Take disciplinary action. Disciplinary measures and the procedure for their application

Labor legislation provides for the following disciplinary sanctions: reprimand, reprimand, dismissal due to relevant grounds(Article 192 of the Labor Code of the Russian Federation). The list of disciplinary sanctions is exhaustive, therefore the internal rules labor regulations No other disciplinary measures may be prescribed. Legislation on special disciplinary liability, as well as charters and regulations on discipline may be provided for individual categories employees and other disciplinary sanctions. The adoption of normative legal acts regulating the types of disciplinary sanctions and the procedure for their application is the responsibility of federal bodies state power(Article 6 of the Labor Code of the Russian Federation). In this regard, the application of penalties not provided for by federal labor legislation is not permitted.

The procedure for applying disciplinary sanctions established by Art. 193 of the Labor Code of the Russian Federation, mandatory for all employers.

The right to impose a disciplinary sanction on an employee belongs to the employer. The head of the organization can speak on his behalf. Other persons have this opportunity if this is provided for in the organization’s charter or they are specifically authorized by the employer. Disciplinary sanctions in the form of dismissal can be imposed only by those persons who have been granted the right to hire and fire.

Before use disciplinary action the employer must require an explanation from the employee writing. If the employee refuses to give an explanation, a corresponding report is drawn up. The employee’s refusal to provide an explanation does not exempt the perpetrator from disciplinary action. When imposing a disciplinary sanction, the employer is obliged to take into account the severity of the offense committed, previous work, the behavior of the employee, and the circumstances under which the offense was committed. It is not necessary to apply penalties in the sequence in which they are located in Art. 192 Labor Code of the Russian Federation.

The law allows for the application of disciplinary sanctions such as dismissal on appropriate grounds. The Labor Code of the Russian Federation, unlike the Labor Code, does not list these grounds; this is seen as its disadvantage, because this gap can cause difficulties in law enforcement practice. Plenum Supreme Court RF dated March 17, 2004 “On the application by courts Russian Federation Labor Code Russian Federation" explained that the dismissal of employees on the grounds provided for in clauses 5-10 of Article 81 of the Labor Code of the Russian Federation is a disciplinary measure. Therefore, dismissal for repeated failure to comply without good reasons labor responsibilities; for a one-time fee gross violation employee of work duties; for committing guilty actions that give rise to loss of trust; for committing immoral offense; for accepting unjustified decision the head of the organization, his deputies and the chief accountant, which entailed a violation of security, misuse or other damage to the organization’s property; for a single gross violation by the head of an organization (branch, representative office) or his deputies of their labor duties, it is possible in compliance with all the rules for applying disciplinary sanctions.

When bringing disciplinary action against an employee, the employer must comply with the deadlines for applying disciplinary action. It is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on leave (annual, educational), as well as the time necessary to take into account the opinion of the representative body of employees. Absence from work for other reasons, including the use of time off, is not taken into account. The day when the misconduct was discovered is considered the day when the person to whom the employee is subordinate in service became aware of the commission of the misconduct, regardless of whether this person has the right to impose disciplinary sanctions. If the employer applies a disciplinary sanction in the form of dismissal under sub. "d" clause 6 of Art. 81 Labor Code of the Russian Federation month period calculated from the date of entry into legal force a court verdict that established the employee’s guilt in committing theft of someone else’s property at the place of work or a resolution of the body authorized to apply administrative penalties.

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

The employer has the right to apply a disciplinary sanction to the employee even if, before committing a disciplinary offense, he submitted an application for dismissal due to at will, because the labor Relations terminate only upon expiration of the notice period for dismissal.

For every disciplinary offense Only one disciplinary sanction may be applied. This rule does not apply to cases of ongoing disciplinary offenses, when, despite the imposed penalty, the employee continues to violate labor discipline. In this case, it is permissible to apply a new disciplinary sanction to the employee, including dismissal. Measures should be distinguished from disciplinary sanctions legal impact on the part of the employer, such as refusal to provide discounted voucher to a rest home, deprivation of bonus.

A disciplinary sanction is imposed by an order (instruction), which is communicated to the employee against signature within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee in state inspection labor or review bodies labor disputes(commission on labor disputes, court). An employee can appeal to the labor dispute commission in three month period from the day when you learned or should have learned about a violation of your right (Article 386 of the Labor Code of the Russian Federation). To resolve an individual labor dispute, an employee has the right to go to court within three months from the day he learned or should have learned about a violation of his rights, and in disputes about dismissal - within one month from the date he was given a copy of the dismissal order or the day of issue of the work book (Article 392 of the Labor Code of the Russian Federation). For example, the three-month period for appealing a disciplinary sanction imposed on February 7, 2002 expires on May 8, 2002, it begins to be calculated on the day following the imposition of the disciplinary sanction, i.e. from February 8, 2002, and expires in exactly three months, i.e. May 8, 2002

When applying a disciplinary sanction to an employee, the employer must comply with general principles legal, and therefore disciplinary responsibility, such as justice, equality, proportionality, legality, guilt, humanism. Therefore, the Plenum of the Supreme Court of the Russian Federation in its resolution of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” made a reasonable conclusion that when considering cases of challenging a disciplinary sanction or reinstatement at work, the employer must provide evidence indicating not only commission of a disciplinary offense by an employee, but also that when imposing a penalty, the severity of this offense, the circumstances under which it was committed, the preceding behavior of the employee and his attitude to work were taken into account. If, when considering a case for reinstatement at work, the court comes to the conclusion that misconduct actually occurred, but the dismissal was made without taking into account the above circumstances, the claim may be satisfied. However, in in this case the court does not have the right to replace dismissal with another sanction, since in accordance with Art. 192 of the Labor Code of the Russian Federation, imposing a disciplinary sanction on an employee is the responsibility of the employer.

Disciplinary measures are directly enshrined in labor legislation, as well as the procedure for their application. They are the same for all industries and are mandatory. Enterprises, institutions, and organizations themselves cannot change or supplement them. The internal labor regulations cannot provide for disciplinary measures other than those provided for in Art. 192 of the Labor Code, and a different procedure for their application cannot be established than that established by Art. 193 TK.
Disciplinary measures are reprimand, reprimand, dismissal (clauses 5, 6 for all its subparagraphs, clause 10 of Article 81 of the Labor Code). Legislation on special disciplinary liability and charters and regulations on discipline may provide for other disciplinary measures (for example, removal to a lower position of a civil servant). Penalties not provided for by federal labor legislation are not permitted.
The procedure for imposing and the duration of a disciplinary sanction is established by law (Article 193 of the Labor Code). When imposing a disciplinary sanction, the administration is obliged to take into account the severity of the offense committed, the circumstances under which it was committed, the employee’s previous work and behavior. Before applying a disciplinary sanction, the employee must be required to written explanation, which sometimes indicates the absence of a disciplinary offense (absenteeism, tardiness, etc.). If the employee refuses to give a written explanation, a report is drawn up. Such refusal is not an obstacle to imposing a disciplinary sanction. Disciplinary action is applied for directly discovered misconduct, but no later than one month from the date of its discovery, not counting the time the employee is ill or on vacation, as well as the time required to take into account the opinion of the representative body of employees (trade union committee). Absence from work for other reasons, including time off, is not taken into account. For a vacation that interrupts the month specified period, include all types of leaves, including educational, social, etc. Disciplinary sanctions cannot be applied later than 6 months from the date of the offense, and based on the results of an audit or audit of financial and economic activities (audit) - no later than 2 years from the date its completion. These time limits do not include the time of criminal proceedings.
A disciplinary sanction is imposed by an order, which is communicated to the employee against signature within three days from the date of its publication. If the employee refuses to sign it, a corresponding act is drawn up. It is valid for a year, and then automatically loses its power. The penalty can be lifted ahead of schedule at the initiative of the employee’s administration or trade union committee. During the period of disciplinary action, incentive measures should not be applied to the employee.
An employee can appeal a disciplinary sanction to the State Labor Inspectorate or bodies for the consideration of individual labor disputes.
For some categories of employees it is established that they cannot be subject to disciplinary action without preliminary request opinions of the relevant body: members trade union committees- without the opinion of the body of which they are members, the heads of trade union committees - without higher authority trade union.
Another innovation is the indication in Art. 195 of the Labor Code that the employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization and his deputies labor legislation, terms of agreements, collective agreement and report the results of the review representative body workers.
If the facts of such violations are confirmed, the employer must be applied to the manager organization, his deputies are subject to disciplinary action up to and including dismissal. Let's hope that our trade unions will begin to actively apply this norm.

Labor legislation provides for the following disciplinary sanctions: reprimand, reprimand, dismissal on appropriate grounds (Article 192 of the Labor Code of the Russian Federation). The list of disciplinary sanctions is exhaustive, therefore, other disciplinary measures cannot be prescribed in the internal labor regulations. Legislation on special disciplinary liability, as well as charters and regulations on discipline, may provide for other disciplinary sanctions for certain categories of employees. The adoption of normative legal acts regulating the types of disciplinary sanctions and the procedure for their application is the responsibility of federal government bodies (Article 6 of the Labor Code of the Russian Federation). In this regard, the application of penalties not provided for by federal labor legislation is not permitted.

The procedure for applying disciplinary sanctions established by Art. 193 of the Labor Code of the Russian Federation, mandatory for all employers.

The right to impose a disciplinary sanction on an employee belongs to the employer. The head of the organization can speak on his behalf. Other persons have this opportunity if this is provided for in the organization’s charter or they are specifically authorized by the employer. Disciplinary sanctions in the form of dismissal can be imposed only by those persons who have been granted the right to hire and fire.

Before imposing disciplinary action, the employer must request a written explanation from the employee. If the employee refuses to give an explanation, a corresponding report is drawn up. The employee’s refusal to provide an explanation does not exempt the perpetrator from disciplinary action. When imposing a disciplinary sanction, the employer is obliged to take into account the severity of the offense committed, previous work, the behavior of the employee, and the circumstances under which the offense was committed. It is not necessary to apply penalties in the sequence in which they are located in Art. 192 Labor Code of the Russian Federation.

The law allows for the application of disciplinary sanctions such as dismissal on appropriate grounds. The Labor Code of the Russian Federation, unlike the Labor Code, does not list these grounds; This seems to be its disadvantage, because this gap can cause difficulties in law enforcement practice. The Plenum of the Supreme Court of the Russian Federation of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” explained that the dismissal of employees on the grounds provided for in paragraphs 5-10 of Art. 81 of the Labor Code of the Russian Federation, is a disciplinary measure. Therefore, dismissal for repeated failure to fulfill job duties without good reason; for a single gross violation of labor duties by an employee; for committing guilty actions that give rise to loss of trust; for committing an immoral offense; for making an unjustified decision by the head of the organization, his deputies and the chief accountant, which entailed a violation of security, misuse or other damage to the organization’s property; for a single gross violation by the head of an organization (branch, representative office) or his deputies of their labor duties, it is possible in compliance with all the rules for applying disciplinary sanctions.

When bringing disciplinary action against an employee, the employer must comply with the deadlines for applying disciplinary action. It is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on leave (annual, educational), as well as the time necessary to take into account the opinion of the representative body of employees. Absence from work for other reasons, including the use of time off, is not taken into account. The day when the misconduct was discovered is considered the day when the person to whom the employee is subordinate in service became aware of the commission of the misconduct, regardless of whether this person has the right to impose disciplinary sanctions. If the employer applies a disciplinary sanction in the form of dismissal under sub. "d" clause 6 of Art. 81 of the Labor Code of the Russian Federation, the monthly period is calculated from the date of entry into force of the court verdict, which established the employee’s guilt in committing the theft of someone else’s property at the place of work or the resolution of the body authorized to apply administrative penalties.

A 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, inspection of financial and economic activities or an audit - later than two years from the date of its commission. These time limits do not include the time of criminal proceedings.

The employer has the right to apply a disciplinary sanction to the employee even if, before committing a disciplinary offense, he submitted a letter of resignation of his own free will, since the employment relationship is terminated only upon expiration of the notice period for dismissal.

For each disciplinary offense, only one disciplinary sanction can be applied. This rule does not apply to cases of ongoing disciplinary offenses, when, despite the imposed penalty, the employee continues to violate labor discipline. In this case, it is permissible to apply a new disciplinary sanction to the employee, including dismissal. Legal measures taken by the employer, such as refusal to provide a preferential voucher to a holiday home or deprivation of a bonus, should be distinguished from disciplinary sanctions.

A disciplinary sanction is imposed by an order (instruction), which is communicated to the employee against signature within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee to the state labor inspectorate or labor dispute resolution bodies (labor dispute commission, court). An employee can appeal to the labor dispute commission within three months from the day he learned or should have learned about a violation of his right (Article 386 of the Labor Code of the Russian Federation). To resolve an individual labor dispute, an employee has the right to go to court within three months from the day he learned or should have learned about a violation of his rights, and in disputes about dismissal - within one month from the date he was given a copy of the dismissal order or the day of issue of the work book (Article 392 of the Labor Code of the Russian Federation). For example, the three-month period for appealing a disciplinary sanction imposed on February 7, 2002 expires on May 8, 2002, it begins to be calculated on the day following the imposition of the disciplinary sanction, i.e. from February 8, 2002, and expires in exactly three months, i.e. May 8, 2002

When applying a disciplinary sanction to an employee, the employer must comply with the general principles of legal, and therefore disciplinary liability, such as fairness, equality, proportionality, legality, guilt, humanism. Therefore, the Plenum of the Supreme Court of the Russian Federation in its resolution of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” made a reasonable conclusion that when considering cases of challenging a disciplinary sanction or reinstatement at work, the employer must provide evidence indicating not only commission of a disciplinary offense by an employee, but also that when imposing a penalty, the severity of this offense, the circumstances under which it was committed, the preceding behavior of the employee and his attitude to work were taken into account. If, when considering a case for reinstatement at work, the court comes to the conclusion that misconduct actually occurred, but the dismissal was made without taking into account the above circumstances, the claim may be satisfied. However, in this case, the court does not have the right to replace dismissal with another penalty, since in accordance with Art. 192 of the Labor Code of the Russian Federation, imposing a disciplinary sanction on an employee is the responsibility of the employer.

Disciplinary action is valid for one year. If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, he is considered to have no disciplinary sanction. The employer has the right to remove the disciplinary sanction from the employee before the end of the year own initiative, at the request of the employee himself or at the request of his immediate supervisor, a representative body of employees.

Information about disciplinary sanctions is not included in work book. The exception is cases where the disciplinary sanction is dismissal.