The procedure in accordance with which disciplinary sanctions are applied is considered in art. 193 of the Labor Code of the Russian Federation. It describes the procedure in some detail. Nevertheless, in practice there are many questions of its application. Let's look at how Art. 193 of the Labor Code of the Russian Federation “Disciplinary sanctions” with comments and explanations is served in the modern specialized literature. It is advisable for the personnel officer and employee to have an agreed view on the procedure for the unpleasant punishment procedure for violation of the work schedule in order to exclude conflict situations and not bring the matter to court.
Art. 193 of the Labor Code of the Russian Federation disciplinary sanctions
Let us turn to the content of the legislation. Art. 193 TC is quite voluminous and concise. Its eight paragraphs contain the entire procedure, the passage of which is mandatory for foreclosure. It consists of the following actions:
- identification of misconduct;
- demand from the employee for an explanation;
- drafting an order;
- coordination with a representative body;
- familiarization of the person with the document.
At each stage, difficulties and interpretations may arise. Although Art. 193 of the Labor Code describes the terms and actions in sufficient detail, practice shows that nuances are possible that lead to irreconcilable disputes between the employee and the administration. Each side has its own view of what has happened. In addition, some employees simply do not know the rights. People try to cunning by making rash, useless actions. The study of Art. 193 of the Labor Code of the Russian Federation “Disciplinary sanctions” with comments helps to avoid complicating the situation due to the lack of sufficient knowledge.
Employee explanation
A person who does not have the right to impose penalties can identify misconduct. As a rule, it is the immediate superior of the employee. This person writes memo (Article 193 of the Labor Code does not indicate the mandatory existence of such a document). The head making the personnel decisions is obliged to respond to the paper - put a resolution. Further, the report is sent to the personnel officer. This is an important point rather for the administration. In the event of a trial, she has to demonstrate in detail compliance with all the deadlines referred to in Article 193 of the Labor Code of the Russian Federation. Practice shows that without an appropriate document it is quite difficult to do. The court, as a rule, in labor disputes stands on the side of the employee, therefore personnel officers are insured from the very beginning, even before a conflict arises. On the basis of the memorandum with the resolution of the chief, the employee needs an explanation. It must be provided within two days. This is a new position in the article under study.
Why is the deadline for providing an explanation
Previously, such a clarification did not exist in Art. 193 of the Labor Code of the Russian Federation. Judicial practice has demonstrated a lack of legislation in this area. The fact is that the lack of clarification on the timing led to the creation of an insoluble conflict. On the one hand, the administration used this factor to exert pressure on the employee. Almost a person was given a couple of hours to write an explanatory note. If he needed additional documents to prove the unintentional offense, then he had no legislative grounds for extending the term. On the other hand, the employee himself was stubborn, tried to delay the decision-making process. In court, to prove which of them was right was very difficult. Therefore, they introduced a norm on the term for providing an explanation in an article. This is to protect the rights of the employee.So that a person has time to collect supporting documents and certificates. For example, if you are late for work due to an accident, a malfunction in the transport, and so on. Such facts are confirmed by relevant certificates attached with an explanatory note. The offender is obliged to express in writing his attitude to the claims of the administration, that is, to write the corresponding document with his own hand, fixing the time and date of its submission.
About acts
In the article under study, two cases are specified when the employee does not want to cooperate with the administration. In both, it is necessary to draw up a special document fixing this fact. The first is when the employee does not want to write an explanation. In this case, an act is written that the person did not provide the document within the time prescribed by law. It should be signed not only by a personnel officer and lawyer. It is advisable to include a representative of a trade union organization, or people working in different divisions, in the commission on drawing up acts. That is, the collective is necessarily included in the execution process. The second act is drawn up if the employee does not want to get acquainted with the reprimand order. On this document must be the signature of the punished and the date written by him personally. This is an important point taken into account by all authorities where the employee may complain. Familiarize him with the order should be within three days from the date of its registration (publication). If he refuses, then we need a special act drawn up in a commission involving members of the labor collective.
About the timing
There is one more nuance that needs clarification. According to Art. 193 of the Labor Code of the Russian Federation, disciplinary sanction is applied no later than one month from the date of its identification. If you carefully read the material, now it becomes clear why a memo is needed. It is with this document that the countdown of all legislatively fixed dates begins. The specified month does not include the time when a person:
- was sick;
- been on any vacation;
- took a day off.
In addition, the order of punishment must be agreed with the representative body. This time is also not included in the specified month. This is when the misconduct is discovered by the boss. If the violation is revealed by inspection, then the terms are different. In this case, the penalty shall be applied no later than two years from the date of the offense. Moreover, the time period for conducting a criminal case (if it exists) is not included in the indicated period.
Some features
Everyone knows that different situations arise at work. Many issues related to uncritical violations of labor discipline are resolved at the level of personal relationships. You should be careful here. The article under study regulates the time when a penalty can be applied. It is six months. That is, if the punishment was immediately avoided, this does not guarantee that it will not be in the future. The legislator had in mind something else. Indeed, in one month the whole procedure may not be completed due to a vacation or a hospital worker. However, the administration, at times, interprets this norm in its own way. Workers should pay attention to this. Advice: if the boss wrote a report on the tack, but managed to agree with the boss, then demand that the document be destroyed in your presence.
Agreement of punishment
The administration cannot reprimand without consulting with the trade union or other representative of the labor collective. Here the legislation is on the side of the employee. Its representative body is obliged to protect. All documents collected by the personnel officer, together with the draft order, are transferred to persons exposed to the trust of the team. They should review these papers in accordance with the accepted procedure. She, as a rule, is agreed in advance by all members of the labor collective at a general meeting. How long approval should take is not legally fixed.However, the time when the documents are in the representative body is not included in the month period specified in the article under study. This is also done so that the employee has an additional opportunity to protect his rights.
Unit of punishment
Perhaps the reader, who has never received a reprimand at work, does not quite understand why there are so many difficulties. The fact is that punishment is not just a piece of paper. Its imposition has other consequences. As a rule, while the penalty is in effect no one will give the employee a bonus. In some organizations, he is excluded from the career plan, not allowed on business trips, and so on. Legislatively fixed that a person can be punished for misconduct only once. Do not confuse collection with non-payment of premiums. These two points have a completely different basis. Punished for misconduct, rewarded for achievements. Things are not completely interconnected. The decision is made by the administration in each case.
How to get rid of punishment?
Art. 193 of the Labor Code of the Russian Federation "Disciplinary sanctions" the removal of the penalty is considered mandatory. That is, reprimanding is not a sentence. It can be canceled if a person has recovered, has proved himself in work. Removal of a penalty is issued by order. To initiate it, a memorandum of the head of the punished is required, which indicates the basis for the removal of punishment. The document goes through the same circle. The chief endorses him, expressing his attitude, the personnel officer prepares a draft order. But it is better to observe discipline so as not to get involved with such paper ups and downs, which do not give anyone pleasure! But if you are offended, then go to court. The employee has every right to do this!
