Any employee coming to the company agrees with the rules of conduct adopted in it. Those are registered in the Labor Code of the Russian Federation, enshrined in the collective agreement.
general information
You can learn about the rules of conduct from federal and local laws concluded between the company and the employee of the employment contract. Important information is provided by an approved internal schedule. Certain firms have the right to introduce other local regulatory acts, prescribing in them how staff are supposed to behave. According to the rules, even when employed, the personnel service acquaints a potential employee with documents, from which he can conclude how suitable the restrictions adopted by the organization are to him. If it was decided that the place is comfortable, in the future you will have to comply with the restrictions. Otherwise, the employee will face disciplinary and material liability for violations.
Coming to work, the employee receives a job description. He must clearly follow all the points indicated in it. Otherwise, you can put yourself in an awkward, conflict situation or get a reprimand. The employer may issue an order on the disciplinary liability of the employee if the person does not comply with what is due to him according to the job description.
An important point!
You can’t take anyone and anyone to hold accountable. Of course, there are different types of employee disciplinary liability, but criticism of an employee’s actions is valid only when the employer first created the right working conditions. If there are none, no one has the right to require personnel to comply with instructions and laws.
If at first a disciplinary violation was committed, and after that normal working conditions were created, it is also impossible to hold the employee accountable.
Terms & Conditions
Is it possible to bring an employee to disciplinary action if he is not guilty? No, since the presence of guilt is a prerequisite for recovery.
If an employee refuses to do what he is supposed to do according to his position, since the performance of work poses a threat to his health and life, he is not guilty of violation of duties. You can also refuse to perform tasks that are contrary to labor protection standards. No one should be engaged in heavy work, work in conditions of harmful, dangerous factors, unless otherwise specified in the employment contract. Finally, if the employer demanded that the employee prematurely leave the leave, he has the right to refuse. According to the Labor Code, the disciplinary liability of employees is not applicable in this case, since there is no fault.
Defense and justice
So that the employer does not have the temptations to unfairly bring an employee to disciplinary liability, the legislation of our country contains a number of standards governing this issue. So, employees can only be held accountable by a strictly defined procedure. All possible penalties are listed in the laws of the state. No derogations, "inventions" are allowed.
The procedure for bringing an employee to disciplinary liability is as follows: first you need to get an explanation from the employee for why the misconduct was committed. Written explanation. The employee may refuse to write an explanatory note, then the personnel department draws up an act about this. The document is written in any form. It is allowed to bring an employee to disciplinary liability both in the case of an explanatory or in the absence thereof.
Orders and deadlines
Based on the explanatory, the head of the company privately can change his mind and not hold the employee accountable. If this does not happen, then you need to issue an order for the enterprise. The document is drawn up under the signature of the chief director of the organization. In a period of not more than three days from the date of signing, the office management service must familiarize the employee with the document. It is signed on the original, stored in the archives of the company, sets the date of familiarization. If the employee refuses to sign the document, the personnel department draws up an act in any form, recording what is happening.
According to the law, the statute of limitations for disciplining an employee is one month. The time report starts from the day when the misconduct became known. If the violation occurred earlier, then the time countdown starts anyway from the day the fact was discovered.
How it works?
In practice, it is the term for disciplining an employee that causes the most disputes and disagreements. It follows from the laws that the main date from which the report is kept is the day when the boss discovered the error of the subordinate. The mistake must be found by someone who is responsible for the erring employee. It does not matter whether a person who is superior in the ranks has the right to prosecute employees. Disciplinary misconduct becomes a penalty even if the perpetrator went on sick leave or on vacation. Information about the incident is communicated to the management team of the company, which decides what to do. This time period is not taken into account in the month during which a penalty can be issued.
If an employee goes on vacation during the month provided by law, the period is interrupted and the temporary report continues when the person returns to the workplace. A similar situation with the hospital. But if the employee is not at the workplace for other reasons, then the gap is not interrupted. For example, the term for disciplining an employee does not change due to a business trip or time off.
Vacation: what and how to count
Considering the term for disciplining an employee, it must be taken into account that different types of leave affect the calculation of the month during which a disciplinary order can be issued.
The time period given by law can be interrupted only by the types of holidays that the employer gives the employee, based on the laws of our country. It can be:
- additional;
- basic;
- training;
- without saving wages.
What other time frames are there?
According to the law, from the moment of misconduct, the term for disciplining an employee is six months. If errors were identified during the audit, audit by auditors or financial business, then disciplinary action can be applied to defects found over the past two years, but not earlier. If criminal proceedings have taken place, this time period is not taken into account.
We punish: how and how much?
If you find one mistake, you can issue one order to bring the employee to disciplinary action. It is impossible to punish more than once for one misconduct.
You can apply one of the following measures to the employee who made a mistake:
- rebuke;
- comment;
- dismissal.
The choice in favor of a specific option is made, assessing the severity of the violation. It is important to pay attention to the circumstances that provoked such behavior on the part of the employee, as well as to analyze how the employee behaved earlier in the workplace. Of course, the attitude of staff to work is taken into account. All this allows you to conduct the proceedings fairly, honestly, taking into account the interests of the company and the individual.
Special occasion
Different positions have different characteristics, which is directly related to possible violations and penalties for them. There are such special posts for which atypical disciplinary sanctions are established. All of them and the responsibility for misconduct are specified in federal laws.
For examples: if a person works in the fishery, a warning is possible that the employee does not fully comply with the position. Diplomas may be withdrawn from the captain and command personnel. The seizure period is up to three years. For this time period, if the employee agrees, he will be transferred to another position, taking into account the characteristics of the profession.
Penalty measures: features
Dismissal differs from other measures in that this is the final action, breaking all labor relations between the organization and the staff. Other methods of exposure to a stumbling employee are temporary.
Others fear: if a penalty has been applied once, the reputation is damaged forever. This is actually not the case. For example, if a person made a mistake and was punished for it, but this did not happen again during the year, it is officially considered that there was no disciplinary responsibility at all.
You can finish earlier
Until the expiration of a year from the date of liability, the employer has the right to remove it from the employee of the company. This can happen on the initiative of the management team, as part of the request of the employee or on the recommendation of other employees of the company. The head of a stumbled person can write a petition to the CEO, the head of the company. Also, a representative body formed from the organization’s staff can do this. In any of the options, disciplinary responsibility is abolished by issuing an internal order for the enterprise.
When and how to apply
In order to issue an order, it is necessary to discover the grounds for disciplinary liability of employees. This happens if some employee has violated the existing order and the violation can be seen signs of a disciplinary offense.
The subject is personnel, the object will be labor relations. The employee is found guilty intentionally or through negligence. If an employee did not begin to do his job, as he did not have enough qualifications for this, then disciplinary action cannot be applied. He is innocent even if his state of health does not allow him to complete the work.
The penalty is applicable if the person directly acts contrary to the Labor Code of the Russian Federation, an employment contract, the LNA and other legal documents or does not perform the actions that should, based on the listed documentation. Typically, the penalty is applied if the actions or inaction of the staff led to negative direct or indirect consequences related to the situation.
Recovery and dismissal
Perhaps dismissal is the most difficult option of all allowed due to a disciplinary violation. This becomes especially difficult for the employer if the enterprise has a trade union organization protecting the interests of personnel.
If a person is a member of a trade union, the employer wants to dismiss him because of repeated failure to fulfill his duties without good reason, then the company and employee have one month to resolve the conflict. This time period does not become longer or shorter due to holidays and other factors. During this time, the trade union body can write its official motivated opinion and intervene in the situation.
Getting rid of the bosses: is it possible?
A similar article can be applied if it is necessary to dismiss the head or deputy head of the trade union, subordinate units. In this case, it is not necessary to exempt the person from the main job. Such a situation is possible if consent is received from the trade union body a step higher.
I’ll quit myself!
Such a situation is possible when an employee submits an application for termination of his own free will. This does not prevent the head of the company from applying a disciplinary sanction to the employee, even if the application was sent to the personnel department before the misconduct was committed. The reason is that the employment relationship does not end at the moment when the employee sent the application, but only after the time specified in the labor legislation expires - the notice period.
Rules and regulations: what we observe and what not
Disciplinary liability may be imposed if the employee does not comply with regulations and rules. As you know, ignorance of the laws does not exempt from the obligation to comply with them; therefore, it is worth listing the main points that every worker in any modern company should observe. These requirements are listed in Article 21 of the Labor Code and apply to all enterprises in the country. There are simply no exceptions.
The employee must:
- comply with labor standards entered into at the enterprise, documented by an agreement signed with the representative of the enterprise;
- work in a disciplined manner;
- comply with the established standards;
- comply with the approved work schedule;
- take care of the property of the enterprise;
- comply with safety requirements, labor protection;
- inform the employer if a situation arises that is potentially dangerous for personnel or property.
Obligations are fixed officially in normative acts, contracts. The labor agreement usually contains a detailed description of the obligations of both parties - the employee, the employer.
Discipline broken: what the laws say
The decision of the Supreme Arbitration Court adopted in 2004 under number 2 tells about whether misconduct can be considered a violation of discipline, for which it can be imposed. It tells about how TK is used in judicial practice.
In particular, the decree specifies that the employee cannot be absent from the workplace if he does not have a weighty argument explaining the pass. It obliges company personnel to fulfill their duties if there are no good reasons for refusal.
A disciplinary sanction is awarded to such an employee who refuses to undergo a statutory examination by a doctor. This measure is required for a number of professions. Responsibility for disciplinary misconduct lies with those who do not agree to training in the profession, passing exams, if employment features make these activities mandatory.