Any of the following constitutes disciplinary action. What are the disciplinary measures and how are they applied?

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 types of disciplinary sanctions:

• comment;
• rebuke;
• dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other types of disciplinary sanctions.

The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

Before applying a disciplinary sanction, the employer must request from the employee.

If the employee refuses to give the specified explanation, a corresponding act is drawn up.

An employee’s refusal to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required 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 action.

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. If the employee refuses to sign the specified order (instruction), a corresponding act is drawn up.

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

If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.

The employer, before the expiration of a year from the date of application of the disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

The employer is obliged to consider the application of the representative body of employees about violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of employees.

If the facts of violations are confirmed, the employer is obliged to apply disciplinary action to the head of the organization and his deputies, up to and including dismissal.

With special labor discipline, the procedure, terms of application and types of disciplinary sanctions may be different.

Bringing to disciplinary liability the head of the organization, the head of the structural unit of the organization, their deputies at the request of the representative body of employees

Bringing disciplinary action to the manager organization, the head of a structural unit of the organization, their deputies at the request of the representative body of workers is regulated by Art. 195, part 6 art. 370 Labor Code of the Russian Federation.

Trade union bodies, in particular the trade union committee of the organization, have the right to monitor compliance with labor legislation. If facts of violation of labor legislation, local legal acts containing labor law norms, concealment of industrial accidents, failure to comply with the terms of a collective agreement or agreement are discovered in an organization, the trade union committee has the right to demand that the employer punish the head of the organization, its division or their deputies who are guilty of this.

The employer, upon application by the representative body of employees, usually the trade union committee, initiates disciplinary proceedings. It is characterized by the same stages as when identifying violations of internal labor regulations by an employee, which were outlined above. If the guilt of managers or their deputies in violating labor law norms is established, then the employer is obliged to apply “disciplinary action up to and including dismissal” to them (Part 2 of Article 195 of the Labor Code of the Russian Federation).

The employer informs the applicant (trade union committee) about the results of the disciplinary proceedings. The response period is not defined in labor legislation. However, it must include the time that the legislator sets for applying a disciplinary sanction to the military commander. 3, 4 tbsp. 193 Labor Code of the Russian Federation. Usually this is one month, and based on the results of an audit, inspection of financial and economic activities or an audit - two goals from the date of the disciplinary offense. If, due to the circumstances specified in the statement of the trade union committee, a criminal case has been initiated against the head or his deputy, then the period for reporting to the trade union bodies is extended for the duration of the proceedings in the main case.

Procedure for applying disciplinary sanctions

Procedure for applying disciplinary action The Labor Code of the Russian Federation is not regulated in detail. This often leads to a violation of the labor rights and freedoms of the employee.

Disciplinary proceedings as a legal relationship

Disciplinary proceedings are always a legal relationship, the main subjects of which are the employer and the employee. The content of a legal relationship is considered to be the rights and obligations of its parties. The current labor legislation mainly establishes the legal position of the employer. Analysis of disciplinary proceedings allows us to identify a certain set of rights of an employee who, in the opinion of the manager, violated the internal labor regulations. An employee is a full-fledged subject of legal relations within the disciplinary proceedings. He has the right to familiarize himself with all materials according to which he is accused of unlawful labor behavior, give his assessment of the content of the materials presented to him, and demand the provision of new materials. In complex disciplinary proceedings, an employee may request an audit, an inspection of financial and economic activities, or, if its results can resolve the issue of his guilt or innocence. The current legislation does not prohibit an employee from involving specialists or a representative of a trade union organization as consultants in disciplinary proceedings.

In this part, labor legislation still needs further improvement. Specification of disciplinary proceedings is possible in by-laws and local regulatory legal acts. This practice is typical, for example, for budgetary organizations. Ministries and departments develop and approve procedures for conducting performance reviews and applying disciplinary sanctions to state civil servants of their subordinate organizations. Such regulatory legal acts establish a detailed procedure for conducting official inspections and applying disciplinary sanctions to civil servants, the composition of the commission tasked with conducting the inspection, its powers and the processing of the inspection results. The by-laws of local regulatory legal acts specifically highlight a section that sets out the rights of the employee who is being inspected: to give oral and written explanations, submit petitions, get acquainted with documents during the inspection, appeal the decisions and actions of the commission that conducts the inspection.

A single disciplinary legal relationship can be classified as a complex legal relationship. It consists of a number of elements characteristic of each stage. Elementary legal relations are discrete, that is, they are interrupted in time and consist of certain parts. Thus, the employee’s right to submit petitions, get acquainted with documents, appeal the actions of the employer’s representative or the commission conducting the inspection corresponds to the corresponding obligation of the employer to consider a specific petition, provide the employee with the necessary documents for review, and consider the complaint filed by him. These legal relations can arise and end at each stage of disciplinary proceedings. This does not exclude its systemic nature, the unity of rights and obligations of participants in disciplinary proceedings.

Stages of disciplinary proceedings

Disciplinary proceedings include several stages.

Firstly, before applying a disciplinary sanction, the manager invites the employee to give a written explanation of the circumstances indicating that he has violated the internal regulations of the organization. If the employee refuses to provide the employer with an explanation in writing, a corresponding report is drawn up after two working days. This document must contain the following details: place and date of drawing up the document; last name, first name, patronymic, position of the compiler and employee, a brief description of the alleged violation of labor discipline; an offer to the employee to give an explanation and his refusal, actual or default; an explanation of what exactly was the employee’s failure to fulfill his job duties.

Secondly, the employer (his authorized representative - head of the personnel department, deputy director of personnel) will request from the employee’s immediate supervisor the necessary documents confirming the employee’s violation of labor discipline, and an opinion on the selection of a certain (necessary in the circumstances) disciplinary measure for the violator.

Thirdly, assessing the materials collected on the fact of violation of internal labor regulations, the employer makes a decision about the guilt of the employee, i.e., whether he has committed a disciplinary offense.

Fourthly, before imposing a disciplinary sanction, the employer takes into account the severity of the offense committed and the circumstances mitigating the employee’s guilt.

Fifthly, in accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation, the employer exercises his right to apply disciplinary action to a violator of internal labor regulations or limit himself to other means of educational influence. The effectiveness of disciplinary action largely depends on this stage of disciplinary proceedings. Reducing it only to punishment is unjustified from both theoretical and practical points of view. The educational role of this stage depends on the personality of the employee, on the level of his professional training, legal and moral culture. This is a rather complex and responsible process for the employer. Sometimes a conversation with the manager is enough to correct the offender, and in some cases the application of a disciplinary measure leads to confrontation and increased tension in the employer’s relationship not only with the employee, but also with the primary production team. For this stage, the pedagogical and psychological preparation of the leader as a manager is very important.

This stage ends with the adoption of an appropriate decision to punish the employee or, at the employer’s discretion, to leave the collected materials without movement. In practice, in the latter case, the employer does not issue any procedural act. The employer does the same if a minor violation of labor discipline is detected or there is insufficient material to establish it. In the latter case, the employee’s right to protection of “his labor rights and freedoms” (Article 2 of the Labor Code of the Russian Federation) is obviously violated, since the employee cannot protect his good name, honor and dignity. You can only appeal the relevant order of the employer, and not the negative opinion created during the investigation about the possible dishonesty of the employee.

Sixthly, the employer chooses a disciplinary measure and issues an appropriate order. An order (instruction) to apply a disciplinary measure 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 order (instruction) against signature, then the authorized representative of the employer draws up a corresponding act (Part 6 of Article 193 of the Labor Code of the Russian Federation). The details of the act are similar to those set out for the act of refusal to give an explanation for the fact of violation of internal labor regulations.

Disciplinary proceedings are subject to certain procedural time limits: one month and six months. Disciplinary action is not applied if more than one month has passed from the date of discovery of the misconduct. The monthly period does not include the time the employee is ill, on vacation, or the time required to take into account the opinion of the representative body of employees, if required by law (Part 2 of Article 82 of the Labor Code of the Russian Federation).

After the expiration of the six-month period, the employee cannot be subject to disciplinary action. When conducting an audit, inspection of financial and economic activities or an audit, the period during which a disciplinary sanction may be imposed is increased to two years.

The specified time frame does not include the time of criminal proceedings (Part 4 of Article 193 of the Labor Code of the Russian Federation).

Disciplinary proceedings are characterized by the rule that only one disciplinary sanction can be applied to an employee for the same disciplinary offense.

This does not exclude the application of administrative or criminal measures to the employee. A violator of internal labor regulations can also be disciplined, since deprivation of a bonus is not considered a disciplinary sanction.

Along with the mandatory stages of disciplinary proceedings outlined, it is also possible optional: 1) appealing a disciplinary sanction to bodies for consideration of individual labor disputes; 2) termination of disciplinary proceedings as a result of its review by the competent authorities, for example by a superior manager.

Removal of disciplinary action

From a legal point of view, disciplinary action is usually always a lasting condition, limited to a certain period within the employment relationship. If within a year from the date of application of the disciplinary sanction the employee has not committed a new violation of the internal labor regulations, then his state of punishment ceases, and the violator, in accordance with Part 1 of Art. 194 of the Labor Code of the Russian Federation “is considered not to have a disciplinary sanction.”

Before the expiration of one year, the employer can remove a disciplinary sanction from an employee either on its own initiative or at the request of his immediate supervisor or an elected representative body (trade committee). The initiative can also come from the violator of labor discipline himself. In accordance with Part 2 of Art. 194 of the Labor Code of the Russian Federation may make such a request to the head of the organization.

The state of punishment indicates a continuing systematic educational influence, which can be effective in organizing proper accounting of violators of internal labor regulations and monitoring their labor behavior. At medium and large enterprises, the employer can assign these responsibilities to the immediate supervisors of the labor process, who keep special logs of violations and violators of internal labor regulations in the production teams subordinate to them.

In the work of an organization, sometimes it is necessary to deal with employees’ dishonest performance of their duties and violations of discipline. Such cases, of course, require some punishment for the offending employee. The procedure for applying disciplinary sanctions is prescribed in the Labor Code of the Russian Federation.

Many managers do not take the punishment system used in their organization seriously enough. Thus, often the punishment of guilty workers is subjective in nature, does not correlate with the severity of the offense committed, and does not take into account its circumstances. The application of such measures often does not comply with legal requirements.

Many organizations have a vague system of rewards and penalties that is not documented in any way. At the same time, punishments are imposed on personnel arbitrarily, “in words,” without proper formalization.

Moreover, some managers abuse disciplinary action to manipulate their subordinates. However, this is a big mistake. Any illegally applied punishment can be appealed by the injured employee and lead to extremely unpleasant consequences for the company’s management.

What types of disciplinary sanctions are there?

The law allows for the justified use of three types of disciplinary penalties:

1. comment;
2. rebuke;
3. dismissal.

The employer does not have the right to use other types of punishments, such as deductions and fines, if they are not specified in the company’s regulatory documents.

In some organizations, other types of penalties are possible in accordance with the law and special norms of local documentation of such companies.

In what cases is disciplinary action applied?

The cases in which penalties are imposed are determined by Article 192 of the Labor Code of the Russian Federation. This is the failure or dishonest performance by an employee of his work. To do this, his duties must be spelled out in an employment contract or other document with mandatory familiarization with the employee’s signature.

Disciplinary action is applied:

• if the employee committed an action that was not permitted by work instructions or other regulatory documents;
• if the employee violated the job description or other norms of the organization (for example, did not fulfill direct duties or orders from management);
• if an employee does not comply with labor discipline (is late, absent from work).

How is a disciplinary sanction issued?

1. The fact of a disciplinary violation is documented. To do this, one or more documents from the following list are drawn up:

• act (for example, about the absence of an employee from work);
• memorandum (on violation of project deadlines);
• decision of the commission (conclusion of the audit commission on withholding the amount of the deficiency).

2. After a violation is recorded, it is necessary to obtain an explanation from the employee. This gives the employee the opportunity to indicate the reasons for his action. Failure to provide an explanatory note within two working days is recorded in a corresponding act.

It is better to formalize the employer’s request for explanations on paper and submit it against the employee’s signature. The employee’s refusal to sign the request is recorded in an act. A written request and a drawn up report on the absence of an employee’s explanation may be sufficient grounds for imposing a disciplinary sanction.

If the culprit provides an explanatory note on time, the employer makes a decision during its consideration. If the given reasons that led to the incident are considered valid, then disciplinary action may not follow. Otherwise, the note will become the basis for a penalty.

3. The next stage of formalizing a disciplinary sanction is the creation of an order. The manager decides independently which of the three punishments to use in each specific case, taking into account all the known circumstances of the offense, in proportion to its severity and consequences, and the guilt of the employee.

The order is prepared and submitted under the signature of the employee within three working days.

The order must contain:

• information about the employee, his position and place of work;
• the essence of the incident with an indication of the violated clauses of regulatory documents;
• a description of the violation with conclusions about the degree of its severity and the presence of the employee’s guilt;
• type of penalty imposed;
• grounds for recovery (details of documents in which the violation is recorded, explanations, acts).

If the culprit refuses to read the order and sign the document, a report is drawn up.

4. Making an entry in the employee’s personal file is optional. Information about the presence of a reprimand or reprimand can be entered in a personal card, but not in the employee’s work book.

Within what time frame can disciplinary action be taken?

In general cases, punishment is imposed within one month after the incident is discovered by the direct management of the guilty employee and no later than six months from the moment it occurred. The time an employee is absent for good reasons is not included in this period. If a violation is identified during an audit or audit, this period is increased to 2 years. The time of production actions in a criminal case initiated on the basis of a violation is also not included in the total time of limitation of the offense.

How is a disciplinary sanction lifted?

The disciplinary sanction is canceled automatically or at the initiative of the employer himself. From this moment on, the employee is considered to have no penalties.

1. The penalty is automatically lifted from the employee one year from the moment it was imposed in accordance with Article 194 of the Labor Code of the Russian Federation. The condition for automatic removal of the penalty is the absence of other violations during the year.
2. The penalty can be canceled ahead of schedule with the filing of management. The employee himself or his immediate superior may request the termination of the penalty. If, while the penalty is in effect, the employee is transferred to another position, this will be sufficient grounds for termination of the penalty.

Early withdrawal of a penalty is formalized by an appropriate order, which is delivered to the employee against his signature.

What consequences does a disciplinary sanction have for an employee?

• If an employee has received a penalty, the employer has the right to deprive the employee of his bonus partially or completely and deprive him of other incentive payments, provided that such a possibility is provided for by the regulatory documents of the organization.
• According to Article 81 Part 5 of the Labor Code, repeated violation during the current disciplinary punishment is grounds for dismissal of the employee.

How to properly apply disciplinary sanctions?

The application of disciplinary sanctions must be approached with full responsibility. This is especially true for such a serious penalty as dismissal. It is possible to dismiss an employee at the initiative of the employer only after a repeated violation with an existing penalty already in effect.

The employer needs to monitor the sequence of its actions. It should be remembered that one violation cannot be punished twice. If the latecomer has already received a reprimand, he cannot be reprimanded.

It is necessary to carefully prepare and execute all documents: both internal regulations establishing relationships with employees, and documents related to a particular case of disciplinary action.

Labor responsibilities must be assigned to the employee properly. If an employee has some new responsibility, it must be formalized. The employment contract, job description, local regulations, staff work schedule must be correctly drawn up and include a complete list of the employee’s functions. It is mandatory for the employee to sign that he has read this document.

Incorrectly drawn up labor regulations will certainly create difficulties if it is necessary to apply disciplinary action. The document must be drawn up in accordance with all the rules: indicating the name of the organization, familiarizing all employees with the presence of the necessary signatures and dates.

When preparing documentation in case of punishment of an employee, carefully check the availability of all the necessary papers: reporting and explanatory notes, orders to impose penalties, duty schedules and time sheets, and other documents. Check all signatures and dates on documents.

What responsibility does the organization bear for violating the collection procedure?

Based on a complaint from a punished employee, a labor inspectorate may conduct an inspection to determine the legality of the disciplinary sanction and the correctness of its execution. In case of detected violations, the organization may be brought to administrative liability. In addition, a penalty that is groundless or applied in violation of the law is considered illegal.

In this case, the dismissed employee has the right to reinstatement through the court, to receive compensation from the employer for forced absence and for moral damage.

The employer will incur costs associated with legal proceedings, inspections by the labor inspectorate, the prosecutor's office, and will be forced to pay the costs of lawyers, and possibly a fine. The organization also risks damaging its business reputation and losing credibility among its own employees.

If an employee does not fulfill his duties or performs them improperly, his immediate superior can bring him to disciplinary liability by imposing a penalty. We will talk further about what exact penalty for what violation of labor discipline can be applied to an employee in 2019 under the Labor Code of the Russian Federation.

Types of labor penalties

Legislatively, the types of disciplinary sanctions applied by an employer to an employee are enshrined in Article 192 of the Labor Code of the Russian Federation.

They are divided into two types:

1. General (named in the Labor Code of the Russian Federation);
2. Special (listed in special regulations).

The table will help you understand in detail what types of disciplinary sanctions are provided for by the Labor Code of the Russian Federation, and what types are provided for by other acts.

* The charter should be understood as a normative act of federal significance approved by law. This point deserves attention, since the charter also refers to local acts of organizations. So, if the latter contradict federal acts in terms of imposing penalties, their provisions cannot be applied.

Types and procedure for imposing penalties under the Labor Code of the Russian Federation

If an employee’s work activity is not regulated by special acts (for example, the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the Decree of the Government of the Russian Federation “Regulations on the discipline of railway transport workers of the Russian Federation”, etc.), then, according to the Labor Code of the Russian Federation, only the following types of punishments can be applied to him.

Comment

The imposition of a disciplinary sanction in the form of a reprimand is the most “popular” punishment applied by the employer. The legislation does not clearly define for what offense a certain penalty is imposed. The choice is at the discretion of the manager.

Most often, a reprimand is imposed for a violation of mild severity, that is, which:

1. is essentially a minor violation of labor discipline;
2. caused minor damage;
3. committed for the first time.

An example of such an offense would be being late for work.

The decision to reprimand an employee must be documented. However, before this, the employer must demand an explanation from the violator. The latter must provide it within 2 days from the date of presentation of the request by the employer. Below is a sample order of disciplinary action in the form of a remark.

Neftetransservis LLC
ORDER No. 1100/64-3
Moscow December 15, 2018
About disciplinary action

Due to the absence of chief engineer A.P. Voikov from the workplace. December 14, 2018 from 09:00 to 10:00 without good reason.

I ORDER:

Announce a remark to the chief engineer Anatoly Vladimirovich Voikov.

Base:

• memo from the head of the department dated December 14, 2018;
• explanatory note from chief engineer Anatoly Vladimirovich Voikov dated December 14, 2018;
• certificate of absence from work dated December 14, 2018.

Head of the organization: Brazhsky I.G.

Head of department: Davydov O.I.

Head of Human Resources: Gerasimenko A.Yu.

The employee is familiar with the order: Voikov A.V.

The consequences of a reprimand for an employee are hardly noticeable: information about the reprimand is not entered in the work book or personal card, and such punishment in itself does not entail any serious negative consequences. However, at the same time, it serves as a warning: if another violation is committed during the year, the employee may face a reprimand or even dismissal.

note, that there is no oral remark as a separate penalty according to the Labor Code of the Russian Federation. There is only a “remark”, which is formalized by an appropriate order. According to Article 193 of the Labor Code of the Russian Federation, the order (instruction) of the employer to apply a disciplinary sanction is announced to the employee against signature. This means that the remark has its formal expression in the form of an official document, so it cannot be considered “oral”.

Rebuke

The imposition of a disciplinary sanction in the form of a reprimand is an intermediate measure of punishment, which is more “strict” in nature than a reprimand, but more “soft” in comparison with dismissal. If a remark is just a warning, then a reprimand is the “last” before dismissal.

It is declared in cases where:

1. The employee had already been disciplined for a year.
2. A violation of moderate severity was committed.
3. The offense resulted in material damage, but not on a large scale.

To issue a reprimand, it is not necessary that the employee already has one penalty on his record. It can be applied even if the employee has never been subject to disciplinary action.

An example of an offense for which a reprimand may be given is truancy. A sample order for a disciplinary sanction in the form of dismissal for absenteeism can be seen below (it is also a sample order for a reprimand). Although, at the same time, absenteeism is a sufficient reason for dismissing an employee, in practice such a measure is rarely used.

A reprimand is not much different from a reprimand: information about it is also not included in the labor report and, as such, it in itself bears consequences. However, for example, if you want to appeal the dismissal as a type of disciplinary punishment, and you have been reprimanded for a year before the dismissal, the court will take the position of the employer and leave its decision in force. At the same time, as judicial practice shows, if there are comments (rather than reprimands), the chances of challenging the dismissal are significantly higher. Also, a note about a reprimand is entered into the employee’s personal card, but in case of a reprimand, it is not.

Before issuing a reprimand, the employee is also required to provide an explanatory note, which he must provide within two days. Only after this the manager can document the penalty. A sample order for disciplinary action in the form of a reprimand is provided below.

LLC "Stroychermet"
ORDER No. 1800/65-2
Moscow December 14, 2019
About disciplinary action

Due to the absence from the workplace without good reason of the chief engineer Ignat Vasilievich Budko during the working day on December 13, 2019 from 9-00 to 18-00

I ORDER:

Reprimand chief engineer Budko Ignat Vasilievich.

Base:

• memo from the head of the department dated December 13, 2019;
• explanatory note from chief engineer Budko Ignat Vasilievich dated December 13, 2019;
• certificate of absence from work dated December 13, 2019;
• working hours schedule for 2019.

Head of the organization: Gromov I.G.

Head of department: Lupko O.I.

Head of Human Resources: Tarasenko A.Yu.

The employee is familiar with the order: Budko I.V.

Dismissal

Disciplinary action in the form of dismissal is an extreme measure of punishment for an employee.

It applies in the following cases:

1. Being disciplined twice or more in a year.
2. Absenteeism.
   Absence from work without good reason for more than 4 hours in a row is already considered absenteeism (if the employee has been absent all day, this is, of course, also absenteeism). The following are not considered absenteeism:
   • Absence by order of the employer on a day off or during vacation;
   • Absenteeism, in the case when the schedule provides for exceeding the normal working hours in accordance with Article 91 of the Labor Code of the Russian Federation;
   • Absenteeism in case of changes in the shift schedule, if the employee was not familiarized with it under signature;
   • Visiting the court on a subpoena, the police, the military registration and enlistment office, as well as detention, arrest or taking into custody;
   • Visit to the hospital to donate blood if the employee is a donor.
3. Appearing at work drunk, or under the influence of drugs or toxic substances.
   Even if the employee did not reach his workplace and did not start work, but at least entered the territory of the institution (for example, passed a checkpoint) during working hours in this form, this is already sufficient grounds for dismissing him.
4. Disclosure of secrets protected by law, which became known to the employee due to the performance of his job functions.
   This category of “secrets” also includes personal data of citizens.
5. Theft, embezzlement, intentional destruction or damage to property at work, if the fact of commission is established by a sentence or a judge’s order.
   The theft of not only the employer’s property, but also that of other employees, as well as third parties, is taken into account. These actions must be proven by a court decision.
6. Violation of labor protection requirements that resulted in serious consequences or created a threat of their occurrence, if this is proven by the commission/occupational safety commissioner.
7. Loss of employer confidence for those who work with money or goods (cashiers, salespeople, collectors, storekeepers).
   In this case, loss of trust occurs only as a result of the employee’s physical actions that violate the rules for handling the listed values. They can be counting, weighing, facts of shortage, use for personal purposes. They are established through inventory, test purchases, and inspections. The subjective opinion of the employer, without the employee admitting any violations and proven facts, cannot serve as a basis for dismissal.
8. Loss of trust of the employer as a result of failure to take action to resolve the conflict, if the employee is a party to it, provision of false information of a property nature about himself and his family members, if the need to provide it is provided for by federal legislation.
9. An immoral act committed by an employee performing educational functions.
   Only if it was committed at the place of work. Such an offense may include appearing drunk, fighting, or using obscene language. These actions, committed in everyday life or even in society, but not during the performance of their work duties, are not grounds for dismissing a teacher.
10. Making an unreasonable decision that caused damage to the organization’s property by the manager, his deputy, or accountant.
    That is, on this basis, only employees in management positions who have the right to make appropriate decisions and dispose of material assets can be dismissed. A decision that was made:
    • on an emotional level without taking into account objective factors;
    • based on incomplete or incorrect data;
    • when certain information is ignored;
    • in case of erroneous interpretation of information;
    • without proper preparation: consultations, analytical activities, data collection, calculations and research.
11. Gross violation by the manager or his deputy of his labor duties.
    Even a one-time violation can serve as grounds for dismissal, and it is considered gross if it could cause harm to the health of other employees or damage to the organization’s property.
12. Repeated violation of the charter of a general education organization within 1 year.
    Applies only to teachers.
13. Disqualification for 6 months or more.
    For athletes who have entered into an employment agreement (contract).
14. Single violation of anti-doping rules.
    For athletes carrying out their activities under an employment agreement (contract).

Example No. 1. Petrov S.G. I was systematically late for work by 30-40 minutes. After another such delay, the director of the enterprise called him to his office and announced that he was fired for repeated violations of labor discipline. Petrov S.G. wrote an explanatory note, signed the order to impose a disciplinary sanction, but went to court. He considered the director’s actions illegal, since he had not previously been subject to disciplinary action. The court declared the order illegal, since dismissal as a disciplinary sanction can be applied to an employee in the event of repeated (2 or more) violations of labor duties. Moreover, such violations must be documented, namely by an order from the manager to impose a disciplinary sanction. In this case, even though Petrov was late for work, he was never brought to justice in the prescribed manner, which means there were no grounds for dismissal.

Example No. 2. Petrov S.G. I was regularly 30-40 minutes late for work, but the last time I was 4 hours 15 minutes late because I was picking up my wife from the plane (the flight was delayed). Upon arrival at work, he was called to the directorate, where he was informed of his dismissal due to absenteeism. The employee wrote an explanatory note indicating the reason for absenteeism, but management considered it disrespectful. In this case, the manager’s actions are legal and justified, since absence from work for 4 hours or more is considered absenteeism. And in case of absenteeism, you can dismiss an employee, even if disciplinary sanctions have never been imposed on him before.

Dismissal as a punishment for labor misconduct is also formalized by order of the employer after receiving written explanations from the perpetrator no later than 2 days after the request was made. In this case, one order is issued, not two (imposition of penalties and dismissal - in one document). If the employee refuses to draw up an explanatory note, a report is drawn up with the appropriate note, where the violator must sign. If he refuses to do this, witnesses are invited to confirm this fact and sign the document.

Information about the imposition of this penalty is entered into:

1. Work book;
2. Private bussiness;
3. A register of persons dismissed due to loss of confidence, in cases where the dismissal occurs precisely on this basis.

The employer does not have the right to impose penalties in the form of dismissal on pregnant women, temporarily disabled women and employees on vacation. This is prohibited by law.

A minor can be dismissed only with the consent of the Rostrudinspektsiya and the Commission on Minors' Affairs (Article 269 of the Labor Code of the Russian Federation).

Employers should remember that dismissal should only be used if correcting the employee by imposing another penalty is not possible. Disciplinary liability of an employee in the form of dismissal is extremely rare in practice, and the courts and state labor inspectorate in such cases usually take the position of the employee.

Severe reprimand: is there now such a penalty under the Labor Code of the Russian Federation?

No, such a disciplinary sanction does not exist according to the provisions of the current Labor Code of the Russian Federation. The employer could impose a penalty in the form of a severe reprimand until 02/01/2002, while the Labor Code of the Russian Federation, approved by the Supreme Court of the RSFSR on 12/09/1971, was in force (it provided for a severe reprimand as a possible penalty).

In practice, there are often cases when an employer decides to impose a disciplinary sanction in the form of a severe reprimand, guided by the internal local acts of the organization. Such actions are illegal and can be appealed in court..

However, if a provision for a severe reprimand is contained in a federal legal regulation, then this type of penalty can be applied. For example, it is used by the military, prosecutors, firefighters and other categories of government employees.

Can the law impose penalties and deprive bonuses at the same time?

According to Article 193 of the Labor Code of the Russian Federation, only 1 disciplinary sanction can be imposed for 1 disciplinary offense. In this regard, in practice, disputes often arise: can an employer, for example, issue a reprimand and deprive a person of a monthly bonus, because in fact the employee is punished twice.

In fact, it can, and this is in no way contrary to the law. The fact is that deprivation of a bonus is not a disciplinary sanction. A bonus is an incentive for an employee who copes with his job responsibilities (Article 191 of the Labor Code of the Russian Federation). Therefore, if an employee cannot cope with them, and even violates labor discipline, why should he be paid monetary incentives? Although there are nuances here too.

The employer has the right to deprive an employee of bonuses only when the cases in which this is possible are listed in local regulations (Regulations on remuneration or bonuses, collective agreement, etc.).

Penalty period

The penalty may be imposed within one month from the date of:

1. Identification of violations by an employee by his immediate superior - for general cases.
2. The entry into force of a court verdict or a decision to impose an administrative penalty - for cases where dismissal is formalized as a disciplinary sanction (in case of theft, embezzlement, etc.).

The specified monthly period does not include:

• Staying on sick leave;
• Vacation time;
• The period required to take into account the opinion of the representative body of employees.

Penalty cannot be imposed later*:

1. 6 months from the date of commission of the offense is the general rule;
2. 2 years – in cases where it is necessary to conduct audits, checks of economic and financial activities and audits.

*the indicated periods do not include the period of criminal proceedings.

How long does the penalty last?

The Labor Code of the Russian Federation has established a single validity period for each type of penalty - 1 year.

If during this year the employee commits a new offense and the employer imposes another penalty on him, the period is “updated” from the moment the last order was issued and is 1 calendar year. After this expiration of this period, the employee is considered to have no disciplinary sanctions. In this case, the employer does not need to fill out any paperwork.

Is it possible to cancel a foreclosure early?

Early removal of a disciplinary sanction is possible in the following cases:

1. The employee himself should submit such a statement to the employer.
2. The trade union will send such a petition to the employer.
3. The initiative will come from the head of the department where the offending employee works.
4. The employer himself will decide to cancel the penalty early.

But in any case, the decision remains with the employer, that is, he has the right not to satisfy such requests. Early withdrawal is issued by order on behalf of the manager.

How to appeal a disciplinary sanction

Every employee has the right to appeal a disciplinary sanction. If he does not agree with the employer’s decision, he can contact:

1. State Labor Inspectorate.
2. Body for consideration of individual labor disputes.

An employee can be brought to disciplinary liability only by applying disciplinary sanctions provided for by law. In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, that is, for non-fulfillment 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) reprimand; 2) reprimand; 3) dismissal for appropriate reasons. In this case, the legislator has determined the measures that are applied when bringing employees to general disciplinary liability. However, one cannot help but notice that in Part 1 of Art. 192 of the Labor Code of the Russian Federation does not define specific grounds for dismissal recognized as a disciplinary sanction. Obviously, this includes clause 5 of Art. 81 of the Labor Code of the Russian Federation, that is, termination of an employment contract for repeated failure by an employee to fulfill work duties without good reason, if he already has a disciplinary sanction. Disciplinary sanctions include dismissal under paragraphs. "a" clause 6 of Art. 81 of the Labor Code of the Russian Federation for absenteeism, that is, for absence from the workplace without good reason for more than four hours in a row during the working day. Disciplinary action is also termination of the employment contract under paragraphs. "b" clause 6 of Art. 81 of the Labor Code of the Russian Federation for appearing at work in a state of alcohol, drug or toxic intoxication. The dismissal of an employee under paragraphs. is also recognized as a disciplinary sanction. "c" clause 6 of Art. 81 of the Labor Code of the Russian Federation for the disclosure by an employee of a legally protected secret that became known to him in connection with the performance of his job duties. Dismissal under paragraphs. "d" clause 6 of Art. 81 of the Labor Code of the Russian Federation for committing theft at the place of work, including small theft, of someone else’s property is also recognized as a disciplinary sanction. A disciplinary sanction is also dismissal under paragraphs. "d" clause 6 art. 81 of the Labor Code of the Russian Federation for violation by an employee of labor protection requirements, if this violation entailed serious consequences or knowingly created a threat of such consequences. Dismissal under clause 9 of Art. 81 of the Labor Code of the Russian Federation for making an unjustified decision by the head of an organization (branch, representative office), his deputies and the chief accountant of the organization, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization is also a disciplinary sanction. In this case, we are talking about special disciplinary liability, since both the subject held accountable and the offense for which special disciplinary liability is imposed are special. Dismissal under clause 10 of Art. is also recognized as a disciplinary sanction. 81 of the Labor Code of the Russian Federation for a single gross violation by the head of an organization (branch, representative office) or his deputies of their labor duties. In this case, we are also talking about special disciplinary liability, since the subjects held accountable must occupy the appropriate position. The actions for which prosecution is carried out on this basis also have a special character, since the disciplinary measure in question can only be applied for an offense that does not coincide with disciplinary offenses, the commission of which may result in dismissal on general grounds.

The listed grounds for termination of an employment contract at the initiative of the employer are recognized in judicial practice as disciplinary measures. However, certain grounds for dismissal for guilty and unlawful actions related to the performance of labor duties are not recognized as disciplinary measures. In particular, dismissal under clause 7 of Art. 81 of the Labor Code of the Russian Federation for the commission of guilty actions by an employee directly servicing commodity or monetary assets, if these actions give rise to a loss of confidence in him on the part of the employer and are committed outside the place of work, is not recognized as a disciplinary measure. Termination of an employment contract under clause 8 of Art. 81 of the Labor Code of the Russian Federation for the commission of an immoral offense by an employee performing educational functions, incompatible with this work, committed outside the place of work, is also not classified by judicial practice as a disciplinary sanction. Refusal to include the above-mentioned grounds for termination of an employment contract at the initiative of the employer in the number of disciplinary sanctions conflicts with Part 1 of Art. 192 of the Labor Code of the Russian Federation, which defines a disciplinary offense, the commission of which involves the application of the listed disciplinary measures, including dismissal from work. Indeed, termination of an employment contract on these grounds requires proof that the employee committed guilty and unlawful actions that resulted in non-fulfillment or improper performance of labor duties. In this connection, the listed grounds should also be considered disciplinary sanctions. Indirectly, such an inclusion is also recognized in judicial practice, which proceeds from the fact that when applying these grounds for dismissal, one should take into account the time the offense was committed, the behavior of the employee, his attitude towards him, that is, the same circumstances as when applying disciplinary sanctions. However, judicial practice does not indicate what standards should be followed when assessing these circumstances. As is known, labor law norms are applied according to the rules of civil procedural legislation. In paragraph 4 of Art. 1 of the Code of Civil Procedure of the Russian Federation establishes the application of procedural norms by analogy, and in paragraph 3 of Art. 11 of the Code of Civil Procedure of the Russian Federation provides for the application of substantive norms by analogy.

From which it follows that the assessment of the listed circumstances when applying clauses 7 and 8 of Art. 81 of the Labor Code of the Russian Federation should be carried out using, by analogy, at least procedural and substantive rules on the application of disciplinary sanctions. The above allows us to conclude that when applying clauses 7 and 8 of Art. 81 of the Labor Code of the Russian Federation, the rules for bringing employees to disciplinary liability must be observed. Moreover, these types of disciplinary sanctions should be included in special disciplinary liability. Subjects who can be dismissed on the grounds under consideration perform special labor duties; their dismissal may take place for committing special offenses that are not covered by general disciplinary offenses. Therefore, in this case it is quite appropriate to talk about special disciplinary liability.

In Part 3 of Art. 192 of the Labor Code of the Russian Federation prohibits the use of disciplinary measures not provided for by federal laws, charters and regulations on discipline. The application of a disciplinary sanction not provided for by the listed regulatory legal acts allows the employee to whom they were applied to be recognized as not having a disciplinary sanction. Thus, for committing a disciplinary offense, measures cannot be applied that are not provided for in the above-mentioned regulatory legal acts, in particular, deprivation of bonuses, transfer of the queue for receiving housing, and others.

In Part 1 of Art. 192 of the Labor Code of the Russian Federation lists general disciplinary sanctions, which, as a rule, are applied when disciplinary offenses are committed that entail general disciplinary liability. In Part 2 of Art. 192 of the Labor Code of the Russian Federation states that federal laws, charters and regulations on discipline for certain categories of employees may provide for other disciplinary sanctions, that is, a list of disciplinary sanctions listed in Part 1 of Art. 192 of the Labor Code of the Russian Federation, may be supplemented with special disciplinary sanctions, the application of which is evidence of bringing the employee to special disciplinary liability. However, the introduction of additional disciplinary sanctions must comply with legal requirements.

In accordance with Part 3 of Art. 55 of the Constitution of the Russian Federation, restrictions on the rights and freedoms of man and citizen, including in the sphere of labor, can only be carried out by federal law and only to achieve the goals listed in this constitutional norm. The introduction of special grounds for dismissal from work as a disciplinary measure is a restriction of the constitutional right of workers to freely dispose of their ability to work. Therefore, special grounds for dismissal as a disciplinary measure can be introduced by federal law in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

In accordance with Part 5 of Art. 189 of the Labor Code of the Russian Federation, statutes and regulations on discipline are approved by the Government of the Russian Federation. Consequently, in their form, these regulatory legal acts cannot be recognized as a legal basis for restricting the rights and freedoms of man and citizen, including in the sphere of labor. In this connection, special disciplinary sanctions may appear in the charters and regulations on discipline, which do not limit the labor rights and freedoms of employees. For example, penalties in these regulatory legal acts may include a severe reprimand, deprivation of a bonus, a warning about incomplete performance and other penalties that do not entail termination of the employment contract with the employee. The application of these penalties cannot be recognized as a restriction of the labor rights of employees, since in this case an extreme disciplinary measure in the form of dismissal may follow in the absence of the possibility of using additional disciplinary sanctions. That is, the path to dismissal from work as a disciplinary measure increases. In this connection, we can conclude that labor rights are not limited when applying such measures. Let us once again draw attention to the fact that disciplinary measures may be applied to the employee, which are provided for in federal laws, charters and discipline regulations approved by the Government of the Russian Federation. The application of other disciplinary sanctions when it is proven that a disciplinary offense has been committed and its composition does not allow recognizing the bringing of an employee to disciplinary liability as legal and justified. Thus, the application of a disciplinary measure that complies with the current legislation is one of the legally significant circumstances when bringing an employee to disciplinary liability.