After what period of time can a disciplinary sanction in the form of a reprimand be lifted?

Answer

Article 81 of the Labor Code provides for dismissal for the repeated imposition of a disciplinary sanction.

According to the rules of office work, penalties are entered on the T-2 card and can negatively affect a career. However, if the employee has corrected himself, the penalty can be removed ahead of schedule. The procedure for lifting a disciplinary sanction is not regulated by legal acts, but there is a certain practice of applying this procedure.

What is a disciplinary action

The order of observance of discipline by all full-time employees of the enterprise and the measures of responsibility for its violation are regulated by Section VIII of the Labor Code. Article 192 of the code states that a violator of order can be punished in only three ways:

• issue a reprimand;
• make a comment;
• dismissed for negative reasons.

These punishments are disciplinary actions. In this case, no other types of penalties are provided. There is, of course, special responsibility, but it does not apply to all employees, but to certain categories of employees. For example, a military man who has been subjected to disciplinary punishment will never be awarded according to the charter; only one type of encouragement shines for him - the removal of the penalty.

Regarding employees commercial organizations who are subject to the Labor Code may also suffer from penalties. Not only can an employee be fired for relapse and re-punishment under paragraph 5 of Article 81, but the director also has the right to deprive an employee of a bonus who has an unrecovered penalty.

In some firms, the management, when developing provisions on bonuses, formulates one of the conditions: the bonus is charged only if there is no outstanding penalty. But such a formulation can also be contained directly in employment contract. Meanwhile, the penalty is valid for a year, which means only one thing: the violator of discipline risks whole year stay without a bonus.

Reminder

Although the work books do not reflect penalties, they fit into the T-2 form, and therefore the personnel officer keeps control over the attitude to the discipline of each full-time employee.

Removal of a disciplinary sanction

The director can remove the penalty, or the labor inspector or the commission on labor disputes will force him to do so.

So, according to the norm of Article 193 of the Labor Code, a punished employee may not agree with the penalty imposed on him and appeal against the actions of the management to the GIT or to the dispute commission, if such operates in the organization.

Note

The following decisions may be made on the complaint:

• satisfy the complaint if violations of the Labor Code are observed (an order is issued to annul the discipline order);
• refuse satisfaction if the management acted within the legal framework.

Accordingly, upon satisfaction of the complaint, an order should be issued: to cancel the order on discipline in relation to the employee for a specific violation.

The procedure for removing a disciplinary sanction from an employee

Article 194 of the Labor Code clarifies that after a year has passed since the issuance of an order on discipline, the punishment is removed automatically. However in some cases, you can withdraw the penalty ahead of schedule.

The Labor Code does not consider cases in which penalties are removed ahead of schedule, however, in its 191st article there is a basis for encouragement: for conscientious work in a company. This ground can be applied by analogy to the procedure in question.

So management's decision may be influenced by facts showing the conscientiousness of the punished employee, For example:

• no complaints about work for a certain period;
• introduction of rationalization proposals;
• plan overfulfilment;
• prevention of accidents, accidents;
• active participation in public works etc.

Having seen in the actions of the employee the grounds for repaying the imposed penalty, you can apply the procedure described in Article 194 of the Labor Code:

• the head, having drawn conclusions from personal observations, can initiate the removal of the penalty himself (an order is simply issued);
• the employee can ask the director about this himself (at a personal appointment, setting out the arguments);
• the immediate superior of the punished person may apply to the director (either the chairman of the trade union committee or a representative of the collective).

How to remove a disciplinary sanction. Registration

Only two documents usually appear in the recovery procedure:

• petition;
• order.

If the initiator of the procedure is a director, then the registration will consist of one stage: you just need to issue an order. But if the collective decides to intervene in the fate of a colleague, the director must first be conveyed a request for leniency towards the punished person by sending a petition addressed to him.

Petition for removal of a disciplinary sanction

No legal acts or instructions regulate the procedure for registration
petitions, so it is written in free form. Naturally, the document must be understandable, and therefore it must be clearly structured. The structure consists of the elements:

• a cap;
• preamble;
• pleading part.

In the header, you need to specify, as usual:

• Name and position of director;
• Name and position of the applicant.

The text of the petition can be written as follows:

Welder MPTs Razin A.A. for being late for work, a reprimand was announced and an order No. 13-d dated 09/10/2016 was drawn up against him. Currently, Razin behaves in a disciplined and responsible manner. . Thanks to his vigilance, the accident of the heating system was prevented: he saw and eliminated the consequences of improper pressure testing of the system. As a result, the company did not suffer losses. Based on the foregoing, I ask you to early withdraw the penalty against Razin A.A.

The petition is dated and signed by the applicant. It can be signed and submitted by:

• foreman, head of the section, workshop, department, foreman;
• chairman of the trade union committee;
• team representative.

If the director makes a positive decision on the application, an order is issued.

Order to remove the disciplinary sanction

There is no required form, so you need to draw it up according to the accepted in the company business rules. The order must contain:

• The name of the company;
• date and registration number;
• information about the employee (name, position, department);
• grounds (petition or decision of the director);
• director's visa;
• introduction string.

The text of the order can be made according to the example:

Due to the fact that the welder of the MPC Razin A.A. 20.09.2016 the accident of the heating system was prevented and, in accordance with Article 194 of the Labor Code, I order: disciplinary sanction imposed by order No. 13-d dated 10.09.2016. Reason: the petition of the head of the MPC Grishin A.V.

All persons listed in the order must familiarize themselves with the order. The procedure for lifting a disciplinary sanction will be completed when the signed and endorsed order with a petition attached to it is enclosed in a folder according to the nomenclature. After that, the personnel officer will write down the details of the order on the T-2 card and the penalty will be considered withdrawn.

31.08.2019

In case of violation of the norms established by internal regulations, a working citizen may be held liable.

As a result, a disciplinary sanction is imposed on him, which has a certain period of validity.

After the expiration of this period, and if the employer wishes, and before this moment, the employee is relieved of punishment.

Terms according to the Labor Code of the Russian Federation

In the process of doing labor relations arise various situations. For almost every violation, the manager has the right to apply a disciplinary sanction to the employee.

The specific type - remark, reprimand or dismissal, is determined depending on the severity of the case.

The removal of the penalty from the employee occurs after one year, this is the standard period of validity of the punishment under the Labor Code of the Russian Federation. This rule is relevant provided that within 12 months from the moment the penalty was announced, the employee did not commit repeated violations.

The most radical method of holding an employee accountable is dismissal.

Upon termination of the employment relationship, the penalty is not removed from the violator. Only reprimand and remark are subject to removal.

In some situations, the employer may release the specialist from punishment ahead of schedule. The procedure for the implementation of such actions is regulated by Article 194 of the Labor Code of the Russian Federation.

Recovery can be announced only within a month from the date of discovery of the violation. internal regulations firms.

If the employee's illegal actions were discovered during the audit, this period is extended to 2 years.

Thus, the imposed disciplinary sanction is considered to be removed after one year automatically or early if there are grounds for it.

The procedure for early cancellation of punishment

Early withdrawal of a penalty implies release from punishment within a period of less than 12 months from the moment the measure of restraint was applied.

The initiative in this case may come from the following participants in the labor relations:

• employee;
• head of the structural unit;
• employer;
• team;
• union professionals.

The current Labor Legislation does not reflect the moment of early withdrawal of the penalty.

After considering the citizen's appeal, the authorized bodies make a decision, on the basis of which the request of the worker is satisfied, or he is refused.

How to remove a reprimand from an employee?

A reprimand is a form of punishment for an employee, ranging in severity between reprimand and dismissal.

When announcing such a penalty, the employee should be extremely careful and try not to allow such violations of discipline, because such repeated misconduct can lead to dismissal.

The validity period of the reprimand is 12 months. After this period, the disciplinary sanction is canceled automatically.

Legal acts do not establish a clear technology for withdrawing a reprimand. Despite this, this procedure is usually carried out through the implementation of sequential actions:

• Step 1. Making an application.

Relevant in the event that the initiative to remove the penalty does not come from the head. With automatic cancellation, documentation is not issued.

• Step 2. Making an order.

The paper is drawn up on the condition that the employer does not mind removing the penalty from the offending employee.

• Step 3. Making adjustments to the employee's personal card.

The fact of announcing and withdrawing a reprimand in without fail is recorded in a card issued in the T-2 form.

If the decision to withdraw is made by the employer on its own, only an appropriate order is issued.

Each document must be drawn up in accordance with the established rules:

Petition

The document is drawn up in free form; there is no unified form for its execution.

The petition has several parts:

• a cap;
• preamble;
• main part.

The header contains standard information - information about the employer, company name, initials and position of the compiler.

After that, information about the employee in relation to whom the documentation is being drawn up is indicated.

It is important to describe the type of disciplinary sanction and the violation for which it was issued.

In the main part, it is necessary to reflect the request itself and the circumstance in connection with which it is required to release the employee from punishment.

For example, for success in work, unquestioning fulfillment of the orders of the head, etc.

The petition is signed by its originator, he also puts the date of registration of the document. The paper can be drawn up on behalf of the collective. In this case, all colleagues of the offender must leave their signatures and initials.

Download a sample application for early withdrawal of the penalty -.

Order

It is issued regardless of who initiated the annulment of the penalty. Like the previous document, the order is drawn up in any form, taking into account the requirements of the company's document flow.

The manager must have the following information:

• company data;
• serial number and date of issue of the order;
• information about the offender - initials, position;
• grounds for early withdrawal of the penalty;
• the essence of the order;
• employer's signature.

A disciplinary sanction is removed automatically if several conditions are met:

• a year has passed since the announcement of the reprimand;
• during the period of the reprimand, the employee did not commit repeated violations.

Download a sample order to remove the penalty ahead of schedule by a court decision, at the initiative of the employer -

There is nothing pleasant in the fact that the boss shows his subordinates his claims and dissatisfaction with the results of the work. Worse than this can only be a situation where the anger of the leadership finds its outlet on paper in the form of a disciplinary order. In addition to moral discomfort, this type of punishment will prevail over the employee for the entire period, as long as the reprimand is in effect, and may entail more serious consequences.

Normative base

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

main document labor law quite rightly considered the Labor Code. In it, article 192 defines exhaustive list disciplinary sanctions for most professions and employees. According to the code, there are only three of them:

• comment;
• dismissal.

And if it were not for the reservation about the possibility of establishing additional measures of influence on representatives individual professions and spheres, no one has ever been able to even mention the concept of a stern reprimand.

Separate categories

Despite the fact that every second boss threatens to issue a severe reprimand to the employee, such a statement is valid only for those who can classify themselves as military personnel or employees of the Ministry of Internal Affairs. Only laws 342-FZ on service in the Ministry of Internal Affairs and 76-FZ on the status of the military contain a mention of two types of reprimands.

For all categories of workers, after the announcement of a reprimand, the next problem will be the question of how long the reprimand lasts. The general term is stipulated in Art. 194 TC and equal calendar year. But it also contains a mention of the right of the employer or commander to shorten the period after which the reprimand is removed and cancel it ahead of schedule. Interestingly, for the military, the criterion for canceling a reprimand is an assessment of the educational impact on the offender. This is especially true in relation to privates and sailors, Presidential Decree of 2007 No. 1495.

Time of action

The maximum period during which a person is considered subjected to a disciplinary sanction cannot exceed one year from the moment the last punishment was imposed, Art. 194 TK.

Since the Labor Code takes precedence over all other laws relating to labor relations, the duration of any type of penalty, other than dismissal, cannot last more than one year. Separate laws can establish only shorter periods, but cannot worsen the norms of the Labor Code in relation to all categories of workers.

That is why, for cases of especially gross violations official duties or discipline, when the employer is not satisfied with how long the reprimand lasts, the management should think about the possibility of parting with the employee at the request of the administration.

Features of reprimands

Each disciplinary sanction is a cause for concern for a specialist in any field of employment. For the military and employees of the Ministry of Internal Affairs, the law provided for a greater variety of types of punishments, the most severe of which are demotion or early dismissal. But for the application of the most stringent measures, phased and rather lengthy coordination will be required.

Civilian employees, under the most unfortunate circumstances, can only expect to be reprimanded, reprimanded, or fired, but the mechanism for applying the most severe punishment is much simpler. Although both of them have a guaranteed right to defend their interests and challenge the decision of the leadership in court.

Commercial and municipal organizations

The reprimand issued by the management for employees of the national economy cannot be strict. Simply because such a penalty is not provided for in the Labor Code of the Russian Federation, and, in the absence of a separate law, no one has the right to apply punishments invented by the authorities. Another thing is that during the entire period, as long as the disciplinary sanction in the form of a reprimand is in effect, and this will be about a year, the employee must maintain maximum concentration.

Bar lawyer legal protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

) can negatively affect the employee's career, because with repeated punishment, dismissal is also possible, and encouragement can only be in the form of lifting the penalty.

The penalty can be paid off ahead of schedule, you just need to know the order of this procedure!

Dear readers! Each case is individual, so check with our lawyers for information.Calls are free.

Legislation

Discipline at the enterprise is regulated by Section VIII of the Labor Code. So, according to its 192nd article, as a punishment for violation of discipline, the organization may apply penalties in the form of, or dismissal. Moreover, dismissal is the most severe type of penalty, and it is imposed only in case of a gross violation of discipline or for a relapse (repeated violation).

If the misconduct did not entail serious consequences, then the director can take into account the guilt and personal characteristics of the employee when choosing the type of punishment.

Then the culprit can get off with a remark or reprimand. But if he breaks discipline repeatedly, until the previous penalty is lifted, may already be dismissed - according to clause 5 of part 1 of article 81 of the Labor Code (for relapse).

In some cases, the application of special disciplinary punishment, for example, in relation to, a condition is provided that he should be encouraged only in the form of lifting the penalty (Presidential Decree No. 1495, paragraph 35 of the general military charter). The Labor Code does not provide for such conditions.

Suspension of foreclosure

According to the rule of Article 193 of the Labor Code, an employee subject to disciplinary liability has the right to appeal:

• in GIT (state labor inspectorate);
• to the local commission on labor disputes.

GIT departments, as a rule, are located in local administrations.

GIT inspectors are authorized to consider labor disputes between employees and company administration.

Based on the results of the review, a decision is made:

• the complaint is not satisfied (if there are no violations of the Labor Code);
• the firm is issued an order to correct the errors caused by the violation of the Labor Code.

The Labor Disputes Commission is a specially created body in the company, consisting of the same number of representatives of the administration and the work team. The Commission also has the right to consider disputes and make decisions.

For the duration of the work of the GIT or the dispute commission, the action of the penalty is suspended (at least a month).

How long is the charge?

Penalties imposed according to business rules are not recorded in work book , but in the T-2 card they are indicated, indicating the details of the order for the discipline. So, the personnel officer controls the attitude to the discipline of each employee.

But there is also a condition in the article on early repayment of the penalty:

• the director himself can remove it (having drawn conclusions from his own observations);
• the director removes the penalty at the request of the employee (having realized the mistake, the perpetrator can personally apply to the director with a request to remove the penalty);
• the immediate supervisor of the culprit, the chairman of the trade union committee or a representative of the work team can petition the director to remove the penalty (by written petition, presentation or orally, for example, at a planning meeting or meeting).

Cases of early withdrawal

The Labor Code does not explain in any way why it is possible to early release an employee from a previously imposed punishment. However, its 191st article indicates the basis on which the director has the right to reward an employee - for conscientious work at the enterprise. By analogy, this basis can also be applied for early withdrawal of a penalty.

What is conscientiousness? The director's decision may be influenced by the facts (in relation to the punished):

• work without complaints for a certain period;
• introduction of rationalization proposals;
• plan overfulfilment;
• participation in public works;
• warning of an accident or an accident, etc.

Withdrawal processing

If the initiative for early amnesty of the culprit comes from the director, or from the employee himself (with the consent of the director), then the registration procedure will consist of only one step - issuing an order.

When his immediate supervisor, the trade union committee or the entire team decides to intervene in the fate of an employee, you must first convey to the director a request for early cancellation of the penalty.

How to write a petition

In the name of the director, a petition, presentation or memo is written with the following content:

Plumbing OGM Morozov A.I. A reprimand was issued for being two hours late for work.

At the moment, Morozov is showing himself to be a disciplined and responsible employee. As a result of his professionalism, the defrosting of the heating system was prevented, as a result of which the company did not suffer financial losses. In this regard, I ask you to early withdraw the penalty imposed on Morozov A.I. by order No. 13-d dated May 01, 2016.

The petition has the right to sign:

1. immediate supervisor (head of a workshop, department, shift, foreman);
2. chairman of the trade union committee (on the petition, you must indicate the date and number of the minutes of the meeting at which the petition was considered);
3. representative of the working group (elected to general meeting and documented. At the same time, the details of the minutes of the meeting at which the behavior of the culprit was discussed are also indicated on the petition).

Based on the results of consideration of the application, an order is issued.