Officially working citizens are required to strictly follow the labor discipline and schedule established by the company. If they violate the basic requirements, then this leads to the application of disciplinary action against them. It may be presented by reprimand or comment. A reprimand is the most popular form of punishment that must be applied by the employer subject to certain rules.
Concept of punishment
A reprimand is a certain type of penalty envisaged by the Labor Code. It is used as a punishment for negligent employees who in one way or another do not cope with the requirements of an employment contract or internal routine.
There is no exact information in the TC about what violations apply reprimand at work. The ability to use such a penalty is provided for by Art. 192 shopping mall.
Reasons for use
A reprimand is a penalty, which is an unpleasant method of punishment for every officially employed citizen. Therefore, it is usually appointed in the presence of really serious violations on the part of the employee. Most often it is used in situations:
- violation of the most important articles or requirements of the Labor Code, for example, the employee does not follow safety precautions or does not comply with the work schedule, and also is absent from work or cannot cope with his basic obligations stipulated by the labor contract without good reason;
- performs actions that are not prohibited by the Labor Code, but required by the company on the basis of labor discipline, for example, a citizen refuses to undergo a mandatory medical examination or training for TB;
- the implementation of actions leading to damage to the company, therefore a shortage appears or the state of different values worsens.
Since the TC does not have an accurate list of violations for which a reprimand is made, this penalty is usually used for repeated delays or absenteeism, failure to meet deadlines or poor performance of one's labor duties, which leads to the appearance of a manufacturing defect.
How is it applied?
Among all types of penalties, reprimand is considered the most common form of punishment for negligent workers who violate routines in the company or the requirements of the employer by one or another action. It is applied only on condition that the employee has already been applied a lighter form of recovery, represented by the remark.
With the help of the remark, the employer achieves several goals at once, as the chance is given to the hired specialist to improve, and measures are being taken to protect themselves from possible litigation. It is not allowed to apply several types of punishments for one violation at once, therefore, if a comment has already been made, then the reprimand can be used only when the next fault is discovered.
The process of reprimanding an employee is divided into the following steps:
- the violation on the part of the hired specialist is correctly recorded;
- an offense report is drawn up;
- the employee is notified of the need for an explanatory note;
- reprimand issued.
Only when the above requirements are taken into account can disciplinary action be taken. Remark and reprimand are effective measures of influence on employees who, for various reasons, violate different requirements of the employer.
If the employee has good reason for absenteeism or other illegal actions, he can avoid punishment. To do this, you need to transfer to the head of the company documents confirming that the actions are connected with good reason.
How is the violation recorded?
A reprimand is a penalty applied only after a serious violation has been identified by the employee. It is important not only to identify, but also to correctly fix it. The rules of this process include:
- the head of the unit where the guilty employee works, draws up a memo addressed to the director of the company;
- this note lists the circumstances of the violation, as well as lists the direct perpetrators of the situation;
- the date of the event is recorded;
- the necessity of bringing the perpetrators to justice is indicated, moreover, as a punishment measure, a disciplinary sanction should be applied.
The head of the company can independently investigate the situation. Often, a special commission is convened, which includes employees of the company. She is studying the circumstances of the event. A sample memo is located below.
Drawing up an act
Based on the revealed violation, a special act is drawn up. It is he who acts as the basis for the issuance of the order, therefore he is necessarily attached to the memorandum. The basic rules for compiling this document include:
- formed by the person in charge of the enterprise;
- signed by three employees of the company, and all of them must work in one unit and witness the offense by another employee of the company;
- a document is drawn up in any form;
- it indicates the same information that is in the official note, but it is not allowed to make comments to the head of the company in it;
- the act necessarily prescribes information that the employee was offered the opportunity to justify himself by drawing up an explanatory note;
- the surname of the direct violator is indicated;
- the act is transferred to the employee for signature, but if he refuses to sign, this fact is recorded in the document.
Such a document is signed by the head of the company. His sample is below.
Explanatory Note Notice
The employee may have good reason for the occurrence of certain violations. Therefore, the employer must give him a special notice on the basis of which written explanations of the misconduct are required.
The explanatory is compiled by the employee only voluntarily, and his right to its formation is provided for by Art. 27 of the Constitution of the Russian Federation and Art. 192 and 193 TC. The notice is provided against signature, after which the note must be drawn up by the employee within two days. Only with such a notice will the employer be able to prove in court that he has met all the requirements of the law in relation to the offending employee before using the reprimand. A sample explanatory can be studied below.
Issuing an order
After all the required actions are completed, an order is issued by the head of the company on the basis of the available documents. The rules for its preparation include:
- formed in an arbitrary form;
- it states that the reprimand is applied to the employee as a disciplinary sanction;
- the document is assigned a serial number;
- Includes information on the date of violation and the circumstances of its occurrence;
- data about the employer and the direct violator are recorded;
- a link is left to other documents drawn up on the basis of the identified violation.
A sample reprimand order can be found below.
Employee reprimands
Information about the reprimand application is entered exclusively in the citizen’s personal card at work. No other documents contain information about this type of disciplinary action. The reprimand data is not entered in the work book, therefore, employees may not worry that their future employers will be able to find out about such a measure of punishment.
But the use of penalties may adversely affect the amount of premiums for the year or other types of incentives provided for in the company. Even when a reprimand is made, an employee of the company can correct the situation, so if no violations on his part are recorded within one year, then the sanction is automatically lifted. It can be removed ahead of schedule if a petition is made by a direct employee or his direct supervisor.
Implications for the employer
The use of disciplinary sanctions has certain negative consequences for the head of the company. Therefore, the nuances are taken into account:
- it is required to correctly execute a reprimand, since otherwise its use may be disputed by the employee in court;
- if there are violations by the head of the company, an employee may draw up a complaint to the labor inspectorate or prosecutor's office, which will lead to unscheduled serious inspections;
- if the reprimand is made without good reason or if the employee has good reason for being late or absent, the labor inspectorate may hold the company administratively liable or even annul the order on the basis of which the penalty is applied.
Therefore, the application of such punishment is allowed only for serious violators who have no grounds for misconduct. It is not permitted, on the basis of a reprimand, to dismiss an employee or deprive him of his salary, since such actions on the part of the employer are illegal, therefore they are easily contested in court.
The concept of strict reprimand
Its difference from the usual reprimand is that it is assigned solely for serious misconduct and only with respect to certain categories of workers enshrined in law. These include:
- employees of internal affairs bodies;
- prosecutors;
- customs officers;
- military personnel.
Legally, a severe reprimand may be applied to these persons. Even standard commercial firms can use this type of disciplinary action, but for this it is important to fix the necessary information about such a punishment in the organization’s internal regulatory documents.
Duration of punishment
Reprimand, like other types of disciplinary sanctions, applies exclusively within a month after the detection of misconduct. After the expiration of this period, it is not allowed to use different penalties.
It is allowed to extend the period if the hired specialist is on sick leave or on vacation. But the deadline is 6 months. If misconduct is revealed after an audit or other inspection, then the employee can be held liable for two years from the date of the violation.
Is it possible to cancel?
If the employer decides that the reprimand is too severe a punishment for a particular employee, then he can cancel this penalty. To do this, it is only necessary to issue another order, canceling the previous document.
A new order may be formed at any time on the basis of Art. 194 TK. Often, a petition is filed to annul a reprimand by the employee or immediate supervisor of the offender.
In the new order, a link to the previous document is certainly left, as well as its number and date of formation.
What if the employee does not agree with the punishment?
If an employee of the company believes that a disciplinary sanction is applied to him in the form of a reprimand, then he can use several methods to protect his interests:
- drawing up a petition addressed to the head of the company, which indicates the request for the removal of punishment;
- sending a complaint to the labor inspectorate, with an explanatory note and evidence that certain actions of the employee are connected with good reasons;
- court appeal.
The appeal procedure must be carried out within three months from the date of issuance of the reprimand order. If government agencies take the side of a hired specialist, then the company is held accountable.
Conclusion
The reprimand is represented by a serious type of disciplinary sanction, which is applied in the presence of significant misconduct and violations by the employee. Its application provides for the need for certain consistent actions by the head of the company.
An employee may appeal the punishment, for which he may apply to the labor inspectorate, court or prosecutor's office. To do this, he must have good reason for committing an offense.