If an employee for various reasons can not cope with the tasks set by the management, or poorly performs labor duties, then he can be brought to disciplinary liability. The decision on the application of punishment is taken by the head of the enterprise on the basis of an official note drawn up by the head of the offending employee. Disciplinary punishment can be presented in three forms, which include a remark, reprimand, or even dismissal. The most commonly used reprimand for improper performance of official duties. An example of such a situation may be the constant lateness of the employee. This penalty is valid for one year, but it can be removed ahead of schedule at the request of the director of the enterprise.
Features of the application of punishment
The main purpose of disciplinary action is to prevent other misconduct that may be committed by an employee of the enterprise in the future. If the person to whom the reprimand has already been applied commits any violations again, he may be fired. However, representatives of the labor inspectorate will not be able to protect him from such negative consequences.
Art. 192 TC contains information about what kind of disciplinary action can be applied to the employee. You can use any type of punishment only if there is evidence of guilt of a particular specialist. The easiest is considered a comment that can be made orally or in writing.
The nuances of reprimanding
A reprimand is made for a year in writing. Dismissal is represented by the most serious punishment, which is usually applied after the employee has been reprimanded.
Before applying any type of punishment, the employer must perform some mandatory actions, otherwise he will violate the rights of the employee.
Grounds for enforcement
A reprimand is made for non-fulfillment or improper fulfillment by an employee of labor duties. Such actions on the part of the hired specialist must be proved by official documents or testimony.
It is the employer who decides that the employee will be reprimanded for improper performance of official duties. Examples of major violations for which you can be reprimanded:
- failure to comply with a direct order or instruction received from the head of the company or immediate superior;
- violation of internal regulations, for example, if an employee is constantly late or skips without good reason;
- refusal to perform work duties prescribed in the job description;
- poor performance of tasks;
- violation of the basic conditions of the employment contract;
- violation of generally accepted rules, for example, appearing at the workplace while intoxicated or smoking in places not intended for these purposes;
- theft.
When studying a specific situation, the leader must consider whether the misconduct was committed by accident or if there was malicious intent on the part of the hired specialist. It is important to find out the opinion of the immediate employee, since if he repents and feels guilty, the employer may limit himself to remarking or reprimanding. If the employee believes that he is not guilty, then this often leads to early termination of employment.
Legislative regulation
A reprimand for improper fulfillment of duties by an employee should be carried out exclusively when taking into account the requirements of the law. Basic information on the use of this type of disciplinary action is given in Art. 193 TC. Therefore, the employer takes into account the following important points:
- the reprimand can be used only within one month from the moment of detection of the violation committed by the employee of the enterprise, and during this period the time during which the employee was on vacation or on sick leave is not included;
- punishable by a period of one year;
- it is allowed to remove the collection ahead of schedule, for which the corresponding application is submitted by the employee to the head of the enterprise.
If there are gross violations, the employer can immediately dismiss any employee.
The frequency of punishment
It is possible to punish an employee only once for one misconduct, therefore, re-collection or additional penalties is not allowed.
If the head of the company is the offender, then the company’s employees themselves can contact the representative body to hold the director accountable. Even a reprimand or other punishment may be applied to him, which is indicated in Art. 195 shopping mall.
How is it taken out?
The manager who wants to hold the employee accountable must understand the rules of the procedure. If the rules are violated, the employee may challenge the reprimand for improper performance of official duties. An example is the situation when a specialist filed a lawsuit against an employer who brought to responsibility an employee who did not come to work. The citizen had evidence that he was in the hospital at that time, as he was hit by a car. Therefore, the judge sided with the plaintiff.
To reprimand an employer must do the following:
- initially a violation is detected by the employee of the enterprise;
- the misconduct is recorded officially, for which a corresponding act is formed, signed by two witnesses who may be other employees of the company;
- further, the employer must require the violator to draw up an explanatory note, which is transmitted to the head within two days;
- if the specialist refuses to explain, then the corresponding act is formed;
- the head issues an order to bring the employee to disciplinary liability;
- the order indicates which punishment is chosen by the director, and also for what reason it is applied;
- personal information about the employee of the enterprise is provided;
- the order is passed to the specialist for review.
If it is established that the employee failed to fulfill his work duties for valid reasons, then no reprimand shall be made for the improper performance of official duties. An example is the situation when a person has an accident, so he skips a working day.
Often, a preliminary check is carried out before a penalty is imposed. It can begin on the basis of memos compiled by other employees of the enterprise.
Contents of the order
The reprimand for non-fulfillment of labor duties is made solely by issuing the relevant order by the enterprise management. This document does not have any strictly unified form, but the following information must be included in it:
- the reason for holding the employee accountable, for which the fact of a committed violation is recorded and a link to the report is left;
- the employee of the enterprise who is reprimanded is indicated;
- an employee of the company who is responsible for the execution of the order is appointed;
- The name of the director is registered, and his signature is also put.
Only on the basis of this document is an employee reprimanded for improper performance of duties. A sample order can be studied below.
Validity
If the employer attracts employees to disciplinary liability, then he must follow the requirements of labor law, otherwise, with the help of the court, a specialist can challenge the reprimand as a disciplinary sanction. The nuances are associated not only with the reason for the misconduct, but also with the timing of prosecution. Therefore, the following rules are taken into account:
- it is only possible to hold an employee accountable within a month after a violation has been discovered by this hired specialist;
- if a citizen committed an offense on January 15, but the employer found negative consequences only on May 1, then a disciplinary sanction can be applied until June 1;
- if the violation is detected not by the head of the enterprise, but by representatives of the fire inspectorate, tax service or other state bodies, then the day when the violation is discovered is the day when the director gets acquainted with the results of the audit;
- if the violation occurred more than six months ago, then it will not work to bring the employee to justice, although you can issue an order for compensation for material damage;
- there is a disciplinary sanction for one year.
Any director of the enterprise can withdraw the penalty earlier than the deadline. Typically, the procedure is carried out on the basis of a request made by the employee or his immediate supervisor. A reprimand for improper performance of duties is not reflected in the work book. An example of an order on the basis of which violators are held accountable can be studied above.
Implications for employees
If a specialist has really committed any serious violation, then he will have to face negative consequences. A reprimand for the improper performance of labor duties or failure to fulfill assigned tasks can lead to some negative consequences for citizens. These include:
- during the validity period of this penalty, the employee will not be able to count on various incentive payments and bonuses;
- the presence of a reprimand negatively affects the level of qualification;
- in case of subsequent violations, the employee may be dismissed, and he will not be able to reinstate himself through the court or through the labor inspectorate.
Due to the above negative consequences, each employee should strive to avoid reprimand. Non-fulfillment of labor duties may result in various misconduct, therefore, any specialist must follow the requirements of the law and take into account the content of the labor contract.
Conclusion
If a person does not cope with his work duties, then he can be brought to disciplinary action. For gross violations often reprimanded. Inappropriate performance of labor duties or refusal to fulfill them is a serious violation on the part of the employee. Due to the existence of such a penalty, an employee cannot claim different rewards or other material payments.
The term of the reprimand is one year, but the director of the company may decide on an early withdrawal.
