In connection with non-fulfillment of official duties. Application of disciplinary sanctions to an employee

produced at the initiative of the employer. Labor legislation has established a complex procedure for dismissal, and in judicial practice, there are certain nuances that have not been disclosed by the legislator.

Conditions for the legality of dismissal for repeated failure to perform labor duties

According to clause 5, h. 1, Art. 81 of the Labor Code, the repeated failure of workers subjected to disciplinary sanction to fulfill their labor duties in the absence of a valid reason is a reason to terminate the contract at the will of the employer.

Based on the interpretation of the norm, for the recognition of the dismissal as legitimate, 3 conditions are simultaneously necessary:

Violation of labor discipline

According to clause 35 of the resolution of the Plenum of the Supreme Court of 17.03.2004 No. 2, the basis for dismissal under clause 5 of part 1 of Art. 81 of the Labor Code is non-performance or guilty improper performance of labor duties.

The legislator and judicial practice distinguish 3 types of non-observance of labor discipline:

1. Not in the workplace.

   The indication in the contract with the employee or in a separate act of the employer of the specific workplace of the employee is optional. In the absence of certainty, the provision of Art. 209 of the Labor Code, where it is established that a worker is a place under the direct or indirect control of the employer, where the employee must be in connection with work or where he must arrive.

   In terms of legal consequences, there are differences between absence from the workplace for a short time and absence for more than 4 hours in a row during a work shift, working day. According to Art. 81 Labor Code more than 4-hour absence is absenteeism related to another motive for dismissal - a gross violation of labor duties.

2. Refusal of an employee to work due to the adoption by the employer of a local act on changing labor standards.

   NOTE! Do not confuse refusal to work due to changes in labor standards with refusal due to changes in the terms of the employment contract. The latter is not a violation of labor discipline and, in accordance with paragraph 7 of Part 1 of Art. 77 of the Labor Code, is considered as a general basis for the termination of labor relations.

3. Failure to comply with the mandatory conditions for admission to work, in particular:
   • refusal, evasion from medical examination;
   • refusal to study and pass exams on safety measures, operating rules and labor protection during working hours, etc.

More about non-fulfillment of the mandatory conditions of admission to work

Grounds for dismissal under clause 5, h. 1, Art. 81 TC can serve as a refusal or evasion of a medical examination, carried out in the form of:

1. Medical examinations before work and after the end of the working day or shift.

   The obligation of such a medical examination is established, in particular, for drivers by the Procedure for conducting pre-shift, pre-trip and post-shift, post-trip medical examinations, approved. by order of the Ministry of Health dated December 15, 2014 No. 835n. In addition, by virtue of Art. 330.3 TC it is mandatory for employees working underground.

2. Periodic medical examination.

   For certain categories of employees, according to Art. 212 TC, it is necessary to undergo periodic medical examinations. So, for the prevention of occupational diseases and in order to establish the suitability of the worker to work by virtue of Art. 213 TC medical examination is carried out by workers employed in the following works:

   • where there are harmful, dangerous working conditions;
   • traffic related.

   To prevent the onset and subsequent spread of diseases, that is, to protect the health of the population, employees undergo a medical examination:

   • children's and medical organizations;
   • waterworks,
   • enterprises of the food industry, public catering, trade, etc.

By order of the Ministry of Health and Social Development of 12.04.2011 No. 302n, a list of such works and the frequency of medical examinations were approved. For example, a crane operator and an elevator operator are required to undergo a medical examination every 2 years; underground workers in the Far North - once a year; land transport drivers - every 2 years; teachers, educators - annually.

Needs clarification and such grounds for dismissal as refusal to study and pass exams on safety, operating rules and labor protection during working hours.

So, according to Art. 225 of the Labor Code, all employees are required to undergo occupational safety training. The order of training and the rules for testing the acquired knowledge were approved by the joint resolution of the Ministry of Labor and the Ministry of Education dated January 13, 2003 No. 1/29.

IMPORTANT! The listed violations of labor discipline are grounds for dismissal, if they are not due to a valid reason.

Violation of labor discipline for a good reason

Judicial practice and the interpretation of individual articles of the Labor Code provide some clarity on the issue of which reasons are valid:

Violation	Situation (reason)	Justification
Absence from work	An employee got into an accident	Appellate ruling of the Tyumen Regional Court dated 20.10.2014 No. 33-5336 / 2014
	The employee works part-time due to non-payment of wages	Appellate ruling of the Khabarovsk Regional Court dated May 13, 2015 No. 33-2977 / 2015
	The employee was summoned to court as a party to the process	Determination of the Moscow Regional Court dated 11.05.2010 No. 33-9048 / 2010
	Execution of a public or state duty
	The employee donated blood
Refusal to work	The employer did not notify the employee about the upcoming change in labor standards 2 months in advance
Failure to comply with admission conditions	The employer did not arrange a medical examination
	The employer did not organize training and acceptance of exams on safety measures, operating rules and labor protection	Appendix to the resolution of the Ministry of Labor and the Ministry of Education dated January 13, 2003 No. 1/29

How to fire an employee for non-performance of job duties: step by step instructions

Dismissal of an employee is carried out in 6 stages; including this identification and verification of the motive for dismissal, execution of termination of the contract, settlement with the employee and the issuance of documents to him. Let's represent the firing algorithm in the form of an instruction table:

Dismissal stage	Actions of the parties		Base
Revealing the basis		Failure to comply with labor discipline by an employee
		Recording by the employer of the committed violation
		Getting an explanation from an employee
		Checking the terms of bringing to responsibility
		Revealing a previous outstanding disciplinary sanction against an employee	Art. 81, 194 TC
		Checking the possibility of dismissing an employee, that is, whether he has "immunity" from dismissal at the moment	Art. 81, 261 TC
Dismissal registration		Issuance of a dismissal order
		Issue of a note-calculation	Resolution of the State Statistics Committee "On the approval of unified forms ..." dated 05.01.2004 No. 1
		Employee notice of dismissal
		Making a record of dismissal in the work book
		Payment by the employer of the calculation to the employee	Art. 84.1, 232 TC
		Payment by the employee of the damage caused to the employer	Art. 232, 238 TC
Delivery of documents		Issuance of a work book and other documents to a dismissed person

NOTE! Sometimes the dismissal procedure does not end with a calculation - for example, if an employee appeals an unfair, in his opinion, dismissal in a district court.

Revealing violation of labor discipline

After or at the time of the employee's violation of labor discipline, the employer must record the violation. At the same time, the Labor Code does not provide for such an obligation, but the registration of the fact of violation is necessary in the interests of the employer himself - otherwise, the employee gets the opportunity to challenge the dismissal.

The procedure for detecting and registering a violation in practice is as follows:

1. The employer is informed in any way about the fact, which is, presumably, a violation of labor discipline. The methods of notifying the employer may include:
   • memorandum of the head of the violating employee, his colleagues or other employees;
   • complaints from third parties (for example, customers of the organization);
   • an act drawn up on the basis of an act committed by an employee, for example, an act of refusing to undergo a medical examination.
2. The employer checks the information received.

   For example, when the immediate supervisor of an absent employee notifies the supervisor that the offender is not at the workplace, the supervisor collects a commission, which necessarily includes an employee of the organization's personnel department. The Commission checks the fact of absence and its reasons.

   The commission must approach the audit responsibly. So, biased research, making an unreasonable decision or conducting an inspection by an interested person is unacceptable, as stated, for example, in the appeal ruling of the Voronezh Regional Court dated June 17, 2014 No. 33-3172.

   The inspection should determine what the non-performance or improper performance of official duties, interpreted as a violation, consists of, and also establish the time of its commission. The lack of data on this, according to the Supreme Court of the Republic of Tatarstan, expressed in the appeal ruling dated 09/08/2014 No. 33-11352 / 2014, indicates that the fact of the disciplinary offense has not been proven.

   Practice also speaks of the need to correlate the misconduct with the subsequent dismissal. For example, pointing out the absence of negative consequences for the organization, despite the stop of transport as a result of the absence of an employee, the Omsk Regional Court canceled the dismissal of the latter in the appeal ruling dated April 15, 2015 No. 33-2470 / 2015.

3. Upon confirmation of the information received about the violation, the violation of official duties is recorded. Registration can be carried out in the form of an official audit conclusion or in another form.

   The dismissal of an employee is unacceptable if the inspection does not establish a violation. For example, in the appellate ruling dated August 22, 2014 No. 33-32951 / 2014, the Moscow City Court indicated that the conducted verification did not reveal the fact of a violation, therefore the order to dismiss is illegal.

Checking the legality of dismissal in a specific situation

After identifying the fact of the violation, the employer must check whether this violation is a legal reason for dismissal. This requires a number of actions:

1. Request an explanation from the employee about the disciplinary violation committed by him (Article 193 of the Labor Code).

   If the employee refuses to receive the submitted demand, it is advisable to read the demand aloud and put a corresponding mark on the document.

   It is when giving an explanation that the employee is given the opportunity to declare the existence of a valid reason for which he had to commit a violation, or other mitigating circumstances. Failure to provide an employee with an opportunity to provide an explanation is a violation of the dismissal procedure. In this case, the courts decide to reinstate the employee in his previous job, as determined, for example, by the Novgorod Regional Court in the appeal ruling dated 10.10.2012 No. 2-755-33-1600.

   The employee's refusal to give an explanation is not an obstacle to the imposition of a disciplinary sanction. If the employee does not provide an explanation within 2 working days, starting from the next after the presentation of the request, the employer draws up an appropriate act.

2. Check compliance with the terms established by the TC.

   So, by virtue of Art. 193 of the Labor Code, the penalty is applied no later than six months after the commission of the misdemeanor and no later than a month from the moment of its discovery. Moreover, in accordance with Art. 81, an employee who has violated labor discipline can be dismissed if he has a valid disciplinary sanction, which is paid off one year after imposition according to the general rule or earlier - at the will of the employer (Article 194 of the Labor Code). An employee who has an extinguished penalty is considered not to have it at all.

   Thus, at this stage, the employer must determine whether the statute of limitations for the application of the penalty has expired and whether the previous penalty of the employee, who is supposed to be fired, has not expired.

   IMPORTANT! In practice, the provision of the law on the legality of dismissal under paragraph 5 of part 1 of Art. 81 only in the presence of an unreleased disciplinary sanction causes a lot of difficulties.

   In order to avoid violations during the dismissal of employees, we present the positions of the courts in relation to various situations:

   Situation	Dismissal	Base
   The employee had a disciplinary sanction, but the court declared the order on its imputation unlawful	Wrongly	Appeal ruling of the Armed Forces of the Republic of Tuva dated 03.22.2016 No. 33-412 / 2016
   For the misconduct that served as the basis for the dismissal, the employee has already incurred disciplinary responsibility	Wrongly	Appellate ruling of the Armed Forces of the Chuvash Republic dated March 11, 2015 No. 33-1061 / 2015
   The worker committed all or part of the disciplinary offenses before being transferred to the current position	Wrongly	Definition of the aircraft dated October 29, 2009 No. 5-B09-110
   	Rightly	Appeal ruling of the Moscow Regional Court dated 15.02.2016 No. 33-199 / 2016
   The employee has committed a violation for which the employer wants to fire him, before the imposition of a penalty for the first disciplinary offense	Wrongly	Appellate ruling of the Armed Forces dated 04/11/2014 No. 78-APG14-8
   An employee committed several violations in one day	Wrongly	Cassation ruling of the St. Petersburg City Court dated 25.01.2012 No. 33-815
   The inspection revealed several violations, but the employee was not brought to justice for them	Wrongly	Appellate ruling of the Astrakhan Regional Court dated February 19, 2014 No. 33-748 / 2014

3. Check the presence / absence of restrictions on the dismissal of an employee.

   So, for example, under Art. 81 of the Labor Code is prohibited from dismissing an employee who is on sick leave or on vacation, and by virtue of Art. 261 of the Labor Code, the employer cannot express an initiative to dismiss a pregnant employee. In other words, at this stage, the manager must make sure that there are no obstacles to the dismissal of the violator of labor discipline.

Dismissal registration

Download order form

According to Art. 84.1 of the Labor Code, the dismissal takes place in the form of an order. At the same time, disciplinary action is also imposed on the employee by order of the employer. But it is not necessary to duplicate orders, it is enough to issue one - on the imposition of a penalty in the form of dismissal and on the termination of the employment contract.

As Rostrud explained in a letter dated 01.06.2011 No. 1493-6-1, dismissal, which is a measure of disciplinary punishment, is formalized by order. The act is drawn up on the basis of the unified form No. T-8, approved. Resolution of the State Statistics Committee of 05.01.2004 No. 1. The column "Grounds" is filled in on the basis of a memorandum, explanatory employee and acts of the employer.

But the publication of 2 orders (on the application of a penalty and on the termination of the contract in the form of T-8) will not be a violation of the law.

After the issuance of the order, the employer under Art. 84.1 TC is obliged to familiarize the worker with it. Since in this case the dismissal occurs as a result of a disciplinary offense and is a penalty, the employer, by virtue of Art. 193 TC, is obliged to familiarize the employee with the order within 3 days from its publication.

An entry is made about the dismissal of an employee in his work book. As stated in Art. 84.1 of the Labor Code, the wording of the grounds for dismissal must comply with the text of the Labor Code.

The calculation and issuance of documents are made on the day of termination of labor legal relations. After the issuance of the order of dismissal, the personnel service draws up a calculation note, which is used to account for the payments due to the employee.

Let's summarize. Dismissal under clause 5 of h. 1 of Art. 81 of the Labor Code is possible when the basis is a violation of labor discipline if the employee has an outstanding disciplinary sanction and does not have a valid reason. Violation of labor discipline can be expressed in absence from the workplace, failure to comply with the conditions of admission to work or refusal to work due to changed labor standards.

Dismissal begins with identifying the grounds for this, which is then verified. After confirming the legality of the dismissal, an order is drawn up. In the last place, the calculation and issuance of documents to the worker are made.

Hello Natalia!

According to article 189 of the Labor Code of the Russian Federation:

Labor discipline - compulsory for all employees to comply with the rules of conduct determined in accordance with this Code, other federal laws, collective bargaining agreements, agreements, local regulations, labor contracts.

According to article 192 of the Labor Code of the Russian Federation:

For the commission of 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) a reprimand;
3) dismissal on appropriate grounds.
Federal laws, statutes and regulations on discipline (part five of Article 189 of this Code) may also provide for other disciplinary sanctions for certain categories of employees.
Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for by paragraphs 5, 6, 9 or 10 of part one of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of part one of Article 81 of this Code. Of the Code in cases where the guilty actions giving grounds for loss of trust, or, accordingly, an immoral misconduct were committed by an employee at the place of work and in connection with the performance of his job duties.
Disciplinary sanctions not provided for by federal laws, statutes and discipline regulations are not allowed.
When imposing a disciplinary sanction, the gravity of the offense committed and the circumstances under which it was committed must be taken into account.

In accordance with article 193 of the Labor Code of the Russian Federation:

Before a disciplinary action is taken, the employer must request a written explanation from the employee. If after two working days the specified explanation is not provided by the employee, then an appropriate act is drawn up.
The employee's failure to provide an explanation is not an obstacle to disciplinary action.
Disciplinary sanction is applied no later than one month from the date of discovery of the offense, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.
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.
Only one disciplinary sanction may be applied for each disciplinary offense.
The employer's order (order) 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 is drawn up.
A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

But fines for non-observance of labor discipline illegal. They, like the withdrawal of the premium, are not provided for by law. Therefore, in order not to pay the bonus on a legal basis, it is necessary to draw up a document (local act on bonuses and depreciation of employees), in which it is necessary to describe the criteria by which employees are awarded or deprived.

With respect, Nadezhda.

Guide to personnel issues. Disciplinary action. Remark, reprimand, dismissal The employer can 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 labor document. Article: Rules of dismissal for repeated failure to perform labor duties (Davydova E.V.) ("Personnel department of a state (municipal) institution", 2015, No. 7) "Human resources department of a state (municipal) institution", 2015, No. 7 Forms of documents.

Application of 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 the local regulations of the employer. A prerequisite is also the fact that the employee familiarizes himself with such instructions or local acts (the employee's signature on acquaintance). That is, if an employee works with the company's Clients, and his actions led to the loss of the Client, the responsibilities for working with Clients should be included in his immediate responsibilities, enshrined in the employment contract and / or job description. For committing a disciplinary offense, i.e.

Job duties of an employee and punishment for their failure

This regulatory document defines the required qualification level, as well as a number of professional responsibilities. Job descriptions are drawn up for the following professions: accountant, sales manager, VET engineer, storekeeper, cashier, sales assistant, clerk, auxiliary worker, mechanic, computer operator, criminal investigation officer, timekeeper, nurse, castellan, nurse, economist, methodologist, cleaner, security guard, lawyer, social educator, kindergarten teacher, 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 advisor, 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 overlap 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 availability of professional education.

Punishment for Failure to Perform Official Duties

Federal laws, statutes 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.e. for a culpable failure to perform or improper performance by an employee of his job duties, three types of penalties can be applied to him (Article 192 of the Labor Code of the Russian Federation): Federal laws, statutes and discipline provisions in force for certain categories of employees (for example, for state and municipal employees, employees Customs and Prosecutor's Office), other disciplinary sanctions may also be envisaged (part of the Search for Laws by Alternative Names and Review of Russian Legislation 1.

Improper performance of labor duties

5 tbsp. 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 has no 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 brought to administrative responsibility under Art. 5.27 of the Administrative Code of the Russian Federation for violation of labor legislation. So, in the Determination of the St. Petersburg City Court of 10.11.2009 N 14566 it is indicated that a disciplinary sanction in the form of a severe reprimand was illegally applied to the employee, since such a penalty 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 , charters and regulations on discipline establish other types of penalties.

The penalties listed in Art.

The Labor Code (Art. 192) stipulates the employer's right to attract employees who do not perform their labor duties to

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

It is also necessary to refer to the act in which the obligation unfulfilled by the employee is fixed, and the description of the violation (time, place, circumstances, supporting documents).

Next steps

More necessary actions:

• Acquaintance of the employee with the order against signature.
• Entry into the work book for repeated failure to perform labor duties.
• Issuance of documents and calculations to the employee.

Allowed payments

The fact that the dismissal took place under the article does not in itself affect the size and calculation procedure.

An exception can only be the case when, as a result of the employee's failure to fulfill his labor duties, the employer has 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.

As a 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 of 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 the one who has already failed to cope with the work once, not everyone wants to take to his staff.

Employer's liability for unlawful dismissal

If the rules for registration of misconduct committed by the employee are violated, dismissal for repeated violations of labor functions can be considered illegal.

After all, if they are dismissed for repeated violations, and the previous penalty was imposed in violation of the law, then it must be removed and the grounds for dismissal disappear.

If an employee is punished for refusing to perform actions that were not included in the scope 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 need to pay him the wages not received (lost) from the moment of dismissal. That is, the employer will pay a ruble for the violations committed.

Dispute Resolution in Court: Case Studies

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

The reason for making such a decision was that the scope of the employee's job duties was not clearly defined in the employment contract, and his familiarization with 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 unlawful.

The Kirovsky District Court found the employee's dismissal unlawful under Clause 5, Part 1, 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 by e-mail.

Subsequently, 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 reinstated her in her position on the basis of the revealed violations of the execution of the order.

The main types of penalties that can be applied to all categories of employees (wherever they work) are enshrined in Art. 192 of the Labor Code of the Russian Federation. These include:

• comment,
• rebuke,
• dismissal.

In most cases, the employer has the right to decide for himself what kind of punishment to choose for the employee; the only exception is dismissal, since there are certain restrictions on the part of the law. An employee can be dismissed only for certain offenses directly listed in the law; but to reprimand an employee or make a remark is a question, the solution of which is only in the competence of the employer. He may even replace dismissal with a reprimand if he wants to give the employee another chance.

Reprimanding rules

If the employer wants to reprimand the employee for not fulfilling his job duties, then he must adhere to the following algorithm of actions:

1. Record the fact of non-fulfillment of official duties. For example, draw up an act stating that at a certain period the employee was absent from the workplace, or ask several colleagues to confirm the absence of the employee in writing.
2. Request written explanations from the employee himself. If he does not submit them, an appropriate act will need to be drawn up.
3. Issue an order to issue a reprimand and familiarize the offender with it under signature. If the employee refuses to sign it, you will also need to draw up an appropriate act.

For example, A. A. Ivanov for the first time violated the rules of the labor schedule, being absent from the workplace for 3 hours. Such a violation in labor law falls under the category of employee failure to fulfill his job duties. You cannot be fired for this, so the director decided to reprimand the employee, issuing it with the following order:

LLC "Start"

ORDER

on imposing a disciplinary sanction on an employee in the form of a reprimand

Due to the absence of A.A. Ivanov, who holds the position of manager in LLC "Start", at the workplace on May 20, 2018 from 9 am to 12 pm,

I ORDER

• to reprimand A. Ivanov;
• familiarize A.A. Ivanov with this order within 3 days under signature.

Base:

General Director A.G. Avramenko

The employee is familiar with the order (Ivanov A. A)

«___» __________ 2018

Consequences of receiving a reprimand for an employee

The presence of a reprimand may serve as a basis for deprivation of the premium, although here it is necessary to take into account the Regulation on bonuses, if such is the case in the company. However, they cannot cut the salary of an employee who has received a reprimand, as this is contrary to the essence of the disciplinary sanction and the law.

The reprimand is valid for a year, after which the employee is considered not to have a disciplinary penalty, although the employer, if desired, can remove the penalty earlier by issuing this action in a separate order. Repeated non-fulfillment by an employee of his official duties in the presence of a valid reprimand may become the basis for the application of a more severe type of penalty - dismissal.

Thus, announcing a reprimand to an employee is the exercise of the employer's right to punish him for failure to perform his job duties. To apply this disciplinary sanction, you must adhere to the procedure established in the Labor Code of the Russian Federation, since otherwise the employee will have reasons to challenge its legality. At the same time, the employer must remember that he has only a month from the day the offense was discovered to announce the reprimand.