Disciplinary action is not the most pleasant phrase. Everyone knows perfectly well what follows these two words. Therefore, this topic is worth considering very carefully - after all, in this case, the more you know, the better you sleep.

Types of disciplinary sanctions

Let's start by characterizing this concept according to the legal norms that regulate it. It is closely related to the logical reason for its appearance, namely, violation of labor discipline. Any offense that violates the work routine adopted in the organization falls under this definition. Lateness, absenteeism, unjustified leaving of the workplace assigned to an employee, even disorder in it - are punishable by the imposition of certain sanctions, the last resort of which is dismissal.

• 1. Note;
• 2. Reprimand, with or without an entry in the personal file;
• 3. Dismissal justified by the grounds competent for this action.

As you can see, they are arranged in order of increasing severity of the resulting consequences. If a reprimand is a kind of warning, and a reprimand is a suggestion, an indicator that the employee should emulate the example of discipline in his actions, then the last point indicates the highest degree of loss of trust.

Separately, the Labor Code of the Russian Federation states that other types of disciplinary penalties are provided for certain categories of working citizens. For example, for financially responsible persons, the penalty can be monetary, realized as the withholding of part of the salary funds or as the deprivation of a bonus. The latter method is often practiced in the case of employees who do not fulfill production plans to the required extent.

Reasons for disciplinary action against an employee under the Labor Code of the Russian Federation

The main prerequisite for this type of action on the part of management can be any action of an employee associated with failure to fulfill his job duties. Improper execution of these is also a reason for the application of punishment.
Essentially, negligent attitude towards work and banal lateness without good reason, and unreasonable early departures may well become the reason that something from the list of measures named under the previous heading will be applied to you - both a simple remark and a reprimand and dismissal.

Form and example of a disciplinary sanction order

There is no mandatory form of order, but this document is subject to general bureaucratic norms.
The order must have:

• In the header there is the company name and details.
• Next, indicate the name of the order, its number and date of preparation.
• After that comes part of the justification: a description of the violation, the full name of the offending employee, the formulation of the offense, indicating the article or legal act on which it is based.
• The main part ends with a bureaucratic formulation of the assigned responsibility, indicating the grounds and the verdict issued by the management: dismissal, fine, reprimand or reprimand.
• The last point is signatures. The sample order must have a line for the autograph of the director or his replacement, as well as a place for the signature of the employee in question.

The basic rules for drawing up an order can be seen in more detail and clearly in a sample of this type of paper. They can be easily found by copying the subtitle of this part of the article into the search bar of your browser. Below we will provide several links with relevant collection orders.

Samples

A standard form available for download will help you fill out your order correctly. Here it is important to indicate the reason why it was decided to hold the employee accountable. It is also important to attach evidence to the document when it comes to such a serious measure as dismissal.

• In the form of a reprimand
• order of disciplinary action for absenteeism

The imposition of such punishment only seems to be a superficial measure. In fact, this gives the employer the full right to deprive a subordinate of bonuses provided for under the contract, so it is important not only to know the labor regulations, but also to comply with them in the workplace.

Appealing an order to impose a disciplinary sanction - appeal procedure

Of course, a person who has been punished may well be dissatisfied with the fact that it was imposed on him. Its removal is initiated by appealing the decision made by management in the relevant authorities:

• In a court;
• Labor Dispute Commissions;
• At the labor inspectorate of the municipality.

Mere desire or seething discontent is not enough for conversion. This action must be accompanied by objective reasons: incorrect execution of the resolution, incompetence of sanctioning actions, violation of the order of imposition (for example, lack of a written explanation for committing an offense) and other omissions of management.

The period allotted for appeal is three calendar months. The application for appeal must be completed during this period. If you are fired, you have a month to restore your good name.

Sample order to lift a disciplinary sanction

The issuance of such a decision on withdrawal must be motivated by the employee’s petition.

It states:

• Description of the motivation that initiates this action of the paper, the reasons for withdrawal;
• Full name of the employee and position;
• Contents of the resolution;
• The basis for its issuance.

Signatures of responsible persons are required!

What are the consequences of refusing to sign a disciplinary sanction order?

Just by drawing up an act of refusal to sign. The action cannot have any consequences. An employee may familiarize himself with the order, but refuse to sign it, regardless of the punishment imposed: a reprimand, reprimand or dismissal.

Refusal to sign such a document is a form of expressing one’s disagreement with its contents.

An order for disciplinary action is issued based on the explanations of the employee (in writing) who violated labor discipline.

• the offender is subject to disciplinary action;
• the day is counted as absenteeism (if absenteeism occurred);
• the violator is deprived of bonuses, allowances, etc.;
• the employee is notified of the possible consequences of a repeated violation;
• the HR department is tasked with preparing the necessary documentation;
• The boss of the offender undertakes to familiarize the employee with the order against signature.

Information about a disciplinary sanction is entered into the work book only if it acts as a dismissal.

There is no unified, specially developed sample order for disciplinary action. Organizations can independently develop an order template or write it in free form. To write an order, you can use the organization’s letterhead or a regular A4 sheet. The law allows the writing of a disciplinary order either by hand or in printed form, but the original signatures of the director of the organization, as well as the offending employee, must be present on it.

FILES

Who issues the disciplinary order?

Depending on the situation, the head of a structural unit, department or the head of the organization can impose a penalty. The order is most often filled out by the company secretary, lawyer or HR specialist. After registration, the order is submitted for signature to the director or another employee authorized to sign such documents.

Before placing an order

Before issuing an order to impose a penalty, it is necessary for the offending employee to give written explanations, which should be considered by his immediate supervisor. The results of the review are included in a report, which the head of the unit passes on to higher authorities. If an employee refuses to give an explanation, this must be included in a special act.

In cases where a disciplinary violation led to injuries, accidents, etc. consequences, the organization should create a special commission to investigate the incident, since in some situations this offense may be recognized as a crime and serve as the basis for initiating a criminal case. The results of the inspection must also be reflected in the relevant act.

Thus, before writing an order for disciplinary action, it is necessary to prepare three main documents that will serve as the basis for issuing the order: an explanatory statement from the employee, a memorandum from his immediate superior and an act on the identification of the violation.

How to place an order correctly

The order on the responsible person has a completely standard structure. It must contain information about the legal entity in which the employee who was subject to the penalty works and his personal data. It should also indicate the reason for the penalty, indicate the punishment, and provide links to the documents that served as the basis for the issuance of this document.

The legislation establishes three options for penalties:

• dismissal;
• disciplinary reprimand;
• Just a simple note.

Any other methods of collection will be unlawful. The form of punishment is determined by the head of the organization, depending on the employee’s explanations and the severity of his offense.

It is also important to remember that only one type of penalty can be imposed for one violation.

Instructions for writing a disciplinary order

• At the beginning of the document, the full name of the legal entity is written, indicating its organizational and legal form (CJSC, OJSC, LLC, individual entrepreneur). Then the word “Order” is written, its number according to internal document flow is indicated and the essence of the document is briefly indicated.
• In the line below you should enter the locality in which the organization is located, as well as the date the order was filled out (day, month (in words), year).
• Next, you need to provide detailed information about the essence of the claim against the employee, in other words, the reason for imposing the penalty. Here you should enter his last name and first name. patronymic (first name and patronymic can be in the form of initials), date of the identified violation.
• After this, you need to enter the word “I order” and enter the appropriate order (to reprimand, make a reprimand or dismiss the employee). Below are the reasons for issuing the order (memorandum, explanatory note, act, etc.).
• Finally, the order must be signed by the management team: the director of the enterprise, the head of the structural unit, the person responsible for personnel. The offending employee must also sign the order.

If desired, the order can be certified with a seal, but since 2016, legal entities do not have to have a seal. If the enterprise has a trade union body, then it must also be marked.

After writing the order

When imposing a disciplinary sanction, it is worth remembering the period during which it can be imposed after the violation has been committed: this period is equal to one month(in this case, employee illness, vacation, etc. are not taken into account). That is, for example, if an employee missed work on July 15, and this became known on August 18, then it is no longer possible to punish him.

An employee who has been subject to a penalty and considers it unfair can appeal this decision to the labor inspectorate or court.

For violation by an employee of his labor duties, he can be brought to . And for this measure to have the desired effect, it is necessary to correctly issue an order to apply a disciplinary sanction

From this article you will learn:

• in what cases is an order to impose a disciplinary sanction issued;
• what does an order to apply a disciplinary sanction look like according to the established model;
• how to issue an order for disciplinary action in the form of a remark;
• in what situations is an order to impose a disciplinary sanction in the form of a remark according to the established pattern applied?

Order to impose a disciplinary sanction

Grounds for imposing disciplinary sanctions

A general list of grounds that may be a sufficient reason for applying any type of disciplinary action to an employee, up to , is given in several articles of the Labor Code. In this case, instructions on the relevant sections of legislation are listed in Art. 192 Labor Code of the Russian Federation.

In particular, disciplinary measures may be applied to an employee in the following cases:

• clause 5, part 1, art. 81 Labor Code of the Russian Federation— repeated failure by an employee to fulfill the duties assigned to him in the absence of valid reasons. Such grounds may result in a reprimand or reprimand being applied to the employee, however, he can be dismissed on this basis only if he already has a previously issued disciplinary sanction;
• clause 6, part 1, art. 81 Labor Code of the Russian Federation- a single violation of official duties in a gross form. Such violations include (absence of an employee on site for a period of time from 4 hours to the entire duration of the working day or shift), going to work in a state of intoxication of any origin, disclosing the content of a secret to which the employee gained access in connection with his official position, theft in the workplace or violation of labor safety requirements, which entailed or could entail the onset of serious consequences;
• clause 7, part 1, art. 81 Labor Code of the Russian Federation- commission of an offense by an employee whose work activity is related to and values, if such an offense was committed directly at the workplace and became the reason for the loss of trust on the part of the employer;
• clause 7.1 part 1 art. 81 Labor Code of the Russian Federation— failure to provide information about one’s property, income, interests and other characteristics if their concealment causes a loss of trust on the part of the employer, and the provision of such information is mandatory in accordance with current legislation.

Question from practice

How to issue an order to impose a disciplinary sanction?

The answer was prepared jointly with the editors

Ivan Shklovets answers:
Deputy Head of the Federal Service for Labor and Employment

When all evidence of the employee’s guilt has been collected: , , issue an order to impose a disciplinary sanction.

If the penalty is a reprimand or reprimand, then issue the order in .

And if, as a penalty, the organization decides to dismiss an employee, then issue an order to terminate the employment contract according to the unified , approved or by . In this case, it is not necessary to issue an additional order to apply a disciplinary sanction in the form of dismissal. At the same time, the issuance of two orders is not considered a violation of labor legislation. Similar explanations are given by Rostrud specialists in …

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Note! A disciplinary sanction may be imposed on the manager, his deputy or the chief accountant for making a decision that led to serious material damage to the organization or harmed the health or life of the company's employees.

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Actions of the employer upon detection of employee misconduct

In a situation where it becomes known that an employee has violated his official duties or , the employer should conduct a thorough investigation into the circumstances of the incident and analyze the reasons that led to the corresponding result. Based on the results of the investigation, he may decide to impose a disciplinary sanction.

First of all, it is necessary to obtain explanations from the head of the department, which he must submit in the form of a memo. In some cases, to confirm the fact of a violation, for example, , medical or other expert opinion may be required.

The employer is also obliged to demand from the violator an explanation of the misconduct in writing. The employee must present his version of what happened within two days after the incident.

Note! If explanations are not provided, an appropriate act must be drawn up about this.

Order on application of disciplinary sanction (sample)

If, based on the results of the investigation, the employee’s guilt is proven, the employer has the right to apply a disciplinary sanction to him corresponding to the offense. At the same time heshould be guided by the provisionsArt. 192 Labor Code of the Russian Federation , which requires that the severity of the violation be correlated with the sanctions applied.

In this case, the decision made must be formalized by an order imposing a disciplinary sanction. example of such no order has been established. But from its contents it should be clear all the circumstances, conditions and consequences of what happened.

An order is issued to impose a disciplinary sanction according to the general rules. Its main text should consist of stating, administrative and concluding parts.

If during the investigation certain documents were drawn up, including explanatory notes, expert opinions, etc., it is advisable to record their details in this section.

The ascertaining part provides a description of the fact of the disciplinary offense and provides references to the sections violated by the employee . In the administrative document, the final decision on the type and nature of the imposed penalty is indicated.

The final part of the document includes the date of its preparation, the signature of the head of the company and its seal. In addition, it is advisable to insert columns in this section for the signatures of employees who were involved in the incident.

Practical situation

Should I draw up a report on the application of a disciplinary sanction?

The answer was prepared jointly with the editors of the magazine " »

Veronica SHATROVA answers,
labor law expert, director and editor-in-chief of System Personnel

The employee committed a disciplinary offense. We collected documents: a report, an act, an explanatory note. Based on the results of consideration of the misconduct, before issuing an order, is it necessary to draw up an act or other document on the application of a disciplinary sanction?

The law does not oblige the employer to draw up such a document (Article 193 of the Labor Code of the Russian Federation). The main thing is that there is an order for disciplinary action. At the same time, it is possible to draw up an act, especially if the decision to sanction is not made by the manager alone, but is made by a commission based on the results of the investigation. In this case, the act reflects the results of the commission’s work and its decision. Subsequently, on the basis of this act, an order for recovery is issued signed by the head...

The full answer is available after free

Note! The violator must be signed within three working days from the date of publication of the document. In case of refusal to sign, a corresponding act must be drawn up.

Order of disciplinary action in the form of a remark

According to Art. 192 Labor Code of the Russian Federationa reprimand is one of the three main types of disciplinary action. Moreover, if a reprimand is chosen as the type of punishment for the culprit, the corresponding order will be issued according to the general scheme.

When applying a disciplinary sanction against an employee, the employer must comply with the rules established by law and the procedure for its execution, and also check whether the . It is important to take into account all the nuances, since an employee can appeal against the employer’s illegal actions in court.

Note! In fact, a reprimand is the mildest form of disciplinary action, which should be used as punishment for misconduct that does not cause serious damage to the organization.

Order to impose a disciplinary sanction and remark: sample

The procedure for filing all types of disciplinary action is the same. The main difference will concern the administrative part of the order, which records the chosen measure of influence on the employee.

Note! For one violation, only one penalty can be applied to an employee.

On the application of disciplinary sanctions in the form of a reprimand

In connection with the violation by the storekeeper Kirillov K.K. paragraphs 3.1 and 3.3 of job description No. 4, approved by order of the General Director of Time LLC dated 08/11/17 No. 32, which resulted in failure to fulfill the instructions of the immediate manager to receive, sort and place products in the warehouse 5

I ORDER:
1. Apply disciplinary action to Kirillov Kirillovich in the form of.
2. Head of the HR Department S.S. Sidorov introduce Kirillov K.K. against signature with this order.

Reasons:
— memorandum from the head of the finished products workshop I.I. Ivanov. dated 07/07/2018;
— act of non-fulfillment of labor duties without good reason dated 07/07/2018 No. 2;
-request for explanation dated July 7, 2018 No. 1;
— act on the absence of written explanations dated July 10, 2018 No. 3.

General Director Petrov P.P.

The following have been familiarized with the order:

storekeeper Kirillov K.K.
Head of HR Department Sidorov S.S.

Order to impose disciplinary liability

For committing a disciplinary offense, namely: admitting workers to a construction site on October 12, 2018 in the absence of protective devices and without the use of personal protective equipment by workers

I ORDER:

1. Reprimand the head of the site, Pavel Potapovich Potapov.

Reason: order of occupational safety specialist Ivanov I.I. dated October 12, 2018, explanatory note from the head of the section Pavlov P.P. dated October 12, 2018, clause 5.3 of the job description of the head of the section, clause 26 of the Labor Safety Instructions OT-116/02.

General Director Sidorov S.S.

Order on application of disciplinary sanction

In connection with the established fact of making an incorrect entry about a transfer to another job in the work book of leading engineer Petrov P.P.

I ORDER:
1. Announce to the HR department inspector M.I. Ivanova. rebuke.
2. Head of the HR Department Mikhailova M.M. ensure that leading engineer P.P. Petrov is included in the work book. correct entry, recognizing the previously made entry on transfer to another job as invalid in the manner established by regulatory legal acts.
3. Secretary-clerk Kuznetsova K.K. familiarize with this order the inspector of the HR department Ivanova M.I., the head of the HR department Mikhailova M.M., the leading engineer Petrov P.P. under personal signature no later than one business day from the date of publication of this order.
4. I reserve control over the execution of this order.
Reason: memorandum by leading engineer Petrov P.P. dated 07.11.2018, presentation by the head of the HR department M.M. Mikhailova. dated 07.11.2018 on the imposition of a disciplinary sanction, written explanation from the inspector of the HR department Ivanova I.I. from 07.11.2018.

General Director V.V. Vasiliev

The following have been familiarized with this order:

HR Department Inspector I.I. Ivanova

Head of HR Department Mikhailova M.M.

Leading engineer Petrov P.P.

Order of disciplinary action

Because. that on the night of March 12-13, 2018, watchman S.S. Sidorov was absent from duty without good reason for an hour, from 23:00 to 24:00. and on the basis of Article 192 of the Labor Code of the Russian Federation

I ORDER:
1. For violation of labor discipline, reprimand S.S. Sidorov.
2. Responsible for personnel records A.A. Andreeva to familiarize S.S. with this order. Sidorov signed.
Reasons: memo from the head of the security service dated March 14, 2018, explanatory note from S.S. Sidorov dated March 14, 2018.
Director Petrov P.P.
S.S. was familiarized with the order. Sidorov

Order to lift disciplinary sanctions and financial penalties

Based on the petition of the chief engineer of Planeta LLC, Nikolaev N.N. dated 07/07/2018, taking into account the conscientious performance of his official duties by S.S. Sergeev. and guided by Art. 194 Labor Code of the Russian Federation

I ORDER:
1. Remove the disciplinary sanction in the form of a reprimand, previously imposed by Order No. 352k on 02/03/2018, from Sergey Sergeyevich, head of the repair area.
2. Remove the measure of material impact in the form of non-payment of remuneration based on the results of work for 2018. from Sergeev S.S. previously imposed by Order No. 352k on 02/03/2018, personnel number 689.
3. The clerk of the HR department of LLC “Planeta”, within one working day, prepare a copy of the order and send it to the HR department and accounting department.
4. To inform the chief engineer of Planeta LLC to Sergeev S.S. with this order within three working days against signature and send a copy of the order with a receipt for familiarization to the personnel department.

Deputy Director for Personnel K.K. Alekseev

Order on early removal of disciplinary sanction

Based on the petition of the head of the marketing department, Sidorenko V.V. from 12/17/2018

I ORDER:
1. Order No. 96-k dated October 24, 2018 on the announcement to marketer Konstantinov K.K. notices for absence from work for 5 hours in a row are cancelled.
2. Consider Konstantinov K.K. without disciplinary action.
3. With this order of Konstantinov K.K. acquainted with signature.
Reason: petition from the head of the marketing department V.V. Sidorenko. from 12/17/2018

General Director Nikolaev N.N.

I have read the order:
marketer Konstantinov K.K.

Order on administrative punishment

From 03/25/2019 No. 55-k

On administrative punishment of an employee

Ivan Antonovich Antonov, operator of computer-controlled machines in the mechanical section, was absent from the workplace from March 11 to March 22, 2019, without providing supporting documents.

I ORDER:

1. For absence from the workplace during working hours without good reason, Ivan Antonovich Antonov shall consider the days from March 11 to March 22, 2019 as absenteeism.
2. Deprive Antonov I.A. based on the results of work in March of this year. variable part of salary by 100%.
3. Antonov I.A. for violation of internal labor regulations, expressed in absence from the workplace during working hours without good reason, issue a reprimand.
4. The annual leave planned from 07/08/2019 to 08/04/2019 will be postponed to the period from 11/04/2019. until 02.12.2019

Base:

— Memo from HR specialist Kovaleva M.S. from 03/25/2019

— Act on the absence of an employee from the workplace dated March 22, 2019 No. 39;

— Explanatory note by Antonov I.A. dated March 25, 2019

Director N.N. Nikolaev

Reviewed by: Antonov I.A.

Order on disciplinary punishment of an employee

From 01/10/2019 No. 28-k

On disciplinary punishment of an employee

Petrov Petr Petrovich, an assembler of electrical machines and devices at the assembly site, was intoxicated on the territory of the enterprise on December 28, 2018, at the end of his work shift.

I ORDER:

1. Petrov Petrov was reprimanded for violating internal labor regulations, expressed in being intoxicated on the territory of the enterprise during working hours.
2. Deprive Petrov P.P. the variable part of remuneration based on the results of work in December 2018 by 100%.