A reprimand with entry in the work book: grounds

Disciplinary sanctions relate to methods of punishment that apply to employees who do not fulfill their labor obligations. The most common is a reprimand with entry in the work book. But in order to avoid possible disputes between the parties, it is necessary to approach the penalties from the point of view of the law.

What is meant by disciplinary action

Under the disciplinary action is understood to hold the employee liable for misconduct and non-fulfillment of the prescribed labor duties. According to the law, holding liable is considered a right and not an obligation of the employer.

This means that he can independently decide whether to exercise this right or not. But if the head of the organization wishes to apply disciplinary action, he must adhere to labor standards and legislative aspects. In addition to legal rules, there are ethical ones that employers must remember and follow.

Types of Punishment

In accordance with the Labor Code, the employer may impose the following types of disciplinary sanctions on an employee:

• official comment;
• reprimand or severe reprimand;
• termination of employment.

Also punishable include dismissal from the post and a warning about the non-compliance of the post.

A reprimand entered in the labor book of the Labor Code of the Russian Federation regulates as the most severe form of recovery (not counting the dismissal itself). When imposing a sentence, the employer must take into account the following aspects:

• the severity of the act;
• circumstances of the incident;
• personal qualities of the employee;
• disciplinary behavior in the workplace;
• personal characteristics from previous jobs (if any).

Typically, reprimands are sobering to an employee who has violated discipline. But if awareness has not occurred, the dismissal of an article may rightfully follow.

The following is how to issue a reprimand with entry in the work book (sample document).

The timing

The deadlines for foreclosure are regulated by Art. 193 of the Labor Code of the Russian Federation. A reprimand may be announced within 30 days from the date of detection of misconduct. However, illness or leave cannot be taken into account in this period.

According to the results of inspections, a reprimand cannot be imposed in a period exceeding six months from the date of detection of the misconduct.

If the question concerns an administrative check, then the statute of limitations is no more than 2 years.

A strict reprimand with entry in the work book must be fixed by order, with which the employee must familiarize himself within three days and sign it. If there is no signature, an appropriate act must be drawn up.

The maximum reprimand is one year. At the same time, the employer can mitigate the punishment and withdraw the reprimand. With repeated punishment, an employee may be dismissed.

The reasons

Before making a reprimand for an employee to be entered in the work book, it is necessary to inform him of the reason for which the penalty is applied, indicate the place where the offense was committed with the time, as well as the number.

The causes may be the following actions:

• absence of an employee in the workplace;
• lack of a safety exam;
• refusal of medical examination;
• any kind of intoxication in the workplace.

But there are some reasons that can serve as a reason for reprimand, but without entering into the labor. This includes:

• insulting an official;
• the use of physical force against an official;
• otherwise.

These misconduct can lead to penalties, as well as to criminal liability (in the case of physical impact). Everything will depend on the severity of the perfect act.

Procedure

Documented the process of imposing the penalty consists of several stages:

1. Establishment of misconduct.
2. Requesting an explanation from an employee.
3. Providing employee explanatory.
4. Collection of penalties.

If an employee refuses to present an explanation of his actions to the employer, this does not mean that he will not be reprimanded with entry in the work book. The reasons for this do not disappear, but are only exacerbated by the employee’s unwillingness to prove his innocence.

The most difficult and most important is fixing the employee’s misconduct. To do this, the employer must prove:

1. The abstention of an employee from certain actions was his labor obligation.
2. Labor duties are not performed properly.
3. Employee behavior is against the law.
4. The wrongfulness of behavior should be connected precisely with labor activity.
5. Employee actions must be intentional or reckless.

At the same time, the punishment cannot be applied if:

• the employer does not have the necessary conditions for work;
• the employee is disabled;
• natural disasters occurred, which prevented the employee from going to work;
• the employee carried out other instructions of the employer and the simultaneous execution of several duties is impossible.

If one of the above facts is proved, at the next stage, the employer must request an explanation from the employee. In the explanatory note you must indicate:

• reasons for the misconduct;
• Does the employee consider himself guilty;
• in the absence of fault, the employee must indicate the guilty person.

If the employee refuses to provide an explanation, the employer must draw up an appropriate act.

The penalty imposed must satisfy the following conditions:

1. The severity of the misconduct was taken into account.
2. The conditions under which the offense was committed were taken into account.
3. The previous behavior of the citizen is taken into account.
4. The employee’s attitude to work in general has been taken into account.

If the employer has circumvented at least one of the points, the employee has the right to appeal the reprimand with entry in the work book. Which, in turn, will lead to the obligation to reinstate the employee in the workplace with compensation.

Challenging

A remark or reprimand for a minor misconduct is not included in the labor, but repeated repetition of violations can lead to dismissal.

In the case when a reprimand with entry in the work book is declared unfairly or with errors, it can be challenged:

1. Six months after the violation.
2. If the employee was not informed in due time about the decision issued on the punishment.