Employees of budgetary organizations are required to comply with the general requirements of labor legislation and local regulations. This is approximately what Article 189 of the Labor Code of the Russian Federation sounds like.

Internal work rules are the main and important local act regulating the behavior of personnel. If it is approved, then a sample order will not be needed. They also distinguish technological and production disciplines, which are also relevant to the topic of the article, because thanks to them, order is ensured in production, technological requirements and conditions are met. Here are the most common violations:

• being late for work or leaving early without permission;
• absenteeism;
• dishonest performance of labor duties;
• violation of labor protection rules;
• showing up at work under the influence of alcohol or drugs;
• theft, embezzlement or damage to the employer's property;
• disclosure of trade secrets;
• waiver of mandatory medical examination or training;
• insubordination;
• ignoring the rules, instructions and orders of management adopted in the organization;
• immoral act (often found in educational institutions).

Is it possible to replace a reprimand with a fine?

The concept of a fine is absent in labor legislation, so be careful and do not use such terms in local acts of the enterprise, especially do not apply such measures as a disciplinary sanction. An order to impose fines for violation of labor discipline will be illegal and can easily be canceled in court.

Financial penalties may affect the amount of the premium. But even here you need to be extremely careful in choosing wording. Under no circumstances should you write that a reduction in bonus is a disciplinary measure. Typically, the Bonus Regulations state that if there is a “remark” or “reprimand” in the reporting month, no bonus will be awarded. That is, for an offense you will apply a legal penalty, but you will punish financially indirectly. It is legal.

One of the types of disciplinary sanctions that an employer has the right to apply to an employee is a reprimand (Article 192 of the Labor Code of the Russian Federation). We will tell you in our material how to draw up an order to reprimand an employee, and also provide a sample order of a disciplinary sanction in the form of a reprimand.

When is a reprimand order issued?

A reprimand is a medium-severe type of disciplinary sanction, between a reprimand and dismissal. But this does not mean that a reprimand must be preceded by a remark, or that the employee cannot be reprimanded when the Labor Code of the Russian Federation even allows the employee to be fired. The employer establishes the procedure for applying reprimands to employees independently, taking into account the provisions of employment contracts, internal labor regulations, organizational and administrative documents of the employer, and, naturally, the severity of the disciplinary offense and the circumstances of its commission. The only important thing is that for a specific disciplinary offense only one disciplinary sanction can be applied (Part 5 of Article 193 of the Labor Code of the Russian Federation).

In general, a reprimand is applied for committing a disciplinary offense, that is, failure or improper performance by an employee, through his fault, of the work duties assigned to him (Part 1 of Article 192 of the Labor Code of the Russian Federation). This may include violation by an employee of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc. (Clause 35 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

Moreover, even if the employee does not provide an explanation, the employer, after two working days, may issue an order to reprimand for improper performance of official duties.

The employer is given 1 month from the date of discovery of the misconduct to issue an order for disciplinary action in the form of a reprimand. Such a day is considered the day when the employee’s immediate supervisor learned that the employee had committed a disciplinary offense. In this case, it does not matter that the direct manager, for example, does not have the right to impose a disciplinary sanction himself (clause 34 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2). The monthly period does not include the time of illness of the employee or his vacation (Part 3 of Article 193 of the Labor Code of the Russian Federation).

It is also important to take into account that a disciplinary sanction cannot be applied later than 6 months from the date of commission of the offense, and for an offense identified, for example, as a result of an audit, no later than 2 years from the date of commission (Part 4 of Article 193 of the Labor Code of the Russian Federation).

Reprimand for violation of labor discipline: sample order

The employer decides for himself how to issue an order for a reprimand, because there is no single, mandatory form for such an order. Typically, the order (instruction) contains the following information:

• FULL NAME. and the position of the employee who is being reprimanded;
• the essence of the disciplinary offense indicating, say, the clause of the employment contract, job description or article of the Labor Code of the Russian Federation, which the employee violated by his misconduct;
• the circumstances of the offense, the degree of its severity and the employee’s guilt.

The employer is obliged to familiarize the employee with the order of reprimand against signature within 3 working days from the date of its issuance (not counting the time when the employee was absent from work). If an employee refuses to sign to familiarize himself with the order, a report must be drawn up about this.

Here is a sample order for disciplinary action (reprimand).

Warning order for violation of labor discipline — a document with this name is not found in commercial companies. From the material you will learn what order is used to formalize the punishment for a disciplinary offense and how to draw it up.

Order on disciplinary punishment for violation of labor discipline

The Labor Code of the Russian Federation strictly regulates issues of disciplinary punishment of employees and does not allow the imposition of punishments other than those provided for by law.

IMPORTANT! According to Art. 192 of the Labor Code of the Russian Federation for violation of labor discipline, only 3 types of disciplinary sanctions can be applied to an employee: reprimand, reprimand and dismissal.

In exceptional cases provided for by federal laws or disciplinary statutes, other types of disciplinary sanctions may be applied to certain categories of employees. For example, a warning about incomplete official compliance applies to civil servants along with those specified in Art. 192 of the Labor Code of the Russian Federation, types of punishments (Law “On State Civil Service” dated July 27, 2004 No. 79-FZ).

In all other cases, when drawing up an order for disciplinary punishment for violation of labor discipline, it is necessary to adhere to the legally defined procedure and apply only those provided for in Art. 192 of the Labor Code of the Russian Federation types of penalties.

The issuance of an order to punish for violation of labor discipline should serve as a signal to the violator that the employer has exhausted all verbal forms of influence and is forced to move on to officially recording the facts of the employee’s disobedience to the rules in force within the company.

The result of such a step by the employer may be a subsequent written reprimand, and then the dismissal of the persistent offender (Article 192 of the Labor Code of the Russian Federation).

You can learn more about the dismissal procedure from our material. .

What to consider when placing an order?

To issue an order to punish an employee for a disciplinary offense, the employer must not only decide on the type of penalty, but also clearly formulate the reason that prompted him to issue this document.

We should not forget that an employee can be punished only by proving his guilt or unlawful actions. At the same time, the company’s management has the responsibility to establish a causal relationship between the employee’s behavior and the violation of his job duties.

The structure of the order should fully allow the employer to impose a penalty on the employee in a motivated manner. An order can consist of 3 parts:

• description of the situation (brief summary of the circumstances of the disciplinary offense);
• justification for imposing the penalty (link to documents: section of the job description, memos, acts, etc.);
• the final part of the order (the employer’s resolution on the type of punishment).

Results

An ordinary entrepreneur does not have the right to issue a warning to his employee - this type of punishment for a disciplinary offense is not provided for by labor legislation.

You can choose the type of punishment only from those specified in Art. 192 Labor Code of the Russian Federation. The order should briefly describe the violation, provide supporting documents, and finally impose a resolution on the type of punishment.

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.

"On labor discipline"

I. GENERAL PROVISIONS

1.1. These Regulations, based on the labor legislation of the Russian Federation, define special conditions for compliance with discipline by employees of LLC "___________________________" (hereinafter referred to as the Company) and disciplinary measures in case of violation of such conditions.

1.2. This Regulation applies to all employees.

1.3. The discipline of employees consists in their compliance with the order, rules and norms established by the legislation of the Russian Federation, local acts of the Company, as well as the duties stipulated by employment agreements (contracts).

1.4. Employees are obliged:

• conscientiously, at a high professional level, perform their job duties assigned to them by the employment contract and job descriptions;
• timely and accurately execute written and oral instructions from the administration;
• comply with the Internal Regulations;
• comply with labor protection, safety, industrial sanitation and occupational hygiene requirements;
• comply with fire safety rules;
• treat the Company's property with care;
• immediately inform the administration about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Company’s property;
• keep your workplace clean;
• behave with dignity, refrain from actions that interfere with other employees performing their job duties;
• refrain from smoking in areas not specifically designated for this purpose.

The range of duties (work) that each employee performs in his specialty, qualification or position is determined, in addition to the employment contract, by technical rules, job descriptions (job characteristics), developed on the basis of the tariff and qualification directory of works and professions of workers and the qualification directory of employee positions .

1.5. The Company's administration is obliged to:

• comply with labor legislation, local regulations of the Company, and the terms of individual employment contracts;
• provide employees with work stipulated by employment contracts;
• ensure labor safety and conditions that meet occupational safety and health requirements;
• provide employees with equipment, tools, technical documentation and other means necessary to perform their job duties;
• pay the full amount of wages due to employees within the time limits established by the Labor Code of the Russian Federation and the Internal Regulations;
• timely comply with the instructions of state supervisory and control bodies;
• provide for the everyday needs of employees related to the performance of their job duties;
• consider and implement employee proposals aimed at improving the work of the Company, support and encourage the best employees;
• strengthen labor discipline, orient workers to improve the level of work culture;
• ensure proper maintenance of premises; their heating, lighting, ventilation, equipment; create normal conditions for storing workers’ outer clothing;
• monitor compliance by employees with all requirements of safety and fire safety instructions;
• create conditions for increasing labor productivity, improving the quality of work, increasing the role of moral incentives for work;
• improve the business skills of employees;
• promote the creation of a business-like, creative atmosphere in the team, support the initiative and activity of employees;
• carry out compulsory social insurance of employees in the manner established by federal law;
• compensate for harm caused to employees in connection with the performance of their labor duties, compensate for moral damage in the manner and under the conditions established by Russian legislation.

II. INCENTIVES

2.1. Employees are encouraged for conscientious performance of work duties, improving the quality of work, increasing labor productivity, innovation, initiative, ensuring the safety of transported goods and luggage, careful handling of other entrusted property, long-term and impeccable work. The following types of incentives are applied to employees:

• announcement of gratitude;
• issuing a bonus;
• rewarding with a valuable gift;
• awarding the Society's Certificate of Honor;
• placement of an employee's photograph on the Honor Board.

2.2. When applying incentive measures, a combination of material and moral incentives for work is ensured.

2.3. For special labor merits, employees are presented to higher authorities for encouragement, to be awarded medals, certificates of honor, badges and to be awarded honorary titles and the title of best worker in the profession.

2.4. The procedure for encouraging employees:

a) every manager has the right to declare gratitude;

b) incentives are announced in the order;

c) information about employee incentives is brought to the attention of the entire team of the Company;

d) the announcement of gratitude in the order, the issuance of a bonus, the awarding of a valuable gift, a Certificate of Honor are carried out by the manager who has the right to hire this employee. The manager may apply another type of incentive provided for by the collective agreement;

e) a superior manager uses the right of a subordinate manager to reward employees in full.

III. PENALTIES FOR VIOLATIONS OF LABOR DISCIPLINE

3.1. For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the administration has the right to apply the following disciplinary sanctions:

• comment;
• rebuke;
• dismissal for appropriate reasons.

3.2. Dismissal as a disciplinary sanction can be applied for:

• repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

• a single gross violation of labor duties by an employee, in particular:
• for absenteeism, systematic tardiness (absence from the workplace without good reason for more than four hours in a row during the working day);
• appearing at work in a state of alcohol, drug or other toxic intoxication;
• disclosure of trade secrets that became known to the employee in connection with the performance of his job duties. The list of information constituting a trade secret is approved by order of the General Director;
• committing theft (including small) of the Company's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a resolution of a body authorized to apply administrative penalties;
• violation by an employee of labor protection requirements, if this violation entailed serious consequences;

• the commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the administration;
• the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
• adoption of an unjustified decision by the head of the Company, his deputies and the chief accountant, which entailed a violation of the safety of the Company’s property, its unlawful use or other damage to property.

Disciplinary action in the form of dismissal cannot be applied to pregnant women. Dismissal of workers under the age of 18 is permitted only with the consent of the relevant state labor inspectorate and the commission for the affairs of minors and the protection of their rights.

3.3. A disciplinary sanction can only be imposed by the head of the Company or a person performing his duties.

3.4. Before applying a disciplinary sanction, the Company's administration must identify the circumstances and reasons that served as the basis for resolving the issue of bringing the employee to disciplinary liability, selecting and applying liability measures to him. In this case, the Company administration must require an explanation from the employee in writing.

If the employee refuses to give the specified explanation, a corresponding report is drawn up within two working days. The act is signed by three persons: the head of the Company or the person performing his duties, and two persons working together with the employee suspected of committing a disciplinary act.

Refusal to give an explanation does not relieve the guilty employee from disciplinary liability.

3.5. The disciplinary sanction must correspond to the severity of the offense committed, the circumstances under which it was committed, and the degree of guilt of the employee.

3.6. When determining the type of disciplinary sanction, the head of the Company or the person performing his duties must take into account the nature of the offense, the harm caused by it, the circumstances under which it was committed, as well as the previous service of the employee who committed the offense and his attitude to work.

When imposing a disciplinary sanction, the rules of professional ethics must be observed and humiliation of the employee’s personal dignity must not be allowed.

3.7. The application of a disciplinary sanction does not relieve the employee who committed the offense from other liability provided for by the legislation of the Russian Federation. For each disciplinary offense, only one disciplinary sanction can be applied

3.8. Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time the employee was ill or on vacation. The one-month period for imposing a disciplinary sanction must be calculated from the day the misconduct was discovered (the day on which the person to whom the employee is subordinate for work (service) became aware of the commission of the misconduct, regardless of whether he was vested with the right to impose disciplinary sanctions).

A disciplinary sanction cannot be applied later than 6 months from the date of commission of the offense.

3.9. An order to apply a disciplinary sanction is announced to the employee against signature within three days from the date of its publication.

If an employee refuses to sign an order issued by the head of the Company or the person performing his duties, then a corresponding act is drawn up. In this case, the employee’s refusal to certify the fact of presenting the order does not affect the validity of the penalty applied.

The act is signed by three persons: the head of the Company or the person performing his duties and two persons working together with the Employee suspected of committing a disciplinary offense.

3.10. In the case where the offense is of a continuing nature and the employee, despite the application of a disciplinary sanction, does not stop actions that violate labor discipline, and failure to perform or improper performance due to the fault of the Employee of the labor duties assigned to him continues despite the imposition of a disciplinary sanction, then the head of the Company or the person performing his duties, has the right to apply a new disciplinary sanction to him, up to and including dismissal.

3.11. If within a year from the date of application of the disciplinary sanction the employee is not subjected to a new disciplinary sanction, then he is considered to have no disciplinary sanction, but this does not entail the reinstatement of employees who have been relieved of their position or dismissed in accordance with labor legislation.

3.12. The head of the Company, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from an employee on his own initiative, at the request of the employee himself (set out in a written statement), or at the request of his immediate supervisor.

In this case, the person who imposed this penalty issues the appropriate order (instruction), and the employee from whom the disciplinary sanction was lifted early is considered not to have been subjected to disciplinary sanction.

3.13. If the employee has not committed a new violation of labor discipline and has shown a conscientious attitude to work, the disciplinary sanction imposed on him can be lifted before the end of the year.

3.14. An employee, within three months from the date of familiarization with the order imposing a disciplinary sanction on him and within a month from the date of delivery of the dismissal order, may appeal such orders in the manner prescribed by law.

An appeal does not suspend the execution of an order to impose a disciplinary sanction on an employee.

3.15. These Regulations are included in the list of local regulatory acts of the Company and are binding.