ST 193 of the Labor Code of the Russian Federation.

Before application disciplinary action the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is 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 required to take into account the opinion of the representative body of employees.

Disciplinary sanction, with the exception of disciplinary sanction for non-compliance with restrictions and prohibitions, failure to perform duties, established by law Russian Federation on Combating Corruption cannot be applied later than six months from the date of commission of the misconduct, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the date of its commission. A disciplinary sanction for non-compliance with restrictions and prohibitions, failure to fulfill the obligations established by the legislation of the Russian Federation on combating corruption cannot be applied later than three years from the date of the misconduct. The above time limits do not include the time of criminal proceedings.

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

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

A disciplinary sanction may be appealed by an employee to state inspection labor and (or) bodies for the consideration of individual labor disputes.

Commentary on Art. 193 of the Labor Code of the Russian Federation

1. To clarify the essence of the employee's act, the employer must take an explanation from him in writing. In the explanation, the employee must indicate the reasons for the act and the circumstances under which it was committed. The employee may refuse to explain, which should not be considered as an independent disciplinary offense, but may affect the employer's assessment of the employee's personality.

If the employee fails to provide an explanation, the employer must draw up an act on this after two working days. It must indicate the calendar date, place and reason for drawing up, as well as indicate the witnesses who were present when the employee was invited to provide an explanation and his refusal to do so. The act must be signed by an official of the employer and witnesses present.

An employee's refusal to give an explanation cannot be an obstacle to bringing him to disciplinary responsibility if there is other evidence of an offense (for example, memorandums of the immediate supervisor) and an act on refusal to give an explanation. They may be documentary grounds for the application of disciplinary measures.

2. The educational value of a disciplinary sanction is preserved if it is applied immediately after the commission of a misdemeanor. Therefore, a rule has been established that the penalty must be applied no later than one month from the date of discovery of the misconduct. The day of detection must be considered the day when the misconduct became known to the immediate supervisor of the offending employee. In the event that there is a question of dismissal of an employee for committing theft (including small) of other people's property at the place of work, embezzlement, deliberate destruction or damage to it, the one-month period will be calculated from the date the court verdict or act of the body authorized to application of administrative penalties.

This period may be extended by:

a) sickness of an employee;

b) being on vacation;

c) necessary to take into account the motivated opinion of the elected body of the primary trade union organization.

The period of illness of an employee is understood as a period of temporary incapacity for work. The time spent on vacation should be understood as the periods of all holidays provided by the employer to the employee (including training, in connection with pregnancy and childbirth, as well as those provided without saving wages). The procedure for taking into account the opinion of the elected body of the primary trade union organization is established by Art. 373 of the Labor Code of the Russian Federation.

Other circumstances that seem objective to the employer cannot serve as a basis for extending the terms for applying disciplinary sanctions. Thus, the decision of the Supreme Court of the Russian Federation of May 24, 2002 N GKPI 2002-375 recognizes as illegal the extension of the deadlines for applying disciplinary sanctions to employees railway transport for the period of their stay on the route in passenger and freight trains, as well as for the time they use the summed days of rest.

This position of the legislator and the judiciary is due to the need to protect the interests of the parties. employment contract. First, the effectiveness of any punishment depends on its promptness and inevitability. Secondly, the employee must not long time be under the threat of disciplinary sanctions.

In any case, a disciplinary sanction must be applied no later than six months from the date of the offense, and based on the results of an audit, audit of financial and economic activities or an audit, no later than two years. These terms can be extended only for the period of the criminal case by the bodies of inquiry and investigation.

3. By general rule for each disciplinary offense, the employer can apply only one disciplinary sanction provided for by the Labor Code of the Russian Federation or charters and regulations on discipline. Along with this, it is possible and necessary to simultaneously involve an employee in property (material - according to the norms labor law or civil liability in the event that his misconduct caused property damage). In this case, the rules and deadlines provided for by labor and civil legislation must be observed. Along with disciplinary measures, disciplinary measures may be applied to the employee at the same time. For example, an employee may be reprimanded and may be deprived of bonuses for the period when the violation was committed. labor discipline.

4. As a general rule, the head of the organization shall have full authority to apply disciplinary measures. However, local regulations the redistribution of competence to bring employees to disciplinary responsibility between officials of the organization at various levels can be carried out. For example, the head of a shop may be authorized to announce remarks and reprimands to the workers of the shop, and the head of a branch or representative office, on the basis of a power of attorney, may have full disciplinary powers, including the dismissal of workers for violations of labor discipline. In a number of cases, the distribution of competence for the application of disciplinary measures is carried out in a centralized manner. For example, the Charter on the discipline of the crews of naval support vessels, approved. Decree of the Government of the Russian Federation of September 22, 2000 N 715 provides that the commander of the vessel (captain) can announce a remark, reprimand, strict reprimand and warn of incomplete official compliance, and an official with the right to employ , - the commander of a formation of ships or a military unit (clauses 15 and 16 of the Charter).

5. An order (instruction) on punishment is announced to the employee no later than three days from the date of issuance against signature. This is necessary to confirm that the employee is familiar with the penalty applied to him. To optimize and fix this procedure, it is advisable to provide a mark on the employee's familiarization with it on the order (instruction) form itself. If the employee refuses to sign on acquaintance, then an act is drawn up, similar in form and content to the act on refusal to give an explanation on the fact of committing a disciplinary offense.

6. The employee may not agree with bringing him to disciplinary responsibility or with the type of sanction applied. In this case, he may appeal against the actions of the employer to the state labor inspectorate or labor dispute resolution bodies. See Art. Art. 357, 385 - 393 of the Labor Code of the Russian Federation and comments on them.

New edition Art. 193 Labor Code of the Russian Federation

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is 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 required to take into account the opinion of the representative body of employees.

A disciplinary sanction, with the exception of a disciplinary sanction for non-compliance with restrictions and prohibitions, failure to fulfill the obligations established by the legislation of the Russian Federation on combating corruption, cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, audit of financial and economic activities or an audit - later than two years from the date of its execution. A disciplinary sanction for non-compliance with restrictions and prohibitions, failure to fulfill the obligations established by the legislation of the Russian Federation on combating corruption cannot be applied later than three years from the date of the misconduct. The above time limits do not include the time of criminal proceedings.

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

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

Commentary on Article 193 of the Labor Code of the Russian Federation

As for the practice of using disciplinary sanctions in companies, article 193 is devoted to this. Labor Code RF. It should be noted that there are several controversial points here.

Any disciplinary sanction has a special procedure for implementation (Article 193 of the Labor Code of the Russian Federation).

First, a delinquent employee is required to provide a written explanation of the misconduct (being late, for example), which he may not give. Then - no later than one month from the moment of the misconduct - a direct disciplinary sanction is made - a remark, a reprimand.

After that, the management issues an order and gives it to the employee for review.

In addition to the lengthy and very "paper" procedure of disciplinary sanctions, there is another factor that makes this measure of punishment not very attractive for employers. Any penalty can be challenged in court, and the court first of all takes into account the severity of the misconduct. Therefore, for example, a reprimand for improper dress code or being late is likely to be simply withdrawn by the court.

However, practice shows that Russian leaders use pronunciations quite often. Moreover, after two reprimands within a year, an employee can legally be fired. Workers in our country know little about their rights, so they rarely go to courts. So it is very convenient for the employer to use reprimands as a threat of dismissal for being late, for a prolonged lunch, and for a “wrong” appearance.

Another commentary on Art. 193 of the Labor Code of the Russian Federation

1. To clarify the essence of the employee's misconduct, the employer must take an explanation from him in writing. In the explanation, the employee must indicate the reasons for the misconduct and the circumstances under which it was committed. The employee may refuse to explain, which should not be considered an independent disciplinary offense, but nevertheless may affect the employer's assessment of the employee's personality. If the employee refuses to give an explanation, the employer, after two working days, must draw up an act of refusal. In this act, it is necessary to indicate the calendar date, place and reason for drawing up, as well as indicate the witnesses present when the employee is invited to provide an explanation and his refusal to do so. The act must be signed by an official of the employer and witnesses present.

An employee's refusal to give an explanation cannot be an obstacle to bringing him to disciplinary responsibility if there is other evidence of an offense (for example, memorandums of the immediate supervisor) and an act on refusal to give an explanation. They may be documentary grounds for the application of disciplinary measures.

2. The educational value of a disciplinary sanction is preserved if it is applied immediately after the commission of a misdemeanor. Therefore, a rule has been established that the penalty must be applied no later than one month from the date of discovery of the misconduct. The day of discovery must be considered the day when it became known to the immediate supervisor of the offending employee. In the event that there is a question of dismissal of an employee for committing theft (including small) of other people's property at the place of work, embezzlement, deliberate destruction or damage to it, the one-month period will be calculated from the date the court verdict or act of the body authorized to application of administrative penalties (for example, decisions of an official of the internal affairs body). The monthly period can be extended by:

employee illness;

Being on vacation;

Necessary to take into account the motivated opinion of the elected body of the primary trade union organization.

The period of illness of an employee is understood as a period of temporary incapacity for work. The time spent on vacation should be understood as the periods of all holidays provided by the employer to the employee (including training, in connection with pregnancy and childbirth, and also provided without pay). In accordance with the provisions of Art. 373 of the Labor Code of the Russian Federation (see commentary to it) upon dismissal for repeated non-fulfillment by an employee - a member trade union without good reasons job duties if he has a disciplinary sanction (see paragraph 5 of article 81 of the Labor Code of the Russian Federation and a commentary thereto), the employer is obliged to notify the elected body of the primary trade union organization so that the latter can assess the legality and validity of the upcoming dismissal. The elected trade union body, no later than seven working days from the date of receipt of the documents, considers the submitted documents and informs the employer in writing of its reasoned opinion on this issue (including the illegality or inappropriateness of dismissal). If you disagree with this opinion trade union committee the employer has the right to terminate the employment contract with the employee no later than one month from the date of receipt of a reasoned opinion of the elected trade union body. This period can no longer be extended for the duration of the employee's illness or being on vacation.

Other circumstances that seem objective to the employer cannot serve as a basis for extending the terms for applying disciplinary sanctions. Thus, by the decision of the Supreme Court of the Russian Federation of May 24, 2002 N GKPI2002-375, it is illegal to extend the time limits for applying disciplinary sanctions to railway workers for the period they are on the route in passenger and freight trains, as well as for the time they use the summed days recreation.

Such a tough position of the legislator and the judiciary is due to the need to protect the interests of the parties to the employment contract. First, the effectiveness of any punishment depends on its promptness and inevitability. Secondly, the employee should not be under the threat of disciplinary sanctions against him for a long time.

In any case, a disciplinary sanction must be applied no later than six months from the date of the offense, and based on the results of an audit, audit of financial and economic activities or an audit, no later than two years. These terms can be extended only for the period of the criminal case by the bodies of inquiry and investigation.

3. As a general rule, for each disciplinary offense, the employer may apply only one disciplinary sanction provided for by the Labor Code or the charters and regulations on discipline. Along with this, it is possible and necessary to simultaneously bring the employee to property (material - according to the norms of labor law) or civil liability in case his misconduct caused property damage. In this case, the rules and deadlines provided for by labor and civil legislation must be observed. In addition, along with disciplinary measures, disciplinary measures may be applied to the employee at the same time. For example, an employee may be reprimanded and may be deprived of a bonus for the period when a violation of labor discipline was committed.

4. As a general rule, the head of the organization shall have full authority to apply disciplinary measures. At the same time, local regulations (orders of the head, job descriptions or internal rules work schedule) redistribution of competence to bring employees to disciplinary responsibility between officials of the employer organization of various levels can be carried out. So, the head of the shop may be authorized to announce remarks and reprimands to the workers of the shop, and the head of the branch or representative office, on the basis of a power of attorney, may have disciplinary powers in full, including the dismissal of workers for violations of labor discipline. In a number of cases, the distribution of competence for the application of disciplinary measures is carried out in a centralized manner. For example, the Charter on the Discipline of the Crews of the Navy Support Vessels provides that the commander of the vessel (captain) can announce a remark, reprimand, strict reprimand and warn of incomplete service compliance, and an official with the right to employ , - the commander of a formation of ships or a military unit (clauses 15 and 16 of the Charter).

5. An order (instruction) on punishment is announced to the employee no later than three days from the date of issuance against signature. This is necessary to confirm that the employee is familiar with the penalty applied to him. To optimize and fix this procedure, it is advisable to provide a mark on the employee's familiarization with it on the order (instruction) form itself. If the employee refuses to sign on familiarization, then an act is drawn up, similar in form and content to the act on refusal to give an explanation on the fact of committing a disciplinary offense (see paragraph 1 of the commentary to this article).

6. The employee may not agree with bringing him to disciplinary responsibility or with the type of sanction applied. In this case, he may appeal against the actions of the employer to the state labor inspectorate or labor dispute resolution bodies.

In accordance with the provisions of h. 2 Article. 357 of the Labor Code of the Russian Federation (see commentary to it) in the event that a trade union body, an employee or another person applies to the state labor inspectorate on an issue that is under consideration by the relevant body for considering an individual or collective labor dispute (with the exception of claims accepted for consideration by a court, or issues on which there is a court decision), the state labor inspector upon revealing an obvious violation labor law or other regulatory legal acts containing labor law norms, has the right to issue an order to the employer that is subject to mandatory execution. This order may be appealed in court within ten days from the date of its receipt by the employer or his representative. In addition, in accordance with the provisions of Art. 23.12 of the Code of Administrative Offenses of the Russian Federation, the Federal Labor Inspectorate and its subordinate state labor inspectorates are empowered to consider cases of violations of labor legislation and bring guilty officials of the employer to administrative responsibility.

If an employee disagrees with disciplinary liability, he can appeal against the actions of the employer to the labor dispute commission, except in cases of dismissal for committing a disciplinary offense (see art. 385 - 391 and commentary thereto).

The employee, in compliance with the established procedures and if there are sufficient grounds, may resort to judicial protection of his rights in the event of an alleged or actual violation of them when bringing him to disciplinary responsibility. In addition to the protection of their rights in the manner prescribed by the provisions of Art. Art. 391 - 393 of the Labor Code of the Russian Federation (see commentary to them), an employee can appeal against the employer's actions to a justice of the peace. In accordance with sub. 7 p. 1 art. 3 of the Law on Justices of the Peace in the Russian Federation of December 17, 1998 N 188-FZ (SZ RF. 1998. N 51. Art. 6270) justices of the peace consider cases arising from labor relations, with the exception of cases of reinstatement at work.

Courts general jurisdiction consider labor disputes related to bringing employees to disciplinary responsibility, both in the first instance and in the procedure for appealing against decisions of the commission on labor disputes and justices of the peace. In cases on applications for the reinstatement of an employee at work, courts of general jurisdiction are necessarily the first instance. Based on the results of the consideration of the case, the court makes a decision or issues a court order. In accordance with the provisions of Art. 211 of the Civil Procedure Code of the Russian Federation, a court decision or a court order is subject to immediate execution if they are issued on an application for payment of wages to an employee within three months and for reinstatement.

• Up

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an "outside observer", will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of "gravitational radiation". If the determining factor is the “internal observer”, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

Labor Code, N 197-FZ | Art. 193 Labor Code of the Russian Federation

Article 193 of the Labor Code of the Russian Federation. The procedure for applying disciplinary sanctions (current version)

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is 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 required to take into account the opinion of the representative body of employees.

A disciplinary sanction, with the exception of a disciplinary sanction for non-compliance with restrictions and prohibitions, failure to fulfill the obligations established by the legislation of the Russian Federation on combating corruption, cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, audit of financial and economic activities or an audit - later than two years from the date of its execution. A disciplinary sanction for non-compliance with restrictions and prohibitions, failure to fulfill the obligations established by the legislation of the Russian Federation on combating corruption cannot be applied later than three years from the date of the misconduct. The above time limits do not include the time of criminal proceedings.

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

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

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Commentary on Art. 193 Labor Code of the Russian Federation

1. The commented article establishes the procedure (rules) for bringing employees to disciplinary responsibility.

In accordance with part 1 of this article, the employer, before applying a disciplinary sanction, must demand an explanation from the employee in writing. Such an explanation is necessary to clarify all the circumstances of the commission of a disciplinary offense, its illegality, as well as the degree of guilt of the employee who committed the offense. However, the employee's failure to provide a written explanation is not an obstacle to the application of a penalty. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up. In the event of a dispute about the legality of applying a disciplinary sanction, such an act will be evidence of compliance by the employer with the rules for bringing to disciplinary liability.

2. Part 3 of the commented article limits the possibility of applying a disciplinary sanction to certain statutes of limitations.

A disciplinary sanction may be applied to an employee no later than one month from the date of its discovery. The one-month period for imposing a disciplinary sanction is calculated from the day the misconduct was discovered. The day when a misdemeanor is discovered, from which the monthly period begins, is considered the day when the person to whom the employee is subordinate at work (service) became aware of the misconduct. It does not matter whether this person has the right to impose disciplinary sanctions.

The period established for the application of the penalty does not include the time during which the employee was absent from work due to illness or in connection with being on vacation. At the same time, all holidays provided by the employer in accordance with the law, incl. annual (basic and additional), leave in connection with studying in educational institutions, leave without pay (paragraph 34 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2).

In cases where dismissal is applied as a disciplinary sanction, the specified period also does not include the time required to comply with the procedure for taking into account the opinion of the representative body of employees, if taking into account such an opinion is mandatory (Articles 82, 373 of the Labor Code, see comment. to them).

The absence of an employee at work on other grounds, incl. in connection with the use of rest days (days off), regardless of their duration (for example, when shift method organization of work), does not interrupt the flow of the specified period.

When applying a disciplinary sanction in the form of dismissal under sub. "g" p. 6 h. 1 art. 81 of the Labor Code, a monthly period is calculated from the date of entry into force of a court verdict or a decision of a judge, body, official authorized to consider cases of administrative violations (paragraph 44 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).

It is not allowed to apply a disciplinary sanction after one month from the day the misconduct was discovered or after six months from the day it was committed. If a disciplinary offense is discovered as a result of an audit, audit of financial and economic activities or an audit, the employer has the right to apply a disciplinary sanction to the employee within two years from the date of the offense. The time of criminal proceedings shall not be counted within the specified time limits.

3. Only one disciplinary sanction may be applied to an employee for each disciplinary offense. However, in cases where the failure to perform or improper performance due to the fault of the employee of the labor duties assigned to him continued, despite the imposition of a disciplinary sanction, the employer has the right to apply a new disciplinary sanction to him, incl. dismissal on the basis of paragraph 5 of part 1 of Art. 81 TK. At the same time, it must be borne in mind that the employer has the right to apply a disciplinary sanction to the employee even when, before committing the misconduct, he filed an application for termination of the employment contract on his own initiative, since labor relation in this case, it is terminated only after the expiration of the notice period for dismissal (clause 33 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2).

However, an employee who terminates an employment relationship with an employer cannot be subject to disciplinary action.

Disciplinary action is applied by the head of the organization. Other officials may apply disciplinary sanctions if such powers are granted to them by the relevant documents (the charter of the organization, the order of the head, etc.).

The application of penalties for committing a disciplinary offense is the right, not the obligation of the employer. Therefore, the employer may, taking into account all the circumstances of the case, not impose a penalty on the employee who has committed a disciplinary offense, but confine himself to a conversation with him or an oral remark. When applying a disciplinary sanction, it is necessary to strictly observe the rules established for this. If, when imposing a disciplinary sanction, these rules are violated by the employer, the body considering the labor dispute on the legality of imposing a sanction may recognize the application of a disciplinary sanction as unlawful.

4. The application of a disciplinary sanction is formalized by an order (instruction) of the employer. The order (instruction) indicates the basis for the application of the penalty, i.e. a specific disciplinary offense for which the employee is subject to disciplinary action, and its type (remark, reprimand, etc.). At the same time, it must be borne in mind that in the case of a disciplinary sanction in the form of dismissal, one dismissal order is issued, and not two separate orders (an order to impose a penalty in the form of dismissal and an order to terminate an employment contract), as is sometimes the case in practice .

Judicial practice under Article 193 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Definition N 20-KG14-15, Judicial Collegium for Civil Cases, cassation

  In view of the foregoing conclusion of the Court of Appeal on the defendant's compliance with the established Article 193 of the Labor Code of the Russian Federation, the order of dismissal of Zagirov Sh.A. on ground The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds it unlawful, in connection with which the appeal ruling cannot be recognized as legal, it is subject to cancellation with the upholding of the decision of the court of first instance, which resolved the dispute in accordance with the requirements of the law and the circumstances established in the case ...

• Decision of the Supreme Court: Definition N 5-KG17-96, Judicial Collegium for Civil Cases, cassation

  Since dismissal under clause 5 of part 1 of article 81 of the Labor Code of the Russian Federation is one of the types of disciplinary sanctions, it is subject to the procedure for applying disciplinary sanctions established by article 193 of the Labor Code of the Russian Federation. Article 193 of the Labor Code of the Russian Federation provides that before applying a disciplinary sanction, the employer must request a written explanation from the employee ...

• Decision of the Supreme Court: Determination N 18-KG17-34, Judicial Collegium for Civil Cases, cassation

  Since dismissal under clause 5 of part 1 of Article 81 of the Labor Code of the Russian Federation is one of the types of disciplinary sanctions, the procedure for applying disciplinary sanctions established by Article 193 of the Labor Code of the Russian Federation applies to him. Article 193 of the Labor Code of the Russian Federation provides that before applying a disciplinary sanction, the employer must request a written explanation from the employee ...

Article 193. The procedure for applying disciplinary sanctions

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is 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 required to take into account the opinion of the representative body of employees.

A disciplinary sanction, with the exception of a disciplinary sanction for non-compliance with restrictions and prohibitions, failure to fulfill the obligations established by the legislation of the Russian Federation on combating corruption, cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, audit of financial and economic activities or an audit - later than two years from the date of its execution. A disciplinary sanction for non-compliance with restrictions and prohibitions, failure to fulfill the obligations established by the legislation of the Russian Federation on combating corruption cannot be applied later than three years from the date of the misconduct. The above time limits do not include the time of criminal proceedings.

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

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.