The law establishes a strict procedure for imposing disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation).

Thus, before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If after 2 working days an explanation is not provided by the employee, then the employer must draw up a corresponding report. At the same time, the employee’s refusal to give an explanation is not an obstacle to applying disciplinary action.

Violation of the specified procedure for imposing a disciplinary sanction entails recognition of it as illegal by the body for the consideration of labor disputes.

Time limits for imposing disciplinary sanctions

A disciplinary sanction can be applied no later than 1 month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees.

In this case, a disciplinary sanction cannot be applied later than 6 months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than 2 years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within 3 working days from the date of its publication. If the employee refuses to sign the order (instruction), a corresponding act is drawn up.

The law indicates that a disciplinary sanction can be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.

Removal of disciplinary sanctions

A disciplinary sanction is lifted if, within a year from the date of application of the disciplinary sanction, the employee is not subject to a new disciplinary sanction, and he is considered to have no disciplinary sanction.

The employer, before the expiration of a year from the date of application of the disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

3. Protection of labor rights of citizens.

The concept of protecting the labor rights of workers must be distinguished in its broad and narrow senses.

Protection of labor rights of workers in the narrow sense of the word- this is ensuring compliance with labor rights, protecting them from violations, including prevention, restoration of illegally violated rights and the establishment by labor legislation and the actions of relevant bodies of real effective responsibility of employers and their representatives (administration) for violation of labor legislation, its non-compliance, i.e. e. for violation of the labor rights of workers. In this narrow sense, such protection is regulated by Sec. XIII TC.

In a broad sense, the protection of labor rights of workers should be understood implementation of the protective function of labor law, which, in turn, reflects the protective function of the state.

Article 352. Methods of protecting labor rights and freedoms

Everyone has the right to protect their labor rights and freedoms by all means not prohibited by law.

The main ways to protect labor rights and freedoms are:

self-defense of labor rights by employees;

protection of labor rights and legitimate interests of workers by trade unions;

state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms;

Disciplinary actionis provided by the legislator as a measure of liability for violation of the organization’s labor regulations. When applieddisciplinary action All labor legislation requirements must be taken into account. How to apply it correctlydisciplinary action e byLabor Code of the Russian Federation , you will learn from our article.

In what cases can disciplinary sanctions be imposed?

While providing incentives for conscientious performance of work, the legislator simultaneously introduces rules that regulate the issues of punishment of irresponsible employees.

Disciplinary action can be imposed on an employee only if the latter commits a disciplinary offense.

That is, if an employee does not perform (improperly performs) his job duties, then disciplinary action can't be avoided.

In particular, offenses include:

• absence of an employee from the workplace without reason for more than 4 hours in a row (absenteeism);
• failure to fulfill official duties stipulated by the employment contract or job description;
• the employee’s refusal to perform actions provided for by law, employment contract, job description or internal regulations of the organization with which the employee was familiarized (for example, refusal to undergo a mandatory medical examination, refusal to wear special clothing).

However, special federal laws may establish that disciplinary action imposed on an employee not only for committing an offense that violates labor discipline. For example, Law No. 2202-1 dated January 17, 1992 “On the Prosecutor’s Office of the Russian Federation” establishes that an employee can receive disciplinary action in case of committing offenses that may discredit the honor and dignity of a prosecutor.

Disciplinary penaltiesand I are divided into general and special.

To general disciplinary sanctions include the following:

• comment;
• rebuke;
• dismissal.

Special disciplinary action are provided for by regulations or laws on certain types of service (employees) in the Russian Federation. But the legislator clearly limits the employer: the use disciplinary sanctions that are not specified in federal law, discipline regulations or statutes are not permitted. Otherwise, the employer may be held administratively liable for imposing “extra” disciplinary sanctions according to Art. 5.27 Code of Administrative Offences. Only one disciplinary offense can be imposed disciplinary action. For example, if an employee appeared at work in a state of intoxication, and the employer reprimanded him for this offense, then dismiss the employee in accordance with subsection. “b” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation for the same offense he no longer has the right.

Disciplinary responsibility is an independent type of responsibility. Accordingly, in order to attract it, it is necessary to have the elements of an offense in the form of a subject, an object, subjective and objective sides.

The subject in this case will be a citizen who has an employment relationship with a specific organization and violates labor discipline.

The subjective side is the employee’s guilt in committing an offense.

Object - the work schedule of the organization.

The objective side is the violation itself and the connection between the employee’s actions and the resulting consequences.

The result of bringing to disciplinary liability is the imposition disciplinary action. In this case, the employer personally decides whether he will impose disciplinary action, because it is his right. This conclusion can be drawn from an analysis of labor legislation. But if he nevertheless decides to punish the employee, then deviation from the requirements of the law is unacceptable.

Procedure for imposing disciplinary sanctions

Disciplinary action may be imposed on an employee no later than 1 month from the day the employer recorded a case of violation of labor discipline. But this period of time does not include:

Don't know your rights?

• days when the employee was on sick leave;
• vacation;
• the time spent on coordination with the representative body (trade union).

It should be remembered that any disciplinary action cannot be imposed:

• 6 months after the date on which the disciplinary offense was committed;
• after 2 years from the date of the commission of the offense, which was revealed as a result of a financial, audit or audit.

These time limits will not include the period of time during which the criminal proceedings continued.

Procedure for applying disciplinary sanctions next.

Order to impose disciplinary liability

Imposition Order disciplinary action can be issued only in cases where the employee’s guilt is fully proven.

If an employee is subject to disciplinary action in the form of a reprimand or remark, then disciplinary order compiled in any form.

After issuing the order to impose disciplinary action The employee must be familiarized with it within 3 days. If he refuses to familiarize himself, then a corresponding act must be drawn up about this. Disciplinary action will be imposed in any case. This period of time does not include the period when the employee was absent from service.

If the employer does not comply with this deadline, the employee has the right to appeal the imposition disciplinary action.

Recording a violation of labor discipline by an employee in the form of a punishment order is necessary for the employer. After all, if there are several outstanding disciplinary sanctions an employee may be dismissed under clause 5, part 1, art. 81 of the Labor Code of the Russian Federation (an employee repeatedly fails to perform job duties without serious reasons, while having disciplinary action).

Sample order for disciplinary action

Imposition Order disciplinary action printed on the organization’s letterhead and registered in a special journal.

03/09/2017 Ekaterinburg

In connection with the improper performance by storekeeper Viktor Petrovich Nesterov of the labor duties assigned to him by employment contract No. 5 dated 09/01/2005 and the storekeeper’s job description dated 08/06/2004, which resulted in a lack of control over the preparation of shipped products, which led to a delay in delivery of goods to the customer,

ORDERS:

reprimand storekeeper Viktor Petrovich Nesterov.

Base:

1. Memorandum of the Deputy Head for Administrative and Economic Affairs O. V. Skvortsov dated 03/01/2017.
2. Act on the employee committing a disciplinary offense No. 45 dated 03/05/2017.
3. Explanations of the employee dated 03/02/2017.

Director of Horns and Hooves LLC ________________ I. P. Strelkov

How is a disciplinary sanction lifted?

Any disciplinary liability is of a continuing nature, but within the framework of labor relations between specific persons. That is why the legislator clearly established that if an employee within 1 year from the date of receipt of the previous disciplinary action has not received another one, he will be considered exempt from disciplinary liability.

The Labor Code establishes that disciplinary action is removed from the employee earlier in the following cases:

• at the request of the employer;
• at the request of the employee;
• at the request of the manager;
• at the request of a representative body (for example, a trade union).

Liberation from disciplinary action earlier than the established deadline is formalized, as a rule, by an appropriate order.

Although disciplinary action - This is one of the types of punishment on the part of the employer; it can be completely avoided by observing labor discipline. Please be aware that if there are multiple outstanding disciplinary sanctions you may well be fired under Article 81 of the Labor Code.

Articles 193--194 of the Labor Code of the Russian Federation establish a strict procedure for imposing and lifting disciplinary sanctions. Thus, before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. Requiring a written explanation from the employee regarding the claims made against him related to violation of labor duties, before applying a disciplinary sanction, is of great legal importance. The employee’s presentation of the circumstances that caused the violation of labor discipline allows the employer to objectively evaluate them.

If the employee does not provide an explanation before the expiration of two working days, the employer must draw up a corresponding act. At the same time, the employee’s refusal to give an explanation is not an obstacle to applying disciplinary action. Violation of the specified procedure for imposing a disciplinary sanction entails recognition of it as an illegal body for the consideration of labor disputes.

A disciplinary sanction can be applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees. The day when a disciplinary offense was discovered is considered the day when the official to whom the employee is subordinate became aware of the offense, regardless of whether this person is vested with the right to impose penalties or not. Bringing information about a disciplinary offense to the person exercising the right to hire and dismiss employees is the responsibility of the employee’s immediate supervisor. Failure to fulfill this obligation within one month deprives the employer of the right to take disciplinary action against the employee.

Vacation that interrupts the flow of a month should include all vacations provided by the employer in accordance with current legislation, including annual (main and additional) vacations, vacations in connection with training in educational institutions, vacations without pay (clause 34 Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2). Absence from work for other reasons does not interrupt the specified period.

In practice, the time of absenteeism, when the employee may not have known about the imposition of a penalty, is usually not included in this monthly period, and it begins to be calculated from the moment the employee returns to work. This rule also applies to so-called continuing offenses, when an illegal action (inaction) continues despite the application of a penalty.

After six months from the date of commission of the disciplinary offense, a disciplinary sanction cannot be applied. This period is calculated from the date of discovery, namely from the day the disciplinary offense was committed. The reasons for its expiration cannot serve as a basis for restoring the right to apply a disciplinary sanction. In Art. 192 of the Labor Code of the Russian Federation provides for an exception to this rule, which allows for the application of a disciplinary sanction no later than two years from the date of discovery of a disciplinary offense based on the results of an audit, inspection of the financial and economic activities of an organization or an audit. In this case, there is also a one-month period for imposing a disciplinary sanction, calculated from the date of discovery of the disciplinary offense. In this case, the day of detection should be considered the day the employer familiarizes himself with the audit report, documents of verification of financial and economic activities, audit, which indicate the commission of a disciplinary offense.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced against signature within three working days from the date of its publication. disciplinary liability penalty reprimand

A disciplinary sanction (with the exception of dismissal from work) can be appealed to the CTS, the state labor inspectorate, and the employee has the right to simultaneously appeal to the CTS and the labor inspectorate.

A disciplinary sanction in the form of dismissal can only be appealed in court.

Disciplinary action is valid for one year. After this period, the employee is considered unpunished, unless a new disciplinary sanction has been applied to him during this time. After the expiration of a one-year period from the date of application of the last disciplinary sanction, the employee is considered to have no disciplinary sanctions. In this case, the issuance of an order (instruction) is not required, since the disciplinary sanction is automatically lifted from the employee.

A disciplinary sanction can be lifted before the end of the year by the employer who applied it on his own initiative, at the request of the immediate supervisor, at the request of the employee himself or a representative body of employees, if the person subjected to disciplinary sanction has not committed a new offense and has proven himself to be a conscientious employee. Satisfying such a request is a right, not an obligation, of the employer. In this case, the employer or a person authorized by him issues an order (instruction) to lift the disciplinary sanction against the employee.

Article 81 of the Labor Code provides for dismissal for 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 improved, the penalty can be lifted early. The procedure for lifting a disciplinary sanction is not regulated by legal acts, but a certain practice has developed in applying this procedure.

What is disciplinary action

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

• reprimand;
• make a remark;
• dismiss for negative reasons.

These punishments are disciplinary sanctions. In this case, no further types of penalties are provided. There is, of course, special responsibility, but it does not apply to all employees, but to some categories of employees. For example, a military man who has been subjected to disciplinary punishment will never be rewarded according to the regulations; he will only have one type of reward - the removal of the penalty.

Employees of commercial organizations covered by the Labor Code may also suffer from penalties. Not only can an employee be fired for relapse and repeated punishment under paragraph 5 of Article 81, but the director also has the right to deprive a bonus of an employee who has an outstanding penalty.

In some companies, management, when developing bonus provisions, formulate one of the conditions: the bonus is awarded only in the absence of an outstanding penalty. But such wording may also be contained directly in the employment contract. Meanwhile, the penalty is valid for a year, which means only one thing: the violator of discipline risks being left without a bonus for a whole year.

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 towards discipline of each full-time employee.

Removal of disciplinary action

The director can remove the penalty, or he will be forced to do so by an order from a labor inspector or a labor dispute commission.

Thus, 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 management to the State Tax Inspectorate or to the dispute commission, if one operates in the organization.

For your information

The following decisions can be made on a complaint:

• satisfy the complaint if violations of the Labor Code are found (an order is issued to cancel the disciplinary order);
• refuse satisfaction if management acted within legal limits.

Accordingly, if the complaint is satisfied, an order must be issued: to cancel the disciplinary order against the employee for a specific violation.

The procedure for lifting a disciplinary sanction from an employee

Article 194 of the Labor Code explains that after a year has passed from the date of issuance of the discipline order, the punishment is automatically lifted. However In some cases, it is possible to remove the foreclosure early.

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

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

• no complaints about the work for a certain period;
• making improvement proposals;
• plan overfulfilment;
• accident prevention;
• active participation in public works, etc.

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

• the manager, having drawn conclusions from personal observations, can himself initiate the removal of the penalty (an order is simply issued);
• the employee can ask the director about this (at a personal meeting, presenting his reasons);
• the immediate superior of the person punished may petition the director (either the chairman of the trade union committee or a representative of the collective).

How to remove a disciplinary sanction. Decor

In the foreclosure repayment procedure, only two documents usually appear:

• 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 team decides to intervene in the fate of a colleague, the director must first convey a request for leniency towards the punished person by sending a petition addressed to him.

Petition to lift 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 elements:

• a cap;
• preamble;
• the pleading part.

In the header you need to indicate, as usual:

• Full name and position of the director;
• Full name and position of the applicant.

The text of the petition can be written as follows:

To MPC welder Razin A.A. for being late for work, he was reprimanded and order No. 13-d dated September 10, 2016 was drawn up against him. Currently, Razin behaves in a disciplined and responsible manner. . Thanks to his vigilance, a heating system accident 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 above, I request that the penalty against A.A. Razin be lifted ahead of schedule.

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

• foreman, head of a 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 lift a disciplinary sanction

There is no required order form, therefore it must be drawn up according to the company’s accepted business rules. The order must contain:

• Company name;
• date and registration number;
• information about the employee (name, position, department);
• basis (petition or decision of the director);
• director visa;
• introduction line.

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

Due to the fact that MPC welder Razin A.A. 09/20/2016 an accident of the heating system was prevented and in accordance with Article 194 of the Labor Code, I order: Early removal from Razin A.A. disciplinary sanction imposed by order No. 13-d dated September 10, 2016. Reason: petition from the head of the MPC, A.V. Grishin.

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 filed with it is placed in a folder according to the nomenclature. After this, the personnel officer will write down the details of the order on the T-2 card and the penalty will be considered lifted.

The procedure for imposing a disciplinary sanction begins directly with the investigation of the incident and ends with a fine, reprimand or even dismissal. In some cases, all three types of punishment are used if the offense was too serious. These are the most common varieties. But it should be noted that they are not the only ones. Depending on the situation, a decision may be made to apply a different type of punishment. It must not contradict the law.

The concept of disciplinary action

In order to better understand the problem, you need to clearly understand what it is. What types and procedures for imposing a disciplinary sanction are discussed in more detail below, and in this paragraph we should dwell on the concept itself from the point of view of legal relations. Thus, the main subjects are the employee himself and his employer. They act on the basis of the duties and rights that they have in accordance with the law and concluded agreements. Thus, in the Labor Code of the Russian Federation there is only an indication of what the employer can do, but if you study this document in detail, you can also find information about what is available or not available to the employee. For example, he has the right to find out the progress of the inspection, its results, get acquainted with documents, and so on. Among other things, he can also express his opinion, attitude, or even evaluate the actions of the inspectors, the data provided, and other similar factors. In addition, if necessary, the employee has the right to demand additional checks, audits, involve third-party specialists, a trade union and other persons who may in any way influence the final result of the investigation.

Violations

There are a huge number of offenses that result in the initiation of proceedings and an internal investigation. The procedure for imposing a disciplinary sanction implies that the employee must first be accused of something and prove the fact that he is responsible for the current situation. Most small, relatively insignificant episodes are resolved privately. It is enough to simply talk with the potential culprit, point out to him the inadmissibility of such actions, threaten him with possible consequences, and so on. Usually, this is more than enough to prevent situations from repeating in the future (or it happens as rarely as possible). However, in another case, when the actions (or inaction) of an employee caused serious financial losses, there was a threat to the life or health of other people, and so on, there will indeed be a need to conduct an official investigation.

Types of penalties

The Labor Code contains a fairly limited list of punishments for the culprit. However, there is a caveat that it can be changed or supplemented at the request of the employer, if applicable to the current situation. The procedure for imposing a disciplinary sanction on an employee requires that you first choose what the fine will be. This may indeed be a “ruble” punishment, that is, the employee will be obliged to compensate for all the company’s expenses that it incurred due to his misconduct. In another, less serious case, you can only get by with a written reprimand. But if, as a result of the misconduct, the situation is completely out of control, leading to casualties, significant losses, and so on, the dismissal of the culprit may follow.

Procedure

The first step is for the potential culprit to write an explanation of what happened from his point of view. In some cases, the employee's position will be completely inconsistent with what the prosecution says. In principle, he is not obliged to do this, but without an explanation, the commission that will understand the problem will not be able to take into account another point of view. So, if the employee does not want to write anything, he is given two more days, after which a special document is drawn up, in which this fact is recorded. Further, the procedure for imposing a disciplinary sanction under the Labor Code of the Russian Federation assumes that all evidence and evidence of actual guilt is collected. If everything is collected, the commission makes a decision taking into account all the information received. It is imperative to take into account any factors that, one way or another, can mitigate the employee’s misconduct. The next stage is the most difficult. The employer has the right to punish the culprit to the fullest extent or simply conduct an educational conversation with him. What to choose is up to him to decide. You need to focus on the relationships that have developed in the team, the personality of the culprit, his importance to the enterprise, the number of violations in the past and many other factors. Immediately punishing harshly may not always be beneficial. Sometimes it is quite enough to simply explain the degree of guilt and stipulate the conditions for further cooperation. In another situation, a really serious punishment may be required - up to and including dismissal. It is issued by a separate order.

Documenting

As can be seen from the previous paragraph, there are several basic papers that must be drawn up during the process of an official investigation and the subsequent imposition of punishment. The first of these is explanatory. It is not indicated anywhere in what specific form it will be drawn up, but usually they write to whom it is addressed, from whom, state the essence, put a date and signature. But if the offer to describe your point of view is refused, then a special act is already drawn up. It should contain information about where and when the paper was drawn up, who compiled it, in relation to whom, a description of the reason, and the process of refusing to write explanations should be recorded. All further documents practically do not have any requirements for registration. The only exception is the direct order imposing punishment. It is drawn up in a standard form for such documents and is offered to the culprit for signature. He may refuse to sign the order, but in this case another act similar to that described above is drawn up.

Deadlines

The procedure for imposing a disciplinary sanction has certain deadlines. An employee cannot be punished if more than a month has passed since the offense occurred. It should be remembered that this period does not include vacations, sick leave and similar factors. That is, you cannot commit a crime and not receive punishment. In addition, if the trial process has already begun, it must be completed within six months, otherwise punishment again cannot be imposed. But if the results require an audit, the time during which a penalty can be imposed increases to two years. It should be noted separately: It is not included in the list of punishments, so even without the trial itself, the potential culprit can be deprived of such payments.

Cancel

In many cases, the procedure for imposing a disciplinary sanction on an employee and appealing it implies a certain period of validity of the punishment. Most often this is a one-time action such as a monetary fine. But sometimes, especially in large enterprises, there may be other types of long-term penalties. The simplest example is the deprivation of certain allowances (if permitted by law) for an indefinite period. In this case, 1 year is always considered. Thus, after the punishment period has expired, the employee, his immediate supervisor or other interested party may demand that the punishment be lifted. This can be done earlier if the culprit has truly atoned for his actions that led to the penalty.

Features for the military

The army has its own rules, somewhat different from those used in a normal situation. For example, the procedure for imposing a disciplinary sanction on a military personnel does not imply an explanation of the culprit of the incident. In addition, the severity of the punishment itself may directly depend on the rank of the military man who committed the offense. If the problem arose when a citizen serving in the army was on combat duty, this could serve as an aggravating factor.

The military doesn't have many reasons that can be considered valid. The timing also varies. In most cases, punishment follows immediately after the offense or the next day. The maximum period is 10 days. Over the next decade, the culprit can file a complaint if he does not believe that the punishment is fair. If at the time of the incident the soldier is on duty, then the penalty is imposed the next day after the change of duty. Military personnel who are guilty of drinking alcoholic beverages receive punishment only after they sober up. Separately, it should be noted that higher command can either cancel the penalty or tighten it if such a need arises.

Civil servants

For this category of employees, almost the same rules apply as for ordinary employees of private companies. But the procedure for imposing a disciplinary sanction on a civil servant also implies deviations. The main one can be considered that, in addition to the Labor Code of the Russian Federation, when punishing the culprit, it can also be used. This does not apply to all civil servants, but this factor must be taken into account. Among other things, the main document is also different. In the case of an employee of a private company, the basic one is But for government employees such a concept does not exist. In their case, special service discipline is applied. It is regulated by laws and regulations.

Law enforcement agencies

The procedure for imposing a disciplinary sanction on a police officer is established by a special Regulation on the Service. If you delve into the essence of the problem, it becomes clear that there are not many main differences from the Labor Code of the Russian Federation. One of them is a more extensive list of possible penalties. If in a normal situation with an employee of a private company the punishment is a fine, reprimand or dismissal, then in the police this list is a little more extensive. The culprit may be demoted in position or rank. He may be deprived of his badge or issued a warning that the employee is not fully suitable for the position he occupies. In addition to the usual reprimand, the concept of a “severe reprimand” appears. As the most extreme measure, the procedure for imposing disciplinary sanctions in the Ministry of Internal Affairs involves dismissal from the authorities. It should be noted that in most cases a written explanation from the culprit is not required.

Bottom line

The Labor Code of the Russian Federation is taken as the basis for all options for investigation and punishment. Even when the problem concerns military personnel, the Ministry of Internal Affairs or civil servants, this document is still the basic one. The existing differences, although significant, are not global, and the general procedure for imposing a disciplinary sanction still involves several basic steps: committing an offense, establishing guilt, punishment and rehabilitation.