After breaking work schedule The employee may be subject to disciplinary action. By default, it remains in effect for one year from the date of issuance of the order. An application can be filed for early release of an employee from liability. It is addressed to the head of the organization. There is no single document form. A sample is available for download at the end of the article.

Petition for withdrawal disciplinary action always submitted in writing. Although there is no single form for the document, there is a list of required details.

The application form includes the following items:

1. Addressee data: full name, position.
2. Applicant's details: full name, position.
3. Document's name.
4. Request for the removal of a disciplinary sanction against an employee. His full name and position are indicated, a reference is made to the number and date of issue of the order.
5. Grounds for early release from liability.
6. Signature of the applicant with transcript.
7. Date of submission of the application.

What is considered grounds for early removal of a disciplinary sanction? First of all, conscientious performance official duties. Some employees make a lot of efforts for professional growth, and such a measure becomes an encouragement. Then in the petition it is worth referring to the fact that this worker is considered one of the best in his field.

Important! The petition is written for early withdrawal of the penalty. In general cases, it is removed automatically after a year.

Also in the list of grounds, one can mention the fact that the employee was not previously held accountable. Another reason is the need for motivation. Not satisfied with the decision of the management, some workers begin to work with less efficiency. In such a situation, early removal of restrictions may encourage them to professional development.

What types of punishment can be canceled

Disciplinary violations include lateness, absenteeism, non-compliance with internal instructions and requirements employment contract, negligent attitude to their duties, failure to comply with the instructions of superiors, and the like. Rules of conduct and work schedule should be fixed by local regulations. Any violation for which a penalty is due must be documented.

Depending on the reputation of the employee and the frequency of misconduct, he may be assigned one of the following types of responsibility:

• comment;
• rebuke;
• calculation.

By submitting a petition for the removal of a disciplinary sanction according to the model, you can cancel the first two types of punishment ahead of schedule. This possibility is provided for in Article 194 of the Labor Code. Dismissal from work is considered a last resort and is applied only for repeated violations during the year.

Who has the right to initiate the abolition of punishment

In order to impose a disciplinary sanction on an employee, an appropriate order of the head is issued, on which his signature is put. Early release from liability is carried out in the same way. But for this you need to submit a petition to the authorities.

Several employees have such powers, including:

• direct supervisor;
• the worker himself;
• representative body of the collective;
• Head of the organization.

If the employee who received the punishment fulfills his duties in good faith, his immediate supervisor may apply for early removal of restrictions. The same can be done by a trade union or other representative body. The petition should indicate that since the time of prosecution, the employee has observed labor discipline, and there are no claims against him.

It is easier to issue a withdrawal of penalty if the initiative comes from the leader himself. He can immediately apply to the personnel department to issue an order. In this case, no application is required.

Can the employee himself ask for early release from liability? In fact, he has such a right. In a statement, he can indicate that he has realized his guilt and at the moment has no claims from the management. His petition to cancel the punishment must be agreed with the immediate superior.

How restrictions are lifted

Not available for application unified form. However, the enterprise may have an approved template. You can obtain a sample petition for removal of a disciplinary sanction from the Human Resources Department.

The cancellation of punishment occurs in several stages:

1. Filling out the form. Indicate the data of the employer, the applicant, as well as the reasons for early release from liability.
2. Coordination with the immediate supervisor and setting the appropriate mark (if submitted by the employee himself).
3. Submitting the application to management.
4. Issue of the order.

The final decision on whether the employee will be released from liability ahead of schedule is made by the head of the organization. He will assess how significant the reasons listed in the application are. According to the results, he can either remove the restriction or leave it in force. If it is decided to cancel the punishment, an order will be issued indicating the date and number of the order to issue a reprimand.

By default, a remark or reprimand is valid for a year. After this period, it is not required to prepare any documents for its cancellation. On the other hand, no minimum sentence has been set. You can issue an order to cancel it in a few days if the employer has good reasons.

How to cancel multiple charges

What if, due to disciplinary violations, an employee already has several reprimands or comments? On the basis of an application, it is allowed to withdraw both one penalty and several. An exception to this rule are areas where a different procedure is approved by law (as an example, this applies to customs service).

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In general cases, the disciplinary sanction remains in effect for a year. To cancel it ahead of schedule, you will need to submit a corresponding request to the management. In the document, it is important to indicate the reasons for exemption from liability. These may be professional achievements, a conscientious attitude to one's duties, the absence of new violations of discipline. You can download a sample application from the link below.

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An undoubted plus of the punishment imposed is the possibility of removing or annulling it. It allows us to do this, which indicates that this can be done at the request of the employer, and if a petition for cancellation has been received from the employee. However, a more appropriate form of appeal would be a statement. The reasons for doing this may be the conscientious work of the delinquent employee, high performance in work and the absence of violations of discipline.

The punishment not removed by the order when committing a repeated misconduct can be regarded as a repeated violation of the labor schedule and.

The cancellation of the penalty is especially important if the penalty entails a reduction in bonuses or other restrictions enshrined in the Labor Regulations or the Collective Agreement.

The initiative may come from the employer

The immediate head of the department or workshop has the right to contact to CEO by filling out a sample application for early removal of a disciplinary sanction, that is before a year from the date of issue. It specifies the reasons why the punishment can be cancelled. If the decision of the management is positive, an order is issued to remove the reprimand or remark.

A representative body of employees, if the organization has one, can also make a similar request to the administration. On his behalf, a sample petition for the removal of a disciplinary sanction can also be drawn up. A collective request may carry more weight than the appeal of the employee himself.

If the penalty is lifted, and the employee again violated discipline, and sanctions were applied to him in the form of a reprimand or remark, the violation is not considered repeated. The countdown of the annual period begins from the moment the second punishment is announced.

1. Automatic the removal of a disciplinary sanction occurs after the expiration of time and cannot be recast.

   We will find out after what time this overlay can be removed. Validity - 1 year.

   current punishment removed, if absent for this period repeated overlays.

   If in any questionnaire it is required to indicate the existence of a punishment, one year after them overlays the employee must write "no".

   Repeated disciplinary sanction before the expiration of the year of its application extends the first. The countdown begins anew, from the moment the order for punishment is issued. for the last misdemeanor.

   The wording in the order systematic violation' will be correct in this case.

2. Early removal of disciplinary action.

   Initiator early withdrawal of penalty may be the employee himself, the superior manager of the employee, trade union committee or employer.

   Any, including oral, disciplinary sanction is considered withdrawn if, for a long time, the employee showed himself positively.

   In favor of the one who corrected the situation conscientious work and lack of comments on labor discipline, can be filed written request on the removal of a disciplinary sanction (a sample is available for download below) to the head.

Statement for the removal of a disciplinary sanction (sample order below in the article) should contain the date and number of the primary order, again the essence of the violation in the document can not be recorded.

Appeal procedure

There are situations when the employee does not agree with the imposition or with. Cause not only absence, but also lack of evidence of the employee's guilt, as well as incorrect documentation.

Proper documentation of events in labor relations will allow interested parties to defend their interests in the event of disagreement.

On the part of the employee, unlawfully imposed recovery may be one of the instances:

• commissions on labor disputes;
• labor inspection;
• judicial order.

Let's see what the procedure for lifting a disciplinary sanction is. Commission on Labor Disputes (hereinafter referred to as CCC) - operates at the enterprise where there is trade union organization. This body or court must file a claim on the removal of a disciplinary sanction (), where give reasons and motives for which the employee considers the penalty unreasonable.

The applicant keeps a copy of the application with a mark of acceptance. If there is no KTS at the enterprise, then a similar application is sent to the labor inspectorate.

Complaint needed substantiate references to specific articles of the Labor Code, which, according to the applicant, the employer violated. In any case, the employer will have to justify (read about how to issue a disciplinary sanction and who has the right to impose it).

Now you know how to remove a disciplinary sanction in the form of a remark.

Important! A disciplinary sanction is not applied after 6 months from the date of the act.

Documentation

For an employer, incorrect or incomplete documentation of a misconduct committed by an employee can result in additional costs.

A positive court decision to cancel the disciplinary sanction will impose an additional estimate on the company.

So, for the reinstatement of an unlawfully dismissed employee, the enterprise will have to, at a minimum, pay legal costs, and the employee wages for the period of forced absenteeism.

Considering that the time for passing cases in courts is measured in months, you can lose quite an impressive amount.

Making a claim, personnel workers need to check all aspects of compliance with the Labor Code:

1. No more than one penalty for a misdemeanor shall be applied.
2. Complied .
3. It was taken from the guilty person or made to provide it.
4. The date of the order does not coincide with the day when the employee was on sick leave, on vacation, or in the performance of public duties.
5. The employee is familiar with the recovery order.
6. Other.

On the other hand, for the worker important to apply maximum of documents in your defense. For example, an employee punished for systematic delays can submit copies of their explanatory notes with a printout of the route to work and traffic jam maps for the date and time of the delays.

Besides, the signature of the employee on the documents is required.

In this case, regulating the labor schedule.

This is the beginning of the working day, the time of the break, the duration of the working time, the place of performance of duties.

Punishment for misconduct or being late should not be a "lifetime stigma".

We hope that now you know the procedure for appealing and lifting a penalty. The legally fixed opportunity to remove it is designed to improve the quality indicators of labor, help the employee to draw the right conclusions and work successfully in the future.

02.01.2019

A sample statement of claim for the cancellation of a disciplinary sanction order has been prepared taking into account recent changes labor legislation.

For improper performance job duties Employees may be subject to disciplinary action. The main types of disciplinary sanctions are notice, reprimand and dismissal. Separate provisions may provide for other types of penalties for certain categories of employees.

Disciplinary sanction must be applied by the employer on legal grounds, the fault of the employee must be established, the circumstances under which the violation was committed, the severity of the misconduct must be assessed. Before applying punishment, the employer must take an explanation from the employee. The employer cannot apply several penalties for one misdemeanor, the penalty is imposed within 1 month from the date of discovery of the misconduct.

An employee who does not agree with the actions of the employer has the right to apply to the court with a statement of claim to cancel the order for disciplinary action. In the application, it is desirable to explain in detail the situation, indicate what actions the employee performed, what was the reason for this, why disciplinary punishment is illegal. To collect the necessary evidence, the employee can submit to the employer.

In addition to the court, an employee can apply with. The choice of body is determined by what result the employee is going to achieve. In court, the employee will prove all the circumstances on his own, however, the court decision can be enforced by determining the amount of monetary penalties.

Please note that in the complaint disciplinary punishment can be claimed wages, other payments, compensation for non-pecuniary damage. When punished in the form of dismissal of an employee, it is better to file.

AT ________________________________
(name of court)
Claimant: ____________________________
(full name, address)
Respondent: __________________________
(full name of the entrepreneur or
company name in full
address)

STATEMENT OF CLAIM

canceling the disciplinary order

I work at the enterprise _________ with "___" _________ ____ in the position of _________. By order No. ___ dated "___" _________ ____, a disciplinary sanction was unlawfully applied to me in the form of _________ for _________ (indicate the grounds from the order). I consider the order to apply a disciplinary sanction illegal, because _________ (specify reasons).

In accordance with Article 237 of the Labor Code of the Russian Federation, moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in the amount determined by agreement of the parties to the employment contract. In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation.

The illegal actions of the employer caused me moral harm, which was expressed in _________ (indicate specific experiences, for example: stress, depression, insomnia, etc.). I estimate the moral damage caused to me at _______ rubles.

Based on the foregoing, guided by Article 391 of the Labor Code of the Russian Federation, articles 131-132 of the Civil Procedure Code of the Russian Federation,

I beg:

1. Cancel the disciplinary sanction imposed on me by order N ___ dated "___" _________ ____ in the form of _________ (indicate the type of sanction).
2. To collect from _________ (name of employer) in my favor on account of non-pecuniary damage _______ rub.

List of documents attached to the application(copies according to the number of persons participating in the case) :

1. Copy of the claim
2. A copy of the order for the employment of the plaintiff
3. Labor contract
4. Plaintiff's job description
5. A copy of the order on the application of disciplinary action

Date of application "___" _________ ____ d. Petitioner's signature _______

Download sample application:

52 comments to “ Complaint for the cancellation of a disciplinary order”

If an employee commits a disciplinary offense, the employer has the right to apply one of the disciplinary sanctions to him (Articles 22, 192 of the Labor Code of the Russian Federation). Their list is defined in Art. 192 of the Labor Code of the Russian Federation:

• Comment.
• Rebuke.
• Dismissal.

Obviously, in relation to a dismissed employee, the question of lifting the penalty cannot be raised. Therefore, only the punishment that was issued in the form of a remark or reprimand can be removed. And only if the employee at the time of removal continues to work for the employer, who has determined the punishment for his misconduct.

On our forum, you can consult on resolving any difficult situation that has arisen in the course of interaction between an employee and an employer. In, for example, you can clarify how to competently carry out the procedure for dismissing an employee at the initiative of the employer.

The procedure for removing penalties

About how the penalty can be withdrawn, it is written in Art. 194 of the Labor Code of the Russian Federation. There are two possibilities for this:

• After the expiration of the penalty (1 year) from the date of its issuance, if the employee has not committed new disciplinary offenses during this period.
• Early, if anyone takes the initiative in this matter.

Both types of punishment (both a remark and a reprimand), as a rule, are assigned by an organizational and administrative document reflecting the decision of the head of the employer and signed by him. Accordingly, the decision on early withdrawal of the penalty will be taken at the same level and executed in a similar way.

Upon expiration of the period of validity, the penalty is removed automatically and does not require the issuance of a special order.

Who initiates early withdrawal?

For early withdrawal, someone's initiative is needed. It may come from:

• the head of the employer;
• employee;
• the immediate supervisor of the employee;
• representative body of the collective, which can be both a trade union organization and a meeting of workers.

It is enough for the head of the employer, who has decided to lift the penalty, to instruct the preparation of the corresponding order. The employee will write a statement addressed to the head of the employer with a request to consider the possibility of lifting the penalty. And the immediate supervisor of the employee or the body of the collective will have to draw up a petition for the removal of a disciplinary sanction. If the initiative to withdraw comes from a collective meeting, such a document may be the minutes of the meeting or an extract from it.

Sample Application

The petition does not have any special form, but must be in writing and contain the following information:

• To whom and from whom does it come.
• The essence of the request with reference to the position and full name of the employee, the type of the current punishment and the details of the document to which it was assigned.
• Factors that allow you to apply for early removal of the penalty.
• Signature (with decoding) of the person who prepared the document, and the date of its compilation.

Based on this document, the head of the employer will make a decision to remove the punishment or to refuse it.

A sample petition for removal of a disciplinary sanction can be viewed on our website.

Results

A petition for the early removal of punishment from an employee is a document that is not difficult to draw up, but requires that it be drawn up with the inclusion of all the necessary data in the content to ensure the unambiguity of the information contained in it.