Every adult at least once in his life went to work. It all starts nicely: agreements, commitments, hopes. But all kinds of things happen: sometimes an employee violates his production duties, whether intentionally or unknowingly. And then comes responsibility.
Disciplinary action: types, grounds
Disciplinary measures are applied to the employee for non-compliance with labor agreements and obligations incurred in respect to the work regime, the implementation of management orders, compliance with labor protection standards and other nuances of labor relations recognized by law as mandatory.
The employer can only choose disciplinary sanctions from the list provided for by the Labor Code, and for certain categories of workers - disciplinary charters: inventing sanctions alone is prohibited. A sample disciplinary order will greatly facilitate the prosecution of an employee.
Disciplinary sanctions and regulations for their application
The procedure for imposing sanctions is also established by the Labor Code, and the employer has no right to recede from it. The basis for holding the employee liable is a sample order. If a misconduct is discovered, the first-level manager asks for disciplinary sanction, and then the employer proceeds as follows:
- Requests written explanations from the employee. In case of his refusal, draws up an act.
- Issues an order for disciplinary action. Remark, reprimand or dismissal - the employer can choose only one measure for one misconduct.
- The employee is presented with an order for review under the signature no later than 3 workdays.
A document executed in this way with reference to the employee’s written explanations or their absence, with the signature of the employee, becomes a full-fledged basis for applying the sanction.
Sample order of disciplinary action
Order No. 13 of December 13, 2013
About disciplinary misconduct and liability
An audit of the economic activity of the enterprise for 2012 revealed facts of unlawful excess of the accrual of wages carried out by part-time workers (clause 6 of the verification act signed on 11/23/13)
In accordance with paragraph 2.3 of the job description, the chief accountant must ensure that accruals are made in accordance with applicable law. For incorrect accruals, the chief accountant is liable under paragraph 4.1 of the instructions.
Thus it is a violation of the chief accountant his job responsibilities were revealed on 11/23/13. The employee requested written explanations in which the chief accountant explained that he mistakenly charged part-timers a salary of 100%.
Subject to the foregoing and the norms of Articles 192 and 193 of the Labor Code of the Russian Federation
I order:
- Attract the chief accountant to disciplinary action and reprimand him.
- For the duration of the reprimand, deprive the employee of the remuneration and bonuses established by the collective agreement.
- Head OK OK to ensure familiarization of the employee with the order for signature within 3 workdays.
- I control the execution of the order.
Ground of decision: verification report of 11.23.13, written explanations of the chief accountant from 12/12/13
Director "Organization Name"
FULL NAME.
Agreed:
Lead Counsel
FULL NAME.
Prescription: acquainted with the order. Chief Accountant (signature) Full Name, 12/14/13
Employee Fine Order: Sample
A fine under the rules of the Labor Code is not a disciplinary sanction, but the employer may fine the employee if there is reason to.A sample order of disciplinary action is quite suitable as a cliche and for a fine. It is only necessary to correct the preamble with justification, for example, like this:
"For violation of the deadlines for submitting tax reports in accordance with the" Regulation on bonus payments to employees ", guided by paragraph 5 of the Collective agreement" Name of organization ",
I order:
Deprive accountant Prizes for March 2014. "
Removing the "discipline"
The basis for early withdrawal of a penalty from an employee is an order to remove a disciplinary sanction, a sample of the preamble of which is given below. As a general rule, a probationary period of 1 year is established for the violator: if he does not commit a new offense, he is considered not to be held liable.
TC also gives the employer the opportunity to prematurely release the employee from the "shame" and "yoke" of discipline. Here is an example of such a document:
Order No. 12 of 02/12/14
12/13/13 by order No. 13 to the chief accountant reprimanded. Over the past period, the employee was conscientious in fulfilling his duties, ensured timely submission of tax reporting, and had no comments.
02/10/14 I received for consideration the appeal of the trade union committee to withdraw from the name disciplinary action. Subject to the above and the provisions of Article 194 of the Labor Code of the Russian Federation
I order:
1. Remove from the chief accountant disciplinary action.
2. To the head of OK to familiarize the employee with the order for signature in 3 days.
Ground of decision: appeal of the trade union committee of 02/10/14
Director "Organization Name"
FULL NAME.
Agreed:
Lead Counsel
FULL NAME.
And let the chains of discipline be left behind. Enjoy your work!
