The legislation provides for various types of liability for the implementation of illegal actions. A violation committed in the framework of labor or official activity entails the imposition of a disciplinary sanction. One of them is an announcement about incomplete official compliance. We know what this measure means and what consequences it entails.
Incomplete official compliance: what does it mean?
There is no clear definition of the concept under consideration in normative acts as such. But in the legal documentation there are criteria that must be met by persons who are accepted for public service or in the ranks of the Armed Forces. Service compliance is usually assessed as part of the certification.
Based on the existing requirements, it can be emphasized that such a discrepancy occurs against the background of an insufficient level of the following criteria:
- Vocational training, knowledge of one’s duties along with readiness to fulfill them. Personal discipline, diligence, exactingness to subordinates and to oneself personally.
- Organization in work, combined with the ability to identify key areas within the framework of ensuring their activities, the ability to perform a high-quality task, and skillfully act in difficult conditions.
- Ability to manage subordinates and at the same time combine high demands with providing care for employees.
In general, it is worth mentioning that official incomplete compliance is declared in case of unfair implementation of legislative requirements, and at the same time against the background of insufficient discipline of the employee.
Warning - what is it?
A warning of incomplete compliance indicates to officials about:
- Low level of organization activities.
- Unfair attitude in the performance of duties.
The task of the disciplinary measure under consideration is to prevent the execution of gross misconduct, which are specified in the legislation and other regulations. In addition, employers place an obligation on the person to eliminate violations in connection with which employees were notified of official incomplete compliance. The consequences of failure to comply with the precept may be demotion along with early dismissal.
Nuances
As part of deciding on the advisability of declaring incomplete official service, tenants should consider:
- The general nature of the offense.
- The conditions against which the perpetrator committed it.
- The extent of the damage.
- Duration of service along with a level of knowledge of the procedure for fulfilling one's own duties.
Considering the issue of military personnel, it is worth saying that disciplinary sanction can be applied only in relation to warrant officers and officers. An explanatory note of a serviceman with incomplete official compliance is drawn up for a commander of a higher rank.
Procedure for applying measures
The grounds for declaring claims of incomplete official compliance to employees are:
- The fact of repeated failure to fulfill assigned duties.
- Fixed absenteeism.
- Deliberate submission of fake documentation as part of admission to the service.
- Violation of the rules of performance, which entailed serious consequences.
- Deprivation of access to information that is a state secret.
- The adoption of unreasonable decisions, the implementation of which entailed certain damage.This basis applies exclusively to the management team.
- The fact of a gross one-time violation of duties, which is associated with failure to comply with a legislative prescription or causing serious harm.
- Staying in office while drunk.
- The commission of embezzlement, theft, intentional property damage and so on.
Serviceman
There are a number of criteria for military personnel, by which they evaluate their compliance with the post. Among these, the following parameters should be mentioned:
- The level of professional training (we are talking about knowledge of the military regulations and academic degree).
- The degree of knowledge of their duties along with their full implementation.
- High-quality mobilization level (the ability to quickly switch to work in military conditions is assumed).
- Putting theoretical knowledge into practice.
- Achieving significant results in a particular field of activity.
- The presence of organization, initiative, credibility among colleagues and so on.
- Presence of leadership abilities (care is assumed with simultaneous exactingness to the younger staff, and, in addition, to those who are directly subordinate).
- Finding a military unit (association, unit) in proper, that is, in combat-ready condition.
- The presence of self-criticism in work, combined with high dedication.
- Lack of disciplinary action, warnings of incomplete compliance and other measures by the authorities. Fulfillment of duties to the extent required by the charter with other departmental acts.
- The health status of a soldier must meet all the requirements in the framework of the appointment (subsequent finding) to a specific position.
This list is general, while in each case, individual requirements may apply. Thus, under the official correspondence of the military, full compliance with the legislative requirements for the post should be considered along with the level of personal discipline and attitude to the case. This means that in cases of incomplete compliance, we are talking about non-compliance with the requirements of the law, or about existing gaps in the discipline.
Does the police happen?
Incomplete compliance with the police means, first of all, violation of discipline. A gross violation of discipline (which implies incomplete official compliance) by the internal affairs bodies is the following misconduct:
- Failure to comply with the restrictions and prohibitions established by law.
- The absence of a policeman at the duty station without good reason for more than four consecutive hours for a specified time.
- Being in a drunk or narcotic state.
- The execution of a guilty action, which entailed a violation of the rights of citizens.
- Disclosure of information that constitutes a state or other secret protected by law.
- Careless storage of weapons entrusted for official use, and at the same time, ammunition for them.
- Refusal along with evasion of an employee from undergoing medical examinations (examinations) in cases where the mandatory visit is established by law.
- Failure to appear without a valid reason at the meetings of the certification commissions for the required certification.
Disciplinary action
For employees of internal affairs bodies in case of violation of official discipline, as well as in other cases, the legislation provides for the following warnings about incomplete official compliance:
- Note or warning.
- A severe reprimand.
- Transfer to lower positions.
- Dismissal from service.
General rules
First of all, in order to prosecute the guilty employee, the fact of misconduct must be recorded without fail. Usually they draw up an act that is signed by two witnesses. In addition, the immediate superior may write a memorandum addressed to the higher management. After fixing the circumstances of the deed, a request is sent for an explanation. It is sent by mail or handed personally in signature.
An explanation must be provided to the employee within two days. If this is not done, the head draws up an act. According to the circumstances of the incident, an internal audit is carried out. According to its results make a conclusion. Based on the information received, the leader assesses the nature of the offense and determines the amount of damage. After that they issue an order. The civil servant must be familiar with it. In addition, the chief explains what threatens the official incomplete compliance and the consequences if the person does not correct the situation.
The timing
It is possible to hold an employee accountable within one month from the moment the fact of misconduct is revealed. The following periods are not included in this period:
- Temporary disability.
- Vacation break
- Checking out.
- Absence from service for a good reason.
If a violation was discovered during audits or other audits, the time period during which the penalty may be applied is increased to two years. This section does not include the time of criminal investigations.
When is it removed?
The duration of the sanctions is usually one year. To remove penalties for incomplete official compliance, the employee must correct all violations. In addition, he must not commit new misconduct for at least one year. The legislation, however, also allows for early withdrawal of a penalty:
- Leadership Initiative.
- A written statement or petition from the immediate superior.
As for the military, for them the removal of the penalty is carried out in accordance with article No. 35 of the Disciplinary Statute. This is allowed if it is established that the educational functions of the sanctions were implemented, and the employee corrected himself by the exemplary performance of his duty.
Explanatory note
This document is intended to give a brief but fairly complete picture of the documentation that comes with it. Such paper may accompany research projects, tax, accounting, and other papers that require a brief abstract. This problem is solved by an explanatory note. Based on this definition, it is clear that the content of this paper is directly determined by the type of document to which it is attached.
Writing an explanatory note
Like most papers, it is made up on a standard sheet of white paper, which differs in A4 format directly in print. In the event that it is voluminous and contains several pages at once, they are usually bound in a transparent cover.
Explanatory notes begin with the title page on which the name of the document is written, for example, “Explanatory note to the order ...”. Pages following the title page are usually numbered in the center or on the border of the lower right margin in tenth font size.
An important point - about the expiration of the term
A disciplinary sanction on incomplete official compliance may be removed from the serviceman due to the expiration of the term. True, this rule does not apply to cases of incomplete compliance. The fact is that this sanction is supposed to establish a trial period during which a person must correct the violation.
Replacing more stringent measures
In the event that a serviceman has not complied with the instructions of the leadership, he may be demoted or prematurely dismissed. In this case, the dismissal will be considered legitimate if the violation of behavior is considered as an independent disciplinary offense.
Exceptions to the Rules
In the legislation, cases where the perpetrators cannot be disciplined are not established. Consequently, a measure of responsibility can be applied to all civil servants and military personnel. Meanwhile, this conclusion is not true enough. For example, a reprimand for incomplete official compliance along with a warning and a comment can be applied to those responsible in any situation, if there are grounds. True, it is impossible to dismiss pregnant women, single mothers and a number of other persons from the service, as they are assigned to unprotected categories. Dismissal in such situations could contradict not only the provisions of the Labor Code, but the Constitution as well.