Report on the lifting of a disciplinary sanction. Who writes and what to include in the document. Procedure for lifting a disciplinary sanction

If an employee has committed a certain offense, his employer may apply a penalty in the form of disciplinary action. This type of punishment is often used as a reprimand. It is used in case of absenteeism, appearance at work in drunkenness, improper execution responsibilities, etc.

The manager can choose a more loyal measure - a remark. However, reprimands do not achieve discipline as good as reprimands. In addition, if a repeated reprimand is applied to an employee, the employer has the right to dismiss unscrupulous employee. Valid this right for one year.

After this year, the reprimand is removed. But if the employer makes an early decision, the cancellation will need to be formalized given punishment. This is done using the appropriate order.

Is an order from the employer necessary to lift the disciplinary sanction?

In this context, two situations need to be considered:

• When the one-year period of punishment established by Article 194 of the Labor Code of the Russian Federation has expired.
• When the employer decided to remove the reprimand early.

In the first case, there is no need to write an order. The withdrawal will be performed automatically. In the second case, the decree will need to be issued.

To officially withdraw, you must have a certain basis:

• Decision from the manager in the form of an order for the HR department;
• Petition from immediate supervisor the department in which the offending employee works;
• A petition from the employee with the person’s reasoning as to why the previously made decision should be cancelled.

With the published document it is necessary to mandatory familiarize the employee with it.

How to write an order to remove a disciplinary sanction?

The right to issue this order is in Article 194. Labor Code of the Russian Federation. However, it does not indicate that a special form will be established for this.

After receiving the basis in the form of a statement or petition, you can begin to write the main text. It traditionally indicates the full name of the employee, his position and structural subdivision, in which he is listed. You should also indicate what exactly is the basis for withdrawal. Another key part of the document is the date it was written.

Sample order to lift a disciplinary sanction in the form of a comment

When drawing up a document, the employer can rely on current sample filling. The sample can be used both for a reprimand and for a remark. You just need to write the specific name of the chosen punishment in the appropriate line.

Order to cancel a disciplinary sanction - sample 2018

Although unified form not in the law, but with a sample it will be much easier for the employer to prepare official documentation.

Thus, there is a template for an order to remove a disciplinary sanction and it must be used. First, the employer must decide for himself to remove the reprimand/reprimand, or do so on the basis of a statement from the employee. Both the order document and the application or petition are recorded in the appropriate journals. Next, the employee himself must be familiar with the order. Theoretically, it is possible that an employee can refuse familiarization. In this case, an additional act of familiarization is issued.

Although in practice this situation it is difficult to foresee, because it carries exclusively positive consequences for the employee.

Order to remove the reprimand early

« Petition to lift a disciplinary sanction sample“- a request of this type, although not too often, is still found in Internet search engines. Let's figure out how such a document is written.

What penalties can be waived?

Labor legislation provides for 2 types of penalties that can be imposed on an employee for violation labor discipline, and they were removed: a reprimand and a reprimand. In addition, the law provides for individual categories workers or employees (for example, for employees of the prosecutor's office or customs authorities, military personnel, civil servants) and additional measures: reduction in rank or class rank, severe reprimand, warning, deprivation of honorary badges, etc. These penalties can also be either imposed or removed.

How to remove a charge?

General types of penalties relating to all categories of workers are lifted on their own one year after they were imposed. If, during the period of the penalty, the employee commits a new violation, we may be talking about dismissal. Therefore, he is usually interested in a speedy withdrawal. And the law allows for such a solution - a petition to lift the disciplinary sanction.

The following may apply to have the penalty lifted before the due date:

• the employee himself;
• management of the division, representative office or branch in which he works;
• organ labor collective- trade union or other representative organization of labor self-government, if such operates in an enterprise or organization.

How to write a petition?

The form of the petition is not established by law, so it can be submitted in free form. IN general case A sample request may look like this:

“General Director of LLC “Vasilek” I. I. Ivanov.

By order No. 11 of November 11, 2011, driver Sidorov S.S. was subject to a reprimand for systematically being late for work. Currently, Sidorov S.S. conscientiously fulfills his job responsibilities. Thus, the purpose of recovery has been fully achieved.

In connection with this circumstance, I ask you to issue an order to lift the disciplinary sanction against Sidorov S.S.

Head of the transport department of Vasilek LLC Petrov P.P.”

An organization can punish an employee for misconduct, for example, violation of labor discipline. But over time, it is possible to cancel the punishment early. The basis for this will be a written request interested person. It can be either the employee himself or a representative trade union organization or, for example, the immediate supervisor. At the end of the article you will find a sample petition for early withdrawal disciplinary action.

Who writes and what to include in the document

There is no approved form of the document. It can be drawn up in the form of a memo, statement, or petition.

Written in free form addressed to the head of the organization. The text must contain information about the offense committed, the employee’s merits for the time that has passed since the punishment was applied, as well as a request for it early repayment.

What penalties can be lifted and when?

A request for early repayment does not apply only to dismissal, since this terminates the employment relationship between the employer and employee.

If an employee has several disciplinary offenses, then you can remove sanctions for either one of them or several at once, unless otherwise established by law. For example, disciplinary regulations customs service You can only remove one.

Not provided for by law minimum term which must pass from the moment the punishment is imposed until it is removed.

Procedure for lifting a penalty

1. Prepare a petition.
2. Obtain consent from the head of the organization.
3. Issue an order to remove the disciplinary punishment.
4. Familiarize the employee with the order.

Who initiates early withdrawal

Employee. If he realizes his guilt, he can himself make a proposal to reduce the effect of his punishment, for example, in the following formulation: “I realized my guilt. Complaints about the results of work from outside senior management I haven’t had one since the day of the offense. From now on I undertake not to violate labor discipline. I ask you to cancel the disciplinary sanction ahead of schedule.” If such a document comes from an employee, it is endorsed by the immediate supervisor.

Trade union or other representative body. He sends his arguments in the form of a petition to the head of the organization. You can use the following wording: “During the time that has passed since the imposition of the penalty, Petrov P.P. fully complies with the requirements of labor discipline that are established at the enterprise, and has also proven himself to be an excellent worker; he efficiently fulfills the labor duties assigned to him. Claims against him for Lately not available".

The employee's immediate supervisor. If he considers that the person brought to justice is worthy of repaying the punishment ahead of schedule, then he draws up an appeal addressed to the head of the organization with a request for its early cancellation. In this case, you can use the same text as in the example for the trade union.

Head of the organization. If the initiative to shorten the period of disciplinary action comes from him, then the procedure is simplified. The head of the enterprise, having drawn a conclusion from his own observations, can make a decision orally and bring it to the personnel department to issue an order to repay the penalty. In this case, there is no need to submit any petition.

Many legislative acts behind last years have undergone major changes. They also touched Labor Code, which made many amendments. This allows you to regulate your work and use more standard templates and samples.

Personnel officers are well aware of how to properly prepare documents after a disciplinary sanction has been issued. However, managers and employees have many questions when preparing to cancel a disciplinary order.

There are different types of violations. Exist certain deadlines which should be followed. Constant violations labor discipline lead to new types of punishment, up to. Each document must be properly executed so as not to lead to long-term disputes and litigation.

Basics of labor discipline

Possibilities for lifting disciplinary sanctions

The chosen punishment depends on the reluctance to explain anything and the severity of the act.

The legislation provides for the possibility of lifting a penalty, including early:

• If a year has passed since the penalty was issued and no repeated violations have been recorded, then it is automatically lifted. IN in this case, documentation and issuance of a new order will not be required.
• Removal does not occur after a year if another penalty was issued during this time. The calculation of terms begins from the moment of the offense.
• Early withdrawal will be possible if there is the good will of the employer himself. There should just be no repeat violations. Perhaps there is a question about encouragement and promotion.
• The offender himself, who has made no more mistakes in his work, must draw up a statement with the request.
• The submission will be able to come from the immediate supervisor, which will make it possible to quickly prepare an order. For example, the head of a unit or a person with such authority removes the penalty from a military serviceman.
• The representative body represented by a trade union or a meeting of employees will draw up a petition (minutes of the meeting) for consideration by the employer.

A positive resolution of the issue will lead to the issuance of an order. Eat special sample which should be followed.

How to apply

No comments good faith performance duties and impeccable behavior will be a good argument for early withdrawal. In practice, the petition is usually drawn up by the direct superior, which increases the chances of successful completion of the case.

After all, it is at his suggestion that, as a rule, the employee is subject to disciplinary action:

• in presentation or memo, sent to the manager and the HR department, the reason for the announced remark is explained;
• reasons are given to avoid waiting due date to remove foreclosure early;
• There is no single form of order yet, but it should contain information about the position and surname of the employee, the reasons for early dismissal should be stated, and the number should be indicated.
• the employee will be familiarized with the order and then sign.

The HR officer’s tasks include not only issuing orders, but also keeping records of all penalties imposed. Repeated violations usually result in termination of the contract and dismissal.

Deadlines

Even severe disciplinary action cannot be long-term.

You cannot violate the deadlines specified in the code:

• an oral remark is automatically removed after one month from the moment it was made;
• after documentation the notice will need to wait one year, during which it is valid;
• the employer will be able to remove the penalty early at any time. The basis will be a petition from the manager and representative body, a request from an employee or your own initiative.

There is still no minimum period established to allow initiation of the procedure for early removal of foreclosure. It is carried out based on specific circumstances. If there are two foreclosures, only one can be withdrawn early.

The ban on early withdrawal will only affect persons who do not comply with federal laws related to drug trafficking. Especially in the case of a court verdict.

Example

By following the procedure for lifting a disciplinary sanction, you will be able to short period of time resolve this issue in your favor. This must be done for a number of reasons: promotion, announcement of gratitude, bonuses, early assignment of a title, etc.

The procedure for imposing and lifting a penalty can be considered using the example of truancy:

• absence from the workplace will be recorded in a prepared report (it is drawn up by the boss, in the presence of two witnesses, and other employees often play this role, since they can confirm this fact);
• the name and position of the employee, the terms of absenteeism are indicated (his version is stated, which is not confirmed by any documents);
• the employee is asked to prepare written explanation and sign the paper;
• refusal to state the circumstances in writing will lead to the drawing up of a second act (the fact of refusal will be stated here, with reference to an article of the Labor Code);
• for early withdrawal, a memorandum is prepared addressed to the general director;
• the head of the department indicates the type of disciplinary sanction and the order number (states a request to lift the penalty in connection with efficient work and lack of comments);
• an order for early withdrawal is issued (the basis is a memo and a report on the work done);
• the employee must be familiar with it no later than 3 days from the moment of publication.

All that remains is to put your signature and completely erase the record of disciplinary action from your memory and work book.

A slightly different picture occurs during dismissal, which becomes one of the forms of punishment. There is a violation of the law, since the validity period has its limitations and expires in a year.

On the one hand, the employee will be able to return to work again if a fixed-term contract was concluded employment contract and the place became free again. On the other hand, the manager has no desire to re-hire the employee who has committed misconduct.

The problem is writing to work book, which talks about punishment in the form of dismissal. The employee has every right demand that this entry be changed for dismissal due to at will. Such a change in wording can be made after a year.

If you can return to old place, then the record of dismissal will also be completely deleted from the work book

Controversial issues related to penalties should be considered in state inspection labor. The fact is that this body will be able to petition for early removal of the punishment. But it will not be possible to change or mitigate the penalty imposed. The decision still remains with general director or an authorized person.

The main advantage can be considered the rule according to which, a year after the offense, an employee can consider himself completely free from disciplinary sanctions. Memories of them will remain only in a special accounting book located in the personnel department.

Any repeat violation is extremely undesirable; simultaneous early removal of two penalties is simply impossible.

Voluntary resignation or interruption labor relations due to various circumstances will lead to the end disciplinary liability. Upon admission to new job Disciplinary measures should not be taken into account by the employer. But it’s best not to go to extremes and try to correct the mistake you made with difficulty.

In particular controversial situations the case will be considered in court. You need to competently draw up an application and collect documents confirming your case.