Time limit for bringing disciplinary liability to an employee

About what period of attraction to disciplinary liability applicable for any violation of order, says the Labor Code of our country. The most relevant aspects of legislation related to this issue were established back in 2006, and since then no significant changes have been made. At the same time, practice shows that calculating the period for bringing disciplinary action under the Labor Code of the Russian Federation raises doubts and difficulties for many. The situation in some cases becomes so complicated that the conflict moves into the courts, where the possibility of applicability of a particular norm is decided disciplinary action.

Features of the question

Most often, difficulties arise with an employer whose employee has committed an offense. It is not always clear how long the deadline for bringing to disciplinary liability under the Labor Code is, how much time an entrepreneur has to punish an employee, and how this can be done. Not everyone knows whether it is necessary to demand an explanatory statement from an employee if it was decided to apply exacting measures.

The law stipulates some specific requirements that apply to the paperwork accompanying the imposition of punishment and compliance with the deadline for bringing an employee to disciplinary liability. If you turn to a judge in a situation where the case was filed incorrectly, you can hardly count on the outcome of the hearing in your favor, so it is important to treat all aspects responsibly and file everything according to the rules.

Basic rules

Currently, the features and terms of bringing to disciplinary liability are determined by articles of the Labor Code under numbers 192, 193. It is here that it is stated that failure to fulfill the obligations assigned to the employee or fulfillment poor quality may be grounds for a penalty. An important caveat is the need to prove that the guilt for the misconduct lies with the employee himself. To punish a person, it is necessary not only to comply with the deadline for bringing disciplinary action, but also to resort only to measures permitted by law. These include a reprimand, reprimand, dismissal, if there are grounds for this that comply with the standards of current laws.

Special case

What to do if the employer is interested in the time frame for bringing military personnel to disciplinary liability? For certain special categories citizens, specific laws have been introduced regulating the specifics of interaction with them. In addition to the military, this applies to police officers, people holding positions in government agencies, as well as employees legal organizations. The specifics of penalties and the establishment of deadlines for bringing to disciplinary liability were entrusted to specialized federal laws. Also playing a role are the charters of organizations and disciplinary regulations adopted in a particular place and applying to strictly defined categories of workers.

Currently, it is unacceptable to choose a period for bringing a police officer to disciplinary liability that is not specified in the Labor Code or other legal regulations, but was only introduced on the initiative of, for example, the immediate superior. Compliance with legal norms and guidelines must come first.

Features and Limitations

It is important not only to comply with the deadline for bringing to disciplinary liability, but also a number of specific points specified in the laws. In particular, if one deviation from the rules is identified, the guilty person can be punished for it once. Repeated imposition of penalties for the same offense is unacceptable. When choosing a punishment, the head of the enterprise must pay special attention to how serious the offense was committed, as well as the circumstances that forced the employee to act in this way. In practice, there are many cases where, after a detailed examination of the particulars of the case, it was decided to completely abandon prosecution.

When observing the deadlines for bringing a lawyer to disciplinary liability, you need to remember that the employee (however, this is true for any area where the employee works) can send a request to appeal. The application is written to the government agency responsible for labor protection. You can contact those authorities that individually deal with labor conflicts.

Following the regulations

Current legislation establishes that the statute of limitations for bringing to disciplinary liability is one month. The countdown begins from the day when the fact of committing an offense was revealed. If the employee was sick or on vacation, this time period is not taken into account. You also need to subtract the time it takes representative body workers to make an informed decision on a conflict situation.

Certain restrictions are also imposed on the situation when the commission of an act contrary to the rules was discovered too late. According to the law, the statute of limitations for bringing to disciplinary liability is six months from the moment the event occurred. At the same time, special requirements apply to situations where a violation of the rules was discovered during a large-scale audit, inventory or during research economic activity auditors. In this case, the period for bringing disciplinary action government workers is two years from the moment the event occurred. The period required for criminal proceedings, if necessary, is not taken into account when calculating the final day on which the statutory period expires.

Features of calculating deadlines

As established in the Supreme Court resolution issued in 2004, the period for bringing civil servants and employees of private companies to disciplinary liability begins on the day when the fact of committing an offense was revealed. From this moment the month begins to count down. At the same time, information about the commission of a contradictory established rules the act must officially reach the immediate superior, to whom the offending employee is subordinate. Even if such an official, due to the nature of his employment, does not have the ability to impose disciplinary sanctions, the countdown of the time period starts at this very moment.

At the same time, the resolution contains a clarification regarding the impossibility of taking into account in this month the periods that the employee spent on sick leave. But absence for other reasons (for example, time off) does not need to be taken into account. There is no need for a special approach to calculating deadlines in a situation where an employee works on a rotational basis.

What about vacation?

As stated in the documentation issued by the Supreme Court, if an employee is on paid leave granted to him by the employer on grounds that fully comply with the current law, such a time period interrupts the month-long period provided for issuing a penalty based on the discovered fact of violation of discipline. Also, the interval is interrupted if the employee is on another vacation entitled to him according to our laws. This includes vacations associated with studying at a specialized institution, as well as temporary periods that the employer provides to the employee without retaining his salary for this time. If the employee received additional leave, the monthly period is extended by this time period.

Features of question design

If a disciplinary offense has been identified, it must be immediately recorded officially in writing. Usually, an act of the established form is formed within the organization, under which several employees of the company sign at once. Sometimes it is additionally necessary to prepare a report or memo and send it to the head of the enterprise in order to inform him of the fact that has occurred.

All documentation, as soon as it is ready, is sent to the chief manager of the company for resolution. The month begins to count from the moment the manager gained access to the documentation. He has the right to choose and apply a penalty within a specified period, taking into account the specifics of the situation.

Inspections and penalties

Quite often, the fact of violation of discipline is revealed by a large-scale audit carried out at the enterprise. In some cases this is an internal check, but practice shows that more often it is initiated external structures. These may be those with appropriate authority government bodies, responsible for supervision and control. If the audit reveals the fact of a violation by some employee of the company, then the period begins to count from the moment when the company received an act registering all the results of the event.

But if a violation of the rules was discovered during an internal audit, then they act in a slightly different way. It is customary to begin counting the month period from the moment when the report on the results of the inspection was drawn up, which officially documented the results obtained. It does not matter on what day the documentation was received for consideration by the head of the organization, since the key date is considered to be the date of acquaintance with the immediate superior of the employee who committed the offense. This point often causes some controversy, but numerous court cases in which the object of the proceedings was precisely this completely confirm the correctness of the interpretation of the Supreme Court ruling in the manner described.

Important points

Often, the inspection is organized in such a way that to record each individual violation of discipline within the enterprise, an internal document is issued, an act that is signed by the organization’s employees. You can also create an action certificate. The date from which the monthly countdown begins is the day on which the documentation was received directly by the manager of the employee who committed the violation of the rules.

Numerous examples of this approach to calculating deadlines are known from judicial practice our country, and in the most different regions powers.

I'm not guilty!

The legislation establishes that before imposing punishment, if a violation of discipline is discovered, the employee must first be required to write an explanatory note, and only after that any disciplinary measures must be applied. The employee writes such a document in writing, it is registered according to the rules of internal document flow. If an employee refuses to provide an explanation, this cannot be an obstacle to applying a penalty. The employee has two days to formulate in writing explanations. If during this period no documentation was sent to the manager, the employees of the enterprise sign an act confirming this fact.

If an employee refuses to write an explanatory note, the fact of waiting two days still remains mandatory by law - the requirement is specified in the regulations of our country. If the employer refuses to maintain this time period and tries to apply penalties to the employee earlier deadline, the very fact of imposing a penalty becomes illegal, and the employee has full grounds for filing an appeal to a special authority to protect the interests of workers.

Deadlines are running out!

Two days, which are prescribed by law, is the period during which an employee can formulate an explanation for the offense committed and convey circumstances that can to some extent improve his situation. Everyone has the right to refuse to provide an explanatory note, but at the same time, you can change your decision within these two days. In some cases, the result of the penalty may even be the dismissal of the employee. If an employee has provided a written explanation of the reasons for the violation of the rules, this does not negate the possibility of applying the most severe form of punishment to him, that is, dismissal. At the same time, refusal to provide it does not become a reason for tougher punishment. It is important to remember that violation of discipline and the penalties imposed for it must be reasonably related to each other.

Do everything according to the rules

When an employer has requested an explanation from an employee regarding a discovered violation of discipline, it is necessary to prepare a draft order. After two days are given to the employee to think, he can sign the official document. The signature is affixed by the person to whom present moment vested with the powers of the head of the organization. In the order in mandatory all the reasons that prompted the corresponding decision are spelled out in detail.

An order is issued only if the fact of violation of discipline can be confirmed. The basis for the document may be references to documentation, during the study of which errors were discovered that caused the imposition of a penalty.

General information

Current legislation allows the manager to issue orders on internal labor regulations and acceptable behavior. Violations may result in prosecution.

At the same time, in the Labor Code of the Russian Federation, federal legislation adopted collective agreement and other documents contain requirements obliging the employer to create working conditions that allow the subordinate to adhere to the established routine.

What is disciplinary responsibility

Current regulatory framework defines labor discipline as rules of conduct enshrined in regulations that every employee must strictly follow.

The main local act of the institution is the Internal Labor Regulations. The document describes and states the rights, duties and responsibilities of the parties, as well as incentives and penalties applied to the employee. Individual institutions (for example, railway services) may develop their own charters and regulations on discipline and types of punishment for non-compliance.

Its types

Labor legislation states that:

• general;
• special.

Violation of the routine established at the enterprise can result in a reprimand, reprimand or reprimand for a subordinate (Article 192 of the Labor Code of the Russian Federation). When choosing a punishment, the employer is guided by the severity of the offense, accompanying circumstances, and previous attitude towards his job responsibilities.

Determining a specific disciplinary sanction is the right of each employer. At the same time, he cannot choose another measure that is not enshrined in federal legislation, charter or regulations on discipline.

Subjects and objects

• Subject disciplinary liability can only be individual associated with the head of the institution through a relationship of subordination. The concept requires the presence of a labor or service process, so we can conclude that a subject is a person participating in the administrative team. But there are also exceptions. Thus, a student living in a dormitory provided by educational institution. To her and even.
• Object A disciplinary offense should be considered what the violator encroaches on - internal labor discipline, property of the institution, etc.). The objective side usually includes any action (inaction) that is contrary to the law, the harm that has occurred, as well as their connection.

Bringing disciplinary action to an employee

The optimal punishment is chosen by the boss based on the severity of the offense and their number. To protect himself, every citizen entering into an employment relationship must carefully study the list of responsibilities enshrined in it.

In Art. 21 of the Labor Code of the Russian Federation establishes general labor rules, mandatory and uniform for all employees. This ensures compliance with the internal rules of the organization, labor protection and safety requirements, as well as compliance with the standards established for each specific position.

To the very common reasons The onset of disciplinary liability may include: , (alcohol or drug abuse) and ignoring the orders of superiors, if this is stipulated in the employment agreement. Many enterprise managers use this provision as leverage over subordinates who organized a strike.

Of course, empty workplace and the absence of supporting papers can be regarded as absenteeism. But, participation in a strike, in accordance with Art. 414 of the Labor Code of the Russian Federation is not recognized as a violation of labor regulations. Therefore, this event cannot be used as a basis for bringing the employee to disciplinary liability.

Reasons

The onset of disciplinary liability must be preceded by the commission of an offense. Art. 192 of the Labor Code of the Russian Federation classifies as violations the failure or improper performance by an employee of the duties assigned to him in accordance with the employment agreement and job description.

Order step by step

It all starts with receiving an explanatory note from the employee. If the subordinate refuses, then the responsible official draws up the appropriate internal act within 2 working days.

To bring an employee to disciplinary liability, you should be guided by the norms of the current labor legislation. There is no need to conduct additional internal checks.

In accordance with Part 5 of Art. 193 of the Labor Code of the Russian Federation, the number of penalties applied cannot exceed the number of disciplinary offenses committed. Following the discovery of a violation, publication follows. The penalty chosen by the manager is also indicated here. The subordinate must familiarize himself with the document within 3 working days from the date of its publication, with the exception of the period of absence from work due to legal basis( , ). The refusal must be recorded in an appropriate act.

Deadlines

The period for applying disciplinary punishment is limited to 1 month from the date of discovery of the offense. Time of official absence from work is excluded. Only a manager with the appropriate right can issue an order to impose disciplinary liability.

• The imposition of a disciplinary sanction should be preceded by no more than 6 months, and if the offense was discovered as a result of the work of an audit or audit commission, then no more than 2 years should pass between the date of commission and the moment of discovery.
• The legislation provides for early cancellation of punishment in connection with the desire of the manager, the request of a subordinate, a written petition from the immediate superior or a body representing the interests of employees.

Types of punishments

You can familiarize yourself with the standards of conduct that must be observed in a particular organization during your imprisonment. labor agreement. The main types of offenses include:

• , especially systematic;
• appearing at the workplace in a state that does not comply with current legislation and internal local regulations;
• failure to comply with dress code rules (if any apply in the institution);
• refusal to undergo mandatory medical examination;
• leaving work without the knowledge or permission of superiors;
• causing material damage to the organization (damage to property, etc.).

A disciplinary offense committed allows one of following types punishments:

• comment;
• rebuke;
• dismissal.

Each offense can be punished with only one penalty, and it is not necessary to use an increasing order. For example, one serious non-compliance with the law or internal rules is enough for the manager to make a decision to terminate the employment relationship.

What violations can result in disciplinary action? The video below will tell you about it:

Disciplinary responsibility is a special type of legal liability, its application is always associated with the performance of labor or official duties. A feature of disciplinary liability is the application of penalties that constitute its content, as a rule, by the subject of labor relations, namely the employer. In this connection, disciplinary liability is one of the manifestations of the employer’s power in relation to the employee who has entered into an employment contract with him.

Disciplinary liability consists of the application by an authorized representative of the employer to an employee who has committed a disciplinary offense of disciplinary sanctions established by law. Bringing disciplinary action against an employee who has committed a disciplinary offense is the right of an authorized representative of the employer. Whereas an employee who has committed a disciplinary offense is obliged to suffer the adverse consequences established by law. Consequently, the authorized representative of the employer has the right to release the employee from the obligation to suffer adverse consequences in connection with the disciplinary offense committed by him. In this case, the employee’s position improves compared to the law. Therefore, such an exemption should be recognized as meeting the requirements of labor legislation.

Thus, disciplinary liability can be defined as one of the types of legal liability, which consists in the right of an authorized representative of the employer to apply to an employee who has committed a disciplinary offense the disciplinary measures provided for by law and in the corresponding obligations of the employee who has committed a disciplinary offense, corresponding to this right, to undergo the established in the legislation has unfavorable consequences.

There are two types of disciplinary liability for employees. Firstly, the general disciplinary liability of employees. General disciplinary liability applies to all employees without exception. General disciplinary liability occurs according to the rules established in the Labor Code of the Russian Federation. The application of general disciplinary liability does not require proof of additional or special legally significant circumstances. In this connection, it is recognized as general disciplinary liability.

Secondly, we can distinguish special disciplinary liability of employees, which exists along with general disciplinary liability. In this case, special disciplinary liability is applied only in cases where general disciplinary liability cannot be applied. Disciplinary liability is introduced by special legislation, in particular by statutes and regulations on employee discipline. The application of disciplinary liability is always associated with proof of additional, that is, special, legally significant circumstances. There are several types of legally significant circumstances that must be proven when applying special disciplinary liability.

The first type of special legally significant circumstances that must be proven when applying special disciplinary liability is the assignment of an employee to special subjects who are subject to disciplinary liability according to special rules. For example, prosecutors and judges are subject to disciplinary liability according to special rules. At the same time, the general rules on disciplinary liability are applicable to them to the extent that they do not contradict the special legislation on bringing to responsibility of this type.

Secondly, as a type of special legally significant circumstances that must be proven when applying special disciplinary liability, we can highlight the performance by an employee of special labor duties directly related to the life and health of people. Such duties include performing work directly related to the movement of railway transport.

Thirdly, a circumstance, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, is the presence of a special circle of persons or bodies vested with the right to impose disciplinary liability. For example, judges are subject to disciplinary liability by qualification boards upon the recommendation of the chairman of the relevant court. The President of the Russian Federation may bring heads of federal executive bodies to disciplinary liability.

Fourthly, a special type of circumstances, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, is the presence of additional, that is, special, disciplinary sanctions applied to employees. For example, a special disciplinary sanction is deprivation of the driver's right to drive a locomotive for a period of three months to one year with transfer with his consent to another job, release from a position related to the operational work of railways, with the provision of another work.

Fifthly, the circumstances, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, should recognize the existence of additional opportunities for appealing disciplinary sanctions. In particular, in addition to the judicial one, there may be an extrajudicial procedure for appealing disciplinary sanctions, for example, to a higher authority or to a higher official. For example, the decision of the regional qualification board of judges on the application of special disciplinary liability can be appealed to the High Qualification Board of Judges of the Russian Federation, and then in court. Employees of government organizations can appeal a disciplinary sanction to a higher official.

Proof of each type of circumstances considered allows us to draw a conclusion about the application of special disciplinary liability to the employee. At the same time, when applying special disciplinary liability, circumstances that are included in various types can be proven. For example, judges are classified as special subjects of disciplinary liability and appeal against special disciplinary liability in a special manner. Although proof of one type of circumstance allows us to draw a conclusion about the application of special disciplinary liability.

Thus, general disciplinary liability differs from special liability in terms of proof of one or more types of circumstances considered. Proof of each of them may become the basis for recognizing special disciplinary liability. However, according to general rule General disciplinary liability is applied along with special. In this connection, special disciplinary liability is applied only in cases where there are no grounds for applying general disciplinary liability.

procedure for bringing to disciplinary liability

The main responsibilities of the employee are submission to the rules of conduct enshrined in the Labor Code of the Russian Federation, other laws, collective agreements, employment contracts, internal labor regulations, other local acts and conscientious performance of functional duties in accordance with the job description. Accordingly, failure to fulfill or improper performance of these duties serves as grounds for bringing the employee to disciplinary liability.

An employer can bring an employee to disciplinary liability only if he has created appropriate conditions for the employee to comply with labor discipline.

Thus, a prerequisite for disciplinary liability is the presence of the employee’s guilt. Consequently, it is impossible to raise the question of bringing to disciplinary liability an employee who refused to perform work in the event of a danger to his life and health due to violation of labor protection requirements; or from performing heavy work and work with harmful and dangerous working conditions not provided for by the employment contract; or refused to terminate his vacation early at the request of the employer.

To protect the employee, the law established a clear procedure for bringing to disciplinary liability and a closed list of types of disciplinary sanctions.

Before applying disciplinary action, the employer must obtain a written explanation from the employee. If the employee refuses to write, an act is drawn up in any form. Refusal to provide an explanation is not an obstacle to applying disciplinary action.

An order to impose a disciplinary sanction is issued signed by the manager. The employee must be familiarized with the order against signature within 3 days from the date of its publication. If the employee refuses to sign the specified order, a corresponding act is drawn up.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct. The specified period begins to run from the day when the person to whom the employee is subordinate for work (service) became aware of the commission of an offense, regardless of whether he was vested with the right to impose disciplinary sanctions. This does not take into account the time the employee is ill, on vacation, or the time required to take into account the opinion of the representative body of employees. The absence of an employee from work for other reasons, including in connection with the use of days off, does not interrupt the specified period. Vacation that interrupts the course of a month should include all vacations provided by the employer in accordance with current legislation, including annual (main and additional) vacations, vacations in connection with training in educational institutions, and vacations without pay.

In addition, disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, financial and economic activity or audit, no later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied. The Labor Code names the following as disciplinary measures:

Comment;

Rebuke;

Dismissal.

Only their employer can apply them to the employee, taking into account the severity of the offense committed, the circumstances under which it was committed, the employee’s previous behavior, and his attitude to work.

The head of an enterprise of any form of ownership has the right to apply disciplinary sanctions to his subordinates. Punishment occurs due to failure to fulfill or gross violation of official duties.

The period for bringing to disciplinary liability is 1 month (from the date of discovery of the fact of misconduct), but no later than six months. If misconduct is revealed as a result of an inspection or audit, the statute of limitations for bringing to disciplinary liability cannot exceed 2 years. The time of criminal proceedings for an offense cannot be counted towards this period.

The period for bringing an employee to disciplinary liability does not include the time during which the employee was sick or on vacation, the period for which the representative body makes a reasoned decision.

New liability for violations of personal data.

Duration of disciplinary action

The manager is prohibited from imposing penalties on the employee that are not provided for Labor Code RF. Reprimand, dismissal, reprimand are possible punishments for misconduct. Other penalties are provided for certain categories of employees. This is reflected in laws, regulations and internal documents of enterprises. The period of disciplinary action will be the same (1 month) regardless of the severity of the offense committed. In this case, the degree of guilt determines the type of punishment chosen by the employer.

It is impossible to impose several disciplinary sanctions for the same offense. If the employee does not agree with the charges, he appeals to the labor inspectorate or court. In this case, it is necessary to meet the statute of limitations for bringing the employee to disciplinary liability.

How to hold an employee accountable?

The algorithm for imposing penalties is enshrined in Art. 193 Labor Code of the Russian Federation. It is very important to strictly comply with all the requirements of the legislator, not to miss the deadlines for bringing to disciplinary liability, and also to correctly document the actions of the manager. In case of violation of the procedure for imposing a penalty, the liability is declared illegal by the court, and the punishment is canceled by a verdict.

How should a manager act in order not to miss the statute of limitations for bringing disciplinary action:

• Demand a written explanation from your employee, where the person explains his misconduct in detail. 2 working days are provided for these clarifications. Please note that if in the future the employee wishes to challenge the imposition of a penalty, the employer undertakes to prove that he required a written explanation. To avoid difficulties, you can send a letter to the employee demanding to explain why, for example, labor discipline was violated (by registered mail, or by hand against signature). Then you will not have to prove that the statute of limitations for bringing you to disciplinary liability has been missed.
• The employee refused written explanations (this is his legal right) - the manager draws up a corresponding act, indicating all the facts of the incident. The act must be signed by several employees. In some cases, an official note (report) is prepared to the address of the head of the enterprise, which reports the fact of the violation committed. The statute of limitations for disciplinary liability can begin to count from the moment the document is received by the manager.
• Violations were identified during an audit, inspection, or audit analysis of business activities - the day of establishing the fact of misconduct/violation must be considered the receipt by the manager of an act from the inspection bodies. The period for bringing an employee to disciplinary liability is 1 month and is counted from the date of delivery of the act.

The situation will be different if the violation is identified during an internal audit. To begin calculating the statute of limitations for disciplinary liability, the immediate supervisor of the person who committed the offense must receive a report. It is from the moment of familiarization with the document and confirmation of the violation committed that the period of 1 month is calculated. And it doesn’t matter when the report was handed over to the boss after an internal audit.

Order to impose a disciplinary sanction

After an explanation in writing is required from the employee, an order is issued to impose disciplinary liability indicating the grounds for punishment. The legislator does not clearly define that the order must indicate the appropriate basis. However, Art. 192 of the Labor Code of the Russian Federation established that disciplinary offense may be considered non-fulfillment or improper performance of duties by the employee. It is recommended that the order make a reference to the document where the violation committed by the employee was recorded/confirmed.

If more than 6 months have passed since the offense, we can assume that the period for bringing disciplinary action has expired.

The corresponding order is announced to the employee (required against signature) no later than 3 days from the date of its publication. If the employee does not want to familiarize himself with it, a refusal act is drawn up.

Time limit for an employee to appeal a disciplinary sanction

From the beginning of the calculation of the period for bringing to disciplinary liability and familiarization with the order, the employee has the right to appeal the employer’s decision. The application is submitted to the following authorities:

• Labor Dispute Commission.
• Labor inspection.

Please note that an employee can appeal the employer’s decision before the expiration of the period for bringing disciplinary liability in the following cases:

• The collection was executed without complying with the requirements of the legislator - in an improper manner.
• The deadlines for bringing to disciplinary liability were violated.
• If the employee was on vacation or sick during this period.
• The employee did not provide written explanations to the employer.
• If the penalty was imposed more than once for the same offense.

The statute of limitations for disciplinary liability (in case of appealing a penalty) for an employee is 3 months. During this period, a person can apply to the labor dispute commission or to labor inspection. If the employee was fired, the appeal period will be 1 month. The relevant authorities are considering the complaint and conducting an investigation personnel work at the enterprise. If it is determined that the penalty was imposed in violation of the law, it is removed, and the person is considered to have no disciplinary sanctions.

Please note that once the period for bringing disciplinary action begins, the employee has the right to go to court.

In order for the court to cancel the penalty, the employee files a claim at the location of the defendant (employer). For example, for reinstatement at work or payment of wages for forced absence, a claim must be filed with district court. The statement provides a link to the order to impose a penalty. The reason for the “punishment” is indicated, and a copy of the order is attached to the claim. The employer has no right not to issue a copy of the order upon a written application from the employee within 3 days.

It is necessary to comply with the statute of limitations for disciplinary liability and bring it to court good reasons for which the employee considers the manager’s decision to be unlawful.

An employee also has the right to file a complaint with the prosecutor’s office if the employer grossly violates his rights. For example, does not pay wages for more than 14 days.

It must be remembered that the punishment for the employee should not contradict current legislation. It is imperative to inform the person about the identified violation and give him the opportunity to explain the reason for such behavior.

Concept of accused businessman on white background

The main duty of an employee is to conscientiously perform the task assigned to him, according to employment contract, work. It happens that it is precisely this duty that an employee avoids or understands its content in his own way. Then the employer has to resort to various methods impact on the performer, including disciplinary liability.

Reasons for bringing to disciplinary liability according to the Labor Code of the Russian Federation

Another thing is violation of labor discipline and internal regulations. Here the Labor Code of the Russian Federation, internal documents of the enterprise and some federal laws will always come to the rescue. Most often, the following offenses are considered gross:

• being late;
• absenteeism;
• being in a state of intoxication at the workplace;
• long absence during the working day, more than 4 hours.

How to properly discipline an employee

Most industrial conflicts and disagreements are resolved by mutual agreement or after an oral conversation “on the carpet.” If words do not settle the matter, you will have to document the situation.

Any violation identified must be recorded on paper. In case of lateness, absenteeism or unauthorized absence, you must draw up a report with the involvement of witnesses.

If an employee is suspected of drunkenness, then no eyewitnesses will help, only a medical report will confirm or refute the doubts. You can invite the offender to undergo examination voluntarily or call ambulance in case of refusal. Be that as it may, until the circumstances are clarified, the employee must be suspended from work to avoid injury or damage.

The situation is more complicated with non-fulfillment or dishonest performance of duties. Here you need to justify your position; you may need to involve specialists in the same field or a lawyer.

The further algorithm of actions is the same for any of the listed options. It is mandatory to request written explanations from the employee. It is quite possible that the reasons justifying his actions or inaction will become clear, then the procedure for imposing disciplinary liability will be terminated or its final wording will be softened. The employee is given two days to provide an explanatory note.

Based on the results of reviewing all documents, taking into account the degree of guilt and the severity of the consequences for the enterprise and the team, the manager decides to apply one of the forms of disciplinary action:

• comment;
• rebuke;
• dismissal “under article”.

Fixed decision made in an order or regulation for an enterprise, the issued document must be delivered to the party subject to disciplinary liability in person against signature. If the addressee refuses to receive the document in hand, then the fact of refusal is recorded in the act with signatures of witnesses.

A common mistake made by employers is dismissal based on a reprimand. Russian labor legislation has an unambiguous opinion on this matter: one offense - one punishment. No matter how great the temptation to get rid of a negligent employee right away, the employer should understand that dismissal is an extreme measure and is permissible only in case of systemic refusal to work or deliberate sabotage.

Who and in what order can bring a lawyer to disciplinary liability?

For certain professions, the procedure for bringing to responsibility is prescribed in specialized laws. Thus, the misconduct of a lawyer, as a self-employed person, is considered by the qualification and disciplinary commission of the bar. The reason for initiating a disciplinary case may be a complaint from any person who has become aware of incriminating facts, or the head of a legal association in which the lawyer is a member.

Can a judge be subject to disciplinary action?

Despite the special status of judges, the law allows them to be subject to disciplinary liability. Such facts are considered by the Qualification Board of Judges. Any citizen, his authorized representative, or official who has information about the guilty actions of a judge during the performance of official duties, violation of judicial ethics or other disciplinary offense can also contact it.

Can a pregnant woman be subject to disciplinary action?

Our legislation treats pregnant women very favorably, protects their health and protects them from possible complications or abuse by superiors. But this in no way means that the expectant mother can neglect her labor responsibilities or ignore labor discipline. If this did happen, then such an employee can be held accountable along with others. The ban exists only on termination of a contract at the initiative of the employer.

How to bring a teacher to disciplinary liability

Additional moral and ethical requirements are imposed by our society and the law on educators. When a written complaint is received against a teacher, the provisions of the Charter are taken into account educational institution. Moreover, the results of a disciplinary investigation may be made public without the consent of the guilty party, and one of the punitive measures may well be a ban on engaging in professional activities.

Deadline for disciplinary action

In general, the governing body must make a decision to impose a disciplinary sanction no later than six months from the date the offense was committed and no later than a month from the date when the violation was or could have been discovered. After the expiration of the one-month period, the question of imposing punishment can no longer be raised.

The army approaches the situation differently: after what period can a serviceman not be brought to disciplinary action? The answer here must be sought in the Charter of Military Service. According to the Decree of the President of the Russian Federation, for this category of citizens the terms have been extended to a year; later it will no longer be possible to punish the offending soldier or officer.

The difficulty of managerial work is to organize very different people to perform very specific tasks, and this cannot be done without punishment. But every manager will feel more comfortable if he is able to approach this issue objectively, and, most importantly, procedurally and documented correctly.