right to deprive the employee of any incentive payments (provided that this is provided for by the regulatory documents of the organization), as well as deprive the person responsible for the violation in whole or in part (deprivation of bonus payments is not a disciplinary punishment).

Responsibility of organizations for violation of the procedure for applying disciplinary sanctions

A punished employee has the right to file a complaint against the decision of his employer to the labor dispute review inspectorate, on the basis of which employees of the relevant body have the right to conduct an inspection of the organization in order to establish the legality of applying a disciplinary sanction and compliance with the order in its execution. If violations on the part of the organization are revealed, the penalty imposed may be declared invalid, and the management of the organization may be subject to disciplinary action. If an employee is dismissed, the latter has the right to apply for reinstatement through the court and receive compensation from the employer for forced absences from work and moral damages. In turn, for the illegal application of a disciplinary sanction, the employer will have to pay the costs associated with the court and inspections by the labor inspectorate, as well as penalties imposed by a court decision. In addition, unlawful actions by the head of an organization can lead to a loss of authority among other employees and significant damage to their business reputation.

Article 192. Disciplinary sanctions

For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal for appropriate reasons.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for points 5, 6, 9 or 10 part one of article 81, paragraph 1 of article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of the first part of Article 81 of this Code in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by an employee at the place of work and in connection with the performance of his job duties.

Not allowed application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline.

When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

Article 193. Procedure for applying disciplinary sanctions

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from day of discovery misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees.

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 its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

12 Characteristics of the grounds for dismissal of an employee

Agreement of the parties. On this basis, any type of employment arrangement can be annulled. This requires not only the consent of the employee, but also obtaining permission from the head of the organization.

The employment contract has expired. The contract, which was concluded for a short period of time until the moment when the absent worker takes up the position, is canceled. The situation is the same with a seasonal work agreement. The employee must be informed in writing no later than 3 days before the end of the contract (except for termination of a fixed-term contract).

Cancellation of a contract at the initiative of the worker himself.

Transfer of an employee to another position in another company at his request or after receiving his consent to do so.

Disagreement to work in an organization if its subordination has been changed or reorganization has been carried out. Dismissal must occur no later than 3 months after ownership arose. If the employee is satisfied with everything, he can continue to perform his job duties.

Cancellation of the contract at the request of the head of the company.

If an employee refuses to perform his direct labor duties due to the fact that the terms of a previously concluded employment contract have been changed in some way.

The employee refused to be transferred to another position if such a transfer was necessary for him due to health reasons, and the current employer does not have the necessary conditions.

Refusal of a worker to perform his functions if the employer has been moved to another location.

If the rules for concluding an employment contract were violated, as a result of which further performance of job duties is impossible.

Violation of labor discipline by an employee and failure to fulfill his duties. This may include: absenteeism without a valid reason; showing up at the workplace while intoxicated, for which there is evidence; disclosure of official secrets, as well as violation of safety regulations by employees (which in turn led to grave consequences).

If an employee is not suitable for the position he occupies due to an insufficient level of qualifications. This must be confirmed by the results of the employee’s certification.

The employee will be laid off (if he does not belong to the category of people whose layoff is prohibited by law). This may be fraught with the application of various penalties to the employer who allowed this. All employees must receive notice of layoffs in writing 2 months before dismissal.

Labor relations are regulated, as is known, by the Labor Code. When applying for a job, the applicant and the employer enter into an agreement. The document specifies the basic working conditions of the employee. The contract also establishes the obligations and rights of the parties.

By concluding an agreement, the employee voluntarily undertakes to comply with the norms of labor legislation and the provisions of local documents. If they violate them, he faces disciplinary action. In the Labor Code of the Russian Federation contains a special rule establishing the grounds and general conditions for applying sanctions to the guilty person - Article 192. Let's consider its features.

General information

According to the above Article of the Labor Code of the Russian Federation, disciplinary action may be charged to an employee who has violated the provisions of the law or other regulatory documents. A violation can be expressed either in non-fulfillment or in improper performance by an employee of professional duties due to his fault.

Types of disciplinary sanctions under the Labor Code of the Russian Federation

The employer may choose one of the following sanctions:

• Comment.
• Rebuke.
• Termination of the contract (if there are grounds).

Federal laws, regulations on discipline, charters may provide for certain categories of employees and others not covered by Art. 192 Labor Code of the Russian Federation disciplinary action. Norm must be applied taking into account the provisions of Art. 81.

Features of the norm

According to Labor Code of the Russian Federation, to disciplinary sanctions applies to dismissal on the grounds established in Art. 81 (5, 6, 9, 10 clauses of part 1), 336 (clause 1), 348.11, as well as those provided for in clauses 7.1, 8, 7 of part one 81 of the norm, if the employee’s guilty actions give rise to a loss of confidence in him or he has committed an immoral act in the place and within the framework of his work activity.

The use of sanctions that are not established in federal legislation, regulations and charters is not permitted.

According to Art. 192 Labor Code of the Russian Federation, disciplinary sanctions should be imputed only after assessing the gravity of the offense and analyzing the circumstances in which the perpetrator committed it.

What is a disciplinary offense?

It should be understood as a culpable, unlawful failure or improper performance by an employee of the duties assigned to him in accordance with the contract, law and other regulations (including local ones) acts.

A misdemeanor can be expressed in violation of regulations, company rules, job descriptions, employer orders, technical rules, and so on.

Guilt

Failure to perform/improper performance of duties will be considered guilty if the citizen acted negligently or intentionally.

Imposition of disciplinary sanctions under the Labor Code of the Russian Federation is not allowed if the corresponding violations were committed due to circumstances beyond the control of the person. For example, an employee did not fulfill his duties due to the lack of necessary materials for work, due to loss of ability to work, etc.

Illegality

The illegality of an employee’s behavior (inaction/action) is expressed in its non-compliance with the requirements of the law and other industry regulations.

On this issue, an explanation was given by the Plenum of the Supreme Court in Resolution No. 2 of 2004. The Court indicated that an employee’s refusal to perform a production task when a threat to his life/health arises in connection with the elimination of the corresponding danger cannot be regarded as a misdemeanor.

The behavior of a person who refuses to perform hard work or in dangerous/harmful conditions, if they are not provided for in the contract, will also be recognized as lawful. Exceptions can only be established by federal law.

Nuances

Due to the fact that the Labor Code does not contain provisions prohibiting the exercise of the right to such a refusal, in cases where the performance of the relevant tasks is conditioned by a transfer on the grounds set out in Article 72.2, the citizen’s refusal to transfer should be considered justified.

Failure to comply with the employer’s order to go to work before the end of the vacation cannot be regarded as a violation of discipline. The law does not provide for the right to call an employee early without his consent. The employee’s refusal to comply with such an order (regardless of the reason) should be considered lawful.

Types of discipline violations

As a misdemeanor for which one may be charged disciplinary action under the Labor Code of the Russian Federation, only such culpable unlawful behavior can occur that is directly related to the performance of professional duties. A person’s refusal to carry out a public order or failure to comply with the rules of behavior in a public place cannot be considered a violation.

Violations of discipline at the enterprise are considered:

• Absence of a citizen without good reason from the workplace or work in general.
• Evasion/refusal to undergo a medical examination, special training, certification, exams on health and safety, equipment operating rules, if these procedures are a prerequisite for admission to production activities.
• Refusal without good reason to conclude an agreement on financial liability, if service with valuables constitutes the main job responsibility of the person and was agreed upon when he was hired at the enterprise, and the specified agreement can be concluded with the citizen, in accordance with the provisions of the law.

Art. 81 Labor Code of the Russian Federation

Disciplinary action may be used in connection with:

• Repeated failure by a citizen to perform his labor functions without a good reason in the presence of a penalty.
• One-time gross failure (violation) of duties.
• Acceptance by the director of the enterprise (structural unit), his deputy, ch. an accountant of an unjustified decision, the execution of which resulted in a violation of the safety of valuables, their illegal use or other property damage.
• Gross violation of professional duties by the manager or his deputy, committed once.

In addition to those installed in Labor Code of the Russian Federation for disciplinary sanctions sanctions are provided for in sectoral federal laws. For example, Federal Law No. 90 allows for the dismissal of a teacher due to a gross violation of the charter of an educational institution, repeated within a year.

Exceptions

Given in Art. 192 the list is considered exhaustive. The application of any other penalties not provided for in the article is not permitted. For example, it would be unlawful to transfer an employee to a lower-paid position or collect a fine as a sanction for violations.

Exceptions are allowed in cases expressly provided for by law. For example, Federal Law No. 79 provides that a civil servant, in addition to the penalties established by Article 192 of the Labor Code, may be given a warning about incomplete compliance with the position held.

Rules for applying sanctions

They are fixed Art. 193 Labor Code of the Russian Federation. Disciplinary action may be charged only after receiving an explanation from the employee who committed the violation. They are provided in writing. The employee is given 2 days to draw up explanations. If at the end of this period no explanations are provided, the employer must draw up a corresponding report.

It must be said that failure to provide an explanation is not considered an obstacle to the application of sanctions to those responsible.

Deadlines

They are also mentioned in norm 193 of the Labor Code of the Russian Federation. The time limits for disciplinary action are set as follows:

• The sanction is applied no later than 1 month. from the date of discovery of the violation. This period does not include the days the employee is on vacation, temporary disability, as well as the time allotted for taking into account the conclusions of the trade union.
• The sanction cannot be applied after 6 months. from the date of the violation, and based on the results of the audit, audit inspection, inspection of financial and economic transactions - after two years. These time limits do not include the time of criminal proceedings.

For each violation, the perpetrator may be subject to only one sanction. Otherwise, his constitutional rights will be infringed.

Disciplinary responsibility of an employee is a natural and legal way of maintaining necessary relations in the work team. The concept and types of disciplinary liability of employees are standardized by law, regardless of the form of ownership of the enterprise. The principle of impact must be clear and definite - the truly guilty person must be punished, and the employee has the right to challenge such a decision. Properly organized discipline management in a work team is the key to healthy relationships within it and the effectiveness of solving production problems.

The essence of responsibility

In a general understanding, disciplinary liability is defined as a legally justified disciplinary punishment for failure to fulfill or insufficient fulfillment of official obligations and for committing a disciplinary offense. Current laws governing labor relations distinguish two main types of such liability. The general variety is justified by the provisions of the state Labor Code. A special type is formed for certain categories of people and is determined by statutory articles and industry regulations.

When drawing up an employment agreement (contractual obligations or contract) with an organization, a person voluntarily assumes obligations that have a legally established basis. In case of non-compliance with the undertaken obligations, both in terms of fulfilling professional duties and in terms of fulfilling the established internal procedure, disciplinary measures may well be applied to the employee in the form of penalties or punishment, which are determined by the current clauses of the laws or the concluded employment agreement. The legal validity of punishment does not depend on the form of ownership of the enterprise.

Reasons for imposing disciplinary liability

Disciplinary liability should be brought only after an employee of the enterprise has actually committed an offense of a disciplinary nature, i.e. when the person is actually guilty. Failure to perform or incorrect performance of duties are considered violations of labor regulations established at the enterprise, legislative norms, job descriptions (including safety or fire safety), labor agreement (contract), and orders of the manager.

Punishment is applied only if the employee is at fault. A deliberate violation of norms or a careless violation is recognized as guilt in the case where a person was obliged, by the nature of his profession or position, to foresee the circumstances that would arise. An employee cannot be brought to disciplinary liability if he could not foresee the incident or could not realize the fact that he was violating labor procedures. An innocent person cannot be held accountable, and the person who imposes such a penalty becomes an offender himself.

Violation of labor discipline by an employee is recognized in the following disciplinary offenses: absence from the workplace and tardiness without good reason, confirmed by documents or a witness, unjustified refusal to take an exam or pass a survey for permission to work, failure to use mandatory protective equipment, appearing at the workplace while intoxicated , smoking in the wrong place.

Types of disciplinary punishment

Disciplinary punishment is regulated by Art. 192 of the Labor Code. The following types of penalties are provided: reprimand, reprimand, dismissal. General disciplinary liability can include only these types of punishment, and at any enterprise, regardless of its form of ownership. Addition to this list is considered illegal. In case of special disciplinary liability, other sanctions may be introduced, regulated by separate laws, charter or disciplinary regulations for certain categories of employees. Thus, a common punishment is transfer to a lower position.

The application of a disciplinary sanction to an employee must take into account the actual severity of the violation, the maliciousness of the offense, the degree of awareness of what happened by the perpetrator, the general attitude towards work duties, the recurrence of the violation and other circumstances that led to the commission of the offense. For an action committed, the perpetrator can be punished only once and by imposing one type of penalty. Dismissal is a last resort and is used in cases of repeated neglect of one’s duties or systematic gross violation of labor discipline.

In addition to disciplinary measures, the legislation allows the use of material, social and public measures. It is allowed to change the procedure for issuing preferential vouchers and reschedule vacations. Reduction or deprivation of bonuses is carried out in the manner prescribed by internal regulations.

Procedure for applying disciplinary action

Disciplinary liability occurs in a case that is officially recorded. Documenting the misconduct is an important point in the correct use of one’s rights by the administration. In practice, the following documentation methods are used: a memorandum from the immediate supervisor of work, a department, an act (in the presence of unexcused absenteeism, refusal to undergo an examination, etc.), a decision of the commission on the fact of causing damage, allowing defects, etc.).

After the perpetrator of the violation has familiarized himself with the document on the offense, he must be required to provide an explanatory note in writing. 2 working days are given to prepare such an explanatory note. However, refusal to draw up a written explanation is not a reason for refusal to collect. In this case, it is envisaged to draw up an act of refusal of a written explanation.

Based on the assessment of the reasons specified in the explanatory note, or the act of its absence, an order from the manager is issued indicating the reasons and penalties. The person subjected to disciplinary action is familiarized with this order within 3 days with written evidence of this fact.

Liability period

The right to impose disciplinary liability has a standardized statute of limitations.

Exact punishment for a specific offense must be carried out no later than 30 days after it was recorded.

This period does not take into account the absence of the culprit due to illness or vacation, as well as the time required for an objective consideration of the causes of the incident by the competent commission.

The total period, taking into account all delays, is 6 months, after which no disciplinary punishment can be imposed. In case of accounting violations that are identified as a result of the relevant audit or audit control, the maximum period before imposing disciplinary measures is 2 years.

Only one type of penalty can be issued for one specific labor violation. If a person has not received a new disciplinary punishment over the next 12 months, then he is naturally recognized as an employee who is not subject to a disciplinary sanction. A request to lift a penalty before the specified period can be submitted by the immediate supervisor based on a written report when he sees an obvious correction by the employee.

A punished employee has the right to appeal a disciplinary sanction if he considers himself innocent or punished too harshly. An application to appeal the decision is submitted to the State Labor Inspectorate or labor dispute resolution bodies, incl. to court. Most often, applications for illegal dismissal end up in court.

In such a review, the administration must provide compelling evidence of gross violations of labor discipline, which may serve as a reason for extreme measures. It should be borne in mind that the full list of reasons for dismissal is set out in paragraph 6 of Art. 81 of the Labor Code of the Russian Federation and cannot be arbitrarily supplemented.

Tasks of managing discipline in a team

Disciplinary responsibility should not be the goal of punishment alone. With the help of such measures, discipline management in the workforce is ensured. The following functions are assigned to disciplinary action:

1. Defining clear boundaries between an offense requiring punishment and the proper performance of one’s duties.
2. Ensuring awareness of the inevitability of punishment (efficiency increases when there is incentives for proper performance of duties).
3. Creating an atmosphere of non-acceptance of malicious and deliberate misconduct in the team.
4. Restoring relationships in a team when they are violated in the process of misconduct.
5. The perpetrator's awareness of the justice of the punishment.

Along with the system of incentives and motivation for decent work, any enterprise must have a system of disciplinary responsibility for employees.