We issue a reprimand or reprimand. Announcing a reprimand for improper performance of duties by an employee

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

Punishment for wrongdoing

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

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

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

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

If you want more stringent measures

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

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

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

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

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

What can you “reprimand” for?

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

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

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

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

Reasons for reprimand:

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

Seven troubles - one answer?

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

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

Disciplinary and material responsibility are two non-overlapping areas.

Time to discipline the offender

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

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

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

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

How is a reprimand given?

In order to exclude possible problems related to the disagreement of the punished employee, the employer should strictly adhere to the legal procedure.

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

5 steps to a reprimand

Recording the circumstances of the offense. It must be written: an act, an official or report, a conclusion of a special commission. The signatures under these documents indicate that the indicated fact actually took place.
Requirement for explanatory. In order to qualify a fact as worthy of a reprimand, you need to demand an explanation from the offender for his behavior. For this purpose he is given written demand about the need to write an explanatory note within 2 days. The employer's further steps depend on the employee's response to this requirement.
A) The employee wrote an explanatory note. Based on its results, the employer decides whether the culprit deserves a reprimand or other penalty.
B) The employee refused to explain or did not provide it after 2 days of waiting. In this case, an act is drawn up with 2 signatures indicating a refusal to give explanations. Further, it is lawful to impose a penalty.
ADVICE! If an employee immediately refuses to write an explanatory note, it is better to wait the required two days to issue a reprimand: the offender may change his mind, and if he is deprived of this right by immediate punishment, this may testify against the employer in court proceedings.
Edition. The form is arbitrary, but it is mandatory to have a description of the offense and links to all accompanying papers (act or report, explanatory note or lack thereof).
At the initiative of the employer a record of the reprimand is entered into the personal card employee. In many organizations, the relevant local acts stipulate that the payment of bonuses depends on whether the employee has any penalties.

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

Repented, improved

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

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

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

Bringing employees to disciplinary liability for committing disciplinary offenses in accordance with Article 22 of the Labor Code of the Russian Federation is right, and not the obligation of the employer, therefore, he is free to use it or not to use it. However, when using the right granted to him, the employer must be guided by the standards established by the Labor Code of the Russian Federation and other federal laws. In addition to legal ones, there are also social and ethical rules that a personnel officer, when applying disciplinary sanctions, must remember, know and follow as commandments.

Let's talk about them.

"Remember the essence"

According to part one of Article 192 of the Labor Code of the Russian Federation, disciplinary sanctions are applied for committing a disciplinary offense. The latter refers to the failure or improper performance by an employee, through his fault, of the labor duties assigned to him. In jurisprudence, a misdemeanor is not only a guilty act, but also an unlawful act of a person capable of delinquency (in this case, an employee).

What is meant by labor responsibilities? According to part two of Article 21 of the Labor Code of the Russian Federation, the employee is obliged to:

conscientiously fulfill his labor duties assigned to him by the employment contract;
comply with the internal labor regulations of the organization;
observe labor discipline;
comply with established labor standards;
comply with labor protection and occupational safety requirements;
treat the property of the employer and other employees with care;
immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property.

This formulation of the norm gives grounds to conclude that disciplinary sanctions can only be applied for failure to perform or improper performance of those job duties that are associated with the performance of labor functions and are directly indicated in the employment contract, and all other obligations (for example, to observe labor discipline, fulfill labor protection requirements, etc.) remain outside the scope of part one of Article 192 of the Labor Code of the Russian Federation. These conclusions have no basis, since this norm implies the entire set of labor responsibilities of an employee assigned to him within the framework of labor relations, and not just the labor function. Most often, the employee’s responsibilities listed in part two of Article 21 of the Code are fully reproduced in the text of the employment contract, and thus ambiguities are eliminated: for non-fulfillment or improper fulfillment of any of them, disciplinary sanctions may be applied to the employee.

Analyzing the essence of disciplinary action, one cannot ignore the following question. Cases of bringing an employee to disciplinary liability for actions not related to the performance of work duties still occur. Thus, employers often apply disciplinary sanctions for “ misbehavior, disgracing the honor of the work collective" following the bringing of an employee to administrative responsibility, for example, for petty hooliganism, other offenses not related to labor activity employee and committed by him outside working hours and outside the employer’s assignment.

Disciplinary action may be taken only for failure to perform or improper performance of labor duties, that is, duties conditioned by the existence of an employment relationship between employee and employer. Meanwhile, exceptions to this rule are possible, and they are provided for by federal laws in relation to individual categories civil servants. For exam- duties, but also committing offenses that discredit the honor of a prosecutor.

In local regulations of organizations, disciplinary offenses for the purpose of determining schemes for applying disciplinary sanctions are divided into two groups:

non-fulfillment or improper fulfillment of duties stipulated by employment contracts, job and production (by profession) instructions;
violation of labor discipline, that is, violation of the rules of conduct mandatory for all employees, determined in accordance with the Labor Code of the Russian Federation, federal laws, collective agreements, agreements, employment contracts, local regulations of the organization, as well as disobedience of employees to these rules.

As already noted, any differentiation of disciplinary sanctions depending on what occurs - failure to fulfill labor duties or their improper performance - is not provided for by law. At the same time, if it is established in local regulations, then it should be assumed that the criteria for the proper performance of duties are:

proper way;
due date;
proper place;
proper volume;
proper subject;
other.

One of the qualifying signs of a disciplinary offense is guilt the employee who committed it. In law, guilt is understood as a person’s mental attitude, in the form of intent or negligence, to his unlawful behavior and its consequences. Guilt in the form of intent means that a person foresaw the illegality of his behavior and the possibility of negative consequences, desired or allowed them and consciously, intentionally did not take measures to prevent them; in the form of negligence - a person foresaw the possibility of harmful consequences of his action or inaction, but frivolously counted on their prevention or did not foresee the possibility of such consequences, although he should and could have foreseen them. For the institution of disciplinary responsibility, the form of guilt is not of fundamental importance. However, the theory of law, as well as the codes of the Russian Federation, have not found a more successful definition of guilt, except by revealing the essence of its forms.

Before applying disciplinary action to an employee, it is necessary to establish the existence of guilt. The most common are disputes regarding lateness to work due to transport problems, bad weather conditions, which the employee is not able to foresee, even if he wishes. The courts have more than once found the application of disciplinary sanctions for absenteeism to be unlawful due to the fact that the employee was not to blame for his absence from the workplace for more than 4 hours in a row during the working day. In order for absence from work to fall under “truancy”, it must be due to unjustified reasons. Whether the reason given by the employee is valid is determined by the employer. However, the court’s point of view does not always coincide with the employer’s opinion. Thus, the administrative detention of an employee, carried out on legal grounds, was recognized by the court as a valid reason for the employee’s absence, and his dismissal for absenteeism was unlawful.

The list of circumstances, as well as the reasons for the employee’s absence from the workplace, giving the employer grounds for applying disciplinary sanctions, was determined by the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 1992 No. 16 “On some issues of the application of legislation by the courts of the Russian Federation when resolving labor disputes"(as amended on November 21, 2000). First of all, equated to absenteeism without a good reason :

a) abandonment of work without a valid reason by a person who has entered into an employment contract for an indefinite period, without warning the employer of termination of the contract, as well as before the expiration of the 2-week warning period;

b) abandonment of work without a good reason by a person who has entered into an employment contract for a certain period before the expiration of the contract;

c) the employee stays without good reason for more than 4 hours during the working day outside the territory of the enterprise, institution, organization or outside the territory of the facility, where he, in accordance with his job duties, must perform the assigned work;

d) unauthorized use of days off, as well as unauthorized departure on vacation (main, additional). It must be taken into account that the use of rest days by an employee is not considered absenteeism in the case where the employer, contrary to the law, refused to provide them, and the time the employee used such days did not depend on the discretion of the employer.

In addition, absenteeism is considered absenteeism due to the employee’s disagreement with a transfer made in compliance with the law.

The following are not considered absenteeism:

employee failure to attend public events;
employee’s avoidance of performing actions not related to work duties;
the employee’s refusal to start work to which he was transferred in violation of the law;
an employee being, without good reason, not at his workplace, but in the premises of another or the same workshop, department or on the territory of an enterprise or facility where he must perform labor functions;
removal of an employee from work by the employer.

Disputes about the legality of applying disciplinary sanctions due to the employee’s innocence also occur in relation to other disciplinary offenses. In judicial practice there have been decisions where improper execution job responsibilities was not recognized as a disciplinary offense for the reason that the incorrect wording of the duties did not make it possible to determine how the employee should fulfill these duties, and therefore, the employee’s guilt could not be considered established.

Another category of controversy concerns periods application of disciplinary sanctions. So, the natural question is whether it is possible to bring an employee to disciplinary liability during the probationary period? After all, an employee is hired on the condition of a test in order to check his compliance with the assigned work? Here we should proceed from the fact that the legislation does not provide for any restrictions on the application of disciplinary sanctions during probationary period. Basically, disputes about dismissal under Article 71 of the Labor Code of the Russian Federation are based on the fact that violation of labor discipline, and primarily tardiness, is cited as an unsatisfactory test result. The position of the workers boils down to the fact that the test was assigned to them in order to check their business qualities, qualifications, and being late does not indicate that their knowledge and professional quality do not allow them to carry out the work assigned to them. To avoid such disputes, employers should not only keep records of all violations of labor discipline, but also promptly apply disciplinary sanctions.

"Don't invent"

Before the introduction of the Labor Code of the Russian Federation, every self-respecting market-type employer invented new types of disciplinary sanctions. The Labor Code of the Russian Federation was ignored under the pretext that he did not comply modern conditions economic development.

We know nothing about punishment with canes in the nineties of the last century, but “salary reductions” took place at every step. It was designated by a capacious word - “fine”. Fines were imposed not only by small and medium-sized enterprises, but also by large enterprises that declared law-abidingness as the main corporate value. Often, deprivation of bonuses was prescribed in the internal labor regulations or personnel regulations in the “Disciplinary Liability” section. Transfers to a lower-paid job or a lower position were also considered an effective measure to combat failure to fulfill official duties, failure to comply with standards, and violation of labor discipline.

It cannot be said that all employers were so bloodthirsty. There was another category - loyal and progressive, who believed that the effect of persuasion, educational conversations and oral comments could be greater than that of punishment. Conversations and persuasion do not seem to be disciplinary sanctions subject to recording, but with their help they can also influence an employee who improperly performs his duties, ignores labor discipline, etc. However, in order for all these verbal “warnings” and “appearances” not to be forgotten, accounting was still required, as well as a description of the schemes for using each of them. So disciplinary sanctions were included in local regulations, imposed orally and not providing for detailed recording, and therefore, compliance with labor legislation.

The illusions of the early-mid-nineties of the last century that the new Labor Code of the Russian Federation should provide for European methods of dealing with negligent workers, allowing for free control of the amount of wages and a simplified dismissal procedure, dissipated as the state labor inspectorate issued orders. They finally disappeared after the introduction of the Labor Code of the Russian Federation, which directly prohibited employers from inventing new disciplinary sanctions.

So, let us turn once again to Article 192 of the Labor Code of the Russian Federation. According to its first part, the employer has the right to apply the following 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 disciplinary sanctions (part two of Article 192). The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted (part three of Article 192).

If you are a commercial organization, stop trying to find federal laws, supplementing the list of types of disciplinary sanctions. In relation to Article 192 of the Labor Code of the Russian Federation, among the federal laws that expand the list of types of disciplinary liability, or, in legal terms, regulating the procedure for bringing to special disciplinary liability, the first should be called the Federal Law of July 31, 1995 No. 119-FZ “On the Fundamentals of the Russian Civil Service Federation" (as amended on 07.11.2000). Along with measures of general disciplinary liability (reprimand, reprimand, dismissal), its Article 14 provides for a warning about incomplete official compliance, as well as a still severe reprimand. In the Law of the Russian Federation “On the Prosecutor’s Office of the Russian Federation,” the list of disciplinary sanctions is supplemented by a reduction in class rank, deprivation of the badge “For impeccable service in the Prosecutor’s Office of the Russian Federation,” and deprivation of the badge “Honored Worker of the Prosecutor’s Office of the Russian Federation.” In fact, all of the listed special types of disciplinary sanctions are, to one degree or another, reproduced in other federal laws dealing with civil servants.

Considering that by introducing your own “Regulations on Discipline” you automatically apply to yourself the norm of part two of Article 192 of the Labor Code of the Russian Federation, you are committing nothing more than a legal error. It “stretches back” from the time of the Labor Code of the RSFSR, when the nature of such documents as charters and regulations on discipline was not defined. Part two of Article 130 of the Labor Code of the Russian Federation only provided that in some sectors of the national economy, statutes and regulations on discipline apply to certain categories of workers. The new owners of industry-forming enterprises used this norm in their own way and adopted charters and regulations in the form of local regulations. The Labor Code of the Russian Federation fills this gap - it is established that statutes and regulations on discipline for certain categories of workers are approved by the Government of the Russian Federation in accordance with federal laws (part five of Article 189). Even now, no one prohibits an employer from adopting a local regulatory act that specifies the internal labor regulations regarding disciplinary liability and calling it a “regulation.” However, it will not fall under the provisions of parts two and three of Article 192 of the Labor Code of the Russian Federation, and therefore should only provide for penalties established by the Labor Code of the Russian Federation.

The disciplinary statutes and regulations provided for by this norm, in particular, include:

Regulations on discipline of railway transport workers (approved by Decree of the Government of the Russian Federation of August 25, 1992 No. 621 (as amended on May 24, 2002);
Charter on discipline of workers of the fishing fleet of the Russian Federation (approved by Decree of the Government of the Russian Federation of September 21, 2000 No. 708);
Charter on discipline of maritime transport workers (approved by Decree of the Government of the Russian Federation dated May 23, 2000 No. 395);
Charter on discipline of employees of organizations with particularly hazardous production in the field of atomic energy use (approved by Decree of the Government of the Russian Federation of July 10, 1998 No. 744);
Disciplinary charter of militarized mine rescue units in transport construction (approved by Decree of the Government of the Russian Federation of July 30, 1994 No. 879) and others.

The Disciplinary Charter of the Customs Service of the Russian Federation stands somewhat apart - it was approved not by the Government of the Russian Federation, but by the President of the Russian Federation (Decree No. 1396 of November 16, 1998).

To prevent inventions from continuing, let us pay attention to the following points.

1. Fines . In jurisprudence, a fine is understood as one of the types of liability, expressed in a sum of money, which is subject to recovery from the person who committed a crime or infraction and is assigned within the limits provided for by criminal law, legislation on administrative offenses, tax and customs legislation, and other branches of legislation. Bodies and their officials whose jurisdiction provides the authority to resolve legal disputes and resolve cases of offenses, assess the actions of subjects of law from the point of view of their legality or illegality are authorized to impose fines. The exception is civil law relations, in which a fine is understood as one of the types of penalties, that is, a sum of money established by law or contract that the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of the obligation.

The employer’s desire to introduce a system of fines is often due not to the fact that the employee does not fulfill duties or production standards at all, but to the fact that the duties are performed improperly - not in full, untimely or formally, production does not meet the specified standards, etc. The indignation of employers that in most European countries wage reductions are legalized, but in Russia they are not, is not entirely justified. According to Article 8 of the ILO Convention on the Protection of Wages (01.07.1949 No. 95), deductions (deductions) from wages are permitted under the conditions and within the limits prescribed by national legislation or determined in a collective agreement or in a decision of an arbitration body. Russian labor legislation really limits the cases and grounds for deductions from wages. However, many employers still have not read the Labor Code of the Russian Federation to the end and have not discovered the norm contained in part three of Article 155. It directly establishes that in case of failure to fulfill labor standards (job duties) due to the fault of the employee, payment of the standardized part of the salary is made in accordance with with the amount of work performed. So far, this norm seems suitable only for material impact on workers and subject to labor rationing. In relation to employees whose job responsibilities are very difficult to account for, recommendations for its use have not yet been fully developed. In order for part three of Article 155 of the Labor Code of the Russian Federation to become working, and its application to be lawful, in job descriptions for employees and production instructions for workers, it is necessary to define a mechanism for recording the performance of duties, as well as to fulfill the requirements of Article 163 of the Labor Code of the Russian Federation.

It is advisable to describe in detail the scheme for applying the third part of Article 155 of the Labor Code of the Russian Federation either in the internal labor regulations, or in the regulation on payment or other act, but at the same time not classify these actions of the employer as disciplinary sanctions, much less call them fines.

2. Deduction of bonuses or “deprivation of bonuses”. This is a more legalized form of material influence on the employee. At the same time, it does not apply to disciplinary measures.

The Legal Department of the Ministry of Labor of Russia back in 2000, in its letter dated July 31, 2000 No. 985-11, explained that the legislation does not contain the concept of “deprivation” of a bonus; The legislation proceeds from the fact that failure to pay a bonus to a violator of labor discipline is not a disciplinary sanction. In each specific case, such issues are resolved in the manner established by the current regulations on bonuses in the organization. This legal position is also true in relation to the Labor Code of the Russian Federation. However, it is necessary to pay attention to the definition of the concept of “wages” contained in Article 129 of the Labor Code of the Russian Federation, from which it follows that wages are remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments; therefore, it also includes various types of bonuses. In order for a bonus to truly meet the criteria for an “incentive payment”, the regulations on bonuses or regulations on remuneration, or other local regulatory legal act regulating issues of remuneration, should define a list of grounds for its payment and describe the system for recording them. But it is not necessary to describe for which offenses the bonus is not paid - for legally significant reasons, the employer’s actions will be subject to disciplinary measures against the employee.

At the same time, in the provision on bonuses or other local regulations, it is possible to link the deprivation of a bonus or a reduction in its size with disciplinary sanctions (for example, “a bonus is not paid to employees who have disciplinary sanctions”). With this approach, it is advisable for the employer to determine periods of non-payment of the bonus (for example, specify that the condition for payment of the bonus is the absence of disciplinary sanctions by the employee during the period of work for which the bonus is accrued).

As for other forms of monetary impact on employees for disciplinary offenses, invented in recent years - deprivation of percentage bonuses, bonuses for the special nature of work, reduction of travel expenses or vacation pay - they directly contradict the current legislation, and the employee’s first appeal to the state labor inspectorate or the court will confirm this. The decision of the latter will already relate to the methods of monetary influence of the state on the employer.

By the way, despite accusations of Belarus of the old, Soviet type of government, its Labor Code is more specific regarding these issues. Article 198 of the Labor Code of the Republic of Belarus establishes that “the following may be applied to employees who have committed a disciplinary offense, regardless of the application of disciplinary measures: deprivation of bonuses, changing the time of granting labor leave and other measures”; “the types and procedure for applying these measures are determined by the internal labor regulations, collective agreement, agreement, and other local regulations.”

What conclusions can be drawn from the above?

Since neither payment of wages in accordance with the amount of work performed, nor deprivation of bonuses (deprivation of bonus, reduction in its size) are disciplinary measures, they:

a) can be applied simultaneously with disciplinary sanctions;

b) their use is not taken into account when an employee is dismissed for repeated failure to comply labor responsibilities.

3. Warning, censure. Despite the fact that the warning legal remedy impact refers to measures of administrative liability, the requirement for compliance with its characteristics enshrined in the Code of Administrative Offenses of the Russian Federation is not as strict as in relation to a fine; especially if it is specified as “a warning about the application of disciplinary measures.” Along with the concept of “warning”, such a form of influence as “put on sight” is used. In fact, these are equivalent concepts - an employee who has committed an offense is warned that if he commits an offense again, he will be “put on notice”, “put under control”, etc. “Censure”, at its core, is a concept of the same kind. Blame is understood as a statement in which the speaker expresses a negative assessment of the employee’s action, his behavior, with the aim of causing a negative emotional reaction in the latter.

Such measures of influence, as a rule, are introduced in organizations whose management does not seek to “cut from the shoulder” and fire people for minor offenses. In case of a minor violation of labor discipline, for example, taking a smoke break before the lunch break, an educational conversation is held with the employee; the employee is warned that if a similar offense is committed again, he will be subject to disciplinary action in the manner prescribed by the Labor Code of the Russian Federation. At the same time, in local regulations these events are often called corporate disciplinary sanctions.

Do not neglect the law and call things by their proper names. Warning, reprimand, etc. can be considered disciplinary measures impact, but not to disciplinary measures responsibility and not to types of disciplinary penalties. In the theory of personnel management, disciplinary action is understood as tools and positive influence on staff (promotions), and negative (penalties, team reaction, etc.). Warning and censure are in the field of employee education, which does not have any legal consequences. Their main goal is to show the employee that he has shortcomings, to help overcome negative traits in behavior and communication with people, and to develop respect for the rules accepted in the organization.

The form of recording and recording such measures of influence on an employee can be either oral or written.

In general, warning, censure, etc. are a kind of analogue of measures social impact, provided for in Article 138 of the previously existing Labor Code of the Russian Federation, according to which the administration has the right, instead of applying a disciplinary sanction, to refer the issue of violation of labor discipline to the consideration of the labor collective, and the latter to apply such measures of social influence as a comradely remark, a public reprimand.

Provided that local regulations provide for the possibility of making a decision to issue a warning to an employee or to censure him by the work collective, all mechanisms must be spelled out in detail in these acts. If a written record of such measures is kept, it must be remembered that in the case where, upon committing a disciplinary offense, the employer limited himself to censure and there is written confirmation of this, then the application of a disciplinary sanction for the same offense may be considered unlawful. To such a situation, the courts, by analogy, can apply the provision of paragraph 29 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 1992 No. 16 “On some issues of the application of legislation by the courts of the Russian Federation in resolving labor disputes,” according to which, if the employer, instead of applying disciplinary action to the employee, penalties referred the issue of his violation of labor discipline to the consideration of the labor collective, by whose decision social sanctions were applied to the employee, he does not have the right to subject the violator to disciplinary action for the same offense, since he did not take advantage of the right granted to him to bring the employee to disciplinary liability. Therefore, you should review your local regulations regarding the mechanism for applying disciplinary measures in conjunction with disciplinary sanctions. Remember that since the Labor Code of the Russian Federation does not contain norms regulating the procedure for applying measures of social influence, your local regulations will be carefully studied by the court and the state labor inspectorate.

"Remember the deadlines"

According to part three of Article 193 of the Labor Code of the Russian Federation, disciplinary sanction is applied no later than 1 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. Part four of the same article establishes that a disciplinary sanction cannot be applied later than 6 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 2 years from the date of its commission; the specified time frame does not include the time of criminal proceedings.

With the application of disciplinary sanctions, it is impossible to be late. You must always remember about deadlines. It is with verification of compliance with established deadlines that state labor inspectorates and courts that consider disputes related to disciplinary action begin.

Let us analyze the above provisions of Article 193 of the Labor Code of the Russian Federation and determine from what moment the calculation of the monthly period begins. Based on the wording of part three of Article 193 of the Labor Code of the Russian Federation, the period is counted from the moment detection offense, it does not matter how it was discovered. For example, the obligation to detect lateness for work by the employee’s immediate supervisor in the system of recording work attendance at the checkpoint is controversial. In this case, the employee’s attendance at work is recorded by a special employee who records the time of employees’ attendance and, accordingly, is the first person to detect a violation of labor discipline. The same can be said in relation to employees of the personnel department, who, by the regulations of the department and (or) job descriptions, may be vested with the authority to exercise control over discipline in various forms(workplace inspections, etc.). In this case, it will be these workers who will record the fact of violation of labor discipline.

But, at the same time, in most cases, the person who has the opportunity to detect a disciplinary offense is the employee’s immediate supervisor. Thus, the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 1992 No. 16 “On some issues of the application of legislation by the courts of the Russian Federation in resolving labor disputes” determined that the day of detection of the misconduct, from which the month period begins, is considered the day when the person in service the employee is subordinated, it became known about the commission of an offense, regardless of whether it is vested with the right to impose disciplinary sanctions or not.

Neither the Labor Code of the Russian Federation nor other acts of labor legislation contain an explanation of how to count the monthly period in the event of a long absence of an employee. In order for the deadlines established by part three of Article 193 of the Labor Code of the Russian Federation to be formally met, as well as to find out the reasons for the employee’s long absence from work, logically, the starting point should begin from the last, and not from the first, day of absenteeism. This legal position can be seen in court decisions. However, this is only possible if the misconduct ends, that is, the employee shows up for work. How to act in case of long-term absenteeism and fulfill the requirements of Article 193 of the Labor Code of the Russian Federation is explained in detail below.

By virtue of the law, the monthly period for applying a disciplinary sanction does not count only the time the employee is ill or on vacation; absence from work for other reasons, including in connection with the use of days of rest (time off), regardless of their duration (for example, with a rotational method of organizing work), does not interrupt the flow of the specified period. Vacation that interrupts the flow of a month should include all vacations provided by the employer in accordance with current legislation, including annual (main and additional) vacations, vacations in connection with training educational institutions, short-term leaves without pay and others.

In addition, as established by part three of Article 193 of the Labor Code of the Russian Federation, the time required to take into account the opinion of the representative body of workers when it comes to applying a disciplinary sanction in the form of dismissal against a member of a trade union is not included in the monthly period.

How to record the fact of committing an offense? After all, before the employer issues an order (instruction) to apply a disciplinary sanction, a lot can change (the exact date of the offense, its essence, etc. will be forgotten). To record the date and substance of the disciplinary offense, the documents listed in the next section of this publication can be used.

When applying a disciplinary sanction in the form of dismissal under subparagraph “d” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation, the monthly period is calculated from the date of entry into force of the sentence that established the employee’s guilt in theft of someone else’s property, or the resolution of the competent authority to impose penalties on the employee for this offense administrative penalty. Regarding the last act - the resolution of the body authorized to draw up protocols on administrative offenses - there are several features that must be taken into account:

the rule on the passage of a month from the date of entry into force of the decision of the competent authority applies only to such administrative offenses as theft of someone else's property, embezzlement, deliberate destruction of property or damage to property. It does not apply to other offenses;
if the same offense, in accordance with local regulations, relates to disciplinary offenses, and in accordance with the Code of Administrative Offenses of the Russian Federation - to administrative offenses, and a case of an administrative offense is initiated, then the month period begins from the moment the offense is discovered, and the employer is not charged link the application of disciplinary sanctions with the decision to bring to administrative responsibility. For example, an inspection of a store conducted by officials of control and supervisory authorities revealed an offense such as failure to use a cash register when releasing goods to customers. A protocol on an administrative offense under Article 14.5 of the Code of Administrative Offenses of the Russian Federation was drawn up. However, this offense is also a disciplinary offense, since the obligation to use the cash register is assigned to the seller by his employment contract and production (by profession) instructions. If the employer waits for the decision of the control and supervisory authority, then he risks missing the month deadline established by Article 193 of the Labor Code of the Russian Federation, since the time frame for investigation and consideration of a case of an administrative offense established by Articles 28.7 and 29.6 of the Code of Administrative Offenses of the Russian Federation is equal to one and a half months and may be in the case the complexity of the cases under consideration has been extended for another 1 month. Since the moments of detection of administrative and disciplinary offenses coincide, in practice events will develop in such a way that during the investigation and consideration of the offense, the period for imposing a disciplinary sanction will expire before the decision to impose an administrative penalty is issued. When applying a disciplinary sanction in cases similar to the example described, it should be remembered that as a result of the investigation and consideration of an administrative offense, it may be established that the employee is not at fault, and then he will have grounds to appeal to the court or the state labor inspectorate.

Part four of Article 193 of the Labor Code of the Russian Federation establishes that disciplinary sanction cannot be applied later than 6 months from the date committing misconduct, and based on the results of an audit, inspection of financial and economic activities or an audit - later than 2 years from the date of its commission; the specified time frame does not include the time of criminal proceedings.

Naturally, this rule can be applied to an employee who continues to work in the organization. If the fact of committing a disciplinary offense is established after the employee’s dismissal, there can be no question of disciplinary liability.

At the same time, the employer has the right to apply a disciplinary sanction to the employee even if, before committing this offense, he filed an application for termination of the employment contract on his own initiative, since the employment relationship in this case is terminated only after the expiration of the notice period for dismissal. This follows from paragraph 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 1992 No. 16 “On some issues of the application of legislation by the courts of the Russian Federation in resolving labor disputes.”

The six-month period from the date of commission of a disciplinary offense corresponds to the one-month period from the date of discovery of the misconduct as follows. If the offense was committed, for example, on April 1, and the employer discovered it on August 1, then until September 1, the employer can apply a disciplinary sanction to the employee. If the employer discovered it on September 1, then the penalty can be applied only until October 1. But if the offense was discovered on October 1, then the 6-month period from the date of its commission has expired, and, therefore, the employer cannot exercise its right to bring the employee to disciplinary liability. The exception is cases when the misconduct is discovered as a result of an audit, inspection of financial and economic activities or an audit. Then the period for applying a disciplinary sanction increases to 2 years from the date of commission of the offense. In this case, the monthly limitation provided for in part three of Article 193 of the Labor Code of the Russian Federation must still be taken into account.

"Be scrupulous"

Scrupulous recording of facts of disciplinary offenses is necessary. Firstly, in order not to forget about exact date their commission and essence, and secondly, in order to have a documentary basis for the head of the organization to issue an order (instruction) to apply a disciplinary sanction, if the employee’s immediate supervisor is not vested with the authority to apply disciplinary sanctions.

HR practice has developed two approaches to the preparation of documents confirming the commission of a disciplinary offense:

in the event of non-fulfillment or improper fulfillment of labor duties stipulated by the employment contract, the employee’s immediate supervisor draws up a proposal to bring the employee to disciplinary liability;
on the fact of violation of labor discipline, non-compliance with internal labor regulations, a report is drawn up.

A relatively small number of organizations delegate the authority to apply disciplinary sanctions to heads of structural units. As a rule, these employees are given the right to submit representations to the head of the organization (deputy head of the organization for personnel) about bringing the employees subordinate to them to disciplinary liability. The expediency of preparing such a presentation is explained by the fact that only the employee’s immediate supervisor can determine whether the employee, for example, properly performs his job duties. Practitioners proceed from the fact that to confirm the fact of non-fulfillment or improper performance of functions, it is not necessary to involve other employees, and therefore, it is inappropriate to draw up a report. As an example of presentation, the form given in the “PAPERS” section can be used. His immediate superior can also notify the head of the organization that an employee has committed a disciplinary offense by sending a memo. And only if he wants to protect himself from accusations of bias, and also distribute the burden of his responsibility to other employees, the fact of committing a disciplinary offense can be recorded using an act.

It is advisable to draw up an act in the event of detection of violations of labor discipline, identification of facts of non-compliance with internal labor regulations. So, if control over labor discipline is carried out by employees of the personnel department, and during workplace inspections they revealed facts of being late for work, leaving the workplace during the working day, absenteeism, appearing at work in a state of intoxication, etc., then such offenses it would be correct to reflect it in an act signed by several employees (approximate forms of acts, as well as examples of their completion, are given in the “PAPERS” section).

Scrupulousness is necessary not only when drawing up representations and acts, but also when taking into account all disciplinary sanctions imposed on the employee. Since labor legislation prohibits the entry of information about disciplinary sanctions into work books, and the personal card does not provide columns for entering such information, the employer establishes the forms and methods for recording disciplinary sanctions independently. As a rule, an extract from the order (instruction) of the head of the organization on the application of a disciplinary sanction, as well as representations, acts and other documents that served as the basis for issuing the order, are filed in the employee’s personal file. Instructions for record keeping in an organization may stipulate that an order (instruction) to apply a disciplinary sanction is placed directly in the personal file or compiled into a separate file “Orders for personnel (personnel).”

Since orders (instructions) on penalties, in comparison with other orders regarding personnel, have a shorter storage period (only 5 years), practice has developed another way of entering information about the application of a disciplinary sanction to an employee into a personal file - by maintaining a sheet (sheet , cards) of rewards and penalties, which is stored in the employee’s personal file throughout his entire work in the organization. Such a document was necessary for the personnel service to determine the possibility of rewarding the employee in accordance with part three of Article 137 of the Labor Code of the Russian Federation, which established that during the period of validity of the disciplinary sanction, incentive measures are not applied to the employee. The Labor Code of the Russian Federation does not contain a ban on rewarding employees who have disciplinary sanctions. Meanwhile, personnel services continue to keep records of penalties to determine the employee’s right to promotion, the degree of the next penalty imposed, taking into account the existing one, to timely remove disciplinary sanctions, etc. It would be more correct to call such a document a “sheet of penalties”, since to reflect information about incentives, the corresponding section is provided in the personal card (the list of penalties can be maintained in the form given in the “PAPERS” section).

Vedomosti Supreme Council USSR, No. 20(83), 07/05/1940.

"Listen to the explanation"

The employer is obliged to listen to the employee’s explanations before applying disciplinary collection. Moreover, by virtue of the first part of Article 193 Labor code RF, he must require explanations in writing.

The employee can present his explanations in various ways.

First of all - in the explanatory note . It is advisable that this document be drawn up by an employee in free form by hand. However, in a number of organizations, in order for the explanations to be harmonious and logical, they practice the use of template forms in which the employee is asked to fill out columns (rows, cells) intended to answer the questions: what are the reasons (motives) for committing a disciplinary offense, does the employee consider himself guilty of the misconduct; if not, then who, in the employee’s opinion, should be subject to disciplinary action. The explanatory note is addressed either to the head of the organization, or his deputy for personnel, or the head of the personnel department, or the head of the structural unit that includes the employee. Who specifically should be defined in the local regulations of the organization.

The second option for obtaining explanations is to record the employee’s explanations in an act drawn up upon the commission of a disciplinary offense , by certifying the employee’s explanations with his signature.

According to part two of Article 193 of the Labor Code of the Russian Federation, an employee’s refusal to give an explanation is not an obstacle to the application of disciplinary action. However, it does not at all follow from this that if an employee refuses to explain the reasons for his behavior, then the employer can safely apply disciplinary action. The refusal must be recorded- either in an act drawn up upon the commission of a disciplinary offense, or in a separate act on refusal to give explanations. In the first case, after stating the essence of the offense and the signatures of the compiler and those present, a note is made that the employee refused to provide explanations, and the persons involved in drawing up the act once again put their signatures.

One of the most difficult situations in personnel practice is long absences. The employee does not show up for work and does not provide any information about himself or the reasons for his absence. The employer suffers losses - the work is not performed, it is impossible to fire the employee, since the reasons for non-appearance are unclear, and it is not possible to hire a new employee staffing table. In this case, the employer can be advised only one thing: to send a notification letter to the employee’s known place of residence or location, in which he is required to explain the reason for his long absence from work and warn that if within a certain period of time from does not receive a response, the employer will exercise its right to apply disciplinary sanctions, up to and including termination of the employment contract under subparagraph “b” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation. It should be noted here that when considering cases of reinstatement at work of those dismissed for long absence, the courts resolved this issue differently: there were also cases of reinstatement because the employee long time was absent due to temporary incapacity for work, and there was no opportunity to notify the employer, and cases of dismissal for long absence of an employee who never showed up for work were recognized as lawful.

If there are doubts about the veracity of the information received from the employee as a result of his explanations, the HR department checks them. For example, a human resources inspector may call the employee's home health department and find out whether there was a plumbing malfunction that the employee cited as the reason for his tardiness. If an employee has submitted a certificate of temporary incapacity to work to justify the reason for his absenteeism, but there are doubts about its authenticity, a HR specialist can contact a special unit of the Federal Social Insurance Fund of Russia, which monitors the legality of issuing certificates of incapacity for work.

The reasons for the employee’s failure to fulfill his official duties, listed in the explanatory note, must be analyzed together with the employee’s immediate supervisor. In addition, it will be necessary to study the terms of the employment contract describing the employee’s job function and job responsibilities, the provisions of the job description and other documents relating to the employee’s job function.

"Don't overdo it"

According to part five of article 193 of the Labor Code of the Russian Federation For each disciplinary offense, only one disciplinary sanction can be applied .

It is unacceptable for an employee to be subject to one disciplinary sanction, for example a reprimand, for committing one disciplinary offense, and then another for the same offense. If, for example, an employer reprimanded the employee for appearing at work on April 7, 2003 while intoxicated, and issued a corresponding order, then he does not have the right to apply a disciplinary offense to the same employee for the same disciplinary offense (that is, for appearing at work on April 7, 2003). year under the influence of alcohol) a second disciplinary sanction, for example, dismissing an employee under subparagraph “b” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation. Having reprimanded the employee, the employer exercised his right to choose the type of disciplinary sanction, and he has no right to change his decision.

Another thing is a continuing disciplinary offense, that is, an offense that continues over a long period of time. If, upon discovering a disciplinary offense, the employer applied a disciplinary sanction, but this disciplinary offense continues (this particular offense, and not the next one, even a similar one), then in accordance with the explanations of the Supreme Court of the Russian Federation (paragraph 32 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 1992 No. 16 “On some issues of the application of legislation by the courts of the Russian Federation when resolving labor disputes” (as amended on November 21, 2000), it is permissible to apply a new disciplinary sanction to an employee, including dismissal on appropriate grounds.

A continuing offense continues uninterrupted until it is stopped. The employer applies disciplinary action precisely for the purpose of suppressing behavior expressed in non-fulfillment or improper performance of a specific job duty. If it is not fulfilled, that is, it was not possible to stop this disciplinary offense by bringing the employee to disciplinary liability, the employer has the right to apply a new disciplinary sanction for the same offense. For example, an employee was reprimanded for late preparation of reports for the first quarter. However, even after the disciplinary sanction was applied, the employee did not prepare reports within the time allotted to him by the employer. In this case, the employer did not stop the misconduct by applying a disciplinary sanction, and he has the right to exercise his right to apply a new disciplinary sanction. Naturally, everything said is lawful only if the employee is really guilty of committing an offense.

Repeated offense is another matter. This is understood as an offense committed again after a certain time has passed after the suppression of a similar offense. Let's take the same example. The employee, after being reprimanded for untimely preparation of reports for the first quarter, prepared the reports within the time limits established by the order (instruction) on the application of a disciplinary sanction. When preparing reports for the second quarter, the employee again violated the deadlines for preparing reports, that is, he committed a similar offense. In this case, the employer cannot use the above clarification of the Supreme Court of the Russian Federation.

As for repeated disciplinary offenses, for the application of paragraph 5 of Article 81 of the Labor Code of the Russian Federation, it is not of fundamental importance whether a similar offense was committed or another. By the way, employers need to be careful here. This provision provides that the basis for dismissal is only repeated failure to fulfill duties in conjunction with disciplinary action, but not repeated improper performance of job duties. This formulation already allows employees to defend their case in the courts, citing the fact that they only improperly fulfilled their duty, and therefore, there are no grounds for dismissal under paragraph 5 of Article 81 of the Labor Code of the Russian Federation.

The law does not prohibit an employer for the same offense bring the employee to both disciplinary and financial liability . If the purpose of the first is to suppress the misconduct, then the purpose of the second is to compensate for the damage caused to the employer, including as a result of the commission of the misconduct. This follows from part six of Article 248 of the Labor Code of the Russian Federation: “compensation for damage is made regardless of the employee being brought to disciplinary, administrative or criminal liability for actions or inactions that caused damage to the employer.” When bringing an employee to disciplinary and financial liability at the same time, the employer must fulfill the requirements established by both Chapter 30 and Chapter 37 of the Labor Code of the Russian Federation.

In the same way, he is not bound by the prohibition on the use of such measures of material pressure on an employee for failure to perform or improper performance of labor duties, such as deprivation of bonus or reduction in its size . If a disciplinary sanction was applied to an employee (for example, a reprimand) and if, in accordance with a local regulatory act of the organization (for example, a regulation on bonuses or regulations on wages), this is reflected in the amount of the bonus or its payment in general, then deboning or paying the bonus in a smaller amount cannot be considered a second disciplinary sanction (see the commandment “Thou shalt not invent”).

Suspension from work is not a disciplinary sanction. , carried out according to the rules established by Article 76 of the Labor Code of the Russian Federation. The employer has the right to apply disciplinary sanctions to an employee who, through his (the employee’s) fault, has not undergone a mandatory periodic medical examination in the prescribed manner, and at the same time is obliged to remove him from work. The same actions can (in relation to the application of disciplinary sanctions) and must be taken (in relation to removal) if the employee, through his own fault, has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner. The employer must suspend an employee who appears at work in a state of alcohol, drug or toxic intoxication; however, the suspension will not prevent him from bringing the employee to disciplinary liability.

"Don't exceed"

This refers to the powers that are often exceeded by both personnel department employees and heads of structural divisions, when, before issuing the corresponding order (instruction), they loudly and in the presence of the entire team announce a reprimand or reprimand, or that the employee is fired.

The right to apply disciplinary sanctions The employer is entitled to the first part of Article 22 of the Labor Code of the Russian Federation. According to part four of Article 20 of the Code of Rights and Responsibilities of the Employer in labor relations are carried out:

an individual who is an employer;
governing bodies legal entity(organizations) or persons authorized by them in the manner established by laws, other regulatory legal acts, constituent documents of a legal entity (organization) and local regulations.

In organizations, the right to bring an employee to disciplinary liability is usually vested in sole executive body, that is, the head of the organization (CEO, director, president, etc.). This right is secured either in constituent documents, or in other local regulations of the organization (for example, in the regulations on general director, provisions on material and moral incentives for personnel), as well as in the employment contract with the head of the organization.

By order on the distribution of responsibilities, the head of the organization can delegate the authority to bring employees to disciplinary liability to his Deputy for Personnel or other official .

It is extremely rare that the authority to apply disciplinary sanctions is transferred to the heads of structural units. As a rule, in resolving issues of bringing to disciplinary liability line managers are given the main, but not decisive role - they are assigned the right to direct submissions on bringing subordinate employees to disciplinary liability, reports or memos containing proposals to bring the employee to disciplinary liability.

The actions of HR department employees in the scheme for applying disciplinary sanctions must be strictly described in the organization’s local regulations (for example, in the regulations on material and moral incentives for personnel, regulations on the HR department, job descriptions of department specialists).

"Be Fair"

Part three of Article 135 of the previously existing Labor Code of the RSFSR provided that when imposing a disciplinary sanction, the severity of the offense committed, the circumstances under which it was committed, previous work and the behavior of the employee should be taken into account.

Since the entry into force of the Labor Code of the Russian Federation, the right to choose the type of disciplinary sanction belongs entirely to the employer. At first glance, from the point of view of the law, he is not charged with clarifying the listed circumstances and facts.

But if today the Supreme Court of the Russian Federation had to give explanations on the application of Article 193 of the Labor Code of the Russian Federation, it would undoubtedly draw the attention of employers to the fact that the severity of the offense, the circumstances of its commission, the previous characteristics of the employee and his behavior should be taken into account when determining disciplinary measures for an employee, since all of them are key elements of the principles of validity and fairness of any type of legal liability.

At present, a draft federal law “On Amendments and Additions to Article 193 of the Labor Code of the Russian Federation” has already been prepared, which proposes to supplement Article 193 of the Code with the following part: “When imposing a disciplinary sanction, the compliance of the disciplinary sanction with the gravity of the offense committed, the circumstances in which it was completed, the previous work and the behavior of the employee” - that is, in fact, return the previously withdrawn norm. In the explanatory note to the bill, the non-inclusion of this legal norm in the Labor Code of the Russian Federation is called a technical omission. The developers of the bill proceed from the fact that earlier (during the period of the Labor Code of the Russian Federation) it forced the employer to make more objective decisions when bringing employees to disciplinary liability. According to the conclusion of the Labor and social policy of the State Duma of the Russian Federation on the draft federal law “On Amendments and Additions to Article 193 of the Labor Code of the Russian Federation”, the absence of a rule on the employer’s obligation to take into account a number of factors when applying disciplinary sanctions will lead to the fact that in practice an employee can, for example, be fired for minor violations labor discipline, although the application of such a disciplinary measure will not correspond to the degree of his guilt and take into account other significant circumstances. This will create a real possibility of abuse of rights. The bill received 29 legislative (representative) reviews and 50 reviews from the highest executive bodies of state power of the constituent entities of the Russian Federation.

The Legal Department of the State Duma Staff did not express any legal comments on the bill; The Federation Council Committee on Social Policy supported the concept of the bill.

The Government of the Russian Federation, on the contrary, considered the adoption of this bill inappropriate. The main argument for this position is the opinion that establishing a specific list of circumstances that must be taken into account when bringing an employee to disciplinary liability will narrow the range of issues examined by the employer when identifying the reasons that led to the commission of a disciplinary offense. As follows from the conclusion of the Committee on Labor and Social Policy of the State Duma of the Russian Federation on the bill, the opinion of the Government of the Russian Federation is based on a restrictive interpretation of the proposed norm as an exhaustive list of circumstances to be taken into account by the employer when imposing a disciplinary sanction. However, from the explanatory note it follows that the concept of the bill is not to establish an exhaustive list of circumstances to be taken into account, but to legally oblige the employer to make more objective decisions when bringing employees to disciplinary liability. When finalizing the bill for the second reading, amendments may be made to it in order to expand the specified list or make it open.

The official review of the Government of the Russian Federation rightly notes that before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. Indeed, having received the employee’s explanations, the employer can find out the circumstances of the disciplinary offense, as well as the degree of guilt of the employee who committed it. But the employer’s obligation to take into account the circumstances clarified in this way is not established by the Labor Code of the Russian Federation.

In addition, it is stated that the severity of the offense committed, the circumstances under which it was committed, as well as the employee’s previous work and behavior, as well as other circumstances of the case, must be taken into account by state labor inspectorates or labor dispute resolution bodies when the employee appeals the imposed disciplinary sanction. It seems that this argument cannot be considered justified, since these bodies in their activities must be guided only by the law. The absence in the law of an indication of the need to take into account the above circumstances will not allow making decisions about the inadequacy of the penalty applied by the employer.

Taking into account the above, the Committee on Labor and Social Policy of the State Duma of the Russian Federation supported the draft federal law “On Amendments and Additions to Article 193 of the Labor Code of the Russian Federation” and recommended that the State Duma adopt it in the first reading.

Whether or not amendments will be made to the Labor Code of the Russian Federation obliging, when applying a disciplinary sanction, to take into account the severity of the offense committed, the circumstances in which it was committed, the previous work and behavior of the employee, the employer should remember fairness. And also that the court will still check whether the employer took into account these circumstances, and if not, it will strongly recommend that the employer reconsider its decision, especially if it resulted in dismissal (the court does not independently replace one disciplinary sanction with another, as well as dismissal with another sanction). has the right, since imposing a disciplinary sanction on an employee is the competence of the employer with whom the employee has an employment relationship (part two of paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 1992 No. 16 “On some issues of the application of legislation by the courts of the Russian Federation in resolving labor disputes” ).

"Do it according to the rules"

The employer’s decision to apply a disciplinary sanction to an employee must be expressed in order (instruction) of the employer . Within three working (not calendar!) days from the date of publication, due to the requirements of part six of Article 193 of the Labor Code of the Russian Federation, it must be announced to the employee against receipt.

If a decision is made to apply such a disciplinary sanction as dismissal on the appropriate grounds, then the order (instruction) is drawn up according to the unified form No. T-8 - on termination of the employment contract with the employee. In this case, in the lines “grounds for dismissal” a link is given to the clause and article of the Labor Code of the Russian Federation, and in the line “Grounds” the documents are listed that document the fact of detection of a disciplinary offense (act, explanatory note, etc.).

Since the unified form of a general order (instruction) on the application of a disciplinary sanction in the form of a reprimand or reprimand has not been approved at the federal level, the employer independently determines its content. Such an order (instruction) should reflect:

the essence of the disciplinary offense;
time of commission and time of discovery of the disciplinary offense;
type of penalty applied;
documents confirming the commission of a disciplinary offense;
documents containing the employee’s explanations.

The order (instruction) on the application of a disciplinary sanction can also provide a brief summary of the employee’s explanations.

One of the essential points in the preparation of this document is the approval of the project by the head of the legal service or the organization’s lawyer. The approval must be preceded by a check of the order (instruction) for compliance with the legislation of the applied disciplinary sanction and compliance with the deadlines for bringing to disciplinary liability. The head of the legal service or the organization’s lawyer must familiarize himself with all materials relating to the disciplinary offense, as well as the explanations of the employee for whom the order (instruction) to apply a disciplinary sanction is being prepared. An approximate form of an order to apply a disciplinary sanction is given in the “PAPERS” section (page 55).

"Make no mistake"

When counting or summing up disciplinary sanctions, one cannot make mistakes.

Previously, the attention of employers was drawn to the fact that neither the deprivation of bonuses and lawful reduction of wages, nor reprimands and other inventions are considered disciplinary sanctions. Consequently, their summation is unlawful and unfounded. It is impossible to deprive a bonus (produced, of course, on legal grounds) as the first penalty and, if the employee commits one disciplinary offense during the year, apply paragraph 5 of Article 81 of the Labor Code of the Russian Federation.

What else needs to be paid attention to when summing up disciplinary sanctions is the “following” of disciplinary sanctions when transferring an employee. For example, an employee holding the position of quality control engineer was reprimanded for producing a defective batch of products. A month later, the employee was transferred to the position of head of the quality control department. In this position, he committed a disciplinary offense, which resulted in failure to provide department employees with OKC stamps. Can an employer apply a disciplinary sanction to him in the form of dismissal under paragraph 5 of Article 81 of the Labor Code of the Russian Federation? Answering this question, one should proceed from the essence of disciplinary responsibility: it is focused not on ensuring the fulfillment of a labor function within the framework of a specific and defined position, but on ensuring the employee’s diligence and conscientious attitude towards work in general. Transfer to another position, to another job with the same employer does not entail the cancellation of the disciplinary sanction. It does not matter that it was imposed for failure to perform or improper performance of labor duties in another position or other work.

When summing up disciplinary sanctions, you need to remember the following.

"Remember forgiveness"

In accordance with part one of Article 194 of the Labor Code of the Russian Federation, 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 without disciplinary action . Therefore, before determining whether another offense gives grounds to believe that there is a repeated failure to fulfill duties, you should review the orders for personnel (personnel) on the application of disciplinary sanctions, an extract from the order (instruction) on the application of a disciplinary sanction in the employee’s personal file, “sheet penalties" or another document recording penalties to determine whether the previously imposed disciplinary sanction has lost its force.

A disciplinary sanction can also be withdrawn from an employee. According to part two of Article 194 of the Labor Code of the Russian Federation, 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:

1) on your own initiative. The employer, based on his own observations of the employee, can issue an order (instruction) to lift a disciplinary sanction for the employee’s impeccable behavior, high performance indicators and other positive characteristics. As a rule, the HR department is entrusted with monitoring the behavior of an employee after a disciplinary sanction has been imposed on him. In this case, he will be the initiator of the removal of the disciplinary sanction;

2) at the request of the employee himself. The employee, realizing his negative behavior, made every effort to correct the consequences of a previously committed disciplinary offense, established himself with positive side, increased the quality and performance of his work. Why doesn’t he himself turn to the employer with a request to take into account his services to the organization and “forget” about the previously committed offense? He must put his request in writing in the form of an application addressed to the head of the organization or the person whose administrative act imposed the disciplinary sanction;

3) at the request of the employee’s immediate supervisor. The initiative of the immediate manager is expressed in a document entitled “petition” or “representation”;

4) at the request of the representative body of workers. The representative body can express its opinion in the same form as the employee’s immediate supervisor, i.e. in a petition or submission.

A petition to lift a disciplinary sanction against an employee can also be voiced orally, for example, at a meeting of the labor collective. In this case, it is recorded in the minutes of the meeting and must be reviewed by the employer.

The final decision on whether or not to lift a disciplinary sanction based on a request from an employee or a petition from an immediate supervisor or a representative body of employees is made by the employer, or rather, the person whose administrative act applied it.

On the removal of a disciplinary sanction, the employer must issue a corresponding order (instruction), on the basis of which the relevant information is entered into the personnel records documents (an example of an order (instruction) on the removal of a disciplinary sanction is given in the “PAPERS” section (p. 56).

"Don't forbid"

According to Part 7 of Article 193 of the Labor Code of the Russian Federation, a disciplinary sanction can be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes (the labor dispute commission and the court). Any restriction of an employee’s right to appeal through local regulations, individual acts (receipts from the employee that he will not complain, etc.) is void.

It was previously noted that, for example, a court considering a labor dispute about the illegality of dismissal for committing a disciplinary offense cannot replace dismissal with another type of penalty. However, having recognized the employer’s decision as unlawful, he thereby limits the latter to the terms of application of another disciplinary sanction. Thus, if a disciplinary sanction was applied by a person not authorized to bring the organization’s employees to disciplinary liability, and as a result of consideration of the case in court or in a labor dispute commission, checks state inspection labor it will be cancelled, then the employer risks missing the deadlines allotted by the Labor Code of the Russian Federation for the application of disciplinary sanctions.

In order for the disciplinary procedure to be manageable at the employer level, the latter should not prohibit employees from appealing the actions of their immediate superiors. Such a prohibition in relation to jurisdictional bodies (courts, federal labor inspection) is illegal, and in relation to higher officials of the organization - it only limits the opportunity to resolve the dispute without leaving the organization.

From the history of disciplinary responsibility

Institute disciplinary responsibility V pre-revolutionary Russia included various measures disciplinary collection: “reprimands more or less severe”, “reprimands with entry into the service record” and “reprimands without entry into the service record”, “deduction from salary”, “deduction from service time of various periods”, “movement from a higher position to a lower one” , “removal from office” and “dismissal from office”. It should be noted that in the overwhelming majority they were linked to criminal liability, as they were provided for in relation to persons in the public service. As for free-hire workers, the employer established penalties independently for defects, failure to comply with production standards, tardiness and other violations, of which the least was a deduction from earnings, and the most common was dismissal.

Until 1863 (the reforms of Alexander II), corporal punishment was used not only against serfs, but also against hired workers, journeymen, and students. Their rights in Russian factories and factories were not regulated by any acts until 1886 (before the introduction of the decree “On the supervision of factory industry establishments and on the mutual relations of factory owners and workers”). However, cases of punishing workers with whips and rods occurred until the end of 1905. Only with the first Soviet decrees was corporal punishment finally abolished, and education through persuasion was proclaimed as the main method of dealing with discipline violators. Over time, the Soviet state reconsidered such a loyal attitude towards disciplinary offenses, and in 1940 (June 26) the Decree of the Presidium of the Supreme Soviet of the USSR was issued “On the transition to an 8-hour working day, to a 7-day working week and on the prohibition of unauthorized departure of workers and employees from enterprises and institutions." This act established judicial (!) liability: “for absenteeism without a valid reason, workers and employees of state, cooperative and public enterprises and institutions are brought to trial and, by a verdict of the people’s court, are punished by corrective labor at the place of work for up to 6 months with deduction from wages.” fees up to 25%." People's judges who considered such cases individually (without the participation of people's assessors) were ordered to resolve them within no more than 5 days and to carry out sentences in these cases immediately. In addition, directors of enterprises and heads of institutions were also brought to justice for failing to bring to trial those guilty of absenteeism without good reason. By the way, being more than 20 minutes late was considered absenteeism. Judicial liability in the form of correctional labor was abolished only in 1956.

By 1971, the Labor Code of the RSFSR provided for such types disciplinary penalties, How:

comment;
rebuke;
severe reprimand;
transfer to a lower-paid job for up to 3 months;
dismissal (for appropriate reasons).

Transfer to a lower-paid job “lasted” as a disciplinary measure until 1992 (until amendments and additions were made to the Labor Code of the RSFSR by Law of the Russian Federation of September 25, 1992 No. 3543-I). Having ratified ILO Convention No. 105 on the Abolition of Forced Labor (Federal Law No. 35-FZ of March 23, 1998), Russia had to bring national legislation into line with the standards of the Convention. Transfer to a lower-paid job as a disciplinary measure, that is, for the purpose of maintaining labor discipline, meets the criteria for forced labor set out in the said Convention. There is not a word in the new Labor Code of the Russian Federation about transfer as a measure of disciplinary liability. Moreover, Article 4 of the Code directly establishes a ban on forced labor, that is, performing work under the threat of any punishment (forceful influence), including for the purpose of maintaining labor discipline. It should be noted here that, in accordance with certain charters and regulations on discipline, transfer to another, lower-paid job or another, lower position for a period of up to 3 months is still possible, but only with the consent of the employee.

Detailed solution Paragraph § 14 in social studies for 11th grade students, authors L.N. Bogolyubov, N.I. Gorodetskaya, L.F. Ivanova 2014

Question 1. Is it true that the activities of each person are controlled by society? Is it good or bad? Are there rules of conduct for everyone? What kind of person can become a criminal? What are the dangers of alcohol and drugs?

Yes, this is good because society helps a person not to go astray the right path, don't make mistakes.

Social norms - general rules and patterns of behavior that have developed in society as a result of long-term practical activities people, during which optimal standards and models of correct behavior were developed.

Social norms determine what a person should do, how he should do it, and finally, what he should be like.

The personality of a criminal differs from the personality of a law-abiding person in that it is a social danger; it is characterized by criminal needs and motivation, emotional-volitional deformations and negative social interests.

Alcohol does not solve problems, but on the contrary, it makes them even worse. In a state of intoxication, a person commits inappropriate actions, the normal functioning of many organs (including the brain) is disrupted, which leads to its gradual degradation, and relationships with other people are also destroyed. And if you don't stop in time, it ultimately leads to death.

Questions and tasks for the document

Question 1. Give your own examples of universal, racial, class, group norms.

Universal ones: raising children, helping the sick and the elderly, and biblical ones (thou shalt not kill, thou shalt not steal, thou shalt not commit adultery).

Racial: let’s say the Caucasian race has general democratic values (equality before the law, elections of the head of state, freedom and value of the individual), while the Mongoloid race usually has a dictatorship of the head of the state or the ruling party, the value is not personal, but collective benefit.

Class: Courchevel for the oligarchs, Türkiye and Egypt for the middle class and a village for the poor.

Group: for students - study and, accordingly, everything connected with it, for athletes - training, for the military - exercises or combat operations.

Question 2. To what level of community can the norms be attributed: “don’t steal”, “before the New Year we go to the bathhouse together”, “separate education for blacks and whites”, “solidarity of workers of all countries”?

1. Universal.

2. Intragroup.

3. International

4. Group.

Question 3. What does a higher or lower level of norms mean? Why do the authors place natural human rights at the highest level?

A higher level of social norms are those norms that play biggest role in society and the violation of which leads to significant negative consequences for individuals and society as a whole.

Lower level of social norms - violation of which does not cause much harm to society and therefore informal social control is quite sufficient.

Question 4. Why is the most decisive government action necessary in the event of a violation of higher-level norms?

Because if high-level norms are violated, the consequences can be much more serious.

Question 5. How does social control manifest itself in the event of a violation of a lower level of social norms? Why?

It is expressed in informal pressure from society on the offender. Public censure, ostracism, etc. Because the norms of the lower level, although not written down as law, the implementation of these norms as a whole is socially justified in the environment.

Question 6. How can we explain that a more democratic society involves a shift in emphasis from external social control to internal self-control?

Self-control is the subject’s awareness and assessment of his own actions. Self-control is closely intertwined with the concepts of conscience and morality. Internal self-control is characteristic of societies with a high moral component, i.e. with conscience. A democratic society advocates weakening external control, relying on internal self-control, which results in an increase in deviance (deviation from generally accepted norms) of the social environment.

SELF-TEST QUESTIONS

Question 1: Give examples of each type of social norm.

Main types of social norms:

1. Rules of law are generally binding, formally defined rules of behavior that are established or sanctioned, and are also protected by the state. (Laws of the Criminal Code, AK).

2. Norms of morality (morality) - rules of behavior that have developed in society, express people’s ideas about good and evil, justice and injustice, duty, honor, dignity. The effect of these norms is ensured by internal conviction, public opinion, and measures of social influence. (We must respect elders and help the disabled).

3. Norms of customs are rules of behavior that, having developed in society as a result of their repeated repetition, are followed by force of habit.

4. Norms of public organizations (corporate norms) are rules of behavior that are independently established by public organizations, enshrined in their charters (regulations, etc.), operate within their limits and are protected from violations by them through certain measures of social influence.

Question 2. What is social control?

Social norms constitute one of the elements of the mechanism for regulating relations between the individual and society, which is called social control. The purposeful influence of this system on people's behavior in order to strengthen order and stability is ensured by social control.

Any activity includes a variety of actions, and each person performs them many times, entering into active interaction with the social environment (with society, social communities, public institutions and organizations, the state, other individuals). All these actions, individual actions, and human behavior are under the control of the people, groups, and society around him.

As long as these actions do not violate public order, existing social norms, this control is invisible, as if it does not exist. However, it is worth breaking the rules, deviating from the patterns of behavior accepted in society, and social control manifests itself.

People who reacted to a violation of social norms reflected attitudes public consciousness(or public opinion), which maintains the order protected by norms. That is why their reaction was to condemn these actions. Expressing dissatisfaction, reprimanding, imposing a fine, punishment imposed by the court - all these are sanctions; Along with social norms, they are an essential element of the mechanism of social control.

Sanctions mean either approval and encouragement or disapproval and punishment aimed at maintaining social norms. In other words, sanctions can be either positive, which are aimed at encouraging, or negative, aimed at stopping undesirable behavior.

Society (large and small groups, the state) evaluates the individual, but the individual also evaluates society, the state, and himself. Perceiving assessments addressed to him from surrounding people, groups, government institutions, a person accepts them not mechanically, but selectively, rethinks them through his own experience, habits, and previously acquired social norms. And a person’s attitude to other people’s assessments turns out to be purely individual; it can be positive and sharply negative.

Thus, along with control from society, group, state, other people vital importance has internal control, or self-control, which is based on norms, customs, and role expectations learned by the individual.

Question 3. What is the meaning of self-control?

In the process of self-control, conscience plays an important role, i.e., the feeling and knowledge of what is good and what is bad, what is fair and what is unfair, the subjective consciousness of compliance or non-compliance of one’s own behavior with moral standards. In a person who, in a state of excitement, by mistake or succumbing to temptation, commits a bad act, conscience causes a feeling of guilt, moral worries, a desire to correct the mistake or atone for the guilt.

The ability to exercise self-control is the most valuable quality of a person who independently regulates his behavior in accordance with generally accepted norms. Self-control is one of the most important conditions for a person’s self-realization and his successful interaction with other people.

Question 4. What are the causes of deviant behavior?

Researchers have different points of view on this issue.

IN late XIX V. a biological explanation for the deviations was put forward: the presence in some people of an innate predisposition to violations of social norms, which is associated with the physical characteristics of the individual, criminal temperament, etc.

Other scientists have sought psychological explanations for the abnormalities. They came to the conclusion that a large role is played by the value-normative ideas of the individual: understanding of the world around him, attitude to social norms, and most importantly - the general orientation of the interests of the individual. The researchers came to the conclusion that behavior that violates established norms is based on a different system of values and rules than the one enshrined in law.

For example, cruelty can be the result of a cold, indifferent attitude towards a child on the part of parents, and often the cruelty of adults. Studies have shown that low self-esteem in adolescence is compensated later by deviant behavior, with the help of which it is possible to attract attention and gain approval from those who will evaluate violation of norms as a sign of a strong personality.

The sociological explanation of deviant behavior, the causes of which the famous sociologist E. Durkheim saw as depending on the crisis phenomena occurring in society, has received wide recognition. During crises, radical social changes, in conditions of disorganization social life(unexpected economic downturns and upswings, fall business activity, inflation) a person’s life experience ceases to correspond to the ideals embodied in social norms. Social norms are destroyed, people become disoriented, and this contributes to the emergence of deviant behavior.

Some scientists have associated deviant behavior with a conflict between the dominant culture and the culture of a group (subculture) that denies generally accepted norms. In this case, criminal behavior, for example, may be the result of an individual’s primary communication with carriers of criminal norms. The criminal environment creates its own subculture, its own norms, opposing the norms recognized in society. The frequency of contacts with representatives of the criminal community influences the assimilation by a person (especially young people) of the norms of antisocial behavior.

Question 5. What is the social danger of crime?

Organized crime poses the greatest danger to individuals, society, and the state. In the broadest sense of the word, it refers to any group of persons organized on a permanent basis to obtain funds through illegal means.

The danger to the individual lies in the suppression of his rights and freedoms through acts of violence and other means. This is manifested in the destruction of small entrepreneurs who refuse to pay money to obtain protection from criminals (racketeering); forcing women and teenagers into prostitution; spreading influence and control, for example, over trade unions; rising costs of goods and services; the possibility of complete suppression of the constitutional rights and freedoms of citizens through physical and moral terror.

The danger to society lies in the interception of the rights to own and dispose of the material assets of the entire society by organized criminal communities and corrupt groups of officials (especially in the areas of trade, production and distribution of strategic raw materials, precious metals, production and circulation of weapons); the ability to manipulate significant capital, penetrate into areas of legitimate business and ruin their competitors through price controls; propagation of the ideology of the criminal world, its romanticization, cultivation of mafia and corrupt relations, violence, cruelty, aggressiveness, which creates conditions for “social contamination” by criminal customs and traditions.

The danger of organized crime for the state is manifested in the creation at the regional level of parallel illegal power structures and illegal armed groups; preparation, financing and organization of direct anti-constitutional actions in the form of inciting national hatred, organizing mass riots, conspiracies to seize power; promoting crimes such as banditry and smuggling; penetration of political parties and the state apparatus by corruption; a desire to weaken federal power in order to facilitate the control of organized crime over entire regions.

Question 6. What are the consequences of drug addiction for the individual, family, and society?

The consequences of drug addiction for the family are catastrophic, as well as for the individual himself. The personality itself becomes completely asocial over time. Social attitudes are completely erased - social statuses such as, professional, father, son, comrade, etc. The existence of the subject is reduced only to finding doses and to use; as a rule, with longer use in a person’s life, there are no longer any other needs. The family constantly lives in stress, which in itself is called codependency, that is, the whole life of the family over time becomes focused only on the life of the drug addict. As a rule, the family begins to experience serious financial difficulties, and a lot of serious illnesses are recorded among codependent relatives of drug users.

TASKS

Question 1. How do you feel about the statement of the English historian G. T. Buckle (1821-1862): “Society prepares a crime, the criminal commits it”? Explain it with some example taken from newspapers.

I understand that any crime is conditioned social factors that formed the personality of the criminal, or created the situation that led to his commission. And the criminal, as it were, plays the role of a “performer” who resolves this situation in a negative way.

Question 2. Do you agree with the statement of the French playwright J. Racine (1639-1699): “Major crimes are always preceded by minor ones. Has anyone ever seen timid innocence suddenly turn into rampant debauchery? Give reasons for your answer.

I agree, the reason for this is cause and effect. Many famous criminals started with petty thefts and could not stop.

Question 3. A discussion arose on the issue of fighting crime. One side argued: “Penalties need to be toughened. Look at Singapore. If you were caught with drugs - capital punishment, with an illegal weapon, even if you did not use it - the same. In some Muslim countries, the law requires the hand to be cut off for theft. And no one has been stealing there for a long time.” Another objected: “The cruelty of punishments will make crime more violent. The main thing is the inevitability of punishment. If everyone knows that any crime will be solved, crime will decrease dramatically.” What do you think about this issue? Give reasons for your answer.

Any court is not immune from errors, while it must make decisions. With capital punishment, an innocent person may suffer, and this cannot be corrected. The inevitability of punishment makes the chance of committing a crime minimal, because the criminal realizes that he will be found and punished.

Passes without conflicts. However, not all of them are resolved peacefully. In the entire spectrum of relationships between employer and employee, the issue of discipline is considered the most important. The personal qualities of the parties to the dispute are of particular importance in its decision. Meanwhile, mechanisms are also needed to keep the situation within the framework of legal norms.

General rules

If there are grounds, the employer may impose disciplinary sanctions on the employee. Labor Code of the Russian Federation provides several measures of responsibility for employees. The employer can apply them in any order. The established measures are remark, reprimand and dismissal. The latter is used for serious violations. In practice, managers impose the softest first disciplinary action. Labor Code of the Russian Federation establishes a certain procedure for applying liability measures. It is worth saying that many terms that were used previously are not provided for in the current legislation. In particular, this applies to such a concept as “severe reprimand”. Meanwhile, some leaders continue to threaten its use. Employees should be aware that there is no such thing as a “severe reprimand”. The fact of dismissal is recorded in the work book. The application of other sanctions is recorded in the employee’s personal card.

Normative base

Art. 192 of the Labor Code of the Russian Federation is applied in case of improper performance by an employee of his functions defined in the Code, contract, internal regulations and other regulations. When concluding a contract, the employee must familiarize himself with the local documents establishing his duties and responsibilities, against signature. Art. 192 of the Labor Code of the Russian Federation establishes the right of the employer to hold employees accountable. In practice, a certain procedure for applying measures has developed.

Reprimand as a disciplinary sanction

The Code does not establish a clear list of violations for which this measure is applied. However, in practice it can be charged for serious, repeated or systematic violations. For example:

Application procedure

As a rule, it follows after the imposition of the mildest sanction. This has a certain practical meaning. The leader, by first applying the observation, pursues two main goals. First of all, the employee is given a chance to improve. At the same time, the employer relieves himself of the risks of subsequent litigation. It should be said that the Code prohibits the application of two sanctions for the same violation. This means that if an employee had a reprimand, he will not be reprimanded.

Important point

As part of the legal proceedings, first of all, the issue of applying more lenient measures to the employee is clarified. If the employer, acting as a defendant, cannot provide evidence that the reprimand followed the remark, then the absence of facts will testify in favor of the applicant, an employee defending his rights. The court may regard the actions of the manager who applied the measure of liability as disproportionate to the violation.

Recording a violation

Before you publish reprimand order, a certain order must be followed. First of all, the violation for which a sanction is imposed must be recorded. To do this, the employee’s immediate supervisor must provide the management of the enterprise with a memo. It describes the fact of non-compliance with the regulations. The note sets out the circumstances, the date of the event, and specific persons who participated in it. In addition, the document must contain a phrase of this type: “In accordance with the above, I ask you to apply disciplinary measures to...” The violator’s immediate superior can express his own opinion about what happened, but in a presumptive formulation.

Act

It is worth saying that if there is a memo, the manager can begin the procedure for imposing sanctions. But for greater legitimacy, it is advisable to issue an act of violation. This document is considered more advantageous from a legal standpoint, since it must contain at least three names of employees in the same department. If disputes arise, they will be called as witnesses.

Features of compilation

The act is drawn up arbitrarily. It contains the same information as in the memo, but without comments. The text begins with the phrase “We, who have signed below... have drawn up an act stating that...”. The document must contain a phrase stating that the offender has been asked to give a written explanation of the event. It is necessary to take into account that the name of the perpetrator must be present among other persons signing the act. At the same time, it is impossible to require a signature from the employee. We can only suggest. An employee has the right to refuse to sign a document. In this case, a corresponding mark is placed opposite his last name.

Notification

As stated above, the offender should be asked to provide a written explanation. As with the signature of the act, it is impossible to require the employee to provide explanations. This is an employee's right. He may not use it. The employer’s right to ask for an explanation from an employee is established by Articles 192 and 193 of the Labor Code. These norms regulate the actions of the manager. The request for the employee to provide a written explanation is set out in the notice. It is delivered to the offender against signature. After this, the violator must also respond in writing within two days. If the employee does not sign the notification, a report about this is drawn up.

Refusal to explain

After 2 days, if there is no response from the violator, a report is drawn up. The specified period is provided for in Article 193 of the Code. You should not draw up an act of refusal to provide a written explanation earlier than 2 days from the date of familiarization with the notification. Otherwise, this action may contribute to a decision in favor of the perpetrator if the proceedings continue in court. After receiving an explanation and considering it, you can draw up a reprimand order. It is worth saying that this document will be drawn up even if the employee refuses to give explanations. The main thing is to meet the deadlines.

Reprimand: sample local act

The document is also drawn up in any form. However, a number of rules must be followed. The local act on imposing a sanction states:

Serial number of the document.
Date of.
Information about the manager and employee.
The reason why the employee was reprimanded. The local act is drawn up in such a way that it is clearly clear why the sanction was applied to the employee. The document describes the offense without going into all the details.

More details about design

The name of the enterprise must be present in the header of the document. Below is the order number. It is determined in accordance with internal document flow. After this, the name of the document is indicated - Order to issue a reprimand ... (the full name of the offender is given here). The following is a brief description of the offense. For example, “Impose a penalty in the form of a reprimand for non-compliance functional responsibilities established in the employment contract, without good reason." The wording depends on the nature of the violation. The order may contain various grounds for applying a sanction. For example, if a reprimand is announced in connection with the systematic tardiness of an employee, acts indicating this should be indicated. These documents must contain specific dates and times. You can also reflect information about the presence/absence of a written explanation. At the end of the document, the signature of the director of the organization, as well as the employee who committed the offense, is indicated.

Consequences

The fact of a reprimand is reflected in the employee’s personal card (form T-2). Information about this sanction is not present anywhere else. However, it negatively affects the amount of bonuses, bonuses, and other additional incentives. However, even after a sanction has been imposed, the employee can correct the situation. If he does not violate the rules within a year after receiving it, it will be removed automatically. In addition, a reprimand as a disciplinary sanction can be terminated early. This will require a petition from the employee and his direct superior. It should be noted that such a situation is possible only if the perpetrator is loyal to the internal investigation of what happened and in the absence of refusals on his part to give an explanation and sign acts.

Nuances

Many employers are interested in whether it is necessary to enter the fact of systematically applying a reprimand to one employee in the work book? As mentioned above, according to the general rules, only information about dismissal is entered into this document. However, in practice, if for objective reasons the manager is forced to constantly reprimand an employee, this information can be included in the work book. If the sanction was applied once, the document remains “clean”.

Challenging

In case of disagreement with the applied measure of responsibility, the employee can appeal the management’s decision in court. The legislation allows 3 months for this. The employee draws up a corresponding statement, which sets out the essence of the incident and indicates what exactly he does not agree with. The head of the enterprise must assume that the employee will take such a step. However, as practice shows, a reprimand, unlike dismissal, is practically not challenged in court. In any case, the likelihood of the employee’s claim being satisfied will be minimized if there is documentary evidence of the employer’s actions.

Illegality of the sanction

If the reprimand was issued illegally, and this is proven in court, the organization’s management faces administrative liability. It is established by Article 5.27 of the Administrative Code. Normally, sanctions are provided for both the enterprise as a whole and for a specific individual. Individuals may be fined up to 5 thousand rubles, legal entities - up to 50 thousand.

Additionally

Of course, the head of the organization must take measures to ensure proper compliance with the rules internal regulations at the enterprise. This is not always possible using diplomacy. At the same time, the leader must maintain a balance between sanctions and rewards, and not apply the law without reason. Such cases of non-compliance with internal regulations, such as one-time delay, failure to complete a production task within the allotted time, negligence accidentally committed during the implementation professional activity, do not have a significant impact on the progress of the process throughout the enterprise. Accordingly, such misconduct should not always immediately translate into grounds for the imposition of serious sanctions. In most cases, the employee is well aware of his mistake. Nobody wants to be cornered. But when using the official collection mechanism, this will certainly happen. The head of an enterprise must strive to maintain the “golden mean”. In each case, you should collect explanations for the violations committed or draw up a report if they are refused. If more than three such situations accumulate, it will be quite legal to apply penalties. However, in this case, a conversation should be held with the employee. During the conversation, the leader explains the motives for his actions and decisions taken. Of course, this should not look like an excuse. However, a brief summary of the situation with the further prospect of lifting the sanction will please the violator more than the articles of the Code that allow the lifting of the punishment.

Conclusion

After applying a reprimand, the manager has only one measure of punishment - dismissal. The employee, in turn, needs to think about his behavior and evaluate future prospects. A reprimand can be considered the final argument, a way of bringing the employee’s actions into compliance with the regulations. Therefore, the use of this measure is justified only when an employee directly and openly violates the norms established by the Code and other legal documents. From all that has been said above, the following conclusion can be drawn. If a situation arises where the offense is not serious enough to impose a punishment, you need to use common sense and not impose a sanction. If the employee turns out to be unreceptive to conversations and continues to violate, it is necessary to use legal mechanisms.

It is a type of legal liability that applies to employees and during the performance of their official duties.

A specific form of this responsibility is a severe reprimand, the use of which is associated with many specific features. What they are and in what cases this can be applied - answers to these questions will be given below.

The types of disciplinary liability provided for in the current labor legislation are established by the Labor Code of the Russian Federation. In Art. 192 of the Labor Code of the Russian Federation provides for the following types of disciplinary liability:

It is obvious that the concept of “severe reprimand” is simply not provided for in the Labor Code.

This means that it is up to the employer to apply this punishment (as well as any other not from this list) prohibited, since this is a violation of labor laws. Therefore, in most areas of activity, a severe reprimand cannot be used.

However, according to Art. 189 of the Labor Code of the Russian Federation, for certain categories of employees other types of disciplinary sanctions may be provided for, established by separate legal acts. These include:

federal laws;
statutes;
regulations on discipline.

An example of legislative acts that provide for the use of a severe reprimand are:

Federal Law “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation”;
Federal Law "On the Prosecutor's Office of the Russian Federation";
Federal Law “On Service in the Customs Authorities of the Russian Federation”;
Federal Law “On the status of military personnel”;
Disciplinary Charter of the Armed Forces of the Russian Federation.

Persons regulated by these laws may be legally subject to severe reprimand. Typically, this measure is provided for in the internal regulatory documentation of a particular institution or organization.

Concept and essence

A severe reprimand is one of the types of punishment provided for in current legislation in relation to certain categories of employees. This punishment is applied in case of violation of labor discipline by an employee or improper performance of his duties.

This measure of influence on the employee is of a moral and psychological nature, without providing for any material consequences.

The essence of the impact is the employer expressing to the subordinate his negative assessment and dissatisfaction with his actions.

The imposition of a severe reprimand has a certain impact on the employee, namely:

evaluative - consists of expressing a negative assessment of actions;
preventive - consists of further prevention of possible violations;
motivational - a reprimand is an incentive for the employee to no longer violate labor discipline.

There are no particular differences between an ordinary and a severe reprimand - the latter measure is simply somewhat more serious and is applied for more serious disciplinary offenses and only in relation to those categories of employees defined by law. In other cases, the usual reprimand is used.

Reasons for use

The main basis for imposing a penalty is the commission of a disciplinary offense by a subordinate. The legislation does not contain a list of specific violations for which punishment may be applied, therefore the choice of one or another measure is the right of the employer.

An example of violations that may result in a severe reprimand is:

failure to perform official duties;
long absence from work without good reason (including absenteeism);
performing duties improperly;
causing damage to the property of the employer or third parties;
showing up at work while drunk;
acute conflicts with management or colleagues, etc.

Depending on the severity of the offense committed and other circumstances of the case (for example, the presence or absence of intent on the part of the subordinate), the employer himself determines exactly when he can issue a reprimand. In most cases, this is a kind of warning for the employee, since in case of repeated violation of discipline, he may be fired.

Application procedure

To issue a severe reprimand to a subordinate, the manager must adhere to the following algorithm:

Recording the fact of committing an offense. This is usually done by drawing up a memo by the violator’s immediate superior addressed to higher management. A report is drawn up regarding the military personnel.
Sending a notification to a subordinate about the need to provide explanations. It is drawn up in writing and either sent by mail or given to the employee against signature. A special official investigation is also being carried out against military personnel.
Obtaining explanations from the employee. He is given two working days for this, after which the employer has the right to draw up a report on the absence of an explanatory note. If the document has been provided, the manager examines it.
Deciding on the application of punishment. The choice of a particular measure is influenced by the specific circumstances of the case.

Publication of a severe reprimand. In addition to the required details (company name, date and place of preparation, name of the document, surname and initials of the official), it also indicates:

a description that was committed by a subordinate;
specific circumstances of the case (for example, whether the employee provided explanations or their absence);
the chosen punishment.

It is advisable that after drawing up this order, the employee is familiarized with it, confirming this with his signature. It is worth considering that a reprimand can only be issued within a month from the day the offense was discovered or within six months after it was committed.

For one violation, punishment can only be applied once.

Consequences of punishment

Issuing a severe reprimand carries certain consequences for the guilty person, namely:

and other incentives. As long as the penalty is in effect, the employee is deprived of the right to receive bonuses or other similar payments. He is also unlikely to be able to count on promotion in position or rank.
Recording a severe reprimand in your personal file. This does not always happen, but the employer has the right to do so. As for, it is not done with a strict reprimand.
The possibility of dismissing an employee if he/she commits a disciplinary violation again. This may be the same violation that was committed earlier, or any other. However, this only applies to situations where both violations are committed within one year, since after the end of this period the punishment is removed.

Depending on the specifics of the activity, a severe reprimand may have other consequences for the employee, which will extend throughout the entire period of its validity, right up to the moment of withdrawal.

Withdrawal procedure

Termination of the imposed penalty is possible in the following cases:

Expiration of the specified period

Announced to the employee after it has been issued. After this, the punishment is automatically lifted, but only if during this period he did not commit any violations.

Early removal of punishment

This can happen either on the initiative of management or at the request of the subordinate himself. In the first case, the employer can, if the employee shows good work results and deserves encouragement. At the same time, this can only be done by the person who imposed the penalty, or someone equal or higher in position (rank). Only one penalty can be lifted from a subordinate at a time.

In the second case, the employee himself submits an application to management with a request to cancel the previously announced reprimand. The employer reviews this document and makes a final decision on whether the proper educational impact was exerted on the subordinate by this punishment or not.

Appeal and employer liability

If a subordinate does not agree with the punishment applied to him, he can appeal the employer’s decision. You can do this in the following ways:

write a complaint to labor inspection;
file a claim in court.

The latter option is also available to military personnel. The basis for declaring a punishment illegal may be not only the fact of the absence of a disciplinary offense as such, but also violations in the execution of the procedure for issuing a reprimand. Most often this is due to the lack necessary documents: acts, orders, reports and memos, etc.

If a penalty is imposed unlawfully, the court may oblige the employer to cancel it.

In addition, he may face administrative liability in accordance with Art. 5.27 of the Administrative Code, which consists of or even temporary suspension of activities. Also, the employer may be required to pay the employee all the funds that he was deprived of due to collection (most often these are bonuses).

A severe reprimand is a specific form of disciplinary action that can only be used against certain employees. For everyone else, a regular reprimand can be applied, which is not much different from a strict one, since the procedure and grounds for their application are identical.