Unfortunately, not everyone is able to clearly follow instructions and adhere to labor discipline. Because of this, punctures happen. The employee is punished by the administration. But not only ordinary workers, but management sometimes does not imagine what types of disciplinary action exist, how to apply them correctly. This thing, by the way, is very complicated, replete with all sorts of nuances. Interesting? Let's figure it out so as not to get into a mess, not to suffer innocently, so to speak.
What can they punish?
Non-specialists need to know that not only the administration has rights. The employee possesses them fully. Yes, not all Labor Code is studied, and it is precisely there that the types of disciplinary sanction are fixed. These are not inventions of the leadership, but legislatively prescribed measures. They are used in strictly defined cases. All this is contained in Article 192 of the Labor Code of the Russian Federation. In particular, it says that it is possible to punish an employee if he does not fulfill his duties. But not only. Some disciplinary measures are applied if a person did nothing at all, that is, was inactive, and these actions led to serious consequences.
Therefore, let’s explain along the way, if you decide to be punished, be sure to ask how you hurt the production. Let the administration respond in writing. And then we often believe that the employee has no rights, he can be punished as you like. However, this is not at all true. The types of disciplinary action are not only strictly defined in law. It also examined when and which one is used. Moreover, there is a procedure, without which the punishment may be recognized (by the court) as unauthorized.
Hypothetically, the administration will be obliged in this case to compensate for the damage to the punished. In practice, this rarely happens. People go to court only with unlawful dismissal. Yes, and this does not happen so often. The administration is trying to comply with all the subtleties and nuances of the law so as not to pay compensation to the violator. And nobody wants to go to court. To summarize: you can punish a worker when he has violated labor discipline. The concept is quite broad. Let's figure it out next.
Types of disciplinary action
We open, so as not to confuse anything, the Labor Code. We will analyze the issue using the example of the legislation of the Russian Federation. If you need to understand how workers are punished in other states, then our scheme should be followed. Most countries have similar legislation containing similar information. Article 192 of the Labor Code of the Russian Federation states that an employee can be remarked and reprimanded.
The most severe punishment is dismissal. This applies to all workers. But for some categories of workers other types of punishments may be provided. They are determined by federal or local acts. By the way, the documents in accordance with which disciplinary measures are applied, this is a special conversation, since they are divided into two categories: federal and local. The latter include charters or regulations on discipline adopted at the enterprise.
An employee should be familiarized with these documents when applying for a service. Violators! Do not try to remember what papers you signed, just ask them to show you evidence that you know their contents. Namely - his signature on the document.It is an indicator that you are familiar with the rules adopted in this organization. If this does not turn out to be, then boldly argue with the administration. Especially if they try to influence you with measures not provided for in the Labor Code. Otherwise, unfortunately, it will be more difficult to defend. Federal laws are binding.
What can they fire for?
Of course, losing a job is the worst punishment. And not only because you have to look for a new place. When dismissal "under the article" make appropriate employment record. And this is for life. Then try to explain elsewhere that you are not to blame! The reasons that entail the imposition of a disciplinary sanction in the form of dismissal are also described in detail in the legislation. These include truancy, but not one, but several. At the same time, you cannot immediately dismiss an employee.
First you need to "educate him." Namely, to apply another measure prescribed by law. Just like that, without reprimand, firing a person is very difficult. Another reason for strict punishment may be the appearance at work in a state of intoxication. It may be alcoholic, toxic or narcotic. It does not matter. Any intoxication is a violation of discipline. They can fire someone who divulges secrets. This applies only to those people who were warned when hiring for a similar nuance. This “harmful” secret can be either state or commercial or official.
In any case, the employee is warned that the information should not be disclosed. They can still be fired if other people have suffered through the fault of the official. For example, an accident or accident occurred that resulted in injuries, death, disability. By the way, they are also fired for theft if the person’s guilt is proven. And this is the work of law enforcement agencies. Leaders, of course, bear even greater responsibility. They may leave the position “under the article” for making unauthorized decisions.
Procedure for the application of disciplinary sanctions
If you already have a sense of your own defenselessness, then continue reading. Not so disenfranchised employee. After all, the whole process is made out with special documents. You can find out about them by looking at the procedure for applying disciplinary sanctions. It is described in detail in article 193 of the Labor Code. In particular, there the whole process is divided into several stages. First of all, the fact of misconduct should be reported to management. This is usually done in writing. For example, a person who does not have the right to punish on his own writes a memorandum addressed to the head. Most often, this "scammer" is the immediate superior of the offender.
This is followed by a survey of witnesses, that is, information is collected about what happened with a survey of colleagues and colleagues. Before signing the order on imposing a disciplinary sanction, the head gets acquainted with the case materials. They include the explanation of the offender. To compile it, a person has two working days. If he does not agree to write in writing about the reasons for his misconduct, then an appropriate act must be drawn up. The absence of an explanatory note does not exempt the offender from punishment. After collecting all the documents, the manager decides on the type of recovery.
How is the employee's explanation drawn up
One of the most important documents protecting, including the rights of the worker himself, is his own opinion regarding the fact of violation. In practice, the order to impose a disciplinary sanction is tried not to be signed without this document. Although in Article 193 of the Labor Code It is said that his absence does not exempt from liability. But the explanatory note itself can clarify the circumstances that justify the offender.
It is advisable that the employee wrote it in his own hand, in free form.But in some organizations, there is a practice of filling out the finished form of the document. It should contain the following points. The employee is asked to answer what are the motives for his misconduct, whether he is aware of his guilt. If a person does not admit that he has committed a disciplinary violation, he is invited to express his version. That is, he must write who is to blame for what happened. This document must be properly executed. It is addressed to a person participating in the sentencing process. Usually it is the head of the organization or the immediate boss.
In some cases, an explanatory note is written in the name of the head of the personnel department. There is another form of taking into account the views of the violator. In production, a misconduct may constitute a special act. His employee must sign it himself. In addition, it is necessary to take into account the severity of the misconduct, the business and personal qualities of this specialist. But for the court, if it comes to it, it is preferable to have an explanatory, handwritten. Otherwise, the administration will have to prove the constitutionality of the dismissal. That is, that in the process the principles set forth in the basic law were not violated.
The correct execution of the order
In practice, penalties are often canceled. The thing is that the order for the imposition of a disciplinary sanction is often executed with gross violations. The first of these is the misinterpretation of the TC. It clearly states that punishment for misconduct can only be done once. If, for example, a person committed truancy and was reprimanded, then dismissing him for the same violation would already be unlawful. But there are exceptions. This is a continuation of the violation. Namely: the man was punished, but he did not change his attitude to work, did not fulfill his duties. Then you can apply additional measures to it.
Naturally, this act must be proven and documented. Another mistake is the non-observance of the time limits for applying the punishment. They are like that. The order for disciplinary action must be issued within a month from the day when the violation became known. This is recorded by a memo. Personnel services are required to monitor the compliance of dates. This period does not include days when the offender was sick or was on vacation (any). But days off do not affect this period.
They are not taken into account when disciplinary action is necessary. In addition, it is impossible to punish if six months have passed since the misconduct was committed. The disciplinary order in violation of this rule is recognized as unlawful. For misconduct involving financial and material losses, this period is two years. The offender must be familiarized with the order for his punishment. This is done within three days. The employee must put his signature under it. In case of his refusal, an appropriate act is drawn up. It must be remembered (by all parties to the process) that the terms of disciplinary action should not be violated in any case. Otherwise, the act is invalidated.
Withdrawal
It is clear that the punishment cannot last forever. The disciplinary procedure also contains the conditions for its removal. This is also an important issue for both the employer and the worker. The punishment can hang for a whole year. Only after this period has passed, the employee is considered to have no penalty. This is recorded in article 194 of the TC.
But there are special conditions. The removal of disciplinary action may be carried out earlier than the specified period. Indeed, why punish a good worker. After all, an offense may be committed by accident or by force of circumstances. If a person observes discipline, works perfectly, then the administration has the right to petition for the removal of punishment. In addition, such an initiative may come from the employee himself, his boss or representative body.
Each case is made out by the corresponding document.If the initiative comes from the leadership, then it is drawn up by a personnel officer report. Indeed, in most cases, it is this official who monitors the behavior of the punished person from the administration. The employee himself also has the right to write a statement addressed to the head with a request to review the order of punishment. It is necessary to indicate in it that the person has realized his guilt, completely corrected. A petition of such content may also be written by its immediate supervisor.
The document describes how the employee currently relates to his duties, what indicators he achieved and so on. The petition (or submission) is addressed to the official who signed the penalty. The representative body acts in the same way. A representation or petition is drawn up on his behalf. If the request to the management for the removal of the penalty was voiced at a collective meeting, then it is recorded in the minutes. This document is provided for review to the head of the organization. By his decision, an order is issued to remove the disciplinary sanction. With him, in turn, they introduce the former violator (signed).
Lasting misconduct
Let's look at some special cases that are possible in production. As already mentioned, disciplinary action is applied only once. That is, a second time for the same violation of a person cannot be punished. But in the TC there are special cases. This is a continuing misconduct. This is such a violation, which is still observed after the enforcement. Sometimes he is confused with repeated misconduct. If, for example, a person was late, was punished, and after some time did not come to the service again by time, then such a violation is not lasting. This is just the case of repeated violation.
In this case, a second disciplinary action cannot be applied. TC prohibits this unambiguously. But when the employee was punished for failure to submit reports by the deadlines, for example, but he did not even think of submitting them by the next appointed date, the misconduct is ongoing. That is, despite the penalty, the person did not change his negative attitude towards the performance of labor duties. In this case, duly executed, re-punishment, including dismissal, is allowed.
About liability
Very often, both employees and some representatives of enterprise administrations misinterpret the position of the Labor Code regarding double punishment. The fact is that some violations lead to material or financial losses. Legislatively secured the right of the employer to recover the amount of losses. Naturally, the guilt of the employee in this case must be proved and recognized by him. Debt collection from the violator is carried out by issuing a document. It indicates what misconduct led to losses, their size and methods of compensation.
Moreover, debt collection is not a punishment. This is just a way to compensate for the loss of the employer by the perpetrator. This provision is enshrined in article 248 (part six) of the Labor Code. It states that the perpetrator is obliged to compensate material losses, regardless of what punishment he is subjected to. This refers not only to disciplinary action, but also to administrative or criminal liability. The fact is that disciplinary punishment is an educational measure. It is used to eliminate misconduct. And liability is compensation for damage.
Common mistakes in paperwork
Let's look at the issue from the employer. Often they lose cases in court due to improper execution of the relevant papers. Any trifle is important in them. By the way, this information will be useful for savvy employees who are late or lazy.The personnel officer, on whose shoulders, as a rule, the unpleasant duty of collecting and preparing all “pieces of paper” rests, it is necessary to understand that any oversight can turn into an illegal even a very deserved disciplinary sanction.
A sample report and explanatory, as well as an order, must be drawn up and agreed with a good lawyer. Particular attention should be paid to paperwork on the dates that have already been mentioned. The fact is that to prove, for example, the incorrectness of the sentence in terms of the production process is quite difficult. But finding a violation of the Labor Code in the papers is very simple, which is what lawyers for offended workers usually do.
Memo the offense must be made up with dates and all kinds of details. It indicates the time and place of the misconduct. Which position (point) of which document is violated. Who recorded this misconduct. Also, other information related to this case should be brought to the head. For example:
- "To the director (F. I. O.) from the head .... Memo. I bring to your attention that on such and such a date, at such and such a time, my subordinate (position, F. I. O.) was late for the beginning work for three hours. Due to the fact that it was impossible to stop the technological process, such and such overtime was involved in the work. I ask you to apply disciplinary measures to (F.I.O.) due to the fact that this violation is not He is systematically late by the start of work for 15-30 minutes. My oral comments did not have the desired effect. odpis number. "
To this document, if it is planned to dismiss the violator, it is advisable to attach the testimony of his colleagues. They are also issued in memoranda. In the explanation of the offender and the order, all dates and dates must correspond to those indicated in the original document. That is, if it says that the employee was two hours late, then this period is indicated on each paper. Otherwise, the court finds the documents incorrectly executed, and the punishment is unlawful.
