According to the Labor Code, in addition to various incentives for employees, they can also be applied. Their list is clearly defined by the norms of the above normative act. The types of disciplinary action (punishment) include a remark.

According to the norms of the Labor Code, the following disciplinary punishments can be imposed on employees:

• job incompatibility warning
• liability imposition
• reprimand
• one-time deprivation of bonus payments
• comment

As you can see, the most severe punishment in this hierarchy is dismissal from work, the easiest is.

A remark means a warning to the employee that he violated certain official duties, was late for work, or committed any violation of labor discipline.

According to the instructions for filling out work books, as well as maintaining special personnel records for each employee, a comment is not included in these documents, but must be recorded on another administrative document of the employer. Usually it's an order.

The announcement of a remark does not entail such legal consequences as the deprivation of a bonus, the imposition of liability, but if, during the period of this disciplinary punishment, an employee or it becomes a system, he may be given a more severe punishment.

It must be remembered that before deciding to announce a remark, the employer or persons authorized by him are obliged to take away the explanation from the culprit on this matter, and only after that make a decision. If this is not done, then the mandatory procedure for bringing the employee to disciplinary responsibility will be violated.

How long is the notice valid?

Note, as a type of disciplinary punishment has a period of validity. In terms of validity, labor legislation classifies this punishment as not serious, so it is valid for 6 calendar months from the moment.

But the employer has the right to cancel the remark ahead of schedule by issuing an appropriate order (the reason may be a holiday, other reasons). In addition, the decision on the early removal of a previously imposed penalty from an employee can also be used as an encouragement.

In addition, if an employee has an active labor punishment, he cannot be encouraged or encouraged in any other way until it is removed.

You need to know that there is also a clear period during which an employee can receive a comment. This is 6 months from the moment of violation of labor discipline or other guilty actions. That is, if the violation took place in January, and they want to announce a reprimand to the employee in August, this is illegal.

Basis for the order

Now let's move on to considering the grounds for bringing employees to such a disciplinary sanction as a remark. This is just a violation of labor discipline.

Labor discipline means the following norms:

• defining the rights and obligations of the worker
• labor regulations (arrival and departure from the workplace)
• safety instructions
• agreement on full or partial liability
• instructions, orders, other legal acts adopted by the relevant
• ministries, and regulating the rights and obligations of officials, in the exercise of labor activity

Therefore, any violation of the above legal norms (for example, being late for work, failure to perform official duties) will serve as the basis for issuing a remark.

It is important to know that an employee cannot be punished for violating labor discipline if he or she is on vacation at that time.

The order of declaration of the remark

The order in which a comment is declared is as follows:

1. The employer must identify a violation of labor discipline and fix it (open disciplinary proceedings). For this purpose, witnesses are selected, official notes are written.
2. The next step is the selection of a written explanation from the violator. In it, he personally indicates the motives for his actions or brings the fact that he did not commit any violation of discipline.
3. Further, the responsible officer who is entrusted with conducting a check on this fact must conduct a thorough analysis of the situation, if it is necessary to request additional documents and make a decision on issuing an order for punishment, or the innocence of a person.
4. The last step is the issuance of the appropriate order (it will be discussed in detail below).

It must be remembered that if this procedure is violated, then the worker can challenge it to the commission on labor disputes or the district court. In most cases, when the employer does not adhere to the above procedure, the courts cancel the disciplinary sanction.

Almost all enterprises have their own forms of disciplinary orders. If there are none, then for help you can turn to various instructions, or standard forms of orders approved by the State Statistics Service of the Russian Federation.

Write your question in the form below

M.G. Sukhovskaya, lawyer

We announce a remark or reprimand

How to properly apply these disciplinary sanctions to an employee

Negligent employees, of course, need to be influenced. In particular, with the help of disciplinary sanctions, of which there are only three Art. 192 Labor Code of the Russian Federation:

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

Other penalties no and cannot be. There are no strict reprimands or reprimands with entering into a personal file.

Attention

Per one misdemeanor can only be applied one penalty Art. 193 Labor Code of the Russian Federation.

If you subject an employee to a non-existent penalty, and then dismiss him for repeated misconduct paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, the court may recognize the dismissal as illegal only on the grounds that the originally imposed penalty is not provided for by the Labor Code see, for example, Cassation ruling of the Judicial Collegium for Civil Cases of the Orenburg Regional Court dated 05.10.2011 No. 33-6209/2011.

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

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

WARNING THE MANAGER

If the labor inspectorate finds the fact of applying to the employee a penalty not named in the Labor Code of the Russian Federation, employer faces fines Part 1 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation:

• for a company - 30,000-50,000 rubles;
• for the head - 1000-5000 rubles.

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

In the article we will consider the procedure for issuing such penalties as a remark and a reprimand. But first, we want to remind you of this. The employer has the right to apply a disciplinary sanction in case of non-performance or improper performance by the employee of his duties. Art. 192 Labor Code of the Russian Federation. But these obligations must be documented - in an employment contract, job description or local regulatory act (for example, in the internal labor regulations), and the employee must be familiarized with them under signature Art. 68 Labor Code of the Russian Federation. In other words, the rule applies here: if the employer has not familiarized the employee with the document where his duties are fixed, then the employee is exempted from liability for their failure to perform see, for example, Determination of the Samara Regional Court dated July 30, 2012 No. 33-6996.

Deadlines for applying penalties

The employer has 1 month from the day the disciplinary offense was discovered Art. 193 Labor Code of the Russian Federation, that is, from the day when the misconduct became known to the immediate supervisor of the offending employee (for example, the head of department a).

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

• is extended during the illness of the employee or his being on any vacation (annual paid, additional, educational, at his own expense, etc.);
• not renewed on days on which the employee was absent from work for some other reason, for example, on extra days off.

TELLING THE MANAGER

Even if it's obvious what a particular employee has committed a disciplinary offense, he cannot be reprimanded or reprimanded outside the statute of limitations for disciplinary action.

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

The mentioned terms are restrictive for the employer and are not recoverable. Their omission excludes the possibility of applying a disciplinary sanction to the employee see, for example, Appellate rulings of the Novgorod Regional Court dated December 11, 2013 No. 2-5088-33-2076; Omsk Regional Court of 08/07/2013 No. 33-5026/2013.

Procedure for disciplinary action

STEP 1. We fix the presence of certain circumstances that can later be qualified as a misconduct of the employee. This can be done by composing:

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

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

If the employee goes to court over the imposed penalty, it is these people who can be witnesses on the part of the employer.

Here is a sample act of absence from the workplace.

Certificate of absence from work

dated August 25, 2014 No. 2

We, the undersigned:
N.L. Zotova - head of personnel department,
K.D. Bushueva - accountant,
IN. Klintsova - Distribution Department Manager, -
drew up this act stating that on August 25, 2014, Secretary Natalya Mikhailovna Petrova was absent from the workplace throughout the working day, from 10.00 to 19.00, and it was not possible to contact her by phone.

STEP 2. We demand a written explanation from the employee, handing him the appropriate notice.

Limited Liability Company "Character"

Secretary N.M. Petrova

Notification
about the need to submit written explanations

Moscow city

I inform you that within 2 working days The employee has 2 full working days to submit explanations Art. 193 Labor Code of the Russian Federation, which are considered from the date following the day of presentation of the relevant request to him. Reducing this period is a violation of the rights of the employee and a strong argument for the court in favor of canceling the penalty Determination of the Moscow City Court dated 06.07.2010 No. 33-19977 from the date of receipt of this notice, you must submit to me written explanations The employer is obliged to request a written explanation from the offending employee in writing Art. 193 Labor Code of the Russian Federation. If this is not done, the procedure for imposing a disciplinary sanction will be violated and the penalty applied to the employee will be considered unlawful. see, for example, Ruling of the St. Petersburg City Court dated 03.10.2013 No. 33-15303/2013 about the reasons for your absence from the workplace on August 25, 2014 during the whole working day, from 10.00 to 19.00.

TELLING THE MANAGER

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

Further actions of the employer depend on the following:

• <если>the employee presented an explanatory note - the manager must decide whether the reason for the misconduct is valid. If the reason is disrespectful - whether it is necessary to punish the employee and (if so) what penalty to apply to him;
• <если>the employee did not give any explanation - it is necessary to draw up an act of non-submission or refusal to provide an explanation in any form Art. 193 Labor Code of the Russian Federation. And then decide on the issue of bringing the violator to justice.

If the employee immediately refused to give any explanation for his misconduct, do not rush to draw up an act of refusal and issue an order to impose a penalty right on the day the explanations are requested. It is better to wait for the 2 working days allotted by law. So you deprive the employee of the chance to declare later in court that he was not given the opportunity to change his mind and give an explanation.

Although some courts do not see anything illegal in bringing an employee who refused to “explain himself” to disciplinary liability right on the day when he was asked for explanations see, for example, Appellate ruling of the Altai Regional Court dated July 9, 2013 No. 33-5006-13; Determination of the St. Petersburg City Court dated 08.09.2010 No. 12408.

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

Limited Liability Company "Character"

Order No. 11

Moscow city

About the reprimand

Due to the absence of Secretary Natalya Mikhailovna Petrova on August 25, 2014 at the workplace from 10.00 to 19.00 without a good reason on the basis of Articles 192, 193 of the Labor Code of the Russian Federation

I ORDER:

For violation of labor discipline (clause 3.4 of the Internal Labor Regulations of Character LLC), declare N.M. Peter's reprimand.

Applications:
1) certificate of absence from the workplace dated August 25, 2014 No. 2;
2) explanatory note by N.M. Petrova dated 27.08.2014.

Familiarized with the order The employee must be familiarized with the order against signature within 3 working days since its publication. If for some reason the employee was absent from work (was temporarily disabled, was on a business trip, etc.), then the period of his absence freezes the course of this period. In the case when the employee refuses to get acquainted with the order, it is necessary to draw up an act in any form about this. Art. 193 Labor Code of the Russian Federation

Secretary

The most severe disciplinary action is a reprimand at work. Its consequences can be very different, from depriving an employee of bonuses and other incentive payments and ending with dismissal. At the same time, the employer must take into account the seriousness of the misconduct committed by his subordinate.

Definition

A reprimand at work, the consequences of which may not be the most pleasant, is a serious disciplinary sanction, and if you repeatedly violate the rules of the organization, it can lead to dismissal. When it is announced, the head must issue an appropriate order. Only in this case, a reprimand at work, the consequences of which do not have the best effect on the employee's work, will have legal force. It is considered a more serious punishment than a remark. Here it should also be concluded that a reprimand at work, the consequences of which may not have the best effect on the reputation of a subordinate, if it is repeated, will be the basis for terminating the service relationship with the employee.

The procedure for reprimanding

A reprimand should be applied by a superior to a subordinate only in accordance with the labor code. In this case, the HR specialist needs to take a written explanation from the employee. In order to compile it, the subordinate is given two days. If the latter refuses to write an explanatory note, an appropriate act is drawn up in which this is recorded. After that, the employer issues an order to involve the employee in the procedure and grounds for issuing a reprimand are prescribed in article 193 of the labor code.

The order must be handed over to the employee for review within three days after its preparation. In the event that the latter refused to sign it, this is recorded in the act.

Term

In order for the boss to be able to hold his subordinate accountable for violating the labor schedule, he needs to fix this fact in writing. The term for imposing a reprimand on an employee is one month. This period is counted from the moment when the boss found out about the misconduct of the subordinate. If more than six months have passed, then it is no longer possible to bring a person to disciplinary responsibility.

Appeal

Nevertheless, in practice there are situations when bringing to disciplinary responsibility was not entirely correct and legal. In this case, the subordinate can apply to several instances:

To the commission for resolving disputes that have arisen between the head and the employee;

to a judicial body;

To the labor inspectorate.

All these methods of influencing the boss in the future will allow him to prevent such violations against persons who have been reprimanded at work. How can you appeal in such a situation? This question is asked by every second employee who finds himself in such a situation. It is best to write a letter to the labor inspectorate and explain the whole situation, attach documents. In practice, this is considered the most effective way to influence the leader. In addition, you can contact a qualified lawyer who will help you draw up an application to the court and advise on all relevant issues. Therefore, if the boss reprimanded the employee at work, to endure or defend himself - only the latter needs to decide. If a person really violated labor discipline, then it would be best to remain silent and continue to continue to fulfill their official duties. In the event that the employer reprimanded unjustifiably, you should try to protect your interests by legal means.

Consequences

As the Labor Code says, information about a reprimand announced to a subordinate is no longer entered into his work book. Nevertheless, a citizen is considered to be brought to disciplinary responsibility within one year. But in exceptional cases, the manager can release the employee from him earlier, if he no longer violates the rules of the organization.

In addition, all persons on whom a disciplinary sanction was imposed are interested in the question of what are the legal consequences of a reprimand at work. And they can be quite serious, up to dismissal at the initiative of the organization's management. Also, the announcement of a reprimand will hit the violator's monetary income, because in such cases, employers deprive them of bonuses and other incentive payments.

Practice shows that the courts do not cancel the disciplinary sanctions of the management, which are imposed on the delinquent employees again, after which the service relationship is terminated. Therefore, the consequences of reprimanding can be either minor or quite deplorable if a person commits a repeated violation of the rules of the organization.

Possibility of withdrawal

An employee is considered for a period of up to one year. After that, it is removed automatically. A reprimand at work, the consequences and methods of appeal are provided for by the Labor Code of the Russian Federation.

In addition, it is possible to remove the penalty ahead of schedule, but only if such action is approved by the head of the organization. The employee also has the right to ask the boss in writing to remove the reprimand from him, but only if he confirms the fact of his correction. To do this, the employee must, during the entire period of time while the penalty is imposed on him, not commit other misconduct that would violate the labor schedule.

Differences

Reprimand and remark are No significant differences between them. Therefore, it should be understood that the remark is the mildest, and the reprimand is the most severe penalty that is applied to the employee before dismissal. However, Art. 192 of the Labor Code does not provide a clear definition of each of the types. What is the difference between a reprimand and a remark? This question is asked by all, without exception, people who have violated the labor schedule. In addition, these two types of penalties have the same terms of application and certain consequences, especially if both the reprimand and the remark have already been announced to the employee more than once.

Sample

The reprimand is issued in the form of an order or order of the head. It must be signed by the employee within three days. There is no specific template for issuing an order, therefore, in each organization it is drawn up in its own way and looks approximately as follows.

Name of the enterprise _________________________

Order No. ____________

Date_________ City________________

About the reprimand

Due to the fact that the senior master __________ (full name) was absent from the workplace for two hours from ______ to _______ without good reason, guided by Art. Art. 192 and 193 TC;

I ORDER:

Reprimand the employee (F. I. O.) for violating the labor schedule provided for by the organization’s temporary work permit on the basis of Art. 192 TK.

Responsible for the execution of this order to assign to _______ (full name).

Head of organization ______________ (signature)

Explanation

Must be written before the manager reprimands the employee. For this, the employee is given two days. In addition, the explanation does not have to be in writing; it can be given orally during a conversation with the manager, backing up your words with certain evidence. If a person was late for work because he became ill and went to the doctor, then this must be confirmed by a certificate from the clinic. If the reason for being late is valid, the boss will not be able to apply a penalty to the subordinate. In the event that after two days the employee does not give an explanation about his violations of labor discipline, an act must be drawn up on the basis of which a reprimand will be issued. At the same time, a disgruntled subordinate can appeal against it in court or write a complaint to a specialized inspection.

Characteristic

Many personnel specialists who have been working in one place in an organization for a long time and do not violate the work schedule do not know what a reprimand is, how to properly declare and remove it. This question can be fully answered by the Labor Code of the Russian Federation. A reprimand as a severe disciplinary sanction is applied to a delinquent employee before dismissal, as well as after a previously made remark, for example, about permanent employees. In this case, the employee may be deprived of bonus payments and other funds. After applying a reprimand for the second time, an employee may also be dismissed for violating labor discipline. In this case, even when applying to the judiciary to challenge the decision of the head, the authority will be on the side of the head if he provides confirmation that the termination of the employment relationship was lawful and justified.

A responsibility

In the event that an employee writes a complaint to the labor inspectorate on the topic that the manager unreasonably applied a disciplinary sanction to him, an inspection will be scheduled with the demand for all documents. The same can be done by the judicial authority, if a person applies to this authority with a statement. In the event that it turns out that a penalty was applied to a citizen illegally, the legal consequences of a reprimand at work will not be taken into account even the next time a person is held accountable. In addition, the boss will have to pay his employee all withheld bonuses and other incentive allowances. Also, the organization can be held liable, according to the Code of Administrative Offenses.

In the event that the employee was dismissed at the initiative of the management for non-compliance with the rules of the organization, but the court found such termination of the employment relationship illegal, the subordinate has the right to compensation for harm. He will also need to pay all withheld bonuses and allowances. After that, he will be reinstated in his position and continue to perform his official duties.

It would seem that the simplest working situation: an employee made a mistake, and his manager scolded him for it. As they say, we talked and parted. This will work if the error is one-time, and the employee is conscientious. But there are times when it makes sense to resort to a remark as a measure of disciplinary action. In this article, we will talk in detail about when and how to correctly declare a remark, as well as the consequences of this for the employee.

From this article you will learn:

In what cases is a disciplinary sanction in the form of a remark imposed?

First of all, we emphasize that the remark as a disciplinary sanction differs from the usual verbal reproach, expressed, for example, at a planning meeting. The second is aimed at emotional impact, is designed to motivate the employee to work more efficiently, and does not require any special design. The first is regulated by labor legislation, must be formalized in an appropriate way and can have unpleasant consequences for the employee.

Possibility of appeal

If an employee believes that he received a penalty unreasonably, he can appeal the decision of the management. To do this, he can apply to a commission specializing in resolving labor disputes, the labor inspectorate or directly to the court.

You can appeal the remark within 10 days after the application of the disciplinary measure.

Penalties that were issued in violation of the established procedure are also subject to appeal. By the way, for shortcomings in issuing a remark as a disciplinary punishment, the employer may even face administrative responsibility.

Consequences for the worker

Some employees perceive the remark as a perfectly harmless reprimand that does not have serious consequences. For conscientious employees who take their duties seriously and do not repeat wrongdoing, this is true.

But everyone should be aware of the possible consequences. We say “possible” because the remark does not directly lead to these consequences, but can become a “stepping stone” on the way to them. So, after the remark may follow:

• Entering into a private matter. The law prohibits making notes about comments in the work book, but allows you to make notes in a personal file. This can affect a person's reputation.
• Dismissal. If an employee who has a valid notice commits another disciplinary offense, the employer has the right to terminate the employment contract.
• Removal of premiums. There are no direct instructions in the law about bonuses, but many employment contracts provide for the accrual of bonuses only to those employees who have no penalties. In this case, the remark will really “hit your pocket”.

Summary

A reprimand is a mild disciplinary measure that can still backfire on an employee who violates labor discipline. At the same time, the employer is required to strictly comply with the regulations for imposing this punishment described in the Labor Code.

A disciplinary sanction, to put it simply, is a punishment that is imposed on an employee of the company if the latter violates his work (i.e., labor) duties.

This penalty, with evidence, can be imposed on any of the employees of the company, regardless of their specialty.

An undocumented violation, or an inaccurately executed one, has no legal force.

Application of disciplinary action

The penalty is imposed on the employee who violated his labor duties. This violation will mean not fulfillment at all, as well as poor-quality performance by the employee of his duties (labor), but only through the fault of the employee himself.

The company's documents and the employment contract concluded with the employee spell out the duties of the employee, which he, in fact, must perform.

The employee must be familiarized with the listed documents upon admission to work against signature, and a copy of the employment contract must be kept by the employee in his hands. Just, their failure to perform, or poor-quality performance, will be the reason for a disciplinary sanction.

So, check out these documents more often.

You can list other cases, in violation of which a disciplinary sanction is applied.

We include the following among them:

• not observance of discipline, namely labor;
• violation of the points listed in the instruction (official) and other regulatory documents;
• committing such actions that are prohibited by the documents of the company.

Types of disciplinary sanctions

Imagine a situation where an employee has violated labor discipline. To this employee, his employer can quite legally apply penalties (disciplinary).

There are very few of them. Notice, reprimand and dismissal are not only penalties, but also legally justified penalties. The employer must not and cannot apply other penalties.

But even here there are exceptions, if any other punishments are prescribed in the existing documents of the organization, then the employer has the right to apply them:

• Comment. This penalty is the lightest of all existing disciplinary actions that an employer can apply to an employee.
• . This is a more responsible penalty that an employer can apply to an employee.
• Dismissal- the highest measure of responsibility applied to an employee.

How to file a disciplinary action?

If there is a fact of a disciplinary violation, then it must be correctly recorded. To do this, it is simply necessary to document such a fact.

To do everything without violations and in accordance with the law, it is necessary to draw up in writing one or more of the following three documents:

• Act. The act is called the document fixing the commission of the corresponding disciplinary violation by the employee. An act can be drawn up in some cases, for example, when an employee is late, or when an employee is absent from work, as well as when they refuse to undergo a medical examination, etc.
• . The employer may draw up a note (report), for example, if the deadlines for submitting any report, document, etc. are violated, the employee fails to fulfill his duties, etc.
• commission decision. Such a document is drawn up in case of damage to the employer.

So, if, nevertheless, a violation of the employee is recorded, then it is necessary to demand clarification from the employee on the incident that has occurred, only necessarily in writing.

It would be better if the employer records his request for an explanation in writing.

In the note, the employee should try to justify himself and indicate all the reasons why he committed a certain act. But it also happens that the employee does not want to provide explanations if, for example, they simply do not exist.

So, if the employee, after all, did not provide the document within two working days, this must be recorded in writing, namely by an act.

Just in the event of a disputable situation, the written request of the employer to provide explanations and the corresponding act on the absence of these explanations may become sufficient grounds for issuing a certain disciplinary sanction.

But, it is quite possible that there will be a different situation if the employee nevertheless presented an explanatory note on time.

Then the duty of the employer is to carefully consider it and make a decision. If the reasons listed in the explanation are considered valid, then there may not be any penalty or punishment. In another case, such a note will necessarily serve as the basis for a penalty.

Now you can move on to another step where the order is created. The manager must decide what punishment the employee will incur. This must be determined by considering some factors, such as the severity of the action and the consequences that have occurred.

Three working days are allotted for drawing up and bringing the order to the employee.

The order must include the following items:

• personal data of the employee, occupation and department in which the employee works;
• the nature of the offense;
• description of the identified misconduct and determination of its severity;
• the fault of the employee;
• the type of disciplinary sanction that is applied and, necessarily, what are the grounds for the sanction.

It often happens that the employee refuses to read and sign the order. In such a situation, we act very simply, it is necessary to draw up an act in writing, namely, on the refusal to sign the order.

A disciplinary sanction is entered into the employee's personal file, but the employer has a choice in such a situation, that is, he has the right not to enter it into the personal file. It will be enough to enter in the employee's personal card, but not in the work book.

Any employee of the company who has been sanctioned has the right to appeal the sanction to the Labor Inspectorate.

If an employee, from the moment the penalties were applied to him, performs his work in good faith, and during the whole year he was not subjected to a new penalty, then he is automatically exempted from having such a disciplinary sanction.

If a situation has arisen that more than one month has passed since the discovery of the violation, then the penalty will not be applied. Of course, this excludes the time the employee is sick, on vacation, etc.

And if six months have already passed, then the employee cannot be held accountable. An exception is the conduct of an audit, audit, etc., here the period is increased to two years.

For each committed disciplinary violation, only one disciplinary sanction may be applied.

Can a disciplinary sanction be lifted?

It may well be from an employee.

In the absence of other punishments within one year, and after the expiration of this year, the penalty must be removed from the employee. But at the personal request of the employer, such a penalty can be removed during this one year, but only at their own request, or at the personal request of the employee, also at the request of the representative body or the head of the employee.

Also, if an employee during his punishment, that is, one year, is transferred to any other position, regardless of whether it is an increase or a decrease, this is also the basis for removing the imposed penalty from him.

If the employer has a desire to prematurely release the employee from the penalty, then this desire must be supported and formalized by the order "to remove the penalty", and the order is brought to the employee against signature.

No specialized form of such an order simply exists, so the organization itself must develop it.

But the order must necessarily indicate the personal data of the employee and data on the removal of the penalty, that is, the date and grounds.

The consequences of applying a penalty for an employee of the organization

1. First, if the employee has any documented penalty, then the employer can reduce, as well as deprive bonuses altogether, or deprive other incentive payments, if this is prescribed in the regulatory documents of the organization.
2. Secondly, if a second violation suddenly follows, and, accordingly, a disciplinary sanction, then the employer has the right to dismiss the employee in accordance with applicable law.

Perform your work duties with high quality and with full responsibility, and then you will not face any disciplinary action!