When hiring a new employee, the employer discusses with him the features of labor functions, introduces him to him under his signature, and conducts him at the enterprise. With a clear implementation of the established rules, a person should not have problems in work. But, nevertheless, situations are not uncommon when a worker violates these requirements, and his actions are not in the best way affect the entire enterprise.

In this case, the employer is obliged to respond to the circumstances, and sometimes it is necessary to punish the offender.

The main types that an employer can apply to an employee are indicated in Art. 192 Labor Code of the Russian Federation. One of them is reprimand. An employee can receive a suggestion for various misconduct. But the most common reasons for its issuance are:

• improper performance of labor duties;
• violation labor discipline;
• neglect of safety precautions, etc.

We will describe further how the employer should act if he has chosen this measure of influence on the worker.

Reprimand Rules

The most crucial moment is the conduct of an internal investigation and the correct execution of papers. When making a suggestion, the employer must adhere to the procedure provided for by the Labor Code of the Russian Federation. Otherwise, the employee will be able to challenge it.

The employer has only a month from the date of discovery of the misconduct to announce a disciplinary sanction. , he must do the following:

• official investigation begins with documentary evidence employee misconduct. If it is absenteeism or being at the workplace in a state of intoxication, an act is drawn up. The content of the act is confirmed by the signatures of the members of the commission (at least three people). In other cases, the direct supervisor of the employee draws up a memo addressed to the director.
• further, you need to demand written explanations from the employee himself. If he does not present them, an appropriate act should be drawn up.
• after that, you need to publish and familiarize the violator with it under the signature. If the employee refuses to sign it, it will also be necessary to draw up an appropriate act.

Design rules

As we noted above, the censure is documented, in the form of an order. The employer's order to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. The document must contain the following information:

• position, full name of the offending employee;
• a summary of the incident with the exact date and time;
• the essence of the order in accordance with the Labor Code of the Russian Federation;
• a list of documents that served as the basis for drawing up the order;
• signatures of a commission of three people;
• date and personal signature of the perpetrator, confirming that he is familiar with the document. If the employee flatly refuses to sign, an appropriate act is drawn up.

Can an employee be given a “severe reprimand”?

It is worth noting that the Labor Code of the Russian Federation does not provide for such a thing as a strict reprimand. However, according to Art. 189 Labor Code of the Russian Federation, for certain categories of employees, other types of disciplinary sanctions may be provided for, established by separate regulatory legal acts. Examples of legislative acts that provide for the use of a strict reprimand are:

• Art. 41.7 of the Federal Law "On the Prosecutor's Office Russian Federation»;
• Art. 29 FZ "On service in customs authorities Russian Federation";
• chapter 4, clause 54 of the Disciplinary Charter of the Armed Forces of the Russian Federation, etc.

Individuals regulated by these laws may be legally subject to severe reprimands. In any case, the employee cannot be reprimanded with entry in a personal file, since information about the reprimand is not entered into the personal file. But you can add to it to track the presence of disciplinary sanctions on the employee.

Consequences for the employee

If an employee is reprimanded at work, the consequences may be as follows:

• this may serve as a basis for (if such is indicated in the Bonus Regulations);
• in cases where violations are systematic, and the offender does not make attempts to correct the situation, two such suggestions may be enough to dismiss the employee - for example, or.

The suggestion is valid for a year, after which the employee is considered not to have a disciplinary sanction, although the employer, if desired, can do it earlier by issuing this action by a separate order.

Should I make an entry in the work book?

The censure is not included in the labor. But periodic non-performance or a one-time gross violation official duties may be grounds for dismissal.

Express your opinion about the article or ask the experts a question to get an answer

Negligent employees are a headache for any leader. Even being the owner own business, you cannot punish your employees as you please, this issue is quite strictly regulated by law. Current labor law admits that the employer has the right to apply to the employee for misconduct disciplinary action. The Labor Code establishes both the types of punishments for offenses (reprimand and reprimand) and the procedure for their application.

Disciplinary sanction: types and grounds for imposition

So, the employee committed an offense for which the employer intends to punish him. First you need to decide on the type of influence applied. Exist the following types disciplinary sanctions, in increasing severity of punishment: reprimand, reprimand, as well as dismissal of the perpetrator on the appropriate grounds. The right to choose a specific penalty belongs to the employer. But far from any ignorance of the requirements for an employee, a disciplinary sanction can be applied.

The legislator interprets a disciplinary offense as a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him (Article 192 of the Labor Code of the Russian Federation).

A disciplinary offense is a type of offense committed within the framework of labor relations. Only such actions or inaction of an employee that are directly related to the performance of his labor duties can be recognized as such.

The employer has the right to independently choose a punishment for a late employee, as long as it is proportionate and within the law

For example, it cannot be considered a disciplinary offense for an employee to refuse a public task or participate in a subbotnik, as well as ignoring instructions from management that are not related to labor function this worker. It is impossible to punish for refusing to go to work on a day off, since involvement in such work can be carried out only with the consent of the employee. The use of profanity, insults to colleagues and other similar actions can be regarded as a disciplinary offense only in cases where the commission of such actions is expressly prohibited by the rules of the internal work schedule organizations.

For failure to perform labor duties, disciplinary liability can follow only when this particular duty is directly indicated in the regulatory document - an employment contract, job description, instructions on labor protection, orders, etc. - and the employee was familiarized with this document against receipt.

Grounds for penalties: violation of internal labor regulations and failure to perform official duties

Legislation classifies the following acts as gross violations:

• absenteeism (absence from the workplace for more than four hours);
• appearing at work in a state of intoxication;
• violation of labor protection requirements, entailing grave consequences
• some others, the one-time commission of which may lead to dismissal on the appropriate basis.

Naturally, in such cases, the application of such a penalty to the guilty employee as a reprimand, even by the most humane court, will be recognized as reasonable and proportionate. But the use of a reprimand for minor misconduct, for example, when an employee is 5–10 minutes late (unless, of course, this entailed negative consequences for the employer in the form of a conveyor stop or a crowd of angry customers at the store’s doors) can hardly be considered justified, and in In this case, one can confine oneself to a remark.

In addition, it is worth paying attention to the attitude of the employee himself to the committed misconduct, in particular, what he wrote in his explanatory note. As shows arbitrage practice, in cases where the punished employee indicated that he realized the misconduct and repented of his commission, the courts consider it possible to apply a less severe penalty to him.

Video: how to punish an employee by law

Is it possible to forfeit bonuses for violation of discipline

The use of a reprimand or remark is not directly related to the employee's bonus. However, if the provision on bonuses in force in the organization provides for the possibility of depriving the bonus in case of violation by the employee of his labor duties, then the employer can exercise this right. The premium from the offender may be withdrawn in whole or in part. The rule stating that only one penalty can be declared for each misconduct is not applicable in this case, since the deprivation of the bonus does not apply to disciplinary sanctions.

Also, an employee who has been reprimanded or reprimanded may be deprived of any benefits provided in accordance with collective agreement or other local regulatory act of the employer - vacation vouchers, one-time remuneration or a gift. But only if the failure to provide such benefits to employees who have a disciplinary sanction is directly provided for by the relevant regulatory act.

But such a measure of influence on violators of labor discipline, so popular in Soviet times, as the transfer of vacation to the autumn-winter period, cannot be applied under the current legislation.

The procedure for applying a reprimand or remark

In order for the imposition of a disciplinary sanction to be legal, it is not enough to have grounds for punishment - it still needs to be properly formalized. Before applying a penalty, a written explanation must be requested from the employee. He writes it in any form, you just need to pay attention to the presence of the necessary dates - the commission of an offense and writing an explanatory note - and the personal signature of the employee.

General Director of Romashka LLC

Vasiliev A. A

assembly shop electrician

Ogurtsova I. I.

EXPLANATORY

I, Ogurtsov I.I., did not go to work on October 12, 2016, because I drank a lot of beer the day before and could not get up for work. I admit my guilt, I promise not to drink a lot of beer anymore.

October 14, 2016 (signature) I. I. Ogurtsov

If a written explanation is not provided by the employee after two working days, then an appropriate act is drawn up in any form. Such an act is usually signed by three people - executive who requested an explanatory note, and one of the employees.

Who has the right to make a remark or announce a reprimand

The head of the organization or another person authorized by him (as a rule, this is the director of personnel) has the right to impose a disciplinary sanction. Therefore, in large organizations from big amount employees, it is advisable to attach to the draft order on punishment not only the explanatory worker, but also the report of his immediate supervisor. In it, the boss informs about the fact of the violation, and also expresses his opinion about the misconduct of the subordinate and the possible punishment, taking into account the previous behavior of the employee and his attitude to work.

Making an order to announce a remark or reprimand: rules for drafting, samples and examples

An order to impose a disciplinary sanction may be issued no later than one month from the day the misconduct was discovered, not counting the time the employee was ill or on vacation. A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the date of the commission. (Article 193 of the Labor Code of the Russian Federation).

The order must contain information about the nature of the misconduct and the norms that the employee violated.

Society with limited liability"Chamomile"

No. 221-p "On the imposition of a disciplinary sanction"

On October 12, 2016, the electrician of the assembly shop Ogurtsov I.I. was absent from work during the entire work shift without good reason, which is a violation of clause 4.1 of the Internal Labor Regulations of Romashka LLC. On the basis of the foregoing, I ORDER: 1. The electrician of the assembly shop Ogurtsov I.I. to reprimand for violating clause 4.1. PVTR LLC "Romashka". 2. 10/12/2016 considered absenteeism and not paid. Reason: explanatory worker, memorandum foreman

General Director (signature) A.A. Vasiliev

Acquainted with the order: (signature) I. I. Ogurtsov, October 21, 2016.

An order to impose a reprimand or remark is presented to the guilty person against receipt within three working days from the date of its issuance (not counting the time the employee was absent from work). If he refuses to familiarize himself with the order on receipt, an appropriate act is also drawn up.

Are records of penalties recorded in the employee's work book

Information about disciplinary sanctions, unlike some types of incentives, is not entered into the employee's work book. If within a year from the date of issuing a remark or reprimand, the employee is not subjected to a new disciplinary sanction, then he is considered not to have such penalties.

Can an employee appeal a disciplinary sanction?

Art. 192 Labor Code directly says that when imposing a disciplinary sanction, the severity of the offense and the circumstances under which it was committed should be taken into account. And according to the Supreme Court of the Russian Federation, it is also necessary to take into account the previous behavior of the employee, his attitude to work. This means that the general principle of proportionality of punishment to misconduct in labor relations must also be observed, since non-compliance with this principle may result in the recognition of the punishment order as illegal.

As noted by the Plenum of the Supreme Court of the Russian Federation in its Decree of March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, it is the employer who is obliged to prove that he complies with the disciplinary sanction when applying to an employee general principles legal, and, consequently, disciplinary responsibility - such as justice, equality, proportionality, legality, guilt, humanism.

Also, when choosing a measure of punishment, the employer should remember that the court is not entitled to replace one type of disciplinary sanction with another, less severe one. Having come to the conclusion that the imposed penalty is disproportionate to the offense committed, the court simply recognizes the punishment order as illegal and cancels it. And from the employer, it is quite possible that compensation for non-pecuniary damage will also be collected in favor of the employee. And as a result, the offender will not only escape the deserved punishment, but, in fact, will be encouraged. Therefore, the choice of measure should be approached as carefully and objectively as possible, without unnecessary emotions. And if the same violation is repeated, the sanctions may already be more stringent.

Video: labor disputes for the manager (how to act to drop charges and win in court)

Complaint actions

If the employee does not agree with the imposition of a disciplinary sanction on him, he may appeal this order to state inspection labor, labor dispute commission (when the organization has one) or in court. The employee has the right to apply for resolution of an individual labor dispute within three months from the day when he learned or should have known about the violation of his right. When appealing against the order on punishment, the three-month period will be calculated from the date the employee got acquainted with it. The employer will have to prove the legitimacy of the imposition of a penalty.

It is worth noting that much more often employees appeal orders for disciplinary action in cases where, in addition to announcing a remark or reprimand, there was a deprivation of the bonus, in whole or in part.

Removal of a disciplinary sanction

There are situations when an employee, after receiving a remark or reprimand, revised his behavior and tries with all his might to make amends with a good, or even just excellent job. In this case, before the expiration of a year from the date of application of the disciplinary sanction, the employer has the right to remove it by his own order on his own initiative, at the request of the immediate supervisor of the employee or trade union, and also at the request of the employee himself. It does not matter how much time has passed since the date of application of the penalty.

An order to reprimand an employee - a sample of this document is not established by law, but in order to acquire legal force, it must be drawn up in accordance with the norms of the Labor Code of the Russian Federation. Consider how to properly format this document.

In what cases is an order issued to announce a reprimand for improper performance of official duties?

Results

An order to impose any kind of disciplinary sanction on an employee, including a reprimand, will have legal force only if it is drawn up within the framework of the algorithm provided for by the Labor Code of the Russian Federation, including:

• preliminary request for an explanatory note (and drawing up an act on its non-submission, if necessary);
• publication and signing of the order by the head;
• obtaining the employee's signature confirming the fact of familiarization with the order (or drawing up an act on the employee's refusal to sign the document).

You can get acquainted with other nuances of issuing a reprimand and other disciplinary sanctions provided for by the Labor Code of the Russian Federation in the articles:

If an employee has committed guilty or unlawful acts against the property of the employer, or has violated the norms of internal regulations or labor discipline, the employer has the right to punish him. Such a punishment is called a disciplinary sanction, and the guilty action itself is a disciplinary offense.

According to Art. 192 of the Labor Code of the Russian Federation, the employer has the right to punish the employee as follows:

• give him a formal reprimand;
• give him a reprimand or a severe reprimand;
• dismiss by doing work book corresponding entry.

A disciplinary sanction in the form of a remark is the most “common” type of disciplinary sanction. It is imposed for misdemeanors of "mild severity", that is, when the violation of the norms of labor discipline or the damage caused is insignificant. For example, if an employee improperly fulfilled his labor obligations for the first time. Prior to this, he had not noticed this. To apply a remark on this basis, the employee must be familiar with the job description when hiring. Acquaintance is confirmed by the signature of the new employee. He must also be familiar with the Internal Regulations and regulations on labor discipline.

Before imposing a disciplinary sanction in the form of a remark, the employer must make sure that the employee is at fault for the misconduct. That is, he must establish a causal relationship between the misconduct and the fault of the employee.

To do this, he must request written explanations from the employee. This is done through the act of requesting written explanations. The employee must submit an explanatory note to the employer in writing no later than 2 working days from the date of receipt of the act. The act must be signed for receipt.

In the explanatory note, the employee can provide the employer with evidence of his innocence or give good reasons for which this disciplinary offense was committed. The Labor Code of the Russian Federation does not specify what is good reason This will be decided by the employer. But, as the judicial and personnel practice, a valid reason could be:

• employee illness;
• violation by the employer of working conditions;
• lack of materials for work and more.

If the employer deems the reason valid, then he should not issue a reprimand to the employee. If there is no reason at all, or it is disrespectful, the employee issues an order to issue a disciplinary sanction in the form of a remark.

On the order, the employee must put his signature. This means that he is familiar with the order. This is done in case of challenging the remarks in court. If the employee refuses to sign the order, the employer must draw up an appropriate act.

The remark is valid for 1 year from the date of issue of the order. But it can be withdrawn ahead of schedule:

• at the written request of the employee;
• at the sole request of the employer;
• at the written request of the head structural unit;
• upon written request trade union body if the company has one.

31.08.2019

One of the most severe measures to prevent violations of labor discipline is a reprimand.

His announcement is fraught with deprivation of bonus payments, and in especially severe cases, dismissal.

The procedure, conditions and rules for imposing a disciplinary sanction of this type are regulated by the established norms of the Labor Code of the Russian Federation.

Is it a form of disciplinary action?

IN normative document there is no list of exact circumstances under which an employer can issue a reprimand.

In the process of making a decision, the head of the company must adequately assess the current situation and determine the amount of damage caused by the employee.

A reprimand, as one of the types of disciplinary sanctions, can:

• act as legal grounds for termination labor relations with an employee who violated the internal regulations;
• considered as a measure to improve the quality of compliance with the rules of industrial discipline.

What can you get at work?

This type of disciplinary sanction may be declared to an employee if he did not properly perform his duties or completely evaded their performance -. It is important to consider that the powers of each employee should be reflected in the employment agreement concluded upon employment.

You can also announce a reprimand, lateness, violations of discipline, fights, insults at work.

Before proceeding to the issuance of a reprimand, it is necessary to determine exactly whether the violation committed by the employee is included in the list of prohibited actions. If this rule is not observed, the employer may be held liable.

Circumstances that may entail the imposition of a penalty may also be reflected in other local acts, including a collective agreement.

In such situations, working citizens working for enterprises should familiarize themselves with the contents of such documentation. After studying this information, employees leave signatures on a special paper.

Each firm may develop different grounds for reprimanding. You can be attracted to in this form for various violations of the labor schedule and established work rules for a particular position.

What can be reprimanded at work for:

• failure to perform labor functions;
• failure to comply with the orders of superiors;
• systematic or single delays;
• absenteeism;
• theft, damage and embezzlement of the property of the organization;
• being in the workplace in a state of intoxication.

Can the director impose punishment on himself?

The Labor Code of the Russian Federation establishes the possibility of applying disciplinary sanctions to all employees, including those who hold managerial positions.

When imposing punishment for a committed misconduct, it is necessary to be guided by Article 193 of the regulatory documentation.

The founder of the organization, participants of the collective meeting of shareholders can bring the director to responsibility.

This right belongs to a person or a group of people with whom the director has entered into labor contract. He can't reprimand himself.

A detailed statement of information on the rules for bringing a director to disciplinary liability should be present in the relevant documentation - the Articles of Association or other similar document.

Validity period according to the Labor Code of the Russian Federation

According to the norms reflected in the Labor Code of the Russian Federation, the validity period of a reprimand received at work cannot exceed 12 months. After this time, the punishment is removed from the guilty person.

In the case of a repeated misconduct, the period of the punishment is the date of expiration of the second reprimand.

Separate regulations, developed by a particular company, can individually determine how long a disciplinary sanction is valid at work, and set a different period for the disciplinary sanction.

In this case, the rule must be observed - set time may be less than a year, but may not exceed this period.

Under certain circumstances, the period of validity of the reprimand may be reduced. This is possible both at the initiative of the employer and at the initiative of the employee. The decision to reduce the specified period is made by the head of the enterprise.

Useful video

The procedure for applying disciplinary sanctions to an employee and the timing are explained in detail in this video:

conclusions

A reprimand is a serious disciplinary measure that can be applied to any employee. Even pregnant women and persons in leadership positions are not an exception.

To pass such a verdict, the employee must commit a misconduct that is contrary to the established procedures in the organization.

The standard recovery period is 12 months. At the request of the employer, it can be reduced.

The reprimand is announced only in writing. The procedure for applying a disciplinary sanction must be properly documented. The presence of errors and inconsistencies with the norms of the Labor Code of the Russian Federation is unacceptable.