In the process of interaction between employees and employers, many controversial issues arise. The legislation contains a number of rules governing such situations. It sets out the responsibility and procedure for imposing penalties on an employee who has committed a violation of labor discipline. The level of income and functioning of the enterprise directly depend on the quality of organization of activities, and the organizational and legal form does not matter at all.

The serious attitude of employees to their duties guarantees not only the absence of various types of penalties, but also the incentives that are usually established by employers. The Labor Code (hereinafter referred to in the article as the Code) obliges enterprises to approve special rules that would regulate internal regulations. They should reflect the main aspects of the labor process. Documentary confirmation of the procedure for carrying out activities by an employee will allow the necessary enforcement measures to be taken if these requirements are not met.

What is labor discipline?

Each enterprise is a complex mechanism, the smooth functioning of which depends on the quality of work of each component part. Before moving on to discussing violations, let’s understand what labor discipline is. It can be defined as a set of rules that are mandatory for all employees (from ordinary employees to managers) that are adopted at the enterprise. Their list includes:

• labor protection rules;
• internal regulations;
• corporate ethics.

The specified documents (codes, memos, etc.) are developed and approved by employers. Supervision of implementation and provision of favorable conditions for compliance with requirements is also entrusted to them. The application of penalties is lawful in the event of a violation of the duties established by law by an employee. The Code defines their list in article number 21. Among the responsibilities:

• conscientious fulfillment of the terms of the employment contract;
• compliance with labor discipline;
• compliance with labor protection and safety requirements;
• responsible attitude towards the property of the employer, other employees and third parties (for the safety of whose property the employer is responsible);
• compliance with established labor standards;
• timely notification of an emergency situation that threatens the lives of employees or the property of the employer.

Existing types of labor discipline violations

If an employee does not comply with the rules, the necessary measures are taken to determine the cause of the incident. In most cases, violations can be divided into three large groups. They are species. Among them are:

• violations of management norms - non-compliance with the established system of subordination and interaction of employees (subordination);
• violations of technological standards (for example, the release of a defective batch of goods due to the fault of an employee);
• violation of regime norms - work schedule (rest and work time, for example, absenteeism).

In case of periodic non-compliance with established norms and the severity of the offense, gross violations are distinguished. These include systematic absenteeism, tardiness, appearing at the workplace in an inappropriate manner (alcohol, drug intoxication), falsification of documents and other similar actions that lead to serious negative consequences. Additional characterizing parameters of improper performance of duties, by which its harm to the organization will be assessed, may be:

• place of performance;
• time and deadline for execution;
• scope of execution;
• form and method of execution;
• subject of execution.

Actions that violate the labor rules established at the enterprise are called disciplinary offenses. When they are committed, certain penalties are provided. Among the most common violations of labor discipline are:

• absenteeism;
• systematic lateness after the lunch break or at the start of the working day;
• Unacceptable appearance – presence at the workplace in a state of intoxication (alcohol, drugs or toxic);
• neglect of labor protection and safety rules, which led to an accident or accident;
• cases of theft of company property, its damage;
• inadequate level of fulfilled obligations (low quality, non-compliance with established requirements);
• disclosure of an organization's trade secrets;
• non-compliance with subordination (disobedience to orders from superior employees, disregard for the hierarchy that has been established in the company);
• committing an immoral act.

If a fact of non-compliance with the rules is detected, a report on violation of labor discipline is drawn up. It is completed by the employee’s immediate supervisor. Two witnesses must be present during the drafting. It is created in two copies: for the employee and for transmission to management, who will decide on the type and amount of the penalty. The form of the act and the persons responsible for its preparation must be approved in the internal regulations.

Expert opinion

Maria Bogdanova

The Labor Code does not reflect good or bad reasons for employee misconduct, so it is very difficult to predict their consequences. Therefore, in this matter, management relies on the arguments provided by the employee (Article 193 of the Labor Code).

If a person does not show up or is late for work, the following may be considered valid reasons for this:

• problems with public transport;
• presence in court or other law enforcement agencies;
• disease;
• emergency hospitalization of a relative,
• P fires, floods and other emergencies.

In this case, the employee must justify the reason for absence in writing and prove it with documents: a certificate, a summons, a sick leave certificate, etc.

What penalties can be applied to an employee?

In case of violation of established labor rules, the employee is liable in accordance with the law. Article 192 of the Code contains a list of possible disciplinary sanctions that can be applied to him. The employer has the right to use them in accordance with the seriousness of the violation and the harm that was caused. The list contains three valid ones:

• a remark is a very minor penalty that does not threaten serious consequences; usually they draw up a violation report and record the remark received; in case of systematic criticism, a more effective punishment is chosen;
• reprimand - a penalty applied when committing an offense (disciplinary); has two forms - strict and ordinary; entered into the order; it is recorded in the labor record only in case of dismissal for improper work or systematic violations;
• Dismissal is the most radical measure used in cases of serious systematic violations that result in material or moral harm.

The management of the organization has the right to deprive an employee of a bonus if this fact is stated in internal documents. For certain categories of employees, other penalties may be applied, which are specified in the relevant federal laws. For registration of violations, there is a general procedure that is used in most companies. The internal regulations usually prescribe the basic requirements for the process and content of the documents necessary for drawing up the act.

Procedure for filing a penalty for violation

When drawing up internal regulations, it is necessary to provide clauses that will reflect the procedure for imposing penalties. In most cases, it is enough to enter a list of violations of labor discipline and the corresponding penalties, indicate the persons responsible for drawing up the acts and enter the required documents. After this, this information is brought to the attention of employees. They must sign the acquaintance certificate. The foreclosure process consists of the following steps:

• drawing up a report - responsible employees, in the presence of two witnesses, fill out a report on the violation;
• receiving explanations - the offending employee indicates in writing the reason for his inappropriate behavior; if the testimony is refused, a mark is placed in the order; a note with explanations is attached to the act;
• issuing an order on violation of labor discipline - management, based on the documents received, makes a decision regarding the incident; There is no approved form, but mandatory information is indicated - the content of the offense, the date and time of commission, the type of penalty, documents regulating the actions of management.

The employee must be familiarized with the order within three days (subject to signature). A copy of it is included in the employee’s personal file. When imposing a penalty, the severity of the offense must be taken into account. They must be proportionate. In the most serious cases, where there are repeated instances of inappropriate work behavior, the only possible punishment may be dismissal for violation of labor discipline.

Expert opinion

Maria Bogdanova

More than 6 years of experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

Another important factor when choosing a punishment in the form of dismissal may be a gross violation by an employee of the rules of the work schedule or labor process, even if this happened for the first time.

In general, when dismissing for violation of labor discipline, three mistakes are often made:

• the deadline for the imposed penalty has expired,
• its illegal imposition,
• lack of consent to dismissal from the labor inspectorate if we are talking about a minor employee.

Dismissal of an employee may occur for violation of labor discipline under the following circumstances: absence of a valid reason, failure to remove the previous penalty at the time of repeated violation. This penalty has a legal basis, since there is an explanation for the action set out on paper.

The dismissal of an employee is a disciplinary sanction, so it must follow all the rules enshrined in Article 193 of the Labor Code of Russia. It is always worth remembering that before proceeding with the procedure for dismissing an employee, it is imperative to obtain an explanation from him in writing. In case of refusal to write an explanation, an act must be drawn up in the presence of 2-3 people in which this is recorded. After this, a dismissal order is issued, which the dismissed employee must familiarize himself with on the same day.

If the employee refused to sign the order, then again an act is drawn up in which this is reflected. And only then a note about dismissal is made in the work book.

Example text

There is a limited period for imposing a penalty, which is equal to one month from the date of violation. After six months, no punishment can be applied. The exception is violations the fact of which was established during the inspection process, then the period is extended to two years. It is important to note that depreciation does not apply to fines, since bonuses are a means of encouragement. Penalties for violation of labor discipline are a necessary measure that promotes a more responsible attitude of the employee towards his job responsibilities. Before the expiration of 1 year, in the presence of someone’s initiative supported by a management decision. The initiative can be taken by the employee himself, his immediate superior or the work team.

A note about the removal of a penalty, as well as about its imposition, is entered in the employee’s personal card.

What else do you need to remember?

The application of punishments for violation of labor discipline to the offending employee is carried out in strict accordance with current legislation. Each enterprise must develop rules regulating the internal procedures of the company. They describe the fundamental aspects of the work process. Employees must be familiar with them by signature.

Employees bear full responsibility for violation of labor discipline. By signing an agreement at the beginning of cooperation, they agree to the requirements and responsibilities established for them. If a fact of non-compliance with agreements (terms of the contract or internal rules of the company) is detected, a report is drawn up

A thorough study of the circumstances of the current situation is mandatory. In some cases, an employee is forced to violate established requirements in order to avoid more serious consequences for the company. It is for this reason that management needs to take every recorded fact seriously. Proper organization of work, including a system of “reward-punishment”, will reduce possible conflicts in the process and help increase employee productivity, and, accordingly, company profit.

Video - “Introductory training on labor protection”

Penalty measures applied to an employee for violation of labor discipline are approved by Article 192 of the Labor Code of the Russian Federation. In this article we will look at the grounds on which a penalty for violation of labor discipline can be issued, and we will also consider a sample act of disciplinary action.

Punishment for violation of labor discipline under the Labor Code of the Russian Federation

Article 192 of the Labor Code of the Russian Federation provides for the following types of punishments applied by the employer for violation of labor discipline by an employee:

• comment;
• rebuke;
• dismissal.

The listed types of penalties are not self-exclusive and can be applied in any order, depending on the severity of the employee’s offense, as well as on the circumstances that influenced the employee’s violation.

In general, penalties for violation of labor discipline are applied in the following cases:

1. Performing actions that led to the accident. If an employee committed actions that led to an accident, breakdown of production equipment, or endangered the life and health of other employees, then the employer has the right to bring the culprit to justice under the Labor Code of the Russian Federation.
2. Theft of employer's property . The basis for recovery may be embezzlement of company funds, theft of production equipment, use of company property and damage to it.
3. Systematic violation of labor regulations. An employee who is regularly late for work, leaves the workplace prematurely at the end of the working day (shift), and also violates other labor regulations may be subject to penalties.
4. Improper performance of job duties . The employer has the right to hold accountable an employee who performs his or her job duties in an improper manner, incompletely (for example, not fulfilling the plan), or in violation of the established technology.
5. Refusal to undergo compulsory training. The Labor Code of the Russian Federation provides for the mandatory completion of fire safety training for employees, as well as a medical examination in the prescribed manner. If an employee refuses to take the established measures, the employer has the right to apply penalties to the employee.
6. Insubordination . Refusal to carry out the manager’s order, direct disregard of his recommendations, as well as actions committed by an employee with the aim of undermining the authority of the boss may serve as grounds for bringing the employee to justice based on the provisions of the Labor Code of the Russian Federation.

In addition, penalties may be applied to an employee who comes to work under the influence of alcohol or drugs. In this case, the employer does not need to prove the systematic nature of illegal actions. Also, for penalties, it is not necessary that the employee committed actions that led to the accident, because being in the workplace while intoxicated in itself poses a threat to the work process, and in some cases, to the safety of employees.

Is it possible to fine an employee for violating labor discipline?

Clause 4 of Art. 192 of the Labor Code of the Russian Federation approves the inadmissibility of penalties in a form other than that provided for by the Labor Code of the Russian Federation, as well as federal labor laws. Thus, the employer does not have the right to collect fines or make other deductions from the employee’s salary in connection with his violation of labor discipline.

At the same time, the employer can “punish” the employee financially if the employee’s salary is paid with a variable part (salary + bonus/surcharge/bonus). In this case, the recovery is carried out on the basis of an employment contract, according to which the employer has the right not to pay the employee a bonus in case of violation of labor discipline, if there is the necessary documentary evidence.

How to file a penalty for violation of labor discipline

Below are step-by-step instructions that will help the employer file a penalty for violation of labor discipline.

Stage-1. Establishing the fact of violation of labor discipline

The first stage of the penalty is to establish the fact of violation of labor discipline by the employee. In general, this fact is determined on the basis of a memorandum drawn up by the employee’s manager or colleague. The form of the memorandum is not established by law, so the manager can draw up the document in free form, indicating in it:

• Full name, position of the employee who violated labor discipline;
• fact of violation (description, date);
• information about other violations committed by the employee previously;
• request for disciplinary measures (reprimand, reprimand, dismissal).

Stage-4. Obtaining explanations from an employee

After receiving the report, the head of the company contacts the employee to obtain an explanation as to the reasons for the incident. As a rule, a conversation with an employee is carried out orally, followed by the employee drawing up an explanatory note.

Like a memo, an explanatory note is drawn up by an employee in free form addressed to the head of the enterprise. In the text of the document, the employee describes the reasons for his misconduct, and, if necessary, supports his explanations with documents confirming the presence of valid reasons (for example, if he does not show up for work, sick leave may be provided).

The deadline for submitting an explanatory note is within 2 days from the date of issuing the report regarding the identified violation.

Stage-3. Drawing up an act of violation of labor discipline

Based on the report, other documents confirming the employee’s violation of labor discipline, as well as the employee’s explanatory note, the head of the company, in the presence of two authorized persons (employees of the company), draws up a report on violation of labor discipline.

In the text of the document, the employer describes the circumstances of the violation, as well as the employee’s explanations. If an employee refuses to provide an explanatory note, this fact should be recorded in the act.

After drawing up the act, it is signed by the manager, authorized persons who were present when drawing up the document, as well as the employee in respect of whom the fact of violation of labor discipline has been established (column “Acquainted”).

The act is drawn up in 2 copies, one of which is transferred to the personnel department to be reflected in the personal file of the offending employee, the second copy is given to the employee for review.

Stage-4. Drawing up an order for disciplinary action

Based on the act, the manager issues an order to impose penalties on the employee who has violated labor discipline. When determining a sanction (reprimand, reprimand or dismissal), the following is taken into account:

• the systematic nature of the actions taken;
• presence of other facts of violation on the part of the employee;
• employee reputation (level of responsibility when performing work, professionalism, attitude of colleagues).

The order is the basis for the application of penalties (remark or reprimand) with subsequent reflection in the personal file (Form T-2). An entry about a reprimand or reprimand is not made in the work book.

If the manager decides to dismiss an employee due to misconduct, then on the basis of an order to apply a disciplinary sanction, a dismissal order is drawn up, followed by an entry in the work record book.

Each institution operates in accordance with internal labor regulations - this is stated in labor legislation. The law attaches great importance to discipline. Violation of labor discipline entails serious consequences, which every employee should be aware of. In this article we will look at all types of labor violations, penalties for them, as well as examples of non-compliance with discipline.

Work discipline – what do you need to know?

Production discipline presupposes compliance with rules and regulations by all employees of the organization: from the lowest level to management. In turn, these norms must be approved, and conditions must be provided for the team to fulfill its obligations (Labor Code of the Russian Federation, Article 190). If this is not done on time, responsibility for failure to comply with work discipline falls on the shoulders of the employer, not the workers.

Production discipline presupposes compliance with rules and regulations by all employees of the organization: from the lowest level to management.

The concept of labor discipline includes the following obligations of employees set out in the Labor Code of the Russian Federation (Article 189 of the Labor Code of the Russian Federation):

• Compliance with labor standards established by the institution.
• Careful attitude towards.
• High-quality performance of work duties.
• between managers and subordinates.
• Notifying the general director of the enterprise about an emergency situation.
• Compliance with the rules and requirements of regulations adopted by the management of the enterprise.

Failure to comply with these points constitutes a violation of labor discipline and leads to punishment.

Violation of labor discipline and its types

There are several types of violations of industrial discipline. They are classified in accordance with the standards established in production: violation of management, regime and technological standards.

Violations of discipline are classified in accordance with the standards established in production.

Regular non-compliance with discipline can include an employee’s ignoring the work schedule and the need to rest. Technological offenses are responsible for the release of products and their rejection, and managerial offenses are responsible for non-compliance with subordination and incorrect coordination of the enterprise’s workforce.

Failure to fulfill official duties is divided according to the place, method, timing, form and scope of execution.

The main violations of labor discipline include:

• Misconduct related to labor protection that led to emergency consequences.
• Failure to fulfill official duties in full.
• Ignoring orders from superiors.
• The appearance of an employee at the enterprise in a state of intoxication (alcohol, drugs, other psychotropic substances) and other immoral acts.
• Absenteeism or untimely departure from the workplace.
• Refusal to undergo training to improve the employee's qualifications.
• Failure to undergo a medical examination in a timely manner.
• to the workplace.
• Deliberate disregard for the rules and regulations of labor discipline.
• Theft of organization property, its damage.

Systematic disregard of the rules is regarded as a gross violation of labor organization and threatens with dismissal.

Penalties for violation of discipline

Punishment measures for misconduct include reprimand, reprimand (LC RF, Art. 192).

The remark does not entail significant consequences, however, a document must be drawn up by the manager regarding the fact of the act. A sample act of violation of discipline reflects the essence of the offense, the worker’s explanation and the measures taken.

Punishment measures for misconduct include reprimand, reprimand and dismissal.

The reprimand can be ordinary and severe. Both of them are not included in the work book, but their recording in the order is mandatory. Receiving two or more reprimands may result in termination.

Dismissal is also appropriate in case of regular disregard of labor organization rules and when committing a gross misconduct. The corresponding decision is made on the basis of the provisions of the enterprise documents.

Any employee of the institution is responsible for violation of labor discipline. In the latter case, the manager can apply penalties at his own discretion, paying attention to the severity of the violation.

For the preferential class of workers (part-time pregnant women), special penalties are provided.

Drawing up an act of committing a misdemeanor

Two copies of the normative act are drawn up if there are two or more eyewitnesses. The document submission form is approved in accordance with the organization’s labor regulations.

Statement of the employee's explanations

The explanation must be submitted in writing. They usually give you 2 days to write it. If an employee refuses to write an explanation, this fact is recorded in the order.

Issuance of an order to impose punishment

There is no specific sample of this order (only the dismissal order is approved in a clear form). But in the act, the founder is obliged to indicate the essence of the offense, its type, date and moment of commission, and also list the documents regulating the punishment of the employee. The order must be signed by the director of the enterprise, the personnel officer and the employee’s production manager.

This normative act is not displayed in the work book.

The employee is given three days to familiarize himself with the order and sign it.

Drawing up an act on the removal of punishment

If the employee has not committed any misconduct during the year, the penalty is eliminated. If the management of the organization decides to remove the punishment from the employee early, a corresponding act is drawn up. The reasons for canceling the punishment should be reflected here.

If the employee has not committed any misconduct during the year, the penalty is eliminated.

The time for imposing penalties is limited to 1 month. If a violation was discovered during audits, the penalty period increases to 2 years.

An example of non-compliance with rules in production

The most common violation of labor discipline is being late for work. At the same time, the manager should not rush to impose penalties on the employee, but first understand the reason for the tardiness. A one-time violation can be left without punishment, since the reasons may not depend on the employee.

Systematic lateness to work may be punishable by a fine, a severe reprimand, and if late by 4 or more hours, by dismissal.

Each employee of the enterprise must clearly know his rights and obligations, as well as penalties for committing offenses. Penalties for violation of work discipline must have valid grounds. Unreasonable punishments or punishments imposed outside the established procedure (for example, in the absence of witnesses to the violation) can be challenged by the trade union and the managers will be held accountable.

Often, the boss, inspired by watching Hollywood films, allows himself the sharp phrase “You’re fired” on every convenient and inconvenient occasion. However, familiarity with the norms of the Labor Code makes it clear that dismissal for violation of labor discipline is not an easy task. So that the manager himself does not have to explain himself in court, the personnel service will have to remind the relevant provisions of the Labor Code of the Russian Federation.

What is work discipline?

When an employer starts talking about dismissal for systematic violation of labor discipline, he means the employee’s failure to comply with the requirements of Article 189 of the Labor Code of the Russian Federation. It stipulates that the responsibilities of the parties to the employment agreement include strict compliance by hired persons with the internal regulations of the enterprise, as well as the creation by the employer of the most favorable conditions for this.

The rules of conduct for employees within the enterprise during working hours cover a fairly wide range of issues:

• operating mode;
• hiring and firing procedures;
• localization of jobs (in the meaning of Article 209 of the Labor Code of the Russian Federation);
• the main duties and responsibilities of the parties;
• conditions for bonuses and penalties;
• other significant aspects of labor relations.

A wide range of issues related to the concept of labor discipline allows almost any employee’s misconduct to be subject to disciplinary punishment.

Types of labor discipline violations and grounds for dismissal

There is no exact list of situations that clearly qualify as a violation of work discipline in the Labor Code. When determining the reason for an unplanned settlement, it is customary to conditionally divide all offenses into one-time gross and systematic ones, occurring constantly or at least twice.

Immediate termination of the employment contract will provoke: absenteeism or long-term (more than 4 hours in total per day) absence from the workplace, being at work under the influence of alcohol or drugs, theft or causing harm to the enterprise, as well as deliberate failure to comply with labor protection requirements. A correctly documented fact, even a single, similar action by an employee, will entail the appearance in his labor report of clause 6 of Article 81 of the Labor Code of the Russian Federation.

A little longer, the employer will tolerate deliberate disregard of official duties. In order to get rid of an irresponsible employee, management must record at least two cases of laziness on the part of the hired person within 365 days. In this case, you can apply clause 5 of Article 81 of the Labor Code to the employee and dismiss him for systematic violation of labor discipline.

Responsibility for violations

Parting with an employee under the article for repeated violation of labor duties is, rather, a way of influencing employees. More often, to restore order in the team, the employer resorts to more loyal types of punishment. Article 192 of the Labor Code of the Russian Federation, in addition to dismissal for failure to comply with labor discipline, as the strictest penalty, provides two more types of punishment:

• remark (for non-serious cases, which, nevertheless, cannot be ignored);
• (for more serious offenses that entailed negative consequences, or required a lot of effort and money to correct them).

The employer has the right to apply any of them if the employee’s guilt is proven and the method of influence is proportionate to the gravity of the crime, Art. 192 TK. Moreover, management is free to choose a less severe punishment for the employee, or may refuse it altogether, Art. 193 TK. The director’s competence also includes the early removal of a previously imposed penalty, Art. 194 Labor Code of the Russian Federation.

Dismissal procedure

Any violation must be considered on its merits, taking into account all mitigating and exculpatory circumstances. Article 192 of the Labor Code of the Russian Federation calls the employer to do this. If the employee’s guilt is undeniable and management is not inclined to stand on ceremony with the offender, personnel officers will have to go through the difficult formal path of preparing documents for dismissal for failure to comply with labor discipline. And in order not to replenish the archive of judicial practice in favor of the employee, you must not skip a single step.

Certification of the fact of violation

Recording an offense is the starting point for applying any disciplinary sanction. The employer’s confidence that the employee will not be able to challenge the legality of dismissal for violation of labor discipline depends on how completely and objectively the procedure is carried out:

Real life situations can go far beyond the standard options. The main thing when preparing documents is objectivity, as well as the involvement of disinterested witnesses and experts.

Issuing a warning to an employee

Even if the situation is interpreted unambiguously and, in the employer’s opinion, the employee deserves the most severe punishment, it will not be possible to apply it without an explanation from the employee. The law obliges the employer to request them from the offender in writing, Art. 193 Labor Code of the Russian Federation.

There is a generally accepted form asking the employee to prove his innocence, but you can make your own changes to it if this applies to what happened. If the employee refuses to receive the request, then it must be read out loud and the refusal must be confirmed by the signatures of witnesses. Or formalize this fact in a separate act.

Preparation and receipt of an explanatory note

The employee is given two working days to substantiate the unintentionality of his actions or prove the occurrence of insurmountable circumstances. During this time, he can obtain the necessary certificates, seek advice from a lawyer, or simply state the reasons for his behavior.

Often the employer demands urgent or threatens immediate dismissal. In this case, the employee should not rush or be afraid: the management is not able to influence the deadlines. But in order for management not to succumb to the temptation of quick reprisal, the employee must receive a copy of the demand against his signature, and when handing over the explanatory note to the director, make him sign on the second copy.

Consideration and assessment of the fact of violation

Since dismissal for failure to comply with labor discipline is an extreme measure, decision-making often occurs collectively. It would be better if the boss’s conclusions were confirmed by members of a specially created commission. If an employee is a member of a trade union, then taking their opinion into account is also indispensable.

Individual adoption of radical measures threatens the employer with inspections by labor inspectors, the prosecutor's office, and, in the worst case, a court decision not in his favor.

Order of dismissal for violation of labor discipline

The final act, in an unfavorably developing situation, will be an order of dismissal. You can take the unified T8 form as a sample. The only difference from the standard order to terminate an employment contract will be the basis for the calculation - the mention of one of the paragraphs of Article 81 of the Labor Code of the Russian Federation.

Time limits for dismissal

The mere fact of a gross violation of discipline does not predispose the authorities to show patience with the offender. Therefore, dismissal as a disciplinary measure is not long in coming. But if the situation requires consideration or investigation, then the employer must remember that the law gives him only thirty days from the moment the offense was discovered, Art. 193 Labor Code of the Russian Federation. This means that management will not be able to threaten dismissal and keep the employee in constant tension. The law insists: either a proportionate punishment within a month, or complete forgiveness of the offense.

Those employees who plan to hide from the wrath of management on vacation or on sick leave should know that these periods are excluded from the period allotted for making a decision on the fate of the negligent employee, Art. 193 Labor Code of the Russian Federation. That is why, after a sudden exacerbation of chronic illnesses, no matter how long it lasts, the hired person will have to give written explanations about the reasons for his behavior.

There is one more restriction: you cannot punish for a violation that is discovered six months after it was committed. This period is extended only for those events that can only be discovered through an audit or through the involvement of auditors. Then the collection may occur two years later.

How is the calculation made and is it done?

Of course, dismissing an employee for failure to comply with labor discipline is not the most pleasant procedure, first of all, for him. However, this does not mean that a person can be deprived of everything he earned during the time he devoted to the company.

Whatever article is specified in the order to terminate the employment relationship, the employee has the right to:

• current salary;
• compensation for vacation (main, additional, special);
• reimbursement of overexpenditures on accountable amounts;
• bonuses for exceeding the norm, if established;
• payment for overtime hours and time worked on holidays and weekends;
• all bonus payments stipulated under a collective agreement or other local act, unless they are made dependent on the reason for dismissal.

An employer, wishing to punish an employee more severely, cannot refuse to issue timely employment documents, required certificates and copies. He is obliged to provide all other documents that the former employee may require in the future. When dismissing for violation of labor discipline, it is better to confirm your decision with the findings of the commission, the opinion of experts and coordinate this with the trade union, if there is one.

What entry is included in the labor record?

The wording containing the dismissal order is transferred to the work book. Therefore, if there is a mention of absenteeism or alcohol intoxication, the employee is guaranteed to read the same on the pages of his work report. A brief explanation of the reasons for ending the relationship with a specialist will not be enough. The law determines that the employer must specify the clause and article of the Labor Code of the Russian Federation.

In case of dismissal for violation of labor discipline, it is necessary to make a record that the calculation was carried out in accordance with Art. 81 TK. But the subparagraph that will be indicated depends on the circumstances:

• paragraph 5 – repeated (systematic) failure to fulfill duties;
• paragraph 6 – one, but gross violation;
• paragraph 10 - in the event that the same actions are performed by the head of the enterprise or his deputies.

Arbitrage practice

Labor legislation in Russia is quite loyal to hired workers. Based on most cases of judicial practice, when the situation raises doubts about the objectivity of the employer, the decision is made in favor of the employee.

Most often, debates arise when the company's management tries to prove the legality of dismissal due to the employee's regular failure to fulfill his job duties. It is also not easy to prove repeated intentional violations of labor safety rules. To defend their own case, management must prepare an impressive package of supporting documents, otherwise they face serious liability.

It is much easier to prove to the court that dismissal for failure to comply with labor discipline was carried out in accordance with all the rules if the employee committed a gross and obvious violation (absenteeism, drinking alcohol or proven theft, for example). Naturally, this matter will only become simple if the employer timely and accurately recorded the circumstances and consistently completed all stages of the legal procedure.

Even the most valuable specialist must be aware that labor regulations apply to all team members, without exception. The Labor Code, in this regard, provides the employer with the broadest powers and approves dismissal for systematic violation of labor discipline if other measures have not had the desired effect.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

The law states what responsibility an employee bears for violation of labor discipline and what penalties are provided for in this case. Let's consider this issue in more detail.

You will learn:

• What types of violations of labor discipline are prescribed in legislative acts.
• What is the procedure for penalties for violation of labor discipline?
• How is a reprimand issued for violation of labor discipline?
• For what violations of labor discipline can an employee not be dismissed?

What does violation of labor discipline mean?

Violations of labor discipline by an employee can be different, but they can be divided into two main groups:

• minor violations, the consequences of which do not seriously affect the normal operation of the enterprise and the results of its activities. This category includes, for example, a small one-time delay to work;
• rude violations of labor discipline by an employee, which, even if committed once, can lead to significant negative consequences for the company. Here we can talk about non-compliance with safety precautions and injury to an employee.

Download the act of violation of labor discipline (sample)

It is often quite difficult to distinguish between these concepts. Often, even minor violations can cause negative consequences for an enterprise if they are repeated regularly.

Download a sample reprimand for violation of labor discipline in the form of an order

The Labor Code of the Russian Federation does not say what reasons for violation of discipline are considered valid. It is impossible to predict what might happen, and therefore the manager must consider this issue taking into account the arguments provided by the employee (Article 193 of the Labor Code of the Russian Federation).

Good reasons include, for example:

• interruptions in public transport and traffic jams on the way to work;
• summons to law enforcement agencies and court;
• employee illness;
• urgent hospitalization of a relative in need of emergency care;
• emergency situations: fires, natural disasters, due to which the employee was unable to arrive at work on time.

In this case, the employee is obliged not only to justify in writing the reason for his absence from work, but also to present documentary evidence of the existence of valid reasons. Documentary evidence includes certificates, acts, summonses, sick leaves, etc.

Main types of labor discipline violations

Labor discipline is a set of rules of behavior that all employees of an enterprise, both managers and lower-level employees, are required to observe. Labor discipline includes:

• internal labor regulations;
• labor protection rules;
• corporate ethics, etc.

In accordance with the Labor Code of the Russian Federation, each enterprise is obliged to formulate rules of internal labor discipline with a description of all the nuances of the work schedule and work process: the company indicates at what time the working day begins and ends, how bonuses are calculated and issued, and how trade secrets are maintained.

Violations of labor discipline by an employee can be of a different nature. Thus, an employee may violate:

• management norms - subordination and coordination in managing the work process;
• technological standards;
• Regime norms of working time and rest time.

That is, if an employee is guilty of releasing defective goods, then, in accordance with this classification, he commits a technological disciplinary offense; if he skips work or is significantly late, then he violates regime norms. In all cases, the employee is liable for violation of labor discipline.

If an employee violated discipline, then, accordingly, he committed a disciplinary offense. Note: there is a significant difference between the material and disciplinary liability of an employee. An employee may also incur financial liability upon termination of the employment relationship if the company suffered material damage during the period while he was officially working there.

Violation of labor discipline, as already noted, can be different. Depending on the type of violation, the reasons for the incident are investigated and the necessary papers are collected.

An employee is considered to have violated labor discipline if he:

• appeared at work in a state of alcohol, drug or other type of intoxication;
• violated labor safety rules, resulting in an accident or incident;
• skipped work;
• committed theft, embezzlement, damaged equipment or other property of the company;
• was repeatedly late for the start of the shift and after the lunch break, left the workplace before the allotted time during the lunch break or at the end of the working day;
• disclosed a commercial secret of the enterprise;
• did not fulfill his job duties in full or performed them poorly, that is, did not comply with the quality criteria adopted by the company;
• refused to undergo training or medical examination if it was necessary for the professional and high-quality performance of job duties;
• grossly violated the chain of command in the organization;
• committed an immoral act in the workplace;
• directly ignored written instructions and orders from management;
• deliberately failed to comply with the requirements of the instructions and rules in force at the enterprise.

If an employee appears at work in a state of intoxication, commits theft proven in court, commits an immoral act, or falsifies documentation, the court regards this as a gross violation of labor discipline.

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What punishment can be applied for violation of labor discipline?

Based on the Labor Code of the Russian Federation, all employees are required to comply with labor discipline and the company’s internal regulations, follow job descriptions, and know the contents of documents on labor protection and work procedures. He must sign all documents that the employee has read. If he violates labor discipline, the employer has the right to impose penalties at his discretion. The type of penalty depends on the severity of the violation of labor discipline by the employee.

In Art. 192 of the Labor Code of the Russian Federation specifies the penalties that an employer has the right to apply against an employee:

• rebuke;
• comment;
• dismissal for violation of labor discipline (Labor Code of the Russian Federation).

The employer also has the right to deprive a negligent employee of bonuses (as part of a reprimand, if the internal documents of the organization allow this).

For certain groups of employees, whose labor functions are regulated by separate federal laws, other types of penalties for violation of labor discipline apply.

• Reprimand for violation of labor discipline.

If an employee commits an offense, a report on violation of labor discipline is drawn up. The report reflects what the offense was, includes the employee’s explanations and the reprimand received. A direct remark cannot become something serious for an employee and lead to big troubles. However, if this person again violates labor discipline, then it will be possible to speak with confidence about a systematic violation of the routine.

• Reprimand for violation of labor discipline.

As a rule, a reprimand is issued for a disciplinary offense. There are ordinary and severe reprimands. The reprimand is not recorded in the work book, but entered into the order. In the book, information about the reprimand is written only if the employee is fired for poor performance of work duties and regular violation of labor regulations.

• Dismissal of an employee for violation of labor discipline.

Dismissal is the most severe punishment. An employee can be fired if he systematically violates labor discipline, fails to fulfill his job duties, and also if he commits a gross disciplinary offense.

For example, educational organizations have the right to terminate employment relations with an employee who has acted immorally.

The practitioner tells

I punish you with extra work

Alexander Elin,

General Director of the audit company "Audit Academy", Moscow

Despite the fact that the company's regulations mention certain penalties applied for violation of labor discipline, we try not to use them in practice. To influence an employee who has violated labor discipline, I do this: I suggest that such an employee complete a task that is much more important than what he did before. As a rule, this gives positive results: after successfully completing a task, the employee’s self-esteem increases, he feels more significant and begins to do everything that depends on him, so as not to violate discipline in the company in the future.

Typically, we impose fines for violations of labor discipline or reprimand them for employees who repeatedly violate the rules, as well as for those employees whose misconduct caused the company to suffer financial losses.

• Dismissal under an article: how to take tough measures against the offender

What is the procedure for penalties for violation of labor discipline?

1. Act on committing a disciplinary offense.

If an employee commits any disciplinary offense, a report on violation of labor discipline is drawn up. This document is prepared by his immediate superior in the presence of two witnesses.

Two copies of the act are required: one is handed over by the employee’s immediate supervisor to senior management so that he can make a decision on the penalty, and the other copy is received by the employee. The form of the document and the persons responsible for its development should be stated in the company’s internal labor regulations.

1. Employee's explanation.

The employee must explain in writing why he committed the offense. Note: it is better to demand an explanation in writing in order to record this fact. If an employee refuses to explain why he committed a violation of labor discipline, this is mentioned in the report.

The period given to the employee for an explanation is two days. An employee’s refusal to draw up an explanatory note does not exempt him from imposing a penalty.

The employee's explanatory note is accompanied by an act describing the violation of labor discipline; a memorandum from the employee’s immediate supervisor must also be submitted. This set of documents is passed on to senior management, who, in turn, makes a decision on penalties.

1. Order on violation of labor discipline.

Having studied all the circumstances of the employee’s violation of labor discipline and all the necessary documentation, the head of the company issues an appropriate order.

There is no standard form of the order (the exception is the dismissal order, which is developed according to forms No. T-8 and No. T-8a, approved by Resolution of the State Statistics Committee of the Russian Federation of January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for labor accounting and its payment"). But at the same time, the document must clarify what disciplinary offense the employee committed, when it happened (date and time) and what penalty is provided for such a violation. It is also necessary to list the regulatory documentation. The collection order must contain the visas of the manager, the head of the structural unit (or the direct superior of the employee), as well as the director of the company’s personnel department.

The Labor Code of the Russian Federation on violation of labor discipline states that such an order is not entered into the employee’s work book. The exception is dismissal for violation of labor discipline - this is regulated by the Labor Code of the Russian Federation. A copy of the order can be filed in the employee’s personal file. The period for mandatory familiarization of the employee with the collection order is three days. After review, the employee signs the document.

The penalty must be justified, and its severity must correspond to the severity of the violation.

1. Order to lift a disciplinary sanction.

If the company management makes an appropriate decision, the disciplinary sanction for violation of labor discipline against the employee can be lifted within one calendar year. This decision is supported by a corresponding order. The document indicates the basis and reason why the penalty is being lifted. The employee is introduced to the order to lift the penalty in the same manner as the order to impose the penalty.

If a year has passed and the penalty has not been lifted, even if during this period the employee has never violated labor discipline, then the penalty will be lifted from him automatically. After cancellation of a penalty, it is considered that the employee has never received it before.

When considering the issue of applying a penalty for a disciplinary offense, management must take into account the deadlines prescribed in Art. 193 of the Labor Code of the Russian Federation:

• the period for applying the penalty may be equal to one month from the moment the employer discovers the violation. At the same time, the specified period does not include the time during which the employee was on vacation and sick leave, as well as the period during which the opinion of the trade union is taken into account;
• a sanction can be applied to an employee only if six months have not passed since the actual violation of labor discipline. However, for violations identified as a result of an official inspection, this period increases to two years.

That is, even if a violation was discovered a couple of weeks ago, but more than six months have passed since it was committed, it is impossible to apply punishment.

The practitioner tells

How to properly punish employees in case of violation of labor discipline

Elena Karsetskaya,

lawyer, leading expert of the Personnel System

If you intend to dismiss an employee for systematic violation of labor discipline, make sure that the labor duties he violates are specified in the contract.

An employee can be required to perform only those functions that are specified in his employment agreement, job description or local regulations. Moreover, after familiarization, the employee is obliged to sign these documents - they are provided to the person for study when he is hired (paragraph 10, part 2, article 22 of the Labor Code of the Russian Federation).

If this condition is not met, the court may consider that the employee was fired illegally for repeated failure to fulfill labor obligations (appeal ruling of the Bryansk Regional Court dated January 20, 2015 in case No. 33-90/2015, 33-4441/2014).

In companies where employees who violate labor discipline are not reprimanded, and managers do not pay due attention to minor offenses, the quality of work decreases. In the future, more and more employees begin to systematically violate discipline, because they know that punishment will not follow. All this together reduces profitability and worsens the reputation of the enterprise.

If disciplinary action is taken against employees for violating labor discipline, a reprimand should be given to everyone who committed the violation, and not to just one person. If a manager acts differently, the psychological climate in the team deteriorates. Employees become less loyal to the company, their motivation decreases and increases. This, of course, affects the activities of the entire company.

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How to issue a reprimand for violation of labor discipline

Before issuing an order for disciplinary action in the form of a reprimand, the enterprise must record the violation and prove that the employee is truly guilty. The manager must require the employee to explain what happened in writing, to establish the presence or absence of a valid reason (if there is one, the penalty will be more lenient). Within two days after drawing up the act, the employee responds to the demands presented to him in writing.

The basis for issuing an order to apply punishment in the form of a reprimand or reprimand is a written explanation from the employee. Punishment is not applied if it is impossible to establish the fact of a disciplinary offense or it becomes known about the circumstances that led to the violation on the part of the employee.

If an employee is guilty of causing material damage to the company, he will compensate it in full - voluntarily or through the court. In this situation, a penalty order is not always formed in the form of a remark, since employers often decide to terminate the employment relationship with such employees under the article.

The employer has the right to reprimand the employee within a month from the moment the violation is discovered. If the violation was identified by the audit or auditing, then the reprimand is applied for six months. At the same time, the employer does not have the right to apply different penalties for the same offense.

An order for punishment in the form of a reprimand is developed only if the employee continues to work in the company. There is no need to make an entry in the work book, but it is entered into the employee’s personal card. The validity period of the reprimand is one year from the date of issuance of the order.

In some cases, early withdrawal of foreclosure is allowed, namely:

• if the employee submits a corresponding request in writing;
• if the employer makes a corresponding decision;
• if this is requested in writing by the head of the unit where the employee who violated discipline works;
• if a trade union requests this in writing (if there is one in the organization).

If the order to apply a disciplinary sanction was developed less than a year ago and the employee again committed a violation of labor discipline, the employer has the right to terminate the employment relationship with him and reflect this fact in his work record book. Let us note: these are extreme penalties, and it is not very reasonable for management to apply them to representatives of rare specialties or highly qualified personnel. The law allows dismissal for violation of labor discipline (the Labor Code of the Russian Federation), but this step is not mandatory.

The practitioner tells

If violation of labor discipline has become a habit

Natalia Volkova,

Associate Professor, Department of Business Economics, Biysk Technological Institute, Altai State Technical University (Biysk)

Let's consider the situation related to regular violations of labor discipline using a specific example. Sergey N. runs the small enterprise “M”, which has been supplying production equipment to companies for more than 15 years. During the period of working activity, a rather favorable atmosphere was formed in the company’s team. Many specialists have been working in the company since its founding, including chief accountant Maria L., who is due to retire in a few years. However, the manager began to notice that Maria L. was violating discipline: she was late, stayed late from her lunch break, and often left work earlier than expected. Sergei N. pointed out disciplinary offenses to her and once did not even pay bonuses, but this did not give any results.

The manager did not want to act radically, that is, fire a valuable employee. At the same time, Maria L. continued to violate discipline. As a result, Sergei simply stopped noticing the employee’s misconduct. However, other members of the team did not understand why the chief accountant violated discipline, and management did not react to this in any way. Moreover, some were silently perplexed, while others openly condemned the leader’s actions.

• How should a boss act in such a situation?

I would recommend Sergei to talk with Maria and understand why she commits violations. It is possible that she has good reasons: for example, no one but her can pick up her grandson from kindergarten. Of course, this is not a good reason for an employee to violate labor discipline, but, in my opinion, Maria can be fired only if she cannot cope with her job functions. If she completes all tasks within the established time frame, then it is reasonable to introduce a more flexible schedule for her.

• How can you influence Maria L. without dismissal?

Create a personnel reserve and personnel rotation system. This will help increase Sergei’s authority among employees who will know about career prospects. It will also encourage key workers, including Maria, to be more responsible in fulfilling their responsibilities. But you need to work with the reserve. That is why the list of Maria L.’s labor functions should include the development of reservists for the position of chief accountant. If she refuses, the company can train a third-party reservist. If Maria continues to commit violations, the reservist will temporarily take over the position of chief accountant while the woman is on vacation or sick leave.

At the same time, the manager should make it clear to Maria that based on the results of the next certification, if the reservist is successful, the chief accountant will be replaced. It is likely that the woman will begin to take her responsibilities more responsibly, hoping to complete the remaining time before retirement without any problems.

• What should Sergei do to retain his valuable employee and improve the climate in the team?

One should not lose sight of the fact that Maria has been working at the company since its inception and probably thinks that management does not appreciate this. Therefore, Sergei, as a boss, should be told more often that the stability of the team is very important and valuable. It would be useful to introduce benefits or additional payments for length of service, as well as a flexible work schedule, which was mentioned earlier. But at the same time, not only Mary should be stimulated with such methods. The motivational system must affect all employees. The main conditions for receiving benefits or additional payments should be transparency and achievability.

In what case can an employee be dismissed for repeated violation of labor discipline?

According to the law, an employer can terminate an employment contract on its own initiative on the following grounds: “dismissal for repeated failure to fulfill job duties without good reason, if the employee already has a disciplinary sanction.” What difficulties await the employer before entering into the work book of a subordinate the entry “dismissed under clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation"? How is repeated violation of labor discipline interpreted? What documentary evidence can there be for this?

Incorrect interpretation of legislative norms often leads to disputes about when this basis can be used to terminate an employment relationship and when not. Let's consider this issue in more detail.

The dismissal we have in mind is only permissible if certain conditions are met:

• the employee does not fulfill his duties labor functions;
• he doesn't have it in him valid reasons;
• He repeatedly commits violations;
• the fact of violations confirms disciplinary action;
• in violations guilty employee directly.

Let's consider examples of violation of labor discipline by an employee:

1. The employee is not at work or at the workplace. The employment agreement with him or the company’s internal act (order, schedule, etc.) may not indicate a specific workplace, that is, if a dispute arises about where the employee should perform work duties, the provisions of Art. 209 of the Labor Code of the Russian Federation. Based on part 6 of this article, “a workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.”
2. The employee refuses to perform his job functions on the basis of changes in labor standards carried out legally (Article 162 of the Labor Code of the Russian Federation). This situation must be distinguished from cases when an employee refuses to perform duties because certain parties have changed the terms of the employment agreement. There is no violation of labor discipline by the employee here.

Example. The Onyx company has always used a time-based wage system. The head of the LLC (Petrov R.L.) took into account the requests of the employees and decided to transfer the enterprise to a piece-rate wage system. The workers were informed about the introduction of new labor standards two months earlier (Article 162 of the Labor Code of the Russian Federation). But two months passed, the company had already switched to a new operating mode, and machine operator Ivanov L.R. stated that the introduced rules did not suit him and he “wouldn’t even get close to the machine.” The head of the workshop, T.D. Petrov, filed a report on violation of labor discipline, on the basis of which L.R. Ivanov was reprimanded for refusing to perform duties in connection with the changed standards. Since L.R. Ivanov had previously already been subject to a disciplinary sanction in the form of a reprimand for constant lateness, he was fired on the basis of clause 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation.

Example. The head of production at the Silko textile plant has changed. Sidorov L.P. became the new manager. Having familiarized himself with all the intricacies of the production process, he decided to purchase new equipment, which can only be used if you have certain skills and knowledge. Sidorov, as required by law, informed the staff about the planned changes two months in advance and invited them to undergo retraining. All employees agreed, except for the adjuster Borisov L.S. Three times Borisov L.S. was offered another job at the same enterprise, but three times he refused, and therefore the agreement with him was terminated on the basis of clause 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

1. The employee refuses or avoids undergoing a medical examination(however, this is required by his specialization), and also does not want to undergo special training during working hours and take exams on labor protection, safety precautions and operating rules, if this is a mandatory condition for his admission to work.
2. The employee refuses to enter into an agreement on full financial liability for the safety of property, if, on the basis of the law, such an agreement can be concluded with him (clause 36 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

Illegal actions of an employee are actions (or inactions) that do not comply with or contradict the norms of the current Labor Code of the Russian Federation. If the employee acted lawfully, there was no violation of labor discipline on his part. For example, if an employee did not comply with an order developed in violation of legal norms, or did not arrive at work due to illness, then the court, when considering such a situation, will consider his actions lawful.

If an employee repeatedly fails to fulfill his job duties, we are talking about repeated violation of labor discipline, which confirms disciplinary action. Repeated violation of labor discipline is such disciplinary offenses that, in the presence of an existing penalty, the employee committed again at the same workplace within one year. Disciplinary sanctions imposed at a part-time job or at a previous place of work are not taken into account.

That is, the manager has the right to dismiss an employee for repeated failure to fulfill labor duties in the event of a repeated violation of discipline, if by the time he repeatedly fails to perform labor functions in the absence of valid reasons, the disciplinary sanction has not been lifted or extinguished.

According to the Plenum of the Supreme Court of the Russian Federation, applying a new disciplinary sanction to an employee, including dismissing him on the grounds under study, is also permitted for ongoing violation of labor discipline. That is, the employee continues to fail to perform or perform improperly his job duties, despite the fact that a penalty has already been applied to him.

An employer may apply disciplinary sanctions for violation of labor discipline even if the employee submitted a resignation letter of his own free will before committing the violation. This is acceptable, since the employment relationship ends only upon expiration of the notice period for dismissal.

Example . The accountant of the Investstroyyug enterprise, O.D. Rodionova, who had previously been subject to disciplinary action, refused to correct errors in the expense report, which were pointed out to her by her manager. That is, the employee did not comply with his order without good reason.

The next day, the accountant wrote a letter of resignation of her own free will, but the manager fired her on the basis of clause 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, and this was absolutely lawful on his part, since the labor relationship in this case lasts until the end of the notice period for dismissal. All conditions required for termination of employment relations at the initiative of the manager have been met.

An employee can only be fired if he does not perform his job duties through my own fault, that is, he commits a violation of labor discipline or inaction intentionally or through negligence. If the employee did not perform his labor functions due to circumstances beyond his control, then there is no violation here. In this case, we may be talking, for example, about the lack of necessary working conditions.

Disciplinary action is applied no later than one month from the moment a violation of labor discipline is detected by the employee. As the Plenum of the Supreme Court of the Russian Federation established, the day the misconduct was discovered is the day when the employee’s immediate supervisor learned about the violation (clause 34 of the resolution of March 17, 2004 No. 2).

Within a period of one month during which the disciplinary sanction must be applied, does not count the period during which the employee is on sick leave, on vacation, as well as the time during which the opinion of the representative body of employees must be taken into account (Part 3 of Article 193 of the Labor Code of the Russian Federation).

Vacation that interrupts the flow of a month must include all vacations that the employer provides on the basis of current legislative norms. These also include annual (main and additional) vacation periods, vacations related to studying in educational institutions, and vacations without pay. An employee’s absence from work due to other circumstances, even if he uses rest days (time off) regardless of their duration (for example, if the work is organized on a rotational basis), doesn't interrupt the course of the designated period.

The application of a disciplinary sanction later than six months from the day the violation of labor discipline was committed is prohibited. If an audit, inspection of the financial and economic activities of the company or an audit was carried out, disciplinary action based on the results of these activities cannot be applied after two years from the date of the offense. The indicated time limits do not include the period of criminal proceedings (Part 4 of Article 193 of the Labor Code of the Russian Federation).

The practitioner tells

Dismissal for repeated violation of discipline of an employee who is a member of a trade union

Yuri Peleshenko,

Head of the Legal Department of the Office of the Federation of Independent Trade Unions of Russia

If the employer decides to dismiss an employee who is a member of a trade union for repeated failure to perform labor functions without good reason, then he must send in advance a draft dismissal order along with copies of documents on the application of disciplinary punishment to the trade union (Part 1 of Article 373 of the Labor Code of the Russian Federation) . Otherwise, if a court hearing takes place, the employee will be reinstated.

After the trade union body receives the draft order and copies of documents, it will have to consider this issue within seven working days and send its reasoned opinion to the administration in writing.

It is necessary to understand that the employer does not take into account an opinion not submitted within seven days.

If the union does not agree with the decision that management plans to make, then additional consultations must be held within three working days, the results of which will be reflected in the minutes.

If it was not possible to reach a compromise, then after 10 working days from the moment the documentation was sent to the trade union, the administration has the right to make a final decision, which can be appealed to the labor inspectorate (Article 373 of the Labor Code of the Russian Federation).

If you, as an employer, dismiss an employee on your own initiative, you should first carefully study and think through everything. Even if you are completely sure that a penalty was applied to the employee for violation of labor discipline, check whether it was lifted within the prescribed time. Let us emphasize: Russian legislation does not say that the employer is obliged to remove penalties from an employee who committed a violation, but he has the right to do this. If a year will pass from the moment the penalty is imposed, and during this time no new punishment is applied to the employee, it is considered that there is no disciplinary sanction against him (Part 1 of Article 194 of the Labor Code of the Russian Federation).

If a dispute arises about whether a disciplinary sanction was lawfully imposed on an employee for violating labor discipline, the body studying this situation has the right to either agree or cancel the employer’s decision. Mechanisms of influence that are not prescribed in the legislation on disciplinary liability and in Art. 192 of the Labor Code of the Russian Federation (for example, deprivation of a bonus for violation of labor discipline, a strict warning, imposition of a fine on an employee or transfer to a lower-paid position).

If your company dismisses employees who have violated labor discipline without the law, it risks facing serious problems. If it turns out that the rights of a former employee have been infringed, he will file a lawsuit, which will accept the employee’s position. In this case, the person will prove the illegality of his dismissal, and the employer will have to incur significant financial losses, in particular, to pay the employee the average salary for the period of forced absence (Part 2 of Article 394 of the Labor Code of the Russian Federation). In addition, based on the employee’s request, the court will determine that the employee is due monetary compensation for moral damage caused. Conclusion: to avoid any problems with the court, you should terminate your employment relationship with an employee in the prescribed manner.

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For what violations of labor discipline an employee cannot be fired

There are situations when violations of labor discipline or job duties do not fall under the characteristics of “disciplinary measures under the Labor Code of the Russian Federation.” Eg:

• if an employee working with material assets commits an offense leading to a decrease in the degree of responsibility while away from the workplace (Labor Code of the Russian Federation, paragraph 7, article 81);
• if an employee holds a position related to educational activities and outside the enterprise commits an immoral (incompatible with moral standards) act, then the court does not classify it as a violation for which a penalty must be provided (clause 8 of Article 81 of the Labor Code of the Russian Federation).

In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation, these reasons cannot be considered exhaustive in order to cancel an employment contract, since it is necessary to prove that the employee actually committed these violations, and they were the reason for the non-fulfillment or poor performance of direct labor duties.

The grounds listed above can be classified as “labor penalties”, as this is confirmed by judicial practice. But legal proceedings require taking into account certain factors that fall under disciplinary action:

• the time of commission of the violation in question;
• employee behavior;
• his attitude towards the violation committed.

Despite the stated requirements, the court does not specifically indicate what can be used to guide the assessment of these circumstances. Labor law standards are specified in the Civil Procedure Code of the Russian Federation: clause 4 of Art. 1 regulates the application of procedural rules, and clause 5 of Art. 11 - material. In this regard, it is necessary to assess the listed circumstances on the basis of procedural and substantive standards in force for assessing non-standard situations.

We can draw the following conclusion: if Art. 81 of the Labor Code of the Russian Federation (clause 7 and clause 8), it is necessary to strictly observe the rules for imposing penalties. In addition, the indicated penalties should be applied in the case of special disciplinary liability.

Employees who fall under the (special) grounds in question usually have more significant powers compared to ordinary company personnel. In this regard, it is necessary to remove them from office or dismiss them in connection with offenses that do not fall under the category of disciplinary ones. That is, special disciplinary sanctions may be imposed on employees of this group.

Based on Art. 192 of the Labor Code of the Russian Federation (Part 3), measures cannot be applied as punishment that are not contained in the lists proposed by the state standard, charter and disciplinary regulations. If this article is violated, the person punished is recognized as an employee against whom no disciplinary sanction was applied for violation of labor discipline.

Consequently, the disciplinary measure for misconduct must be indicated in regulatory and legal documents. Thus, an employee who has committed a violation can be refused payment of a bonus, his ordinal number in the queue for receiving living space can be changed, etc.

In Art. 192 of the Labor Code of the Russian Federation (Part 1) provides a list of penalties that can be applied to employees who have violated labor discipline in the company.

In Art. 192 of the Labor Code of the Russian Federation (Part 2), based on state laws, regulations, acts and charters that regulate labor regulations, states that there are other measures allowed for use as punishment in relation to violators of discipline. Accordingly, the list indicated in paragraph 1 of this article can be expanded by adding special disciplinary sanctions to it. However, these amendments must not contradict existing laws.

When expanding the list of penalties for violations of labor discipline by an employee, be sure to take into account the legal requirements. For example, in Part 3 of Art. 55 of the Constitution of the Russian Federation states that restrictions on the individual’s right to freedom and work are permitted only in accordance with current legislation, and then only in order to achieve the goals outlined in the Constitution.

If the manager, at his discretion, introduces penalties as special grounds on which an employee can be dismissed or removed from office, he thereby violates the Constitution of the Russian Federation, since he imposes a restriction on a person’s right to work.

Accordingly, such a penalty as “special grounds” can be introduced only at the state level in relevant laws to protect the foundations of the constitutional system, the health and rights of citizens, as well as to ensure the security of the country.