Each person working in a company must cope with the tasks. They are prescribed in the employment contract and job descriptions. But often during the interview process, citizens deceive future employers, therefore, as a result, they can not cope with the tasks. In this case, the head of the enterprise may hold them liable for the improper performance of their duties. This responsibility is disciplinary, therefore it can be represented by reprimand, remark or dismissal. Termination of employment is usually used when there are really significant violations on the part of the employee.
Concept of punishment
Before signing an employment contract, any employee is notified of what duties and rights he is vested with. It is required to study in detail the content of the employment contract so that certain actions included in the official duties do not come as a surprise to the citizen. All these tasks must be carried out in good faith, in a strictly defined time frame and in the correct sequence of actions.
Improper performance of official duties may consist in any wrong actions or inaction on the part of the hired specialist. Based on the Resolution of the Plenum of the RF Armed Forces No. 2, each specialist will have to bear responsibility for various violations:
- failure to fulfill the terms of the contract signed between the employee and the director of the company;
- violation of legal requirements;
- non-compliance with the rules established in a particular organization;
- refusal to comply with any orders or requirements of the head.
All such situations lead to serious problems in the work of the entire company. Therefore, if the employer uses different methods of disciplinary action, he will be able to improve the use of labor resources. Most often, reprimand is applied for improper performance of official duties.
Grounds for enforcement
Such punishment can only be used if there are significant reasons. Responsibility for improper performance of official duties arises in the following situations:
- without good reason, a person is absent from the workplace for 4 hours or more;
- the citizen’s refusal to perform the tasks set by the management and included in his labor duties;
- a person’s unwillingness to cope with his duties when the employer changes the work schedule;
- violations related to the working mode or direct work of a specialist.
At the first violations, a remark is usually used, but if the wrong actions continue, the employer can take more severe penalties. For this, a reprimand for improper performance of official duties is applied, and in case of serious violations, the labor agreement may be forcibly terminated.
Can I use the reprimand?
In case of violation of job descriptions or the terms of the employment contract, any director of the company may bring the employee to disciplinary action. The reprimand defined in Art. 192 shopping mall. For serious violations, remark, reprimand or dismissal is used.It is the employer who decides which punishment will be applied in connection with improper performance or non-performance of official duties.
Such penalties should be applied only if there are really good reasons and evidence that the employee has committed any violation for which he must be held accountable. The rules for using reprimand include:
- if one employee receives several reprimands, then he can be dismissed in the next violation, and it will not even be possible to challenge such dismissal even through a court;
- if a gross violation of discipline is committed, then dismissal may immediately apply;
- the reprimand is valid for a year, and after the end of this period it is considered that the employee was punished, therefore exempted from recovery;
- even if the employee was absent from work without good reason for one hour, you can apply a reprimand or a remark to him, but you won’t be able to dismiss him;
- if a specialist is systematically late for work, and such violations are correctly documented by the employer, the director may dismiss the negligent employee.
It is allowed to remove such a punishment ahead of schedule, for which there should be significant reasons, for example, if the hired specialist copes well with his duties, and also submits the corresponding written request to the head of the company.
Who controls the workers?
General control over the activities of all hired specialists is carried out by the direct manager of the enterprise. If the company has a large size, then such powers are delegated by the heads of various departments of the organization.
Usually, direct supervisors of workers are engaged in control. If they identify any violations, then they draw up a memo. This document is sent to the director of the enterprise, who decides on the need for disciplinary liability in connection with improper performance of official duties.
How is it drawn up correctly?
If the head of any employee of the enterprise notices that the hired specialist has not completed the task, then such a violation should be correctly recorded. Therefore, for the correct execution of the disciplinary action, the following actions are performed:
- initially improper performance of duties by an official or an ordinary employee is correctly recorded, for which a special act is formed confirming the existence of a violation;
- The direct manager of this specialist draws up a memo sent to the director of the company;
- witnesses are involved who confirm in writing that a particular employee has committed a violation;
- the director of the company requests an explanatory note from the employee, which describes the main reasons for this behavior on the part of the citizen;
- if the culprit does not want to draw up an explanatory note, then his immediate supervisor draws up a special act in which the witnesses sign;
- documentation is sent for review to the director of the company;
- if the violation was committed without good reason, the head of the company may decide to hold the employee accountable;
- an order is issued on the basis of which a reprimand or remark is applied to the citizen;
- the violator gets acquainted with this document by signature;
- if the citizen does not agree to sign the order, an act of refusal is formed.
Only if the prosecution procedure is carried out correctly, the reprimand will not be challenged in court by the employee.
Responsibility Dates
An order to reprimand for improper performance of official duties can be issued only within one month from the moment when a violation is discovered by the hired specialist.
Extension of this period is allowed, for example, if the employee is on vacation or on sick leave.
How is a violation detected?
Inadequate performance of official duties is usually revealed by the direct manager of an employee of the enterprise. It must be correctly recorded, otherwise the prosecution may be challenged in court.
In Art. 193 of the Labor Code states that the violation should be recorded using official documentation. For example, if the employee did not appear at the workplace at the scheduled time, then an appropriate mark in the timesheet is required. Additionally, a memorandum is handed over by the head to the company director.
Rules for demanding explanations
A reprimand for improper performance of official duties can be assigned only with the competent registration of the violation by the employee of the enterprise. For this, the manager must require his employee to draw up an explanatory note.
This document indicates the reasons why a citizen committed a particular offense. Explanations should be presented in a written note. If a citizen refuses to explain the reasons for his behavior, then a special act is formed. Witnesses sign it, confirming that a certain employee of the enterprise actually refuses to compile an explanatory note.
Rules for the formation of the order
The manager must understand how the penalty for improper performance of duties is applied. The order is issued by the director of the enterprise only after competent registration of the offense committed by the employee of the company. The following information must be included in the document:
- name of documentation and company name;
- order number;
- date of publication;
- the reason for the formation of the document;
- information about the employee of the company, which is the offender, for which his name and position are indicated;
- a description of the situation that has arisen, for which it is prescribed, what exactly is the failure to fulfill obligations;
- a link is left to the article of the Labor Code, which makes it possible to apply a reprimand to such an employee;
- lists the documents attached to the order;
- Signed by the head of the enterprise;
- space is left for the signature of the employee of the company.
An employee of the enterprise must familiarize himself with this order within three days. Only after the publication of this document is reprimanded for improper performance of official duties. A sample of this document can be studied below.
Sentence
If a reprimand is applied to an employee who has failed in his job duties as the main penalty, then he will be valid for one year. After this period of time the disciplinary action is removed.
It is allowed to withdraw this punishment ahead of schedule. For this, a written application may be made by the employee. It is transferred to the immediate supervisor, after which he sends this document to the director of the enterprise. The punishment is removed only if the employee copes well with current tasks, and also does not violate labor discipline.
Withdrawal of reprimand is based on the publication of another order. It indicates the reasons for making such a decision, as well as the deadline for the abolition of the penalty.
Conclusion
If an employee does not cope with his duties or intentionally fails to comply with the requirements specified in the employment contract or job descriptions, then he may be subject to disciplinary action.It can be represented not only by remark or reprimand, but also by dismissal.
To hold the employee accountable, the management of the company must correctly document the fact of a violation on his part. This requires explanations, and if they are absent, an order is issued to reprimand or dismiss the employee.