Inappropriate performance of official duties. How to get fired for not doing your job

The Labor Code (Article 192) spells out the right of the employer to attract employees who do not fulfill their labor duties to

When imposing a second penalty in the form of dismissal, the order must refer to the order on the application of punishment for the previous misconduct.

It is also necessary to refer to the act, which fixes the obligation not fulfilled by the employee, and a description of the violation committed (time, place, circumstances, supporting documents).

Further actions

More steps to take:

• Familiarization of the employee with the order against signature.
• Entering into work book for repeated failure job duties.
• Issue to the employee of his documents and calculation.

Due payments

The fact that the dismissal occurred under the article does not in itself affect the size and procedure for calculating.

An exception can only be the case when, as a result of the employee's failure to fulfill his labor duties, the employer suffered material damage. If this happened, then with the consent of the employee, the amount of damage may be from the payments due to him.

By general rule salary and compensation for unused vacation time are subject to payment upon dismissal.

Consequences for the employee

There are practically no legal consequences for dismissal under the article. But such an entry in the work book can provoke a wary attitude towards the employee on the part of potential employers.

After all, everyone wants to get a responsible and competent employee, and not everyone wants to accept someone who has already failed at work once.

Employer liability for wrongful dismissal

In case of violation of the rules for registering misconduct committed by an employee, dismissal for repeated violations of labor functions can be considered unlawful.

After all, if you are fired for repeated violations, and the previous penalty was imposed in violation of the law, then it is subject to removal and the grounds for dismissal disappear.

If an employee is punished for refusing to perform actions that were not part of his duties, this is also the basis for lifting the penalty.

If the grounds used by the employer for dismissal are recognized by the court, then the employee will also need to pay him the wages not received (missed) from the moment of dismissal. That is, the employer will pay a ruble for the violations committed.

Resolution of disputes in court: examples from practice

The Perm Regional Court reinstated the plaintiff, who was dismissed for repeated failure to fulfill his labor duties.

The reason for this decision was that the circle official duties employee was not clearly defined in employment contract, and familiarization with the job descriptions was not made.

Thus, the court found it difficult to determine the scope of the employee's duties and, as a result, recognized the imposition of penalties and dismissal as illegal.

The Kirovsky District Court found it unlawful to dismiss an employee under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation due to the fact that the employer did not refer in the orders to impose disciplinary sanctions on her on the act, the obligations recorded in which she did not fulfill.

In addition, after the employer provided information about this act, it turned out that the employee was only partially acquainted with it e-mail.

Later, despite the fact that it was established that the employee actually committed a violation of the rules established by her employer on her part, the court, based on the violations of the execution of the order, reinstated her in her position.

The employer, accepting a new employee to his staff, must bring to his attention full list functions. A job description should also be drawn up, which provides an in-depth list of job duties. So for their violation, and repeated, the authorities have the right to remove an incompetent employee from the state. We need to understand the process of dismissal.

How to fire an employee for non-performance of duties

Management before signing labor contract is obliged to familiarize the person with the duties that he will perform. He must sign this document.

Dismiss an employee for good reason "failure to perform duties” is possible subject to two conditions:

• in such a violation, the employee received any disciplinary action;
• violation functional duties made without good reason.

As stated in the law, in case of failure to fulfill their functions, a person should be charged with any punishment, except for dismissal. Only when this penalty is not removed, the employer has the right to dismiss the employee.

Not a single article of the Labor Code of the Russian Federation prescribes what reasons can be valid. Therefore, the decision is up to the employer.

Dismissal for non-fulfillment of labor duties - step by step instructions

In order to properly fire a person, you must follow a certain algorithm of actions:

• First you need to collect documents that confirm the repeated violation;
• Make a copy of the instruction, which clearly indicates the item that is systematically violated;

It is important to remember that some categories of people are prohibited from firing. These include pregnant women and mothers whose child has not reached the age of three.

• Check all the numbers of imposed disciplinary sanctions;
• A mandatory step is to receive an explanation from the employee in writing;
• Make sure there are no good reasons;
• Print a dismissal order, assign a number to it and familiarize the person with it;
• Make a record of dismissal in the work book;
• Give a book to a person in his hands, pay him in full.

Failure to comply with legal obligations

The law clearly states that the employer is obliged to familiarize the person with his functions. This must be done before the conclusion of the contract. He speaks about it.
gives the right to the management of the organization to dismiss an employee for failure to fulfill his official load in the presence of a disciplinary sanction for such an action.

Fully explains on what basis, in what case and what punishment the management can apply when committing an unacceptable misconduct.

Responsibility for non-fulfillment of official duties

According to article 192 of the Labor Code of the Russian Federation, a remark, reprimand, dismissal can be applied to a person who does not fulfill his labor duties.

The employer has the right to decide for himself what kind of punishment the employee should suffer. Such a decision is made on the basis of the committed act, how great the losses suffered by the digging from such actions.

Each employee should know how to avoid dismissal under the article for failure to perform official duties. To do this, you must fully comply with your job description. Do not violate it without good reason. Then the boss will not need to punish.
It must be understood that no one will fire a person for the first violation of the instructions, but a penalty will be imposed and may entail a reduction in the bonus. But the second can already lead to dismissal. Therefore, the situation should not be brought to a critical moment.

How to apply for dismissal under the article for failure to perform official duties?

You need to know the rules here. For dismissal on such grounds, an order is issued. It has an approved form T-8.
In such a document, the full contact details of the employer must be indicated: the name and address of the company, details. Also, the full name and position of the employee, the date of commencement of the employment relationship are prescribed here. A mandatory step is to indicate a reasonable reason why the person is being fired. There should be links to all evidence papers.

It also indicates the fact that a person has repeatedly been brought to disciplinary responsibility for such violations of discipline. The order is issued in two copies, it is obligatory given for familiarization to the dismissed person.

The consequences of dismissal under the article

It is very bad when there is a dismissal under the article for failure to perform official duties. The consequences after it are extremely serious. A special entry is made in the work book that the person was removed from the place of work for a gross violation. In this case, it will be difficult to get a job new job. Employers always carefully screen new applicants.

It is necessary to take a serious and responsible approach to the performance of one's duties, then the authorities will never have the thought of dismissing a valuable employee.

On the first misconduct of an employee

1. It is necessary to check whether there is a document according to which the employee is obliged to fulfill the labor obligation that he violated (did not fulfill). An employee can be held liable for a violation (non-fulfillment) of some kind of labor obligation established by a clause in the job description, the Internal Labor Regulations, an employment contract, etc. Violating legally not

2. On the fact of the first violation, a memorandum is drawn up by those who discovered the violation. The note makes references to the violated clauses of the job description, employment contract, and other document. In the memorandum, references can be made to documents confirming the violation (an audit report, a document on marriage in work, on imposing a fine on the organization for a violation committed by an employee, etc.)

3. It is necessary to establish the absence of valid reasons for the employee’s disciplinary offense, to make sure that the employee will certainly not be able to justify him in the future with his illnesses, illnesses of relatives, weather conditions, accidents, etc.

For the first violation, a written explanation (explanatory note) is taken from the employee in order to find out its circumstances and reasons. If it follows from the explanatory note that the employee, for example, was late for work or did not complete the task of the management for a good reason, then the explanatory note is registered, placed in the case and cannot be considered as a basis for applying a disciplinary sanction or taken into account upon dismissal under paragraph 5 of part .1 st. 81 of the Labor Code of the Russian Federation. If it follows from the explanatory note that the employee has no good reason for committing the misconduct (i.e., there are no supporting documents, other evidence), then the employee’s explanatory note becomes the basis for issuing an order to apply a disciplinary sanction.

If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up (on refusal to give explanations). It is desirable that the act be certified by three employees.

4. It is necessary to find out whether the deadlines for bringing the employee to disciplinary liability have expired. (A disciplinary sanction is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, he was 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 day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit - later than two years from the date of its commission. The specified time does not include the time of proceedings in a criminal case. Article 193 of the Labor Code of the Russian Federation).

5. An order is issued to apply a disciplinary measure to the employee in the form of a remark or reprimand. See an example of filling out an order to bring to disciplinary responsibility. Remark and reprimand according to Art. 192 of the Labor Code of the Russian Federation are penalties. They are not penalties and are not counted upon dismissal under clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation deprivation of a bonus, downgrading of a category, category. It is recommended that the order to apply a disciplinary sanction be motivated, justified, with references to the clauses of the contract or instructions that are violated, to documents that confirm this, for example, memorandums, notifications from the Federal Tax Service of the Russian Federation about the delay in filing a declaration by an accountant if the accountant is dismissed.

6. The order is registered in the Register of orders (instructions). The court may also check this journal in the future if it suspects that the order was prepared “backdating”.

7. The order (instruction) of the employer on the application of a disciplinary sanction is 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 specified order (instruction) against signature, then an appropriate act of refusal to familiarize himself with the order is drawn up. It is desirable that this act be signed by three employees.

According to the second misconduct of the employee

8. Within 1 year from the moment of imposing a disciplinary sanction on the employee, the first disciplinary offense is followed by a second violation (non-fulfillment) of some kind of labor duty. It is necessary to check whether there is a document according to which the employee is obliged to fulfill the labor obligation that he violated (did not fulfill). An employee can be held liable for a violation (non-fulfillment) of some kind of labor obligation established by a clause in the job description, the Internal Labor Regulations, an employment contract, etc. Violating legally not assigned duty does not count.

9. On the fact of the second violation, a memorandum is drawn up by those who discovered the violation. The note makes references to the violated clauses of the job description, employment contract, and other document. In the memorandum, references can be made to documents confirming the violation (an audit report, a document on marriage in work, on imposing a fine on the organization for a violation committed by an employee, etc.)

10. It is necessary to establish the absence of valid reasons for the second disciplinary offense of the employee, to make sure that the employee will certainly not be able to justify him in the future with his illnesses, illnesses of relatives, weather conditions, accidents, etc.

For the second violation, a written explanation (explanatory note) is taken from the employee in order to find out its causes. If it follows from the explanatory note that the employee, for example, was late for work or did not complete the task of the management for a good reason, then the explanatory note is registered, placed in the case and cannot be considered as a basis for applying a disciplinary sanction or taken into account upon dismissal under paragraph 5 of part .1 st. 81 of the Labor Code of the Russian Federation. If it follows from the explanatory note that the employee has no good reason for committing the misconduct (i.e., there are no supporting documents, other evidence), then the employee’s explanatory note becomes the basis for issuing an order to apply a disciplinary sanction.

If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up (an act of refusal to give explanations). It is desirable that the act be certified by three employees.

11. It is necessary to find out if the deadlines for bringing the employee to disciplinary responsibility have expired, because. the type of dismissal in question is a disciplinary sanction, therefore, the provisions of Art. 193 of the Labor Code of the Russian Federation. (A disciplinary sanction is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, he was 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 day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit - later than two years from the date of its commission. The specified time does not include the time of proceedings in a criminal case. Article 193 of the Labor Code of the Russian Federation).

12. Further, a dismissal order is issued (on the application of a disciplinary sanction in the form of dismissal for the second violation). The unified form T-8 is used, approved by the Decree of the State Statistics Committee of the Russian Federation on 01/05/2004. See an example of filling out an order.

13. The order is registered in the Register of orders (instructions).

14. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. In the event that the order (instruction) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to get acquainted with it against signature, an appropriate entry is made on the order (instruction). This is stated in Art. 84.1 of the Labor Code of the Russian Federation. If the employee refuses to familiarize himself with the order to terminate the employment contract, it is also recommended to act (an act on the refusal to familiarize yourself with the order), which is certified by the signatures of the originator and two employees. This document may be useful in court as additional evidence of the correctness of the employer.

15. After that, a full settlement is made with the employee, they pay monetary compensation for unused vacation, wages and other payments due.

16. Make a record of the termination of the employment contract in the work book and personal card. A resignation letter might look like this:

“Dismissed for repeated non-fulfillment of labor duties without good reason, paragraph 5 of the first part of Article 81 of the Labor Code Russian Federation". Or: “The employment contract was terminated at the initiative of the employer due to the employee’s repeated failure to fulfill his labor duties without good reason, paragraph 5 of the first part of Article 81 of the Labor Code of the Russian Federation.”

The employee certifies with his signature the entries in the work book and the entry in the personal card about the dismissal.

17. A copy of the work book of the dismissed employee is made for the archive of the enterprise. The work book is issued to the employee on the day of dismissal. Make an entry about this in the Book of accounting for the movement of work books and inserts to them. In the event that it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for the work book or agree to send it by mail. Notifications are registered in the Notification Log.

Keep in mind:

In the event that it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for the work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book. At the written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.

Electronic database "Package of personnel officer". Consulting company "Strategy"

For committing a disciplinary offense, i.e. for guilty non-performance or improper performance by an employee of his labor duties, three types of penalties can be applied to him (Article 192 of the Labor Code of the Russian Federation):

Remark (less strict measure of responsibility);

Reprimand (more stringent measure of responsibility);

Dismissal.

Federal laws, statutes and disciplinary regulations in force for certain categories employees (for example, for state and municipal employees, customs and prosecutors), other disciplinary sanctions may also be provided (part 5 of article 189, part 2 of article 192 of the Labor Code of the Russian Federation).

For ordinary organizations, the specified list of penalties is exhaustive, therefore, the employer does not have the right to apply other types of punishment to employees (fines, deprivation of bonuses, etc.). If such facts are revealed by the federal labor inspectorate, then the organization may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor laws.

So, in the Ruling of the St. Petersburg City Court of November 10, 2009 N 14566, it is indicated that a disciplinary sanction in the form of a strict reprimand was unlawfully applied to the employee, since such a sanction is not provided Labor Code RF and the employee does not belong to the category of employees for whom federal laws, statutes and regulations on discipline establish other types of penalties.

The penalties listed in Art. 192 of the Labor Code of the Russian Federation, can be applied not only in the order in which they are indicated in the Labor Code of the Russian Federation. Therefore, taking into account the severity of the offense committed, its consequences, the personality of the offender, etc. the employer can immediately reprimand the employee (rather than a remark) or even dismiss him (if there are sufficient grounds). But for each violation, only one penalty can be applied (Article 193 of the Labor Code of the Russian Federation), i.e. for absence from work for more than four hours, both a reprimand and dismissal cannot be applied to an employee at the same time. At the same time, bringing an employee to liability for a particular offense (for example, for damage to the organization's property) does not deprive the employer of the opportunity to simultaneously apply a disciplinary sanction. This conclusion follows from Art. Art. 192 and 248 of the Labor Code of the Russian Federation, according to which bringing to liability is not a disciplinary sanction.

In this article, we consider the judicial practice on the application of disciplinary sanctions. Thus, the Ruling of the St. Petersburg City Court dated June 15, 2011 N 33-8984 established the following:

The court, referring to Art. Art. 21, 192 and 193 of the Labor Code of the Russian Federation, came to the conclusion that a disciplinary sanction can be applied to an employee for violating labor discipline, that is, for a disciplinary offense. At the same time, the court explained that a disciplinary offense is a guilty, unlawful failure to perform or improper performance by an employee of the labor duties assigned to him, incl. violation of job descriptions, regulations, orders of the employer. Only such unlawful actions (inaction) of an employee that are directly related to the performance of his labor duties can be recognized as a disciplinary offense. At the same time, the right to choose a specific disciplinary sanction from among those provided for by law belongs to the employer, who must take into account the severity of the misconduct, the circumstances under which it was committed, and the previous behavior of the employee.

By the decision of the Perm Regional Court dated February 28, 2011 in case No. 33-1723, it was established that, within the meaning of Art. 192 of the Labor Code of the Russian Federation, the choice of the type of disciplinary sanction is the right of the employer, but this right corresponds to the obligation, when imposing a disciplinary sanction, to take into account the severity of the misconduct committed, as well as the circumstances of its commission, so Sh. removal of disciplinary action. The claims are motivated by the fact that he is labor relations with the defendant from 12.11.2010, Shch was reprimanded for his lack of control over the personnel subordinate to him in the performance of functional duties.

In addition, by the specified order, he was charged with the obligation to carry out a number of measures aimed at improving the work of the unit entrusted to him. The plaintiff believes that there were no grounds for bringing him to disciplinary responsibility, he did not commit a disciplinary offense, his actions in managing the motor transport shop meet the requirements of the job description.

At the hearing, the plaintiff and the representative insisted on the claim.

Representatives of the defendant did not recognize the claim. The court ruled on the above decision, the annulment of which is requested in the cassation appeal by the defendant, referring to its illegality and groundlessness. The defendant believes that the conclusion that there are no grounds for bringing the plaintiff to disciplinary liability was made by the court without taking into account all the circumstances of the case. He believes that in the course of the trial he found confirmation of the fact that the defendant (as the head of the transport department) lacked general control over the activities of employees subordinate to him. Release to the line of mechanical vehicle/brand/ state number is in a causal relationship with the plaintiff's improper performance of his duties.

In concluding that the disciplinary sanction was disproportionate, the court did not take into account that the choice of a disciplinary sanction is within the exclusive competence of the employer. In this particular case, the employer applied the penalty taking into account all the circumstances worthy of attention.

Judicial Board, checking the legality and validity of the decision within the arguments of the cassation complaint according to the rules h. 1 Article. 347 Code of Civil Procedure of the Russian Federation, finds no reason to cancel it.

In accordance with Art. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: 1) remark; 2) reprimand; 3) dismissal on appropriate grounds.

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account. Satisfying the claims, the court concluded that there were no grounds for bringing the plaintiff to disciplinary liability. At the same time, the court proceeded from the absence of the fact that the plaintiff had committed a disciplinary offense. The motives on which the court came to this conclusion are given in the decision, the conclusions are quite complete, the actual circumstances of the case do not contradict. So from order N 2915 of November 12, 2010, it follows that the employer imputed to the plaintiff (as the head of the motor transport department) the lack of proper control over the actions of the employees of this unit subordinate to him. From the case file it follows that on 10/12/2010 at the stationary traffic police post in the village.<...>a motor vehicle was detained / make / license plate<...>under the control of driver N. for the lack of inspection, the period of validity of the previous inspection coupon ended in September 2010.

At the same time, the court found that on 10/12/2010 the technical inspection of this mechanical tool was carried out - 09/29/2010, the technical inspection certificate was indeed absent at the time of the check by the traffic police.

The position of the defendant in the case was reduced to the fact that in this particular case the fault of the plaintiff in the improper performance of his functional duties lies in the fact that he did not control the procedure for obtaining technical coupons for passing technical inspections and allowed the release of a vehicle on the line, the operation of which in the absence of information about inspection is prohibited. Giving analysis official functions the plaintiff, the court of first instance came to the conclusion that he had no duties, the failure to fulfill which was regarded by the defendant as a disciplinary offense. The arguments of the cassation appeal do not rebut the correctness of the specified conclusion of the court. The Judicial Board sees no reason to disagree with this conclusion of the Court of First Instance.

In addition, the court came to the conclusion that the disciplinary sanction was disproportionate to the misconduct, the commission of which was imputed to him.

The argument of the cassation appeal on the incorrectness of the specified conclusion of the court does not entail the cancellation of the decision. Within the meaning of Art. 192 of the Labor Code of the Russian Federation, the choice of the type of disciplinary sanction is the right of the employer, but this right corresponds to the obligation, when imposing a disciplinary sanction, to take into account the severity of the offense committed, as well as the circumstances of its commission. The court concluded that this obligation was not fulfilled by the employer, which entailed the recognition of the order regarding the disciplinary sanction applied to the plaintiff as invalid. The arguments of the cassation appeal do not rebut the correctness of this conclusion of the court.

The totality of the collected evidence - the explanations of the parties, witnesses, written evidence - was assessed by the court, the conclusions on the merits of the requirements do not contradict the actual circumstances of the case; the circle of legally significant circumstances for the case was correctly determined by the court, the substantive law was correctly applied, and no violations of the requirements of the procedural law were committed.

Thus, the panel of judges sees no grounds for intervening in the judgment on the grounds set forth by the defendant in his cassation appeal.
By the definition of the Constitutional Court of the Russian Federation of December 25, 2008 N 860-О-О

The court explained that Part 3 of Art. 193 of the Labor Code of the Russian Federation, establishing month application of a disciplinary sanction, limits the right of the employer to bring employees to disciplinary responsibility for a certain period and is aimed at protecting the rights of the employee. This rule shall be applied to any employee and any representative body of employees if it is necessary to take into account his opinion regarding the application of disciplinary action against the employee in cases where statutory, collective agreement, agreement (articles 41, 46, part 2 of article 82 and part 3 of article 192 of the Labor Code of the Russian Federation). Therefore, Part 3 of Art. 193 of the Labor Code of the Russian Federation cannot be considered as violating the principle of equality of human rights and freedoms.

Guide to personnel issues. Disciplinary action. Remark, reprimand, dismissal The employer may apply disciplinary sanctions in case of non-performance or improper performance by the employee of his duties (Article 192 of the Labor Code of the Russian Federation). Responsibilities must be recorded in the work. Article: Rules for dismissal for repeated non-fulfillment of labor duties (Davydova E.V.) (“Personnel department of a state (municipal) institution”, 2015, N 7) “Personnel department of a state (municipal) institution”, 2015, N 7 Forms of documents.

Applying disciplinary sanctions to an employee

192 of the Labor Code of the Russian Federation). At the same time, these obligations must be fixed in the employment contract, job description or in local regulations employer. A prerequisite is also the fact that the employee has familiarized himself with such instructions or local acts (signature of the employee on familiarization). That is, if an employee works with the Company's Clients, and his actions led to the loss of the Client, the obligations to work with Clients should be included in his immediate duties, enshrined in the employment contract and / or job description. For committing a disciplinary offense, i.e.

Job responsibilities of the employee and punishment for their non-fulfillment

The normative document determines the required qualification level, as well as a number of professional duties. Job Descriptions compiled for the professions: accountant, sales manager, PTO engineer, storekeeper, cashier, sales assistant, clerk, auxiliary worker, mechanic, computer operator, criminal investigator, timekeeper, nurse, wardrobe attendant, nurse, economist, methodologist, cleaning lady, security guard, lawyer, social educator, caregiver kindergarten, archivist, school teacher, archivist, cook, secretary, marketer, office cleaner, repairman, director, driver, labor protection specialist, watchman, hotel administrator, janitor, supervisor, technician, waiter, sales representative, legal adviser, freight forwarder, lawyer, HR specialist, warehouse manager, manager, etc. Below we will get acquainted with the job responsibilities for some professions, since for the most part they intersect and involve, first of all, the fulfillment of the assigned tasks by the employee on time and with high quality. Responsibilities of an accountant The first is the presence vocational education.

Punishment for dereliction of duty

Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) may also provide for other disciplinary sanctions for certain categories of employees. Improper performance of work duties. It is difficult to drag a hippopotamus out of the swamp For committing a disciplinary offense, i.е. for guilty non-performance or improper performance by an employee of his labor duties, three types of penalties can be applied to him (Article 192 of the Labor Code of the Russian Federation): customs and prosecutor's offices), other disciplinary sanctions may also be provided (part. Search for laws by alternative names and review of Russian legislation 1.

Improper performance of labor duties

5 st. 189, part 2 of Art. 192 of the Labor Code of the Russian Federation). For ordinary organizations, the specified list of penalties is exhaustive, therefore, the employer does not have the right to apply other types of punishment to employees (fines, deprivation of bonuses, etc.). If such facts are revealed by the federal labor inspectorate, then the organization may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor laws. So, in the Ruling of the St. Petersburg City Court dated November 10, 2009 N 14566, it is indicated that a disciplinary sanction in the form of a strict reprimand was unlawfully applied to an employee, since such a sanction is not provided for by the Labor Code of the Russian Federation and the employee does not belong to the category of employees for whom federal laws , statutes and regulations on discipline establish other types of penalties.

The penalties listed in Art.