Disciplinary order - conditions and subtleties of execution. Sample order for disciplinary action

Non-performance or improper performance by the employee through his fault assigned to him job responsibilities is recognized as a disciplinary offense. For its commission, the employer has the right to apply a disciplinary sanction to the employee (part 1 of article 192 of the Labor Code of the Russian Federation). How to write an imposition order disciplinary action per employee, we will tell you in our consultation and provide a sample of such an order.

The procedure for the application of a disciplinary sanction

Recall that the main duties of an employee, in particular, include (part 2 of article 21 of the Labor Code of the Russian Federation):

• conscientious performance of labor duties assigned to the employee by the employment contract;
• compliance with the internal labor regulations;
• observance labor discipline;
• compliance with established labor standards;
• compliance with labor protection and labor safety requirements;
• respectful attitude to the property of the employer and other employees.

Accordingly, failure to fulfill obligations under an employment contract, failure to comply with internal labor regulations, job descriptions, regulations, orders of the employer constitute disciplinary offenses for which the employee may face disciplinary liability.

Examples of such violations are the absence of an employee without good reason at the workplace, the refusal of an employee without valid excuses to perform labor duties in connection with a change in the established procedure in labor standards, refusal or evasion without valid excuse from a compulsory medical examination (paragraph 35 of the Resolution of the Plenum of the Armed Forces of March 17, 2004 No. 2).

Disciplinary penalties in ascending order of their severity are (part 1 of article 192 of the Labor Code of the Russian Federation):

• comment;
• rebuke;
• dismissal.

But the application of penalties in this particular order is not at all necessary. After all, the severity of the disciplinary sanction depends on the severity of the offense and the circumstances under which it was committed (part 5 of article 192 of the Labor Code of the Russian Federation). However, it should be borne in mind that for each disciplinary offense, only one disciplinary sanction can be applied (part 5 of article 193 of the Labor Code of the Russian Federation).

How to write a disciplinary order: sample

It must be remembered that before issuing an order on the application of a disciplinary sanction, a sample of which we will give below, you need to record the fact of the misconduct (for example, by a memorandum or a decision of the commission), and request a written explanation from the employee. If, after two working days, an explanation is not received from the employee, an appropriate act is drawn up, the form of which we have given in our separate.

After receiving explanations from the employee or drawing up an act on the employee's refusal to provide explanations, an order is drawn up. For example, a disciplinary order for absenteeism. The employer develops the order form independently. But it usually contains the following information:

• surname, name, patronymic and position of the employee to whom the penalty is applied;
• a description of the disciplinary offense with an indication of the norms that the employee violated by his offense (for example, a clause of the contract, job description or article of the Labor Code of the Russian Federation), the circumstances of the offense, the degree of its severity and the employee's guilt are also indicated;
• type of disciplinary sanction imposed.

The employer's order on the application of a disciplinary sanction is announced to the employee against signature within 3 working days from the day the order is issued (not counting the time the employee is absent from work). If the employee refuses to put his signature on the order, an appropriate act is drawn up about this (part 6 of article 193 of the Labor Code of the Russian Federation).

Here is a sample order for disciplinary action in the form of a reprimand.

Labor legislation gives the employer the right, if necessary, to implement punitive measures against employees. In order to strengthen discipline, the fact of the use of a punitive measure must be correctly documented. In addition, it will allow you to part with the employee for legal grounds in case of repeated violations. Let's discuss how to write a disciplinary order, a sample of which is presented in this article.

Types of penalties

In practice, the employer often displays remarkable ingenuity in imposing sanctions on a delinquent employee. However, at the legislative level, there are only three types of punishment: reprimand, reprimand and dismissal on appropriate grounds ( Art. 192 of the Labor Code of the Russian Federation). This means that the use of such methods as deprivation of bonuses, fines, etc., is illegal. The employer's freedom in this case is limited to an independent assessment of the severity of the violation and the choice of a response method from the three options proposed by law. Obviously, the most serious measure is dismissal on the appropriate grounds. If we talk about remarks and reprimands, then the law does not explain their differences, nor does it give clear definitions of these concepts. It is generally accepted that a reprimand is more severe than a remark.

What can be punished for

Disciplinary punishment is applied as a retaliatory measure for a disciplinary offense committed by an employee, which is Art. 192 of the Labor Code of the Russian Federation defines as "non-fulfillment or improper fulfillment by an employee through his fault of the labor duties assigned to him." In other words, any violation of the employee's obligations set forth in the employment contract, job description or local regulations adopted by the organization. The most common offenses are:

• violation of the work schedule (late arrivals, absenteeism, premature departures from work);
• attendance at work in an altered state of consciousness (under the influence of alcohol, drugs and other substances);
• non-compliance with direct instructions of the management;
• neglect of labor protection rules;
• non-compliance of the work results with the fixed quality criteria.

In fact, each company has its own list of typical violations, determined by its specifics.

The procedure for declaring a penalty

For a punitive measure to be effective, it must be documented in accordance with Art. 193 of the Labor Code of the Russian Federation... By law, an employer's order to impose a disciplinary action is announced subject to two conditions. Firstly, the fact of the misconduct must be recorded in the form of an act and / or a memorandum. Secondly, a written explanation of the incident must be received from the employee. If the explanatory note, in the opinion of the management, does not contain valid reasons, personnel service proceeds to draw up an order. A model for a disciplinary order is not defined by law. A correctly executed document contains:

• a brief description of the misconduct;
• link to art. 192, 193 of the Labor Code of the Russian Federation;
• indication of the penalty;
• an indication of three working days as the term for familiarization with the order of disciplinary action.

As an example, we offer a sample order for disciplinary action for absenteeism.

Remark is the lightest punishment

A disciplinary offense is a failure to perform or improper performance of labor duties, in which there is an employee's fault (Article 192 of the Labor Code of the Russian Federation). For a disciplinary offense, the employer has the right to apply one of the disciplinary sanctions to the employee (part 1 of Article 192 Labor Code RF):

An offense is the lightest disciplinary punishment that can be applied if an employer wants to punish an employee.

Proportionality of punishment

Disciplinary action must be fair. So, for example, if the employer fires an employee 5 minutes late for work, then such a punishment is not commensurate with the severity of the offense. And, most likely, the employee will be able to challenge such a penalty, for example, in court. From the point of view of "safety" it is easier for the employer to issue a warning. Thus, the employer, in fact, will show that it has applied the least penalty to the employee.

If the management of the organization believes that the remark is too weak a punishment for the culprit, then a reprimand can be pronounced. This is a tougher measure in terms of labor legislation... See “Disciplinary Order of Reprimand: Sample 2017”.

Check the timing

A disciplinary sanction in the form of a remark can be applied to an employee no later than one month from the day the misconduct was discovered. On the day of the discovery of the misconduct, one should bear in mind the day when the employee's immediate supervisor became aware of the violation. At the same time, more than six months should not elapse from the moment the offense was committed.

The course of the monthly period is suspended for the period:

• employee illness;
• any employee leave;
• the time it takes to take into account the opinion of the trade union, if available in the organization.

We issue an order

If the employer has collected all the necessary documents confirming the fact of a disciplinary offense (reports, acts, explanatory), then you can proceed to the most important stage - issuing an order to impose a disciplinary sanction in the form of a comment. Such an order is issued in free form. Let's give a sample of a real order "from life". Despite the fact that the order was issued last year, it has not lost its relevance in 2018. The order looks like this:

You can also download a sample order for the imposition of a disciplinary sanction in the form of a comment in Word format (valid for 2018) and adjust it to fit your situation.

If you find an error, please select a piece of text and press Ctrl + Enter.

Dismissal order for absenteeism

Acts confirming the fact of absence must be drawn up without errors, otherwise the employee may challenge the decision in court. The main document is the order of termination employment contract... About how it is drawn up, and what a sample of a dismissal order for absenteeism looks like, read our article.

What information should be included in the order?

Sometimes, not wanting to lose a valuable specialist, the employer can only reprimand him for absenteeism (a sample order is presented below).

And often a disciplinary order for absenteeism, a sample of which we have given above, is enough for an employee to remember about labor discipline. But if violations continue, dismissal is inevitable.

Dismissal order for absenteeism. Sample

The order to terminate the contract must be issued no later than one month from the date of the violation. At the same time, there is no need to issue two documents - on the imposition of a disciplinary sanction in the form of dismissal and on the termination of the employment contract. The manager can express his decision only in one document - an order to terminate working relations. This is indicated in the Letter of Rostrud dated 01.06.11 No. 1493-6-1). The order is drawn up in the T-8 form.

It should contain the following information:

information about the employer;

number and date of its compilation;

position and name of the dismissed employee;

information about the memo confirming the fact of absenteeism, explanatory employee, about the act of absence from the workplace;

Further actions of the employer

After the issuance of the order, it is necessary to familiarize the employee with it under the signature. The signature is placed at the bottom in a line specially designated for this purpose.

If the employee refuses to sign the document, the employer must draw up an act of refusal. It is signed by the originator and two witnesses of the refusal. After that, inevitably, a record of termination of the contract is entered into the personal card and in work book employee. The information is indicated with reference to the legislation (subparagraph "a" of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation).

We issue an order on the application of a disciplinary sanction without errors

Labor legislation gives the employer the right, if necessary, to implement punitive measures against employees. In order to strengthen discipline, the fact of the use of a punitive measure must be correctly documented. In addition, it will allow you to part with the employee legally in the event of repeated violations. Let's discuss how to write a disciplinary order, a sample of which is presented in this article.

Types of penalties

In practice, the employer often displays remarkable ingenuity in imposing sanctions on a delinquent employee. However, at the legislative level, there are only three types of punishment: reprimand, reprimand and dismissal on appropriate grounds (Article 192 of the Labor Code of the Russian Federation). This means that the use of such methods as deprivation of bonuses, fines, etc., is illegal. The employer's freedom in this case is limited to an independent assessment of the severity of the violation and the choice of a response method from the three options proposed by law. Obviously, the most serious measure is dismissal on the appropriate grounds. If we talk about remarks and reprimands, then the law does not explain their differences, nor does it give clear definitions of these concepts. It is generally accepted that a reprimand is more severe than a remark.

What can be punished for

Disciplinary punishment is applied as a retaliatory measure for a disciplinary offense committed by an employee, which is Art. 192 of the Labor Code of the Russian Federation defines as "non-fulfillment or improper fulfillment by an employee through his fault of the labor duties assigned to him." In other words, any violation of the employee's obligations, fixed in the employment contract, job description or local regulations adopted in the organization, can be regarded as a misdemeanor. The most common offenses are:

• violation of the work schedule (late arrivals, absenteeism, premature departures from work);
• attendance at work in an altered state of consciousness (under the influence of alcohol, drugs and other substances);
• non-compliance with direct instructions of the management;
• neglect of labor protection rules;
• non-compliance of the work results with the fixed quality criteria.

In fact, each company has its own list of typical violations, determined by its specifics.

The procedure for declaring a penalty

For a punitive measure to be effective, it must be documented in accordance with Art. 193 of the Labor Code of the Russian Federation. By law, an employer's order to impose a disciplinary action is announced subject to two conditions. Firstly, the fact of the misconduct must be recorded in the form of an act and / or a memorandum. Secondly, a written explanation of the incident must be received from the employee. If the explanatory note, in the opinion of the management, does not contain valid reasons, the personnel department proceeds to draw up an order. A model for a disciplinary order is not defined by law. A correctly executed document contains:

• a brief description of the misconduct;
• link to art. 192, 193 of the Labor Code of the Russian Federation;
• indication of the penalty;
• indication of three working days as the term for familiarization with the order.

As an example, we offer a sample order for disciplinary action for absenteeism.

Form of disciplinary action in the form of dismissal

Among the punishments applied to employees, the most difficult is dismissal. It is this measure that is most often contested by the dismissed person. As arguments, the plaintiff usually tries to prove the wrongfulness of the employer's actions. This could be an important reason to miss work time, his untimely acquaintance with the dismissal order or failure to comply with the terms for bringing him to punishment in accordance with labor laws.

When the court recognizes that the employer's actions were inconsistent, the plaintiff in most cases is reinstated to work with compensation for the average earnings for the lost working time. If the disciplinary sanction in the form of dismissal was used in violation of the law, funds may be withheld from the employer for compensation for moral damage to the employee.

Given these facts, the employer needs to be especially careful about imposing such a severe penalty on an employee, strictly follow the laws and carefully observe all elements of the dismissal procedure.

Reasons for claims

Among the many reasons for dismissing a person from work, there are sometimes circumstances that do not depend on the employee himself. This is a change in the form or ownership of the enterprise, liquidation of the organization, non-compliance of the employee with the requirements of recertification.

However, the most common cause is a culpable or disciplinary offense. But not every disciplinary offense leads to dismissal. The administration is not obliged to impose this extreme measure on the employee, it is rather its right. Most often, violation of labor discipline or labor regulations is punished by other disciplinary sanctions.

What you should pay attention to

To fire a person, the employer must record repeated moments of violation of his job duties without good reason or a single, but gross violation.

Multiple violations usually include:

• failure to show up for work on time;
• violation of job descriptions, orders or orders of the administration;
• refusal to fulfill the obligations specified in the employment agreement;
• refusal of medical examination or necessary training.

Serious violations of labor discipline include:

• absence from work for no reason, absence for more than 4 hours at the workplace;
• being drunk at work;
• non-observance of the rules of secrecy of available information;
• embezzlement or theft, as well as the appropriation of property that does not belong to him;
• an accident or a threat of an accident due to the employee's neglect of the safety rules;
• loss of confidence in the administration of the enterprise.

This is not the whole list of circumstances that can lead to the dismissal of an employee, in real work there are still many extraordinary cases of a similar nature.

The Family Code on the collection of alimony determines the forms, the procedure for establishing the amount of payments, the process of their appointment and collection.

You can find out what regulatory legal acts regulate the procedure for imposing a disciplinary sanction here.

Mentions in laws

The legal grounds on which the employer's administration can dismiss its employee are set out in the Labor Code of the Russian Federation, Art. 81.

Serious misconduct that can lead to dismissal include:

These grounds are not necessarily a condition for dismissal, and in some cases, according to the Labor Code of the Russian Federation, other methods of imposing penalties are applicable

Nuances of the procedure

The employer must not violate the general rules for the application of penalties. Especially when a disciplinary sanction in the form of dismissal is imposed on the employee.

There are not many such rules, but each of them may turn out to be significant in the event of a subsequent conflict situation:

• the time allotted to decide on dismissal is exactly 30 days from the date of the offense;
• dismissal of an employee during incapacity for work or next vacation unlawful;
• before dismissal, it is necessary to obtain from the employee a clear explanation of the motive for his misconduct.

In the practice of litigation related to dismissal, there are many unusual cases. Therefore, it is important to reduce the dismissal procedure to a standard form and arrange everything correctly.

It's important to know

All employees must comply with the rules of conduct that are established by the Labor Code of the Russian Federation or other federal regulations. It is also necessary to comply with the rules of the collective agreement, labor agreement or other provisions of the employment contract.

Since the employee being hired is obliged to strictly observe the listed rules, he must be sure to familiarize him with them. This is an internal work schedule and a collective agreement. Everything is done under the signature.

Any agreements or collective agreements should not contain conditions that worsen the legal conditions of employees or lower the level of guarantees below those established by the labor legislation of the Russian Federation. In the event that such reduced conditions are included in an employment agreement or collective agreement, they will not be enforced.

Decoration details

An important condition for dismissal is the availability of the entire set of relevant documentation and its correct execution.

We list all the documents required for the dismissal of an employee:

• an explanation of the employee in writing (the reasons for the act, the presence or absence of weighty grounds for the act), 2 days;
• refusal to give explanations by the employee in the form of an act according to the established model, is drawn up after two days after the employee has requested a written explanation;
• an order of dismissal according to the model established by law (brief basis for dismissal, the essence of the misconduct committed;
• familiarization with the signature of the dismissed employee (in case of refusal, it is necessary to draw up an act on this).

The legality of the dismissal procedure is directly related to the availability of all the listed documents. The presence of additional documents can only strengthen the legal basis for making a decision by the employer. All established requirements must be strictly observed!

Algorithm of actions for disciplinary action in the form of dismissal

A very important condition for the legality of the dismissal of an employee is strict adherence to the algorithm of the employer's actions during the procedure. In case of any mistakes and violation of this order, preconditions arise for the decision to be challenged in court.

The dismissal procedure, carried out in compliance with all the rules of the law, should have the following form and sequence:

• the middle manager, who recorded a gross misconduct of the employee, makes a message to his manager orally and in the form of a memo (it must be drawn up according to special form, approved by the legislative acts of the enterprise, department);
• having received such information, the manager must take all measures to prevent further repetition of such actions and to prevent their negative consequences;
• a written explanation is required from an employee who has grossly violated discipline, preferably according to the established model;
• if the employee does not write anything in two days, it is necessary to draw up an act, signed by several employees, about the unwillingness to explain to them.
• when the employee's guilt is proven and documented, a dismissal order is drawn up on the form T-8 - Form T-8;
• the required entry is entered in the work book of the dismissed;
• the employee gets acquainted with it against signature (in case of refusal, a refusal document is drawn up, which is signed by several persons).
• at the same time, the dismissed person is issued a work book and a full payment is made.

It is important not to forget that there is a period during which the disciplinary sanction itself for a specific offense is considered legal. This period is one month from the date of discovery of the offense. From this period, the days of illness or vacation of the employee should be subtracted.

If the fact of the commission of a disciplinary offense was not immediately discovered, then the term for the legality of the dismissal can be from six months to two years. The countdown in such cases is various revisions or checks that help to identify a misconduct.

There is a rule that says that in the case when one year has passed since the application of the disciplinary punishment and the employee does not commit labor discipline violations, the penalty will be lifted automatically.

Illegal cases

It is worth mentioning those cases when a person dismissed through the court can be reinstated to his previous job. These include the dismissal of pregnant women. Moreover, it does not matter whether the head of the institution was promptly informed about the condition of his employee or not.

There are other circumstances when the dismissal can be recognized as illegal:

• the employer cannot prove the existing cases of labor misconduct by the employee, document it;
• the time has passed during which the penalty should have been imposed;
• mistakes were made in establishing the reasons for dismissal.

Also, the reason for the lawsuit of the dismissed may be the incorrect wording of the dismissal order, the absence of the employee's explanations for the imposition of a penalty in the documents, the absence of documents documenting the employee's misconduct.

The imposition of a penalty on an employee must strictly comply with all applicable regulations, including, comply with the model of a disciplinary order.

More details about the warning as a disciplinary sanction can be found here.

A sample of a debt collection order can be found here.

Order to impose a disciplinary sanction in the form of a reprimand, sample

The Labor Code of the Russian Federation is a fundamental legal act governing the relationship between an employer and hired workers who, on the basis of a concluded labor agreement, are obliged to perform a certain amount of work for a fixed fee.

An employment contract must spell out the basic rights and obligations of both parties, as well as the consequences if they are violated.

Anyone who understands that finding a job, in addition to performance job responsibilities, he will also have to comply with the operating mode of the enterprise, the norms established by the charter of the organization, the collective agreement and other local acts, with which he must be familiarized with a personal signature.

The employer is obliged to provide the employee with a work front, create safe conditions taking into account the labor protection requirements, to fulfill all social guarantees provided for by the labor code:

• provision of weekly, compulsory annual rest;
• timely payment of wages;
• take into account preferential allowances and other privileges of a certain category of employees (for example, additional leave);
• other obligations,

at the same time, it has the right to demand a conscientious attitude to work and decent behavior.

For violation of labor discipline or evasion of an employee from the performance of official duties, behavior incompatible with moral norms, the manager has the right to impose a disciplinary penalty.

Article 192 of the Labor Code of the Russian Federation allows:

• make a comment;
• give a reprimand;
• in special cases, even for a single gross violation of discipline, labor protection requirements and other cases specified in Art. 81 of the Labor Code of the Russian Federation, to dismiss with the entry of the corresponding entry in the employee's work book.

In order to impose a disciplinary sanction, regardless of the measure of punishment - the most harmless, it would seem, at first glance, as a "reprimand", a more severe one - "reprimand" and an extreme stage - termination with an employee labor relations on the initiative of the management, it is necessary, first of all, to confirm the fact of the employee's guilt in the disciplinary offense.

The procedure in which any disciplinary sanction can be imposed, regardless of its type, is defined in Art. 193 of the Labor Code of the Russian Federation.

1. After making sure that the employee has really violated labor discipline, the immediate head of the unit (or work colleague) must convey this information to the employer (his authorized person) in writing in the form of a memo or orally.

2. The employer, depending on the committed guilty act, makes a decision to bring the employee to justice.

In the event that he considers it necessary to impose a penalty, it is important to request a written explanation of the offense from the offending employee.

3. If, after two days, the employee has not provided an explanatory note (if possible with supporting documents, for example, about a good reason for absenteeism), this does not deprive the employer of the right to prosecute.

An act is drawn up stating that from giving explanations the employee indicates the surname, name, position, profession and division, which is the main place of work - refused, the date and signature of several witnesses are put.

In the event that there really were reasons that contributed to this or that behavior, it is better for the employee to give a reasoned explanation of his actions, which can serve as a choice of the method of imposing a disciplinary sanction on the part of the employer, if he considers them really respectful.

4. After examining all the documents on the issue of non-compliance by the employee with the terms of the employment contract or the norms of behavior in the team, when deciding on the imposition of disciplinary punishment, a written order (order) is issued, which must be duly registered.

5. Within three days from the date of publication, the interested employee (subject to disciplinary punishment) must be familiarized with the order against signature.

6. In case of refusal to sign on the mailing list that he is familiar with the content of the order, an act is drawn up signed by witnesses and indicating the date of the actual notification of the employee about the imposition of a disciplinary sanction.

In what form is the order to impose a disciplinary sanction issued?

Note that the legislator has not established a specific form that is mandatory for the written execution of a disciplinary punishment order.

At the enterprise, you can develop a form of order on disciplinary punishment, since regardless of whether a warning is issued, a reprimand is issued, or an employee is fired for violating internal regulations, failure to fulfill his job duties, the essence of how to issue a written order does not change.

A sample order of disciplinary action can be found on the Internet, supplemented and modified in relation to your organization, and used as a template.

The employer and the person responsible for maintaining work books should remember:

• information about penalties (as opposed to information about incentives) of the employee is not entered in the work book;
• additionally, for accounting, it can be recorded in personal file employee (not to be confused with a personal card, which duplicates information about work, changes in the process of work in the organization).

Re-imposing a penalty for a period of time until the previous remark or reprimand is removed, may lead to dismissal for systematic violation of labor discipline.

Although the order can be written in any form, it is necessary to adhere to general rules registration of documents of this kind.

1. At the top of the sheet, the full name of the organization is indicated, in addition, you can indicate the abbreviation, the location of the enterprise (city).

2. A line below in the middle of the document is titled and put registration number(after sighting by the head).

In this case, it can be - an order or an order (depending on the form of document flow adopted in the organization).

3. The next line indicates the date of issue of the order, month, year.

4. On the left side of the sheet summarize the essence of the order "On disciplinary action."

5.The text part of the document is written on a new line, which should clearly reflect who (last name, first name, patronymic of the employee, the structural unit in which he works, profession, position) and for what exactly is brought to disciplinary responsibility (date, time of violation and how it is expressed).

6. Based on the foregoing, the operative part is issued in the form of an order on the application of one or another measure of punishment (at the discretion of the employer).

7. As a basis, there is a list of attached documents required by the rules for imposing a disciplinary sanction.

• a memorandum on the violation of discipline by the immediate supervisor of the offending employee;
• an explanatory note from an employee involved in disciplinary punishment, or in cases of refusal to provide explanations for his behavior, a correspondingly executed act signed by two or three witnesses.

8. Control is imposed on the person in charge so that the order is executed with an indication of the position, surname, name, patronymic.

Usually control is assigned to the immediate supervisor. structural unit(workshop, department, etc.), in which the employee who has violated discipline or an employment contract, or an inspector of the personnel department works.

9. At the bottom, after the text part, the signature of the employer, the persons who approved the order (representative of the trade union organization, direct head of the structural unit, senior inspector of the personnel department) is put.

10. By putting the appropriate signatures, registering the order in the registration log and indicating the registration number of the document in the upper part near the title of the document, the person who is being prosecuted is introduced to the written order against signature.

11. In case of refusal to sign on familiarization with the order by the employee who was subjected to disciplinary sanction, an act is drawn up signed by witnesses that he knows the content of the order.

For example, a locksmith Viktor Ivanovich Marinkin was late on March 09, 2017 for work and showed up at 08.30 instead of 08.00, explaining the reason for the delay - traffic jams.

Taking into account the fact that earlier V.I. Marinkin did not violate the work schedule, performed his duties in good faith, the manager decided that it was enough to make a remark as a penalty.

Disciplinary order remark, sample:

Municipal Institution Center for Primary Health Care (CPMSP in Kaluga)

"On disciplinary action".

Due to the fact that the locksmith Viktor Ivanovich Marinkin was half an hour late for work on March 09, 2017, he was absent from the workplace from 08:00 to 08:30 due to traffic congestion and the inability to travel,

1. Announce a remark to the locksmith Victor Ivanovich Marinkin.

2. I entrust the control over the execution of the order to the senior inspector of the personnel department Natalia Valentinovna Orekhova.

Chief physician (signature) A.O. Eremeev

Chairman of the trade union committee (signature) R. P. Dmitruk

Head of the farm (signature) N. B. Lomov

Senior inspector of the personnel department (signature) N.V. Orekhova

Drawing up a disciplinary order for absenteeism

Absence from work during the entire working day, or more than four hours in a row, is regarded as a violation of labor discipline and is defined from the point of view of the legislator as absenteeism.

As for any violation, the employer, depending on the reasons for absence from work, the consequences for the organization, can choose a disciplinary measure - from a reprimand to dismissal.

A disciplinary order for absenteeism is drawn up by analogy with this sample.

For reading 9 min. Views 21 Published 17.03.2018

The commission of illegal acts and actions by employees, in the conditions of the enterprise, may entail liability in the form of disciplinary action. The reason for creating the corresponding order can be both a systematic violation of official powers, and actions that inflicted material damage companies. Below we propose to analyze how to correctly write a disciplinary order.

Disciplinary action is responsibility for the commission of a disciplinary act

Types of disciplinary action

In order to correctly draw up the necessary document, you should familiarize yourself with the list of existing disciplinary sanctions that can be used by company leaders in relation to hired employees. The current bill provides for such punishments for misconduct as: remark, reprimand. One of the most extreme disciplinary measures is the dismissal of a negligent employee. It should be noted that the actions that can lead to such results are listed in article eighty-one of the Labor Code of the Russian Federation.

It should also be mentioned that the conditions of disciplinary liability can be established by the internal documentation of the enterprise. This takes into account the specifics of the organization's activities. In this case, such punishments are allowed as demotion for a certain period of time or transfer to another department with a lower salary.

In addition, it should be clarified that punishments in the form of deprivation of funds (salaries) may be recognized as illegal, since in the Labor Code there is no information on the permissibility of such actions. However, it is allowed to partially or completely deprive an employee of bonuses if this nuance is stipulated on the pages of the collective or labor agreement, as well as other internal documents.

Making a comment to an employee should be based on documentary facts.

In the case of disciplinary action, witnesses will be required who can confirm the commission of illegal actions on the part of a specific employee. Such actions include:

1. Disruption of the production process.
2. Non-observance of safety precautions.
3. Presence on the territory of the organization in a state of alcoholic or drug intoxication.

In order for the accusations not to be unfounded, documents confirming the violation of labor discipline should be attached. To the list required documents includes an extract from the job description and work schedule, a photocopy of the order, as well as other acts confirming the violation of discipline. Great importance is attached to the form of drawing up and the date of filling out the documents. In the event of litigation, errors in the order and annexes can lead to the court taking the side of the employee.

A disciplinary offense is a guilty, unlawful failure to perform or improper performance by an employee of his / her labor duties.

In addition, it is not recommended to drag out the internal investigation process. The standard deadline for such events is one calendar month. In a situation where an employee of the enterprise, who violated the discipline, took sick leave or leave, the investigation period is extended for the period of time that the employee was absent from his workplace.

Collecting the necessary documents

A reprimand for violation of labor discipline should be made in accordance with the rules established at the legislative level. At each stage of this process, a certain document should be drawn up, indicating the presence of violations by personnel. First of all, an act is drawn up, which records the commission of illegal actions in the conditions of the workplace. The reason for the reprimand may be the fact that the employee is absent from the company in set hours or being late for workplace.An important component in this matter is the lack of a valid reason.

The management of the enterprise is endowed with the right to draw up a memorandum. This local document records the fact of non-fulfillment of official duties, which is clearly recorded in job descriptions... It is also allowed to draw up this document if the deadline for performing certain actions is violated.

In the event that the actions of the employee entailed material damage to the enterprise, a special commission meets. Its task is to find solutions related to the issue of punishing the offending employee. After the violation is recorded, the employee is required to write an explanatory note. In the text of this statement, you should describe in detail what happened, as well as give the reasons for the offense.

Submission deadline of this statement is two days, in the event that an employee of the enterprise has not submitted an explanatory letter, the head draws up an appropriate act. Explanatory is used not only as a protection of the rights of the manager, but also as documentary evidence of what happened. The refusal of an employee of the enterprise to write this document may act as a reason for the creation of a disciplinary order.

After the employee of the enterprise fills in the necessary papers, the management of the organization should analyze in detail the content of the explanatory note. It is on the basis of this document that the final decision is made. In the event that the employee's misconduct is substantiated by convincing reasons, and the damage caused does not exceed the permissible value, there is a possibility of avoiding collection. In other cases, the corresponding order is filled out.

The task of the head of the enterprise includes a detailed analysis of the situation and making a final decision. In the event that the reasons for the misconduct have good reasons and are counted as valid, the reprimand is canceled. In other situations, the employee's explanatory memorandum is one of the reasons for the reprimand.

Failure to perform or improper performance of duties for reasons beyond the control of the employee cannot be considered guilty

Rules for drawing up an order

The preparation of a disciplinary order should be started only after an internal investigation and a detailed analysis of the situation. Violation of this order can be regarded as illegal actions on the part of the company's administration. In addition, such violations lead to the fact that the completed forms become invalid.

There is no regulation limiting the form of drawing up these documents, but it should be borne in mind that the content of the papers must clearly reflect the fact of violation and contain documentary evidence of illegal actions on the part of an employee of the enterprise.

In the title of the sheet, you can indicate the reason for the disciplinary action. As an example, the following line can be cited: "Order on disruption of the delivery time of the goods." In the body of the document, the fact of the offense should be disclosed in detail. The surnames and initials of the perpetrators, their official powers and responsibilities.

As a disciplinary action on personnel, in order to prevent similar incidents in the future, a meeting is held, where the fact of violation of the organization's rules is discussed on the agenda. In the event that the offending employee previously had disciplinary sanctions or reprimands, this fact is recorded in the order. It should be noted that the presence of three penalties may be a reason for dismissal.

After that, violations in accordance with legislative acts are indicated in a separate column. Russian Federation or internal documents enterprises. Next comes the section of the resolution, where the requirements of the administration are recorded. Here, a note is made about the need to punish the employee. Also, the head of the organization is endowed with the right to demand from the heads of departments, to conduct explanatory conversations with staff. Each worker of the enterprise should receive information about the consequences of violation of labor discipline.

It should be noted that the completed papers are signed by two parties, the management of the company and the employee who violated the discipline. There are often situations when an employee of an enterprise refuses to give his consent to sign a document. In this case, an additional annex is drawn up, which is attached to the order. In working conditions, HR representatives prepare only one copy of the document in question, in order to attach it to the internal documents of the company. This approach is fundamentally wrong, since one of the copies must be handed over to the employee for review. Also, copies of such documents should be transferred to judicial authorities, in the case when peacefully settle conflict situation fails.

In accordance with article 193 of the Labor Code of the Russian Federation, before the application of a disciplinary sanction, the employer must request a written explanation from the employee

The content of such an act can be read in person, or during a meeting. It is important to pay attention to the fact that when the form is filled out in relation to the head of the department, it is not recommended to read out the reprimand in the presence of hired personnel.

Sample order for disciplinary action

"Order on disciplinary action

Due to the fact that at the beginning working day February 26, 2017, employee of the management department Alekseev E.V. was present at his workplace, intoxicated. The order was prepared on the basis of article number one hundred ninety-two of the Labor Code of the Russian Federation.

I order:

1. In connection with violation of labor discipline - to issue a reprimand to Alekseev E.V.
2. Initial HR department Anisimova P.T. to acquaint with this order E.V. Alekseeva. under the signature.

Base: memo security officer dated February 26, 2017, explanatory note Alekseev E.V. dated February 27, 2017.

Director: Antonov P.A. Antonov

Acquainted with the order: Alekseev E.V. Alekseev»

The above example of an order to punish an employee contains all the necessary grounds for imposing a disciplinary sanction.

Methods of appeal against collection

The employee's right to appeal against the decision of the company's management is established by article one hundred and ninety-three of the Labor Code. According to this document, the employee of the enterprise can apply with the appropriate application to the judicial authorities or the commission for resolving labor conflicts. The reason for appealing the order may be related to the incorrect filling of the document. The term of the application to the relevant authorities is limited, today you can appeal the order within three months from the date of receipt of the reprimand.

In the event that the enterprise has its own commission dealing with similar issues, the application is submitted to this department. In the body of this document, it is necessary to indicate the reason for disagreement with the final decision of the management. An employee requesting a retrial may ask for a mitigation of the reprimand or a full appeal against the penalty.

In the application for the commission on labor conflicts, certain information should be indicated. The heading of the document indicates the name of the organization where the application is submitted. Next, the name of the enterprise is indicated where labor activity, contact details and other details. The body of the document describes the essence of the appeal. Please note that the document is written in free form. The only requirement is references to articles of the Labor Code proving the illegal actions of the administration.

Additionally, you can make demands for a third-party investigation in order to restore your reputation. If the conducted investigation reveals the fact of violations emanating from the administration of the enterprise, the reprimand order must be canceled. In a situation where the inspection did not give any results, but the employee continues to be confident that the actions of the manager are illegal, you should contact the judicial authorities.

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

Methods of early cancellation of a foreclosure

The disciplinary sanction has its own "statute of limitations", which is twelve months. After this period has expired, the penalty is canceled. However, there are cases when the administration of the enterprise decides to remove the reprimand early. For this, it is necessary to prepare an appropriate order containing the following information:

• the reason for the cancellation of the penalty;
• the grounds for the decision taken;
• date of completion and registration number of the document.

The completed form is signed by each party. Lawyers recommend preparing several copies of the document in advance, one of which will be handed over to the employee, and the other filed to the personal file.

In contact with

from 31/12/2018

Based on the results of an internal audit, the employer can issue a disciplinary order. Unlike the process of proving a disciplinary offense itself, the order is quite simple to draw up. And it is the verification documents that give it legitimacy and validity. During which the employer will establish the very fact of the misdemeanor and the fault of the employee.

The law does not contain a strict form of a disciplinary order. Therefore, we propose to use the example of a document developed by us.

Example of a disciplinary order

Society with limited liability"Iris" INN 444879585252 Disciplinary Order № 48 from 28.11.2021 In connection with the commission of a disciplinary offense by the office manager Stepanyuk Maria Viktorovna, expressed in violation of Art. 21 of the Labor Code of the Russian Federation, clause 4.6 of the Internal Labor Regulations of Iris LLC, clauses 5.16 and 8.3 of the employment contract dated 01.03.2020, No. 6l, namely: in the absence of the workplace on November 20, 2021 in the period from 08 h. 00 minutes up to 10 o'clock. 00 minutes for no good reason. Documents confirming the validity of the reasons have not been submitted. Stepanyuk Maria Viktorovna was familiarized with the Internal Labor Regulations when concluding an employment contract on March 1, 2020. I ORDER: Apply disciplinary action in the form of a reprimand to the office manager Stepanyuk Maria Viktorovna. To the head of the personnel department Pavlenko A.V. to acquaint office manager Maria Viktorovna Stepanyuk with this order against signature within 3 working days from the date of its publication. In case of refusal, draw up a corresponding one. Control over the execution of this order shall be entrusted to the head of the personnel department A.V. Pavlenko. Content and publication of a disciplinary order The document is drawn up indicating the date of publication and its number. The following information is required: employer (name, possibly TIN, OGRN) title - DISCIPLINARY SANCTION ORDER surname, name, patronymic, position of the employee the circumstances of the misconduct: what exactly the employee violated, what acts provide for the corresponding obligation, the employee's fault, good reasons application of punishment, choice of punishment instruction to familiarize the employee with the order issued against him control over execution (you can - "I impose on myself") date and signature graph familiarization. The person against whom the employer imposed a penalty, and all those who were instructed (to acquaint, control, etc.). Within 3 working days (except for the time when the employee is absent), the order for disciplinary action is brought to the attention of the employee.