Instructions on bringing to disciplinary liability. Disciplinary sanctions: commandments for personnel officers. Is it possible to withdraw penalties from staff?

Labor discipline is the factor that plays a stabilizing role in the process of coordinated work of the team. Its main points, which every future employee of an enterprise or organization undertakes to comply with, are stated in the annex to the employment contract and sound like a list of the organization’s provisions on discipline. From the moment an employee puts his signature on the list of requirements, he automatically becomes dependent on the standard established rules, as well as on additional individual conditions of the enterprise, based on the specifics of the organization’s work.

What does a disciplinary offense entail?

Violation of any rule on your own initiative entails the imposition of a disciplinary sanction, which takes into account several types of punishment: from a reprimand to dismissal from work.

Having received reliable information that his employee or employee has committed a disciplinary violation, the head of the enterprise must receive from the perpetrator a written explanation indicating the reasons that influenced such actions. These are the requirements of Article 193 of the Labor Code, and both the employee and the manager must comply with them.

Often, negligent employees are in no hurry to provide written explanations in the hope that such concealment of the reasons for their misconduct will serve as a reason to reassure management.

However, as practice shows, their hopes are rarely justified, especially if these employees are not in good standing. In addition, the reluctance to provide a written justification is an incentive to impose a disciplinary sanction, and on the other hand, the person deprives himself of the opportunity to present his own view of the situation. It happens that well-founded reasons become a very compelling reason for an employer not to resort to punitive actions.

Grounds determining disciplinary liability

The main determining factor for the application of punishment to an employee is the action committed by the employee, which is interpreted as a serious violation of the employment agreement.

Intentional actions of an employee committed through his own fault may be considered grounds for disciplinary action. They can be expressed either in failure to fulfill their direct duties, or in ignoring other obligations taken into account in the employment contract.

It is necessary to take into account that the application of penalties, in accordance with the procedure for bringing to disciplinary liability an employee who has committed an offense, can only occur if the obligations violated by the employee are taken into account in the employment agreement and justified by the articles of the current legislation.

In turn, the following facts are considered a violation, considered as ignoring the articles of the Labor Code:

1. If the employee was absent from the workplace without subsequently presenting valid arguments for explanation. In this case, the agreement of the parties may not specify the location of the workplace. In this case, according to Part 6. Art. 209 of the Labor Code of the Russian Federation, an employee’s workplace is defined as the point where the employee must arrive to perform his work duties. This place may not be official and may be temporary, but at the same time it is subject to direct control by the employer.
2. If an employee does not want to perform his direct job duties without a valid justification. It is worth noting here that if such actions occur as a result of adjustments to the employment contract, then in this case there is no violation of discipline. In this situation, the reasonable action is to terminate the contract.
3. If an employee, without presenting any arguments, refuses to undergo a medical examination, which is mandatory for some professions.
4. In the event that an employee refuses to undergo special training and pass exams, which are specified in the employment agreement and are necessary for admission to work.

A separate clause contains provisions on participation in a strike. This action is not considered a violation and cannot become a reason for disciplinary action.

The only exception may be that a strike is declared illegal according to a court ruling. After presenting a copy of the court decision to the persons leading the strike, the employee is obliged to start work the next day.

Deadline for disciplinary action

A person guilty of violating labor regulations may be punished no later than within a month from the date the violation of established standards was discovered.

The punishment of an employee caught in a gross violation of labor activity is determined and follows within a month from the date of discovery of the offense.

When applying the procedure for bringing to disciplinary liability, one should not forget that:

1. The period when the guilty employee needs to determine the type of punishment begins from the moment he is convicted of the offense.
2. If during this period the employee was on vacation or was sick, the time is not counted. All other days missed without good reason are included in the calculation of the period of disciplinary action.
3. The initial day of disclosing the offense is considered to be the day when the direct superior of the employee becomes aware of it, who may not have the right to independently make a decision on the application of punishment.

Types of disciplinary punishment

The employer has the right to apply the following penalties to the offending employee:

1. Oral remark.
2. A reprimand or severe reprimand entered into your personal file.
3. Dismissal of an employee based on irrefutable evidence of his guilt.

These types of disciplinary liability can only be imposed by the general director. However, in large organizations with a large number of branches, carrying out such actions is difficult and impractical. Therefore, the decision to accept the type of punishment is transferred to another person agreed with the management.

This appointment is made on the basis of an order on the distribution of powers. After this, the immediate superior acquires the right to punish the guilty employee and choose the type of punishment independently. In this case, he needs to take into account that:

1. Types of disciplinary liability are unacceptable if they are not taken into account by labor legislation.
2. For one fact of violation of labor activity there is one penalty (Article 193 of the Labor Code, Part 5). If an employee receives a reprimand or reprimand, and then is forcibly dismissed, he can go to court, which will recognize this fact of action as illegal. In addition, if an employee does not agree with the decision that determined the type of his punishment, he can contact the authorities that are responsible for the analysis of individual labor disputes. There is also a state labor inspectorate whose range of activities includes resolving such issues.

The employer also has the right to apply disciplinary punishment against an employee who applied for voluntary dismissal even before the disciplinary violation was committed.

Involvement in disciplinary liability and the Labor Code of the Russian Federation

According to Part 5 of Art. 193 of the Labor Code of the Russian Federation, only one type of punishment can be applied to the offending employee, taking into account the proof of the offense, at the discretion of the manager.

Dismissal as a disciplinary measure is possible only if there are irrefutable arguments justified by the articles of the Labor Code of the Russian Federation. Disciplinary action, namely the list of possible penalties, is contained in this codified legal regulation.

Despite this, many organizations apply their own system of fines and sanctions. Most often they are expressed in a material deduction from wages. As for the Labor Code of the Russian Federation, but on the basis of Art. 22, 137 it prohibits such penalties. Only certain types of accounting deductions are permitted by law.

But in this case, employers use loopholes and apply their own procedures for bringing to disciplinary liability. As a rule, at most enterprises the salary is divided into basic and bonus. And if penalties are not applied to the first part, then the employee may be deprived of 100% of the bonus.

When can an employee be punished?

In this case, all mandatory conditions for bringing to disciplinary liability must be taken into account. The list of them is formed based on the signs characterizing labor misconduct. That is why disciplinary action can only be taken if certain factors are present.

Causing harm

It is important to note that it does not always reflect property damage. Harm can be caused to the internal way of life in the organization, that is, labor discipline. This, in turn, can stimulate the emergence of negative motivation among other employees.

Presence of guilt

Expressed with direct or indirect intent. At the same time, it also happens due to negligence. The form of fault is what determines the disciplinary action imposed on the employee. Guilt through negligence requires a reprimand. The direct intent of the employee may be considered as a reason for dismissal.

Causal relationship

It must necessarily be between the harm caused, which affected labor discipline, and behavior of an illegal nature. In this case, it is determined whether similar harm to labor discipline would have been caused if the employee had acted differently.

Bringing disciplinary action to the employer

Basis - art. 195 Labor Code of the Russian Federation. If the head of an enterprise or organization or his deputy violates the norms of labor legislation or the rules of a collective labor agreement, a statement of unlawful action is sent to the relevant authorities (authority) from a person authorized on behalf of the employees of the enterprise.

If the facts reflected in the application are confirmed, then the standard procedure for bringing disciplinary action, including dismissal, is applied to the manager. Labor legislation applies equally to everyone; both ordinary employees and managers must obey it.

It is possible if the employee did not fulfill the duties assigned to him through his own fault or if his actions (inaction) entailed serious consequences (work accident, accident, catastrophe) or knowingly created a real threat of such consequences. Rationale. In accordance with Art. 214 and 225 of the Labor Code of the Russian Federation, the employee is obliged to: comply with labor protection requirements; correctly use personal and collective protective equipment; undergo training in safe methods and techniques for performing work, instructions on labor protection, on-the-job training, testing of knowledge of labor protection requirements.

Attention

Is it possible to bring this employee to disciplinary liability for violations that he committed before his dismissal and the next one. Answer: In the above situation, it is impossible to bring the employee to disciplinary liability for committing a disciplinary offense.

In accordance with Article 192 of the Labor Code of the Russian Federation and paragraph 35 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as Resolution No. 2), a disciplinary offense is the failure or improper execution by an employee of his fault for the work duties assigned to him (violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc.).

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Important

Any employee, coming to the company, agrees with the rules of conduct adopted in it. These are prescribed in the Labor Code of the Russian Federation and enshrined in the collective agreement.

General information You can learn about the rules of conduct from federal and local laws and from the employment contract concluded between the company and the employee. Important information is provided by the approved internal regulations.
Individual companies have the right to introduce other local regulations, specifying in them how staff should behave. According to the rules, already during employment, the personnel department familiarizes the potential employee with the documents, from which he can conclude how suitable the restrictions adopted in the organization are for him.

Info

If it has been decided that the location is satisfactory, restrictions will have to be followed in the future. Otherwise, the employee faces disciplinary and financial liability for violations.

Discipline has been violated: what the laws say. The decision of the Supreme Arbitration Court, adopted in 2004 under number 2, tells whether a misdemeanor can be considered a violation of discipline, for which a penalty can already be imposed. It talks about how the Labor Code is used in judicial practice.

In particular, the resolution specifies that an employee cannot be absent from the workplace unless he has a compelling argument to explain the absence. It obliges company personnel to fulfill their duties unless there are good reasons for refusal.

Disciplinary action is imposed on an employee who refuses to undergo a medical examination required by law. This measure is mandatory for a number of professions. Responsibility for a disciplinary offense also falls on those who do not agree to undergo training in a profession or take exams, if the specifics of employment make these events mandatory.

This becomes especially difficult for the employer if the enterprise has a trade union organization that protects the interests of the staff. If a person is a member of a trade union, the employer wants to fire him due to repeated failure to fulfill duties without good reason, then the enterprise and the employee have one month to resolve the conflict situations. This time period does not become longer or shorter due to vacations and other factors. During this time, the trade union body can write its official reasoned opinion and intervene in the situation. Getting rid of the bosses: is it possible? A similar article can be applied if it is necessary to dismiss the head or deputy head of a trade union or subordinate units. In this case, it is not necessary to release the person from his main job.

The procedure and period for bringing an employee to disciplinary liability

How it works? In practice, it is the period for bringing an employee to disciplinary liability that causes the most controversy and disagreement. It follows from the laws that the main date from which the report is kept is the day when the boss discovered the subordinate’s mistake. The error must be found by the person who is responsible for the employee who made the mistake. It does not matter whether a person higher up the career ladder has the right to discipline employees.
A disciplinary offense becomes the reason for the imposition of a penalty even if the person who committed it went on sick leave or on vacation. Information about what happened is brought to the attention of the company's management, who decide what to do. This time period is not taken into account in the month during which collection can be filed.
Using examples: if a person works in the fishing industry, a warning may be given that the employee does not fully comply with the position. The captain and command staff may have their diplomas confiscated.
The withdrawal period is up to three years. For this time period, if the employee agrees, he is transferred to another position, taking into account the characteristics of the profession. Penalty measures: features Dismissal differs from other measures in that it is a final action that breaks all labor relations between the organization and the staff. Other methods of influencing an employee who has stumbled are temporary. Others fear that if a penalty is applied once, the reputation is ruined forever. Actually this is not true. For example, if a person made a mistake and was punished for it, but this did not happen again within a year, it is officially considered that there was no disciplinary liability at all.
All of them and liability for misconduct are specified in federal laws. Involvement in disciplinary liability from “a” to “z” Attention of the Labor Code of the Russian Federation is possible if the labor protection commission or the labor protection commissioner establishes a violation by the employee of labor protection requirements, which entailed serious consequences (industrial accident, accident, catastrophe) or knowingly creating a real threat of such consequences.

That is, only after investigating the accident according to the law. In addition, if an employee repeatedly fails to fulfill his duties to comply with labor protection requirements, refuses to undergo training and knowledge testing, does not undergo medical examinations, etc.

d., he can be fired under clause 5, part 1, art. 81 for repeated failure to fulfill labor duties without good reason, if he has a disciplinary sanction.

Is it possible to bring a dismissed employee to disciplinary liability?

In accordance with Article 192 of the Labor Code of the Russian Federation, for committing a disciplinary offense, the employer has the right to apply a disciplinary sanction to the employee (see also Article 22 of the Labor Code of the Russian Federation). In the third paragraph of paragraph 33 of Resolution No. 2, it is explained that the employer has the right to apply a disciplinary sanction to the employee even in the case where, before committing the offense, he filed an application for termination of the employment contract on his own initiative (but has not yet been dismissed), since the labor relations in this cases are terminated only upon expiration of the notice period for dismissal. From the content of this paragraph it follows that the application of disciplinary sanctions is possible up to the termination of the employment contract or labor relations.

Is it possible to bring disciplinary action against a fired employee?

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• Employee disciplinary liability
• The procedure and period for bringing an employee to disciplinary liability
• Disciplinary action from “a” to “z”
• Is it possible to bring a dismissed employee to disciplinary liability?

Not found Otherwise, you can put yourself in an awkward, conflict situation or get a reprimand. An employer can issue an order to discipline an employee if a person does not do what he is supposed to do according to his job description.

Important point! You can’t take just anyone and bring them to justice. Of course, there are different types of disciplinary liability for employees, but criticism of an employee’s actions is fair only in conditions where the employer first created the correct working conditions.

It can be:

• additional;
• basic;
• educational;
• without maintaining wages.

What other time frames are there? According to the law, from the moment the offense is committed, the period for bringing an employee to disciplinary liability is six months. If errors were identified during an audit, audit or financial audit, then disciplinary action can be applied to deficiencies found in the last two years, but not earlier.

If criminal proceedings took place, this time period is not taken into account. We punish: how and how much? Having found one mistake, you can issue one order to bring the employee to disciplinary liability.

You cannot punish more than once for one offense.
Orders and deadlines Based on the explanatory note, the head of the company can privately change the decision and not hold the employee accountable. If this does not happen, then an order must be issued for the enterprise. The document is signed by the chief executive of the organization. Within no more than three days from the date of signing, the office management service must familiarize the employee with the document.

He signs the original, stored in the company’s archives, and puts the date of review. If an employee refuses to sign a document, the personnel service draws up a report in any form, recording what is happening.

According to the law, the statute of limitations for bringing disciplinary action against an employee is one month. The accounting of time begins from the day when the offense became known. If the violation occurred earlier, then the time countdown still starts from the day the fact was discovered.

Bringing an employee to disciplinary liability is expressed in the application of a disciplinary sanction to him. An important guarantee is that the possibility of imposing disciplinary action is limited by strict deadlines. This does not allow the employer to “keep” the employee in constant “fear” of punishment being applied to him.

According to Art. 193 of the Labor Code of the Russian Federation, disciplinary sanction is applied no later than:

1. one month from the date of discovery of the offense, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees.

2. six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than 2 years from the date of its commission; the specified time frame does not include the time of criminal proceedings.

Naturally, this rule can be applied to an employee who continues to work in the organization. If the fact of committing a disciplinary offense is established after the employee’s dismissal, there can be no question of disciplinary liability.

At the same time, the employer has the right to apply a disciplinary sanction to the employee even when, before committing this offense, he filed an application for termination of the employment contract on his own initiative, since the employment relationship in this case is terminated only after the expiration of the notice period for dismissal.

The employer is obliged to listen to the employee’s explanations before applying disciplinary action. Moreover, by virtue of Part 1 of Art. 193 of the Labor Code of the Russian Federation, he must require explanations in writing.

The employee can present his explanations in various ways.

First of all, in an explanatory note drawn up by the employee, usually in free form by hand.

The second option for obtaining explanations is to record the employee’s explanations in the act drawn up upon the commission of a disciplinary offense, by having the employee certify the explanations with his signature.

According to Part 2 of Art. 193 of the Labor Code of the Russian Federation, an employee’s refusal to give an explanation is not an obstacle to applying a disciplinary sanction. However, it does not at all follow from this that if an employee refuses to explain the reasons for his behavior, then the employer can safely apply disciplinary action. The refusal must be recorded - either in an act drawn up upon the commission of a disciplinary offense, or in a separate act of refusal to give explanations.

According to Part 5 of Art. 193 of the Labor Code of the Russian Federation, only one disciplinary sanction can be applied for each disciplinary offense. Therefore, for example, reprimanding and dismissing an employee for the same disciplinary offense will be illegal.

It is unacceptable for an employee to be subject to one disciplinary sanction (for example, a reprimand) for committing one disciplinary offense, and then another for the same offense.

Another thing is a continuing disciplinary offense, i.e. misconduct that continues over a long period of time. If, having discovered a disciplinary offense, the employer applied a disciplinary sanction, but this disciplinary offense continues (this particular offense, and not the next one, even a similar one), then it is permissible to apply a new disciplinary sanction to the employee, incl. and dismissal for appropriate reasons.

The employer's decision to apply a disciplinary sanction to an employee must be expressed in an order (instruction) of the employer. Within 3 working (not calendar!) days from the date of publication due to the requirements of Part 6 of Art. 193 of the Labor Code of the Russian Federation, it must be announced to the employee against receipt.

Deprivation of bonuses and lawful reduction of wages, reprimands and other “inventions” of the employer do not apply to disciplinary sanctions.

According to part 7 of Art. 193 of the Labor Code of the Russian Federation, a disciplinary sanction can be appealed by an employee to state labor inspectorates or bodies for considering individual labor disputes (labor dispute commission and court). If bringing an employee to disciplinary liability is considered unlawful, the employee is considered not to have been subject to disciplinary action.

In accordance with Part 1 of Art. 194 Labor Code of the Russian Federation, If within 1 year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.

A disciplinary sanction can also be withdrawn from an employee. According to Part 2 of Art. 194 of the Labor Code of the Russian Federation, before the expiration of 1 year from the date of application of a disciplinary sanction, the employer has the right to remove it from the employee:

1) on your own initiative.

The employer, based on his own observations of the employee, can issue an order (instruction) to lift a disciplinary sanction for the employee’s impeccable behavior, high performance indicators and other positive characteristics.

2) at the request of the employee himself.

The employee, realizing his negative behavior, made every effort to correct the consequences of a previously committed disciplinary offense, proved himself on the positive side, and increased the quality and performance of his work. Therefore, he has the right to present his request to lift the imposed penalty in the form of an application addressed to the head of the organization or the person whose administrative act imposed the disciplinary sanction.

3) at the request of the employee’s immediate supervisor.

4) at the request of the representative body of workers.

To remove a disciplinary sanction, the employer must issue a corresponding order (instruction), on the basis of which the relevant information is entered into the personnel records documents.

Labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, local regulations, and employment contracts. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

In most cases, labor regulations are determined by internal labor regulations, which are approved by the employer taking into account the opinion of the representative body of employees in the manner established by Article 372 of the Labor Code of the Russian Federation. For certain categories of workers (nuclear energy workers, railway transport workers, etc.) there are charters and regulations on discipline established by federal laws.

Every manager must be fluent in such methods of ensuring labor discipline as persuasion, encouragement, and coercion. The employer encourages employees who conscientiously perform their job duties: expresses gratitude, gives a bonus, awards a valuable gift, a certificate of honor, and nominates them for the title of best in the profession (Article 191 of the Labor Code of the Russian Federation). Other types of employee incentives for work are determined by a collective agreement or internal labor regulations, as well as charters and discipline regulations. For special labor services to society and the state, employees can be nominated for state awards.

The basis for bringing an employee to disciplinary liability is the commission of a disciplinary offense. A disciplinary offense is understood as the failure or improper performance by an employee, through his fault, of the labor duties assigned to him.(Part 1 of Article 192 of the Labor Code of the Russian Federation). An employee’s labor responsibilities are enshrined in legislation, an employment contract, internal labor regulations, job descriptions and other local acts. Disciplinary offenses, for example, include the absence of an employee without good reason from work or the workplace, the employee’s refusal to undergo special training during working hours and pass exams on labor protection, safety precautions and operating rules, if this is a mandatory condition for admission to work and etc.

As a general rule, applying disciplinary sanctions is a right, not an obligation, of the employer. The employer has the right to apply one of the following disciplinary sanctions:

- comment;

- reprimand;

- dismissal for appropriate reasons(in particular, in accordance with paragraphs 5, 6, 9 and 10 of Article 81 of the Labor Code of the Russian Federation).

Most employees can be subject to only those three penalties that are defined in Article 192 of the Labor Code of the Russian Federation. In addition to them, penalties provided for by federal laws, charters and discipline regulations may be applied to certain groups of employees. The application of other disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

As the results of a study by the National Union of Personnel Officers (NSK) show, many Russian employers, not believing in the effectiveness of reprimands and reprimands and trying to avoid the “paper” procedure, prefer to punish their employees with rubles, that is, they use a system of fines. Since such a disciplinary sanction as a fine is not provided for by current legislation, the employer does not have the right to apply it to violators of labor discipline. This position is confirmed by judicial practice. At the same time, it should be noted: if local regulations provide for compliance with labor discipline as a condition for bonuses, then the employer has the right to deprive an employee who has a disciplinary sanction.

The procedure for bringing an employee to disciplinary liability is established by Art. 193 Labor Code of the Russian Federation. The employer, before applying any disciplinary sanction, must request a written explanation from the employee. If after two working days the specified explanation is not provided, then a corresponding act is drawn up. Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

For each disciplinary offense, the employer can apply only one disciplinary sanction. When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

Disciplinary action 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. The day the offense was discovered, from which the month period begins, is considered to be the day when the person to whom the employee is subordinate for work (service) becomes aware of the commission of an offense regardless of whether it has the right to impose disciplinary sanctions. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings. Thus, the legislation clearly establishes the time limits within which an employee can be brought to disciplinary liability. Imposing disciplinary action after these deadlines is illegal.

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

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

If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.

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

Why can an employee be subject to disciplinary action?responsibility? The procedure for bringing to disciplinary liability.

First of all, it should be noted that the regulation of labor relations between employees and other relations directly related to them is carried out in accordance with the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

Disciplinary liability is a type of legal liability, the main content of which is the measures (disciplinary action) applied by the employer to the employee in connection with his commission of a disciplinary offense.

In the system of the Russian Ministry of Internal Affairs for the Khabarovsk Territory, the head of the Russian Ministry of Internal Affairs for the Khabarovsk Territory and the heads of subordinate territorial bodies and organizations of the Russian Ministry of Internal Affairs have the right to bring subordinate employees to disciplinary liability.

According to Articles 21, 22 of the Labor Code of the Russian Federation, an employee is obliged to conscientiously fulfill his labor duties assigned to him by an employment contract, comply with internal labor regulations, labor discipline, labor protection and occupational safety requirements, comply with established labor standards, treat the employer’s property with care, and the employer, in turn, has the right to demand that the employee fulfill his job duties and take care of the employer’s property, and bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

In accordance with Article 192 of the Labor Code of the Russian Federation, 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 employer has the right to apply the following disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal for appropriate reasons.

The procedure for applying disciplinary sanctions is determined by Article 193 of the Labor Code of the Russian Federation.

Before applying disciplinary action, the employer must request a written explanation from the employee. If the employee refuses to provide the specified explanation within two working days, a corresponding act is drawn up.

In the system of the Ministry of Internal Affairs of Russia, employees can be involved in work in shifts, in which case the period for submitting an explanation is two shifts.

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 day on which the misconduct is discovered, from which this period begins, is considered the day when the person to whom the employee is subordinate at work became aware of the commission of the misconduct, regardless of whether he or she has the right to impose disciplinary sanctions.

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

When bringing an employee to disciplinary liability, only the Labor Code of the Russian Federation can be applied, that is, internal checks are not carried out against employees.

It is also prohibited to apply disciplinary sanctions not provided for by federal laws, charters and regulations on discipline.

For each disciplinary offense, the employer can apply only one disciplinary sanction (Part 5 of Article 193 of the Labor Code of the Russian Federation).

It should be noted that departmental acts of the Ministry of Internal Affairs of Russia stipulate that managers have the right to deprive employees of an annual bonus for improper performance of official (labor) duties in cases provided for by collective agreements and local regulations. However, deprivation of a bonus (reduction in its size) is not classified by labor legislation as disciplinary sanctions, which is confirmed by judicial practice.

When applying a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

In the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2
“On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” states that the employer must provide evidence indicating that when imposing a penalty, the employee’s previous behavior and attitude to work were also taken into account.

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

The legislator has provided for the possibility of early lifting of a disciplinary sanction at the initiative of the employer, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees at any time from the moment the sanction is applied. The employer issues an order regarding the early lifting of a disciplinary sanction, indicating the reasons that served as the basis for this decision.