How to apply disciplinary action. Punish but not fire: disciplinary actions and their application

In addition to the incentive policy of a different plan, labor legislation also provides for disciplinary measures used in relation to those who violate strict labor discipline. Therefore, each employee must have an idea of ​​what a disciplinary action is and in what situations it may threaten.

What is disciplinary action is clearly stated in the Labor Code

It is customary to refer to a disciplinary sanction a fixed regulations a way of influencing an employee in case of failure to fulfill his direct labor duties.

Many people are designed in such a way that they do not have the impulse responsible for self-discipline, and they need to be exercised from time to time external influence that helps them focus. This is about labor rights silt, routine, discipline.

It should be noted that fear of punishment is a great incentive for people not to commit.

An important condition: a working citizen by his failure to perform, no matter whether it is conscious or not, has caused damage to the employer.

Disciplinary Order

The disciplinary penalty is valid for 1 month from the moment when the employee committed the disciplinary offense. In order to be punished, the employer should take care of drawing up an appropriate order.

This document is characterized by a free form. The administrative part of the order must have the following information:

• time when it was committed
• the time when the act was discovered.

On the basis of these data, a collection order is drawn up, indicating its type. The document must be signed by the head. After that, the order is transferred to the employee for review.

In addition to the original order itself, two copies of the document are made, one of which must be pasted into a personal file, the other must be given to the employee.

What types of disciplinary action are known

A reprimand as a disciplinary sanction

Federal labor legislation establishes three main types of disciplinary sanctions:

1. comment
2. rebuke

The institution itself is allowed to establish an additional gradation (for example, not just a reprimand, but marked "strict"). The main thing is that this should be fixed by local acts of the organization.

Important! The legislation does not allow resorting to the use of those measures that go beyond the scope of the Labor Code. For example, an increase in the working day, the imposition of fines, physical impact are null and void.

The type of disciplinary sanction chosen by the manager must be justified and commensurate with the offense committed by the employee. It is not uncommon for cases when through the court it was possible to cancel the penalty imposed on the employee and its consequences.

The decision as to which offenses to use a reprimand and reprimand is decided directly by the head of the organization. But the reasons that can lead to dismissal are spelled out by law in article 81 of the Labor Code. This list is strict and cannot be supplemented. It includes the following misconduct:

• absenteeism
• drunkenness in the workplace
• theft
• etc.

Features of the application of a disciplinary sanction, its terms

Dismissal as punishment for violation of labor discipline

From the minute the misconduct was committed, within 2 days the guilty employee is obliged to provide an explanation of his actions, indicating the reasons in writing.

If the employer finds the indicated reasons valid or justified, he has the right not to impose a penalty on the offender. If there were no explanations, then the penalty is imposed without them.

There are certain time limits within which a penalty can be imposed. They are enshrined in law. Within 30 days from the date the misconduct was discovered. At the same time, the period of illness, vacation and the time for considering the situation are not included here.

• Within six months from the date of the act.
• Within 2 years, counting from the moment when the misconduct was committed, in situations where the act was revealed as a result of a financial and economic or audit check, audit.

Important! If it is difficult to judge the obviousness of the employee's guilt, it is necessary to conduct an internal audit, for which it is required to create a special commission. The result of the check will be a special document on the progress and results of the study.

The labor relationship that develops between the employee and the employer consists in the adoption of certain norms, rules and obligations. Knowing what it is and all its features, it will be possible to avoid unpleasant incidents at work.

How to issue a disciplinary action? Learn from the video:

That is, non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the employer has the right to apply the following types of disciplinary sanctions:

• comment;
• rebuke;
• dismissal on appropriate grounds.

Federal laws, statutes and discipline regulations for selected categories employees may also be subject to other types of disciplinary sanctions.

Disciplinary sanctions not provided for by federal laws, statutes and discipline regulations are not allowed.

Before a disciplinary action is taken, the employer must demand from the employee.

If the employee refuses to give the specified explanation, an appropriate act is drawn up.

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

A disciplinary penalty is applied no later than one month from the date of discovery of the misconduct, not counting the time of the employee's illness, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The indicated time limits do not include the time of the criminal proceedings.

For each disciplinary offense, only one disciplinary action.

The employer's order (order) on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (order), an appropriate act is drawn up.

The disciplinary sanction can be appealed by the employee to the state labor inspectorates or the individual labor dispute resolution authorities.

If, within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he / she shall be deemed to have no disciplinary sanction.

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

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

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

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

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

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

Trade union bodies, in particular the trade union committee of the organization, are empowered to exercise control over the observance of labor legislation. In case of detection of facts of violation in the organization of labor legislation, local legal acts containing labor law norms, concealment of accidents at work, failure to comply with the terms of a collective agreement, an agreement, the trade union committee has the right to demand from the employer to punish the guilty head of the organization, its division or their deputies.

The employer, upon the application of the representative body of workers, usually the trade union committee, initiates disciplinary proceedings. It is characterized by the same stages as when detecting a violation of the internal labor schedule by an employee, which were outlined above. If the guilt of managers or their deputies in violation of labor law is established, then the employer is obliged to apply to them "disciplinary action up to dismissal" (part 2 of article 195 of the Labor Code of the Russian Federation).

The employer informs the applicant (trade union committee) of the results of disciplinary proceedings. The deadline for a response is not specified in labor legislation. However, the time that the legislator establishes for the application of a disciplinary sanction to an HF should be read out. 3, 4 Art. 193 of the Labor Code of the Russian Federation. Usually this is one month, and according to the results of an audit, inspection of financial and economic activities or an audit, two goals from the date of the disciplinary offense. If, due to the circumstances specified in the statement of the trade union committee, a criminal case is initiated against the head or his deputy, then the period for reporting to the trade union organizations is extended for the duration of the proceedings on the head case.

The procedure for the application of disciplinary sanctions

The procedure for the application of a disciplinary sanction in the Labor Code of the Russian Federation is not regulated in detail. This often leads to a violation of the employee's labor rights and freedoms.

Disciplinary proceedings as a legal relationship

Disciplinary proceedings are always a legal relationship, the main subjects of which are the employer and the employee. The content of a legal relationship is considered to be the rights and obligations of its parties. In the current labor legislation, the legal status of the employer is mainly enshrined. An analysis of disciplinary proceedings reveals a certain set of rights of an employee who, in the opinion of the manager, violated the rules of the internal labor schedule. An employee is a subject of legal relations with full rights within the scope of disciplinary proceedings. He has the right to familiarize himself with all the materials according to which he is accused of unlawful labor behavior, to give his assessment of the content of the materials presented to him, to demand the provision of new materials. In complex disciplinary proceedings, an employee may demand an audit, an audit of financial and economic activities or, if based on its results, it is possible to resolve the issue of his guilt or innocence. The current legislation does not prohibit an employee to involve in disciplinary proceedings as consultants specialists, a representative of a trade union organization.

In this part, labor legislation still needs further improvement. Specification of disciplinary proceedings is possible in bylaws, local regulatory legal acts... This practice is typical, for example, for budgetary organizations. Ministries and departments develop and approve the procedure for conducting an official audit and applying disciplinary sanctions to civil servants of their subordinate organizations. In such regulatory legal acts, a detailed procedure for conducting official inspections and applying disciplinary sanctions to civil servants, the composition of the commission entrusted with the inspection, its powers and registration of the results of the inspection are enshrined. In the subordinate local normative legal acts, a section is specially highlighted in which the rights of the employee in respect of whom the inspection is being carried out are fixed: to give oral and written explanations, to file petitions, to get acquainted with the documents during the inspection, to appeal against the decisions and actions of the commission that conducts the inspection.

A single disciplinary legal relationship can be classified as a complex legal relationship. It consists of a number of elements specific to each stage. Elementary legal relations are discrete, that is, they are interrupted in time and consist of certain parts. Thus, the right of the employee to file petitions, get acquainted with the documents, appeal against the actions of the employer's representative or the commission conducting the inspection corresponds to the corresponding duty of the employer to consider a specific petition, provide the employee with the documents necessary for him for review, and consider the complaint he has filed. The specified legal relationship may arise and terminate at each of the stages of disciplinary proceedings. This does not exclude him systemic, unity of rights and obligations of participants in disciplinary proceedings.

Stages of disciplinary proceedings

Disciplinary proceedings include several stages.

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

Secondly, the employer (his authorized representative - the head of the personnel department, the deputy director for personnel) will request from the immediate supervisor of the employee Required documents, confirming the violation of labor discipline by the employee, one hundred opinion on the choice of a certain (necessary in the circumstances) disciplinary sanction for the offender.

Thirdly, evaluating the materials collected on the fact of violation of the internal labor regulations, the employer decides on the employee's guilt, that is, on the commission of a disciplinary offense.

Fourth, before imposing a disciplinary sanction, the employer takes into account the severity of the offense, the circumstances mitigating the employee's guilt.

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

This stage ends with the adoption of an appropriate decision to punish the employee or, at the discretion of the employer, to leave the collected materials without movement. In practice, in the latter case, no procedural act is issued by the employer. The employer acts in a similar way if there is a slight violation of labor discipline or insufficient materials to establish it. In the latter case, the employee's right to protect "his labor rights and freedoms" (Article 2 of the Labor Code of the Russian Federation) is obviously violated, since the employee cannot protect his good name, honor and dignity. You can only appeal the appropriate order of the employer, and not a negative opinion created in the course of the investigation about the possible unfairness of the employee.

Sixth, the employer chooses a disciplinary measure and issues an appropriate order. An order (order) on the application of a disciplinary measure shall be announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the order (order) against signature, then the authorized representative of the employer draws up an appropriate act (part 6 of article 193 of the Labor Code of the Russian Federation). The details of the act are similar to those set out for the act of refusal to give an explanation for the fact of violation of the rules of the internal labor schedule.

Disciplinary proceedings are characterized by certain procedural terms: one month and six months. Disciplinary action is not applied if more than one month has passed since the day the offense was discovered. V month term 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, if it is required in accordance with the law (part 2 of article 82 of the Labor Code of the Russian Federation) is not counted.

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

The specified time limits do not include the time of the criminal case (part 4 of article 193 of the Labor Code of the Russian Federation).

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

This does not exclude the application of measures of an administrative or criminal nature to the employee. An offender of internal labor regulations may also be subject to disciplinary action, as deprivation of a bonus is not considered a disciplinary sanction.

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

Removal of disciplinary sanction

From a legal point of view, disciplinary action is usually always a lasting state, limited to a certain period within the framework of an employment relationship. If, within a year from the date of application of the disciplinary sanction, the employee has not committed a new violation of the internal labor regulations, then his state of punishment ceases, and the violator, in accordance with Part 1 of Art. 194 of the Labor Code of the Russian Federation "is considered to have no disciplinary sanction."

Before the expiration of one year, the employer can remove the disciplinary sanction from the employee both on his own initiative and at the request of his immediate supervisor or an elected representative body (trade union committee). The initiative may also come from the offender of labor discipline. He is in accordance with Part 2 of Art. 194 of the Labor Code of the Russian Federation can apply with such a request to the head of the organization.

The state of punishment testifies to a continuing systematic educational impact, which can be effective in organizing the proper registration of violators of the internal labor schedule and control over their labor behavior. At medium and large enterprises, the employer can assign these responsibilities to the direct managers of the labor process, who keep special registers for recording violations and violators of the internal labor schedule in their subordinate production teams.

Disciplinary action, to put it simply, is a punishment imposed on an employee of a 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.

A violation that has not been documented, or if it is not accurately executed, does not have any legal force.

Application of disciplinary action

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

In company documents and in labor contract concluded with the employee, the employee's duties are spelled out, which he, in fact, must perform.

The employee must be familiarized with the listed documents when applying for work against signature, and a copy of the employment contract must be kept by the employee. It is precisely their non-fulfillment, or poor-quality execution, and will be the reason for the imposition of a disciplinary sanction.

So, look at the listed documents more often.

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

These include the following:

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

Types of disciplinary action

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

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

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

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

How to issue a disciplinary action correctly?

If there is a fact of a disciplinary violation, then it is necessary to record it correctly. To do this, you just need to document such a fact.

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

• Act... The document that fixes the commission of the corresponding disciplinary offense by the employee is called the act. 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 in case of refusal to pass medical checkup etc.
• ... The employer can draw up a note (memo), for example, if the deadlines for the delivery of any report, document, etc. are violated, the employee fails to fulfill his duties, etc.
• decision of the commission... Such a document is drawn up in the event of damage to the employer.

So, if, nevertheless, an employee's violation is recorded, then it is necessary to demand from the employee an explanation of the incident that happened, only in writing.

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

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, nevertheless, did not provide a document within two working days, this must be recorded in writing, namely by an act.

Even in the event of a dispute, a written request from the employer to provide explanations and the corresponding statement that such explanations are not available may become sufficient grounds for imposing some kind of disciplinary sanction.

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

Then it is the employer's responsibility to carefully consider it and make a decision. If the listed reasons stated in the explanation are considered valid, then there may not be any penalty and punishment. Otherwise, such a note will certainly serve as the basis for the imposition of a penalty.

Now you can move on to another stage at which the order is created. The manager must decide what kind of punishment the employee will receive. This must be determined by considering some factors, for example, the severity of the action committed and the consequences that have occurred.

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

The order must contain the following points:

• personal data of the employee, occupation and department in which the employee works;
• the essence of the offense;
• description of the identified misconduct and determination of the degree of its severity;
• the presence of the employee's fault;
• 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 include it in his personal file. It will be enough to enter in the employee's personal card, but not in work book.

Any employee of the company to whom a penalty was imposed has the right to appeal against the imposed penalty in the labor inspectorate.

If an employee, from the moment a penalty was applied to him, performs his work in good faith, and has not been subjected to a new penalty throughout the year, then he is automatically exempted from the existence of such a disciplinary penalty.

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 is excluding the time of the employee's illness, being on vacation, etc.

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

Only one disciplinary sanction may be applied for each disciplinary violation committed.

Can a disciplinary sanction be lifted?

With an employee it may well be.

In the absence of other penalties within one year, and after that year, the penalty must be lifted from the employee. But at the personal request of the employer, such a penalty can be lifted during this one year, but only by on their own, or at the personal request of the employee, also at the request of the representative body or the employee's boss.

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

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

There is simply no specialized form for such an order, so the organization itself must develop it.

But the order must contain the personal data of the employee and data on the withdrawal of the penalty, that is, the date and grounds.

Consequences of the application of 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 the premiums altogether, or deprive other incentive payments, if this is spelled out in the organization's regulations.
2. Secondly, if a second violation suddenly follows, and, accordingly, disciplinary action, then the employer has the right to dismiss the employee in accordance with applicable law.

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

Stanislav Matveev

Bestselling author " Phenomenal memory". Record holder of the Russian Book of Records. Creator of the training center" ZapomniVse ". Owner of Internet portals in legal, business and fishing topics. In the past, owner of a franchise and an online store.

Upon establishing the facts of violation of labor discipline, disciplinary action can be applied to any employee of the organization. This possibility is established by various regulations governing labor legislation, including Labor Code, disciplinary regulations (for example, "On the Armed Forces of Russia"), laws (for example, "On civil servants") and other documents. The decision on disciplinary liability is taken by the head of the enterprise or another person who is entrusted with this duty. About what a disciplinary sanction is, how it is imposed and removed, what types of liability are commensurate with a certain offense, and other similar issues will be considered in this article.

Types of disciplinary action

Article 192 of the Labor Code of the Russian Federation defines only 3 types of legal penalties that can be used:

• rebuke;
• comment;
• dismissal.

Often in the practice of various enterprises there are cases when managers use a severe reprimand, deprivation of bonuses, transfer to a position with a reduced salary, warnings, fines, etc. for disciplinary sanctions. All these measures cannot be classified as legal. The only exceptions are cases when additional measures penalties are provided for by local laws or statutes.

For example, in relation to military personnel, in addition to the standard ones, the following collection options can also be applied:

• demotion in rank by one or more steps;
• severe reprimand;
• disciplinary arrest;
• deprivation of a badge or another dismissal;
• early dismissal;
• deduction from educational institution either from military fees;
• the purpose of the outfit, etc.

Also, additional measures may be provided for by internal acts and collective agreements. Only at the time of hiring the employee should be familiarized with the entire list of misconduct for which liability may follow.

For each misconduct of an employee, no more than one type of disciplinary liability can be brought against. For example, you cannot be reprimanded for absenteeism, and later you cannot be fired for it.

A reprimand as a disciplinary sanction

A reprimand is an oral form of disciplinary action. Before applying it, an explanation must be obtained from the guilty employee, indicating all the circumstances and reasons for the misconduct. Even in the course of employment, a citizen must be notified of all types of misconduct for which he can receive a reprimand from his superiors.

The reprimand indicates the place, time, date, as well as the reasons for the application of this type of penalty. In this case, the mark of the reprimand is not entered in the work book. But if later this employee is dismissed due to a regular violation of labor discipline, then the employer has the right to list all episodes of reprimands in the dismissal order, and indicate the details of this order in the work book.

If all the specified features of the reprimand are not respected by the employer, the employee can challenge the collection.

Observation as a disciplinary sanction

In fact, a remark, neither in terms of legal consequences, nor in the form of imposition, does not differ from a reprimand. The only difference is in the wording: "remark" sounds a little softer than a reprimand.

Dismissal as a disciplinary sanction

Dismissal, as the most severe disciplinary measure, can be used by a manager against a negligent employee only on the following grounds:

1. Repeated non-fulfillment of labor duties.
2. The presence of cases involving the employee earlier to other, more soft species disciplinary responsibility.
3. Refusal to perform or improperly perform labor duties without good reason. If a citizen cannot work normally due to the lack of normal working conditions or insufficient qualifications, for health reasons, his dismissal is not legal.

Misconduct - grounds for disciplinary action

Disciplinary punishment is used only in the case of labor misconduct, namely: for non-performance or poor-quality performance of duties by an employee due to his personal fault. The entire list of labor misconduct is contained in article 81 of the Labor Code of the Russian Federation, indicating the type of liability corresponding to a particular misconduct. This is why the employer has every right to bring the employee to a certain type of disciplinary liability:

• One-time gross violation of labor discipline. Examples: theft, drunkenness at work, absenteeism, disclosure of commercial secrets, etc. If any of the listed facts are found, the employer has the right to apply at its discretion any of the types of disciplinary sanction (maximum - dismissal).
• Guilty acts of persons who are financially responsible. Here we are talking only about employees, in employment contracts which provides for the possibility of bringing to material liability (for example, sellers, cashiers or storekeepers). For committed material misconduct, dismissal, reprimand or reprimand can be applied to them.
• Providing by a citizen when hiring forged documents. For this offense, dismissal is usually applied. However, if a false document on education was provided, which is not required for the performance of the assigned duties, then the dismissal of such an employee is illegal.
• Failure to perform labor functions without good reason. In this category, such a misconduct as being late is quite common. An employee cannot be fired for a one-time delay. First, it is necessary to make a remark, in case of repetition - a reprimand, and only with systematic delays can a decision on dismissal be made.

Disciplinary sanctions for absenteeism

Absenteeism is a serious offense for which a manager can bring an employee to any of the types of disciplinary liability, up to and including dismissal (even in the case of a one-time offense). The most difficult thing in this matter is the interpretation of the concept of absenteeism. V Russian legislation it is defined as the absence of an employee from the workplace without good reason for more than three hours during the working day. Absenteeism can be counted as not showing up for work at all, or being absent from it continuously for three hours, or throughout the day in total. Example: an employee was one hour late, then left without permission workplace by 1 hour 40 minutes and left half an hour ahead of time; this day can be counted as absenteeism.

We are talking about finding an employee at his specific workplace - in the office, at the machine, etc. If he was not at the workplace for more than three hours, but was present on the territory of the enterprise, even if he did not fulfill his official duties, count this day the employer has no right for absenteeism. This situation to a greater extent falls under the concept of violation of labor discipline, for which the employer can issue a reprimand or reprimand, but only not dismiss.

Actions that can be classified as absenteeism:

1. Unauthorized use of days off or going on vacation without approval.
2. Unauthorized replacement by shifts, except for situations when it was performed within one day. In this situation, we are talking about a violation of labor discipline, and not about absenteeism.
3. Failure to appear at work to which the employee was legally transferred.
4. Absence from work on a holiday or a day off, provided that it is declared a working day. But bringing an employee to work without his consent on a non-working day is illegal.
5. Leaving a job by a person after graduation educational institution when sending it to a given enterprise for working off for a specific time. However, the absence of a young specialist to the employer for distribution cannot be considered absenteeism, since there are still no labor relations between them.
6. Failure of a posted worker to appear at the enterprise to which he is sent.

Absenteeism is not considered the absence of an employee from the workplace for valid reasons, namely:

• disaster;
• disturbances in the operation of the transport system;
• illness of the employee himself or the need to care for a sick family member;
• passing the session without registering a vacation;
• absence from work with the permission of the authorized managers of the enterprise, etc.

Disciplinary responsibility of the manager

Bearing in mind that the decision to impose a disciplinary sanction is made by the head of the enterprise, a completely logical question arises - is it possible to bring the director of the organization himself to justice? Since the director, like any other employee of the enterprise, is obliged to comply with the rules established not only by legislative acts, but also by local documents (labor protection instructions, labor regulations inside legal entity etc.). In addition, the leader must fulfill his functional responsibilities and to comply with the decisions of the heads of higher authorities. Therefore, in case of non-compliance with the requirements of labor discipline or negligent performance of official duties, the director may also be brought to disciplinary action.

This procedure can be initiated by the employees of the organization themselves through the representative body of workers (trade union) or the employer. The problem is that it is quite difficult to track how disciplined a manager fulfills the requirements of labor discipline. The fact is that the specifics of the activities of the majority of directors presupposes a traveling nature of work. But it is quite simple to determine how well the director performs his functions by analyzing the accounting and statistical reporting of the organization.

For committed misconduct, standard types of disciplinary action can be applied to the manager - a reprimand, a reprimand, or dismissal. They are imposed by the owner of the organization or by the employer.

The procedure for the application of disciplinary sanctions

Disciplinary office work consists of the following stages:

1. The employer gives the employee the opportunity to explain the reasons for his misconduct in writing. In case of refusal to do this, the person who is entrusted with such a duty (director, head of the personnel department or structural unit) draws up an act indicating the place and time of drawing up the document, the name of the persons who made the act and committed the violation, the essence of the misconduct, the employee's explanation of this fact or an indication to refuse to give explanations, etc.
2. Obtaining from the head of the structural unit in which the violator is, evidence of the committed misconduct (for example, a time sheet indicating the hours of absence of the employee), as well as his opinion on what type of disciplinary sanction corresponds to the severity of the committed act.
3. The head of the organization makes a decision on the culpability of the employee. In doing so, it takes into account extenuating circumstances (if any).
4. The director issues a disciplinary order. A sample of it can be found below. The employee should be familiarized with the order within three working days from the date of its issuance. If you refuse to sign the order, an appropriate act is drawn up.

Terms of imposition and terms of application of a disciplinary sanction

The following terms are typical for disciplinary office work: 1 month and half a year. If after the commission of the labor misconduct one month has already expired, then the imposition of a penalty becomes impossible. The time taken into account does not include the periods of the employee's vacation or sick leave. The maximum period of time for which an employee must be brought to disciplinary responsibility is 6 months. This period can be extended to two years only in the event of a comprehensive audit of financial and economic activities or an audit at the enterprise.

Removal of disciplinary sanction

If, within one year after the imposition of a penalty, the employee fulfills his duties in good faith and is not repeatedly brought to disciplinary liability, the penalty is automatically lifted, and the offender is considered to have no disciplinary penalty.

There are times when liability is removed ahead of schedule. Most often this happens at the initiative of the head of the enterprise or at the request of the head of a structural unit or trade union committee. The violator himself can initiate the removal of the penalty by personally making such a request to the employer.

When making the appropriate decision, an order must be drawn up to lift the disciplinary sanction. A sample of it can be viewed here.