How long does it take to reprimand an employee? I was given a reprimand as a disciplinary sanction - what should I do? Disciplinary sanctions: reprimand, reprimand

A reprimand is a fairly strict disciplinary measure that can serve as one of the factors for dismissal and therefore requires an extremely correct approach from the employer to its application. Let's consider the main nuances of the procedure for reprimanding an employee, as well as possible legal consequences for the employee and the employer.

Does Article 192 of the Labor Code of the Russian Federation define a reprimand as a type of disciplinary sanction?

A reprimand, along with measures such as reprimand and dismissal, in accordance with the provisions of Art. 192 of the Labor Code of the Russian Federation is a type of disciplinary sanction. At the same time, the management of the enterprise must clearly understand why an employee can be reprimanded. The practical significance of a reprimand can be expressed in 2 main aspects:

• Firstly, a reprimand as a disciplinary sanction may be one of the legal grounds for the dismissal of an employee (Clause 5 of Article 81 of the Labor Code of the Russian Federation) for repeated failure to fulfill duties in the presence of a disciplinary sanction. At the same time, a reprimand, on the one hand, is a disciplinary sanction, and on the other hand, it is a fact that indicates at least a one-time failure by the employee to fulfill his duties. 2 reprimands, provided that they are legal (how to ensure their compliance with this, we will consider later), give the employer the right to dismiss the employee. But only if they were issued for various offenses (Article 193 of the Labor Code of the Russian Federation).
• Secondly, a reprimand can be considered as one of the measures to improve production discipline. From this point of view, its imposition has more psychological than legal significance. An employee who has received a reprimand recorded in his personal file will most likely want to rehabilitate himself in the eyes of the employer and will begin to work better.

How to reprimand for improper performance of official duties

The official issuance of a reprimand is a legal fact, so this procedure must be properly formalized. The Labor Code of the Russian Federation and other federal regulations do not contain regulations that would determine how a reprimand is issued, but, based on practice, this action is recommended to be carried out according to the following algorithm:

• Firstly, the employer must document the fact of failure (or incorrect performance) by the employee of his duties. Most often, this is done by sending a memo to the director of the company by the immediate supervisor of the employee who committed the misconduct. An offense can also be recorded using a report drawn up by a commission formed by the head of the company to evaluate the employee’s actions.
• Secondly, the employer, before issuing a reprimand, must give the employee the opportunity to explain the actions he committed. To do this, it is necessary to send the employee a notice of the submission of an explanatory note.
• Thirdly, the employer needs to wait 2 days - this is how much time the employee has to draw up an explanatory note (Article 193 of the Labor Code of the Russian Federation). If he does not do this, the employer should draw up a corresponding act. Further (and also in the event that an explanation is presented, but the employee’s arguments do not look convincing), a reprimand can already be issued.

A reprimand is issued by issuing an order signed by the head of the company.

The order to issue a reprimand must:

• indicate that all the documents that we mentioned above are attached to it: a memorandum of misconduct (or an act of the commission), a notice of the need to submit an explanatory note, the explanatory note itself or an act of failure to submit it;
• indicate the dates and names of the relevant documents.

The order to issue a reprimand must be signed by:

• head of the company;
• by the employee himself within 3 days from the date of drawing up the order.

If the employee refuses to sign the document, it will be necessary to draw up a report about this (Article 193 of the Labor Code of the Russian Federation).

Information about the reprimand of an employee can be recorded in the personal file.

Is it possible to reprimand without reprimand and is it issued for absence from work?

A remark is also a disciplinary sanction, but is considered a milder sanction, since Art. 192 of the Labor Code of the Russian Federation is slightly higher in the list of punishments. A reasonable question arises: should a reprimand be preceded by a reprimand, or can it be avoided?

Labor legislation does not rank punishments according to the degree of guilt and does not establish a strict sequence for their imposition. Therefore, the employer himself has the right to assess how great the employee’s guilt in the violation is and what sanction he deserves.

Thus, a reprimand may be issued for absence from work if there were valid reasons for missing work time, a reprimand may be issued if this was done deliberately without significant grounds, and even dismissal is possible when such a violation is systemic in nature.

Here only one constant principle should be observed: one violation - one type of punishment.

When is a reprimand issued?

A reprimand, like any other disciplinary sanction, must be issued by the employer within a month after the employee’s misconduct is revealed. The company has no right to punish the employee later. This period may be extended if the employee is absent from work due to being on sick leave or on vacation (including study).

The maximum period within which an employer has the right to issue a reprimand is 6 months. However, if a misconduct is revealed during an audit (for example, an audit), a reprimand can be issued no more than 2 years from the established date of the commission of this misconduct.

Sample reprimand for improper performance of official duties

In order not to create a new document every time and not remember how this or that information is presented in it, it is better for the company to use a ready-made template. We present one version of the document on the website. Before reprimanding an employee, management will have to take this example as a basis and, if necessary, changing the wording and surname of the offending employee, print the required order.

How can an employer cancel a reprimand?

It happens that the employer comes to the conclusion that the employee was punished unlawfully and wants to remove the reprimand from him. How can I do that?

Very simple. All that is required to cancel a reprimand is to issue an appropriate order from the head of the company. It can be drawn up at any time (Article 194 of the Labor Code of the Russian Federation). The employee himself or his immediate superior can also apply to have the reprimand lifted.

An employee is considered to have a disciplinary sanction after it has been issued for exactly 1 year, if during this time he does not commit other offenses, followed by other disciplinary sanctions (Article 194 of the Labor Code of the Russian Federation). In this regard, there is one more option for removing a reprimand from an employee - wait for its automatic cancellation.

Legal consequences of a reprimand for an employee at work

According to Art. 66 of the Labor Code of the Russian Federation, data on the reprimand are not recorded in the work book. As a last resort, the personnel service may (but is not obligated to) enter information about the reprimand into the employee’s personal card, which is an internal document. So the new employer, as well as any other entity, most likely will not know that any disciplinary action has been taken against the person.

This means that from the point of view of relations with the new employer (or some other persons legally independent of the current employer), the presence of a reprimand at work will not have significant legal consequences for the employee.

But the employee may be interested in maintaining his current job. And in this case, it will be useful for him to pay attention to one nuance.

In accordance with paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, the employer has the right to dismiss an employee if he repeatedly fails to fulfill his official duties. This includes an offense for which the employee was reprimanded. The nuance is that the employer can use the following interesting mechanism for applying the norms of paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, taking into account the provisions of Art. 193 of the Labor Code of the Russian Federation, establishing a one-month period for issuing disciplinary sanctions.

Having discovered an employee’s misconduct, the employer can, according to the established scheme, reprimand him and immediately issue a new order - for some other offense within a month’s prescription (if, of course, there was such an offense).

It turns out that the employer will have 2 proven facts of violation of labor discipline and he will immediately have the right to dismiss the employee. So employees who have once committed an offense to which the employer seems to have turned a blind eye should not provoke their superiors to impose an official disciplinary sanction - it may have direct legal consequences for them in the form of dismissal.

Reprimanding an employee: legal consequences for the employer

A reprimand is a legal fact, and it must be correctly executed. Many people forget that, for example, the Labor Code of the Russian Federation does not provide for any severe reprimands. The employer has no right to officially use this phrase. If he nevertheless gives the employee a severe reprimand, then the labor inspectorate (if the employee complains there) can:

• firstly, impose an impressive fine on the company based on clause 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation;
• and secondly, to cancel the order imposing a severe reprimand.

In addition, the employer has the right to impose any disciplinary sanction, including a reprimand, only if the employee fails to perform or performs his job duties incorrectly. However, these responsibilities must be recorded somewhere: in a contract, job description, labor regulations. And if the employer for some reason did not familiarize the employee with his duties against signature, then he does not have the right to reprimand for their failure to fulfill them.

Dismissal on the basis of a severe reprimand, other non-existent disciplinary sanctions, as well as when the reprimand is issued outside the regulatory framework, can be successfully appealed by the employee in court with a high probability of success. As a result, the court may oblige the employer to reinstate the person at work. And immediately. If the company does not do this, it will have to pay the employee a salary for the time that he was absent from the workplace, although by virtue of a court decision he should have been present (Article 396 of the Labor Code of the Russian Federation).

Results

Issuing a reprimand is an official procedure, fixed at the level of a local document (in an order from the head of the company), on the application of an appropriate disciplinary measure against an employee.

However, the issuance of this order must be properly formalized by the authorities by preparing a documentary base, including:

• sources recording the misconduct (memo, commission act);
• notifying the employee of the need to draw up an explanatory note;
• in case of failure to provide an explanatory note - a statement about this;
• in case of refusal to sign the order of reprimand by the employee, also the corresponding act.

A reprimand should not be called a severe reprimand, otherwise the labor inspectorate or court will cancel the order issuing it.

The reprimand must be justified. It can be issued due to the employee’s failure to fulfill only those duties that are recorded in the provisions of documents endorsed by the employee, such as an employment contract, job description, or company labor regulations.

You can learn about other important aspects of modern personnel management from our articles:

• “How is a special assessment of working conditions (nuances) carried out?” ;
• "Disciplinary sanction order - sample and form".

M.G. Sukhovskaya, lawyer

We announce a reprimand or reprimand

How to correctly apply these disciplinary sanctions to an employee

Of course, it is necessary to influence negligent employees. In particular, with the help of disciplinary sanctions, of which there are only three Art. 192 Labor Code of the Russian Federation:

• comment;
• rebuke;
• dismissal (in strictly prescribed cases by law).

Other penalties no and cannot be. There are no severe reprimands or reprimands entered into your personal file.

Attention

Behind one disciplinary offense can only be applied one penalty Art. 193 Labor Code of the Russian Federation.

If you subject an employee to a non-existent penalty and then fire him for repeated misconduct clause 5 art. 81 Labor Code of the Russian Federation, the court may declare the dismissal illegal only on the grounds that the originally imposed penalty is not provided for by the Labor Code. see, for example, Cassation ruling of the Judicial Collegium for Civil Cases of the Orenburg Regional Court dated October 5, 2011 No. 33-6209/2011.

And even more so, fines cannot be applied to employees as a punishment. see, for example, Determination of the Moscow City Court dated June 17, 2010 No. 33-18087, demotion, postponement of vacation and the like. As for the deduction of a so-called disciplinary fine from an employee’s salary, in the event of an appeal against such a penalty, the employer will have to pay the employee all the money withheld along with interest for the delay in payment of wages. Art. 236 Labor Code of the Russian Federation.

For example, for civil servants this is a warning about incomplete job compliance and clause 3, part 1, art. 57 of the Law of July 27, 2004 No. 79-FZ. There are similar penalties for employees of the customs service and internal affairs bodies, and a severe reprimand may also be applied to them. Art. 29 of the Law of July 21, 1997 No. 114-FZ; Part 1 Art. 50 of the Law of November 30, 2011 No. 342-FZ.

WE WARN THE MANAGER

If the labor inspectorate reveals the fact of application to an employee of a penalty not specified in the Labor Code of the Russian Federation, the employer faces a fine Part 1 Art. 5.27 Code of Administrative Offenses of the Russian Federation:

• for a company - 30,000-50,000 rubles;
• per manager - 1000-5000 rubles.

The order itself regarding such a penalty will be required to be cancelled. And if this is not done, then the company and its directors may again be fined for failure to comply with a legal order of the regulatory authority. Part 1 Art. 19.5 Code of Administrative Offenses of the Russian Federation.

In this article we will look at the procedure for issuing penalties such as reprimands and reprimands. But first we want to remind you of this. The employer has the right to apply disciplinary sanctions if the employee fails to perform or improperly performs his duties. Art. 192 Labor Code of the Russian Federation. But these responsibilities must be documented - in an employment contract, job description or local regulation (for example, in internal labor regulations), and the employee must be familiarized with them on signature Art. 68 Labor Code of the Russian Federation. In other words, the rule applies here: if the employer has not familiarized the employee with the document setting out his duties, then the employee is released from liability for failure to fulfill them. see, for example, Determination of the Samara Regional Court dated July 30, 2012 No. 33-6996.

Deadlines for applying penalties

In order to reprimand or reprimand an employee, or rather issue an appropriate order, the employer has 1 month from the date of discovery of the disciplinary offense Art. 193 Labor Code of the Russian Federation, that is, from the day when the violation became known to the immediate supervisor of the offending employee (for example, the head of department a).

Monthly term clause 34 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2:

• extended for the duration of an employee’s illness or while he is on any leave (annual paid, additional, educational, at his own expense, etc.);
• not renewed for days on which the employee was absent from work for some other reason, for example, on additional days off.

WE TELL THE MANAGER

Even if it's obvious What a specific employee has committed a disciplinary offense, he cannot be reprimanded or reprimanded outside the statute of limitations for bringing him to disciplinary liability.

At the same time, it will not be possible to issue a reprimand or reprimand if it has been 6 months Art. 193 Labor Code of the Russian Federation. The six-month period increases to 2 years if the misconduct is revealed as a result of an audit or audit (for example, during the inventory, a shortage of goods and materials was discovered due to the fault of the storekeeper).

The mentioned deadlines are restrictive for the employer and cannot be restored. Omission of them excludes the possibility of applying disciplinary sanctions to the employee see, for example, Appeal rulings of the Novgorod Regional Court dated December 11, 2013 No. 2-5088-33-2076; Omsk Regional Court dated 08/07/2013 No. 33-5026/2013.

Disciplinary procedure

STEP 1. We record the presence of certain circumstances that may subsequently be classified as an employee’s misconduct. This can be done by composing:

• a report or memo addressed to the general director;
• act;
• decisions of the commission (for example, based on the results of an investigation into the fact of causing damage to the employer).

Note that the act is the most optimal document, since the facts stated in it will be witnessed by several people (usually three).

If an employee goes to court over an imposed penalty, these are the people who can be witnesses on the employer’s part.

Here is a sample certificate of absence from work.

Certificate of absence from work

dated August 25, 2014 No. 2

We, the undersigned:
N.L. Zotova - Head of HR Department,
K.D. Bushueva - accountant,
IN. Klintsova - manager of the distribution department, -
They drew up this report stating that on August 25, 2014, secretary Natalya Mikhailovna Petrova was absent from her workplace during the entire working day, from 10.00 to 19.00, and it was not possible to contact her by phone.

STEP 2. We require a written explanation from the employee by handing him a corresponding notice.

Limited Liability Company "Character"

Secretary N.M. Petrova

Notification
the need to provide written explanations

Moscow

I inform you that within 2 working days The employee has 2 full working days to provide explanations Art. 193 Labor Code of the Russian Federation, which are counted from the date following the day the corresponding demand was presented to him. Reducing this period is a violation of the employee’s rights and a strong argument for the court in favor of canceling the penalty Determination of the Moscow City Court dated July 6, 2010 No. 33-19977 from the date of receipt of this notice you must submit to me written explanations The employer is obliged to request a written explanation from the offending employee in writing. Art. 193 Labor Code of the Russian Federation. If this is not done, the procedure for imposing a disciplinary sanction will be violated and the penalty applied to the employee will be considered unlawful. see, for example, Determination of the St. Petersburg City Court dated October 3, 2013 No. 33-15303/2013 about the reasons for your absence from work on August 25, 2014 during the entire working day, from 10.00 to 19.00.

WE TELL THE MANAGER

The fact that the employee did not provide a written explanation for his misconduct, does not prevent the employer from bringing him to disciplinary liability and Art. 193 Labor Code of the Russian Federation. And if, as a result of the misconduct, the employer suffers any material damage, then he will also be subject to financial liability. Articles 192, 248 of the Labor Code of the Russian Federation.

Further actions of the employer depend on the following:

• <если>the employee has submitted an explanatory note - the manager must decide whether the reason for the misconduct is valid. If the reason is disrespectful, should the employee be punished and (if so) what penalty should be applied to him;
• <если>the employee did not give any explanations - it is necessary to draw up an act of failure to provide or refusal to provide an explanation in any form Art. 193 Labor Code of the Russian Federation. And then decide on the issue of bringing the offender to justice.

If the employee immediately refused to give any explanation for his misconduct, there is no need to rush to draw up an act of refusal and issue an order to impose a penalty right on the day the explanation is requested. It is better to wait the 2 working days allotted by law. This way you will deprive the employee of the chance to later claim in court that he was not given the opportunity to change his mind and give an explanation.

Although some courts do not see anything illegal in bringing an employee who refused to “explain” to disciplinary action right on the day when he was asked for an explanation see, for example, Appeal ruling of the Altai Regional Court dated 07/09/2013 No. 33-5006-13; Determination of the St. Petersburg City Court dated 09/08/2010 No. 12408.

STEP 3. We issue an order in any form to announce a reprimand or reprimand. It should briefly describe the offense (the so-called stating part of the order) and refer to all the papers drawn up in connection with this.

Limited Liability Company "Character"

Order No. 11

Moscow

About reprimanding

Due to the absence of secretary Natalya Mikhailovna Petrova from the workplace on August 25, 2014 from 10.00 to 19.00 without good reason on the basis of Articles 192, 193 of the Labor Code of the Russian Federation

I ORDER:

For violation of labor discipline (clause 3.4 of the internal labor regulations of Character LLC), declare N.M. Petrova's reprimand.

Applications:
1) certificate of absence from work dated August 25, 2014 No. 2;
2) explanatory note by N.M. Petrova dated 08/27/2014.

I have read the order The employee must be familiarized with the order against signature within 3 working days since its publication. If an employee was absent from work for some reason (was temporarily disabled, was on a business trip, etc.), then the period of his absence freezes the course of this period. In the event that an employee refuses to familiarize himself with the order, a report about this must be drawn up in a free form. Art. 193 Labor Code of the Russian Federation

For committing a disciplinary offense, i.e. for culpable failure or improper performance by an employee of his labor duties, three types of penalties can be applied to him (Article 192 of the Labor Code of the Russian Federation):

Remark (less strict measure of liability);

Reprimand (a more severe measure of responsibility);

Dismissal.

Federal laws, charters and regulations on discipline in force for certain categories of employees (for example, for state and municipal employees, customs and prosecutor's office employees) may also provide for other disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation).

For ordinary organizations, the list of these penalties is exhaustive, therefore the employer does not have the right to apply other types of punishment to employees (fines, deprivation of bonuses, etc.). If such facts are revealed by the Federal Labor Inspectorate, the organization may be brought to administrative liability under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor legislation.

The penalties listed in Art. 192 of the Labor Code of the Russian Federation, can be applied not only in the sequence in which they are indicated in the Labor Code of the Russian Federation. Therefore, taking into account the severity of the offense committed, its consequences, the identity of the offender, etc. the employer can immediately reprimand the employee (not reprimand) or even fire him (if there are sufficient grounds). But for each violation, only one penalty can be applied (Article 193 of the Labor Code of the Russian Federation), i.e. For absence from work for more than four hours, an employee cannot be subject to both a reprimand and dismissal. At the same time, holding an employee financially liable for a particular offense (for example, damaging the organization’s property) does not deprive the employer of the opportunity to simultaneously apply disciplinary sanctions. This conclusion follows from Art. Art. 192 and 248 of the Labor Code of the Russian Federation, according to which bringing to financial responsibility is not a disciplinary sanction.

For more information on bringing to financial responsibility, see "Guide to HR Issues. Employee's Financial Responsibility."

Violations for which penalties may be applied

Disciplinary sanctions are applied when an employee fails to perform or improperly performs his duties (Article 192 of the Labor Code of the Russian Federation). In this case, these responsibilities must be recorded in the employment contract, job description or in the local regulations of the employer. This means that before starting the procedure for holding an employee accountable, you need to make sure that the employee was familiar with the document whose provisions he violated. The employee's familiarization with these documents is recorded by his signature (indicating the date) on the corresponding document.

Thus, the application of penalties is possible:

For the employee’s commission of actions directly prohibited by the employment contract, job description, or local act;

For failure to take the necessary actions directly provided for by these documents;

For performing actions not prohibited by the employment contract, but arising from the meaning of compliance with labor discipline.

Examples of such actions may include:

Failure to perform a labor function;

Failure to comply with the instructions of the manager;

Violation of labor discipline (lateness, absence from work without good reason, refusal to undergo a medical examination, refusal to learn the basics of labor protection, being intoxicated at the workplace, etc.);

Committing guilty actions (theft, embezzlement, damage, etc.) in relation to the employer’s property, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses (clause “d” of Part. 6 Article 81 of the Labor Code of the Russian Federation).

Situation from practice

Is it possible to apply a disciplinary sanction to an employee who is an hour late for work, having mixed up the start time of the shift established by the shift schedule?

A penalty can only be applied if the employee is properly familiar with the shift schedule.

According to Part 4 of Art. 103 of the Labor Code of the Russian Federation, shift schedules are brought to the attention of employees no later than one month before they come into force. In this situation, it is possible to hold the seller accountable only if he is familiar with the shift schedule a month before it comes into effect under signature. In the case where the schedule is posted in an open place (without the signature of employees to familiarize themselves with it), the seller cannot be held liable.

Thus, if the employer familiarized the employee with the schedule within the time limits established by law, then the application of the penalty is lawful.

Registration of the fact that an employee has committed a disciplinary offense

The first thing that needs to be done to correctly apply a penalty to an employee is to document the offense (action or inaction) that is a violation of labor duties or discipline and for which a penalty is planned to be applied. In practice (depending on what kind of violation the employee committed), this fact is usually documented in the following documents:

A memo (for example, when an employee fails to complete a task or uses the employer’s resources (Internet, copy machine, etc.) for personal purposes);

Act (for example, in case of absence from work or refusal to undergo a medical examination);

Decision of the commission (based on the results of an investigation into the fact of damage to the employer or the fact of disclosure of confidential information).

The listed documents can confirm the commission of an offense both individually (for example, a decision of a commission) and in aggregate (for example, if an employee is absent from the workplace during the working day, first, as a rule, a memorandum is drawn up, and then an act). The obligation to familiarize the employee with these documents is not established by the Labor Code of the Russian Federation.

Obtaining explanations from the employee who committed the violation

Before issuing an order to apply a disciplinary sanction, a written explanation must be requested from the employee (Article 193 of the Labor Code of the Russian Federation). Thus, the employee is given the opportunity to indicate valid reasons for his misconduct. The Labor Code of the Russian Federation does not specify in what form the employer must request this explanation. Therefore, if the employee is ready to submit an explanatory note, a written request need not be issued. If the situation is clearly of a conflict nature, then it is better to formalize this requirement in writing and hand it to the employee against signature. If the employee refuses to sign the request, it is necessary to draw up a corresponding act.

The Labor Code of the Russian Federation allows the employee two working days to provide explanations, which are counted from the date following the day the demand is presented. If after this period the employee has not provided an explanation, then a corresponding act is drawn up (Article 193 of the Labor Code of the Russian Federation). If there is such an act and a document indicating that an explanation was requested from the employee, a disciplinary sanction can be applied without an explanatory note from the employee (Article 193 of the Labor Code of the Russian Federation).

Situation from practice

When is it necessary to draw up a report stating that an employee has not provided an explanation for a violation of discipline?

An act of refusal to give explanations must be drawn up after two working days from the date of presentation of the corresponding demand to the employee.

According to Art. 193 of the Labor Code of the Russian Federation, an act stating that the employee did not provide an explanation for the fact of the violation of discipline is drawn up after two working days from the date of presentation of this requirement. Accordingly, if the claim is submitted on Monday, then the first day will be Tuesday, and the second will be Wednesday. In this case, due to the specified norm, the second day must expire. Thus, if no explanations have been received by 24 hours on Wednesday, then on Thursday, a corresponding act can be drawn up. If the employee submits an explanatory note, the employer’s further actions depend on the reasons for the misconduct indicated in it. If the employer considers them to be valid, then no disciplinary action will be taken. Otherwise, the explanatory note becomes one of the grounds for applying a reprimand or reprimand.

Drawing up an order to impose a penalty

After receiving an explanatory note or drawing up a report stating that after two working days the employee has not provided an explanation, you can issue an order to apply a reprimand or reprimand. In this case, the employer decides independently what kind of punishment to apply in this case. In such a situation, it is necessary to take into account the circumstances of the misconduct, its consequences, the reasons cited by the employee, etc.

There is no unified form for such an order, so the organization develops it independently. The order must include the following information:

Last name, first name, patronymic of the employee;

The position of the employee to whom the penalty is applied;

The structural unit where the employee works;

The offense committed by the employee, with references to the violated clauses of the contract or job description and to documents confirming this violation;

The circumstances of the commission of the offense, the degree of its severity and the guilt of the employee;

Type of disciplinary sanction imposed (reprimand or reprimand).

As the basis for issuing an order, the details of the act, memorandum or other document recording the misconduct, the employee’s explanatory note or the act of refusal to provide explanations are indicated.

The order 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 document, a corresponding act is drawn up.

An order to apply a disciplinary sanction can be issued only if no more than six months have passed since the day the offense was committed, and no more than one month has passed since the day it was discovered (Article 193 of the Labor Code of the Russian Federation). In this case, the day when the misconduct was discovered is the day when the employee’s immediate supervisor became aware of this misconduct. And it doesn’t matter whether this manager has the right to use a reprimand or reprimand (clause 34 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

These deadlines are extended in the following cases:

If a violation is discovered as a result of an audit, inspection of financial and economic activities or an audit, then the period counted from the moment the offense was committed increases to two years (Article 193 of the Labor Code of the Russian Federation);

If an employee’s misconduct has become the basis for initiating a criminal case, then the time of proceedings on it is not taken into account when calculating the period that has passed since the commission of the offense (Article 193 of the Labor Code of the Russian Federation);

If the employee was sick or on vacation, then the time of the employee’s illness, his stay on vacation, as well as the time required to take into account the opinion of the trade union organization, is not taken into account when calculating the monthly period counted from the moment the offense was discovered (Article 193 of the Labor Code of the Russian Federation).

Drawing up a work book when announcing a reprimand or reprimand

An entry about a disciplinary sanction is not made in the work book (Article 66 of the Labor Code of the Russian Federation), except in cases where the disciplinary sanction is dismissal.

Drawing up a personal card when announcing a reprimand or reprimand

It is not necessary to make a record of a disciplinary sanction on your personal card. But if necessary (to ensure internal accounting), this information can be reflected in section 10 “Additional information”.

Consequences of applying a penalty to an employee

If an employee has a disciplinary sanction (no matter a reprimand or reprimand), the employer has the right to:

Do not pay incentive payments to the employee in whole or in part, if local regulations stipulate that these payments are not made in the presence of outstanding disciplinary penalties;

In case of repeated (within a year) violation of labor discipline, dismiss the employee (Part 5 of Article 81 of the Labor Code of the Russian Federation).

For more information about dismissal for repeated failure to fulfill job duties, see the section “Dismissal for repeated failure to fulfill job duties” of this material.

Responsibility of the employer for violation of the procedure for applying penalties

If during an inspection (including one carried out based on a complaint from an employee (Article 193 of the Labor Code of the Russian Federation)) it is discovered that the employer has violated the procedure for applying a disciplinary sanction or applied a penalty without grounds, the Federal Labor Inspectorate may hold the organization administratively liable under Art. 5.27 Code of Administrative Offenses of the Russian Federation. In addition, the penalty applied will be considered illegal. Accordingly, if due to this penalty the employee was not paid any amounts, they will have to be paid to him with interest (monetary compensation) for the delay in payment (Article 236 of the Labor Code of the Russian Federation).

Removal of foreclosure

Removal of a penalty means that the employee is considered to have no disciplinary sanctions. Such withdrawal may occur automatically or at the initiative of the employer.

1. Automatic removal of foreclosure

A penalty applied to an employee (reprimand or reprimand) is automatically lifted after a year, provided that during this year the employee was not subjected to a new disciplinary sanction (Article 194 of the Labor Code of the Russian Federation). The employer does not have to prepare any documents in this case, since the Labor Code of the Russian Federation does not require this.

If an employee commits a new offense during the year, for which a new penalty is applied to him, then the period for lifting the penalty begins to count anew from the moment the order is issued to apply the penalty for the new offense. Accordingly, after a year, if the employee does not commit new offenses, he will be considered to have no penalties.

Situation from practice

Is a violation of labor discipline considered repeated if the employee was transferred to another position before committing the second offense?

According to Part 1 of Art. 194 of the Labor Code of the Russian Federation, 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 also has the right, on its own initiative, to remove a previously imposed disciplinary sanction from an employee before the end of the year (Part 2 of Article 194 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not establish that a transfer to another position, another job with the same employer is considered a circumstance that exempts an employee from a previously imposed disciplinary sanction. Accordingly, if 12 months have not passed since the application of the first disciplinary sanction and during the same period the employee again violates labor discipline, such a violation will be considered repeated. The employer will have every reason to dismiss such an employee due to the employee’s repeated failure to fulfill his job duties without good reason (Clause 5, Part 1, Article 81 of the Labor Code of the Russian Federation).

2. Registration of early withdrawal of penalties at the initiative of the employer

The employer has the right to remove the penalty from the employee even before the expiration of a year from the date of its application, and he can do this either on his own initiative or at the request of the employee himself, his immediate supervisor or a representative body of employees (Article 194 of the Labor Code of the Russian Federation).

The removal of the penalty is formalized by order. There is no unified form for this order, so the organization develops it independently. The order must indicate:

Last name, first name, patronymic of the employee;

Employee position and structural unit;

Grounds for lifting a disciplinary sanction;

Date of removal of foreclosure.

The order must be familiarized to the employee against signature.

Often employers use rebuke as a kind of educational measure towards the employee, and sometimes, it is used as a way for the employee to survive from the company. At the same time, employers often do not bother themselves with preparing documentary grounds for reprimands. Since complaints about the performance of duties by an employee are not always objective, the employee has a legitimate indignation about the use of such methods and a desire for them appeal.

Issuing a reprimand requires strict adherence to a certain procedure.

1. An order to issue a reprimand cannot be signed in the absence of written explanations about the violation committed. Announcing a reprimand without receiving written explanations from the employee has no legal force, except in cases where the employee refused explanations (the employee’s refusal must be recorded in the form of an act, in the presence of witnesses). The employee is given at least two working days to provide explanations. This means that for an offense committed, for example, today, a reprimand cannot be issued on the same day. At least two days must pass before the necessary documents are prepared.
2. In addition to explanations from the employee, in order to sign an order to issue a reprimand, written evidence must be collected of the employee’s violation of certain internal company documents (rules, job descriptions, orders), indicating the points of specific documents that the employee violated, printouts of various recording devices, and others.
3. An important condition for issuing a reprimand is its duration. A reprimand order may be issued no later than one month from the date of discovery of the violation and no later than six months from the date of its commission. Managers often like to collect “compromising evidence” on their subordinates in order to, if the opportunity arises, subject them to dismissal for violations committed, for example, during the year. If the manager “did not give effect” to the facts about the commission of an offense (did not sign the order to issue a reprimand or reprimand), then he has no grounds to dismiss the employee for failure to fulfill official duties as he already has disciplinary sanctions.
4. The Labor Code distinguishes three types of disciplinary sanctions: reprimand, reprimand, dismissal. When applying one or another type of disciplinary sanction, the severity of the violation must be taken into account. That is, for being five minutes late for work, a reprimand or dismissal is hardly justified if this does not entail any irreversible consequences for the company.
5. If the company has a representative body of employees, then when issuing a reprimand, its opinion must be taken into account.
6. A violation may result in only one disciplinary sanction. That is, you cannot be reprimanded and fired at the same time for the same violation.
7. After issuing an order to issue a reprimand, the employee must be familiarized with it against signature and provided with a copy of this order. That is, the employee must understand what he violated and why exactly he was reprimanded. If an employee refuses to familiarize himself with the order, then the refusal must be recorded in an act in the presence of witnesses.
8. The validity of the reprimand is limited to one year. If during this period the employer does not have any claims against the employee, the reprimand is automatically considered withdrawn. If the employee is given other reprimands, the employee risks being fired for repeated failure to perform job duties. The legislation gives the employer the right to withdraw reprimands early, before the end of the year.

Thus, issuing a reprimand requires careful paperwork and compliance with the deadlines for issuing the order, otherwise its announcement may be considered illegal. The question of the legality of issuing a reprimand involves an analysis of documents. In this regard, there are frequent cases of seeking legal assistance and a high probability of appealing against the employer’s actions. If the reprimand is issued illegally, you can appeal it by contacting the labor inspectorate or our lawyers for further appeal in court.

The receipt of disciplinary action by an employee is usually punishment for the violation. However, sometimes such a measure is applied unfairly and can be appealed.

This is a disciplinary measure that carries out several important functions. It is simultaneously intended to punish the offending employee and to motivate him to pay special attention to his quality of work and behavior.

This is a relatively heavy penalty. If an employee repeats violations, he risks being fired.

However, in the future, if the problems are eliminated, the penalty from the employee may be lifted. It's done in a year automatically. But this can be done earlier either at the request of the employee himself or at the request of his immediate superior.

In this situation it is published new order of corresponding content.

By law

If an employee who has committed misconduct receives a reprimand or reprimand as a disciplinary sanction, this is not recorded in the work record book. An entry may be made in the personal file, but this is not a requirement.

The Labor Code provides three types of disciplinary punishments. The list includes reprimand, reprimand, dismissal.

What is the difference between a remark and a reprimand

There is a point of view that measures of influence should be progressive: first a reprimand is announced and only then a reprimand. In fact, such a principle is not noted in the Labor Code. The difference between them is the severity of the violation. The employer has the right to apply them in the order that he considers more correct.

After two reprimands, the boss has the right to fire the employee. The only condition is that they must be made for various violations.

It refers to two main types of situations:

1. If an employee does not fulfill his official duties.
2. In case of violation of labor discipline.

It is important to consider that the first of the above reasons is possible only if certain conditions:

1. The company has job descriptions.
2. This employee is familiar with his instructions upon signature.

If this is not done, then such a disciplinary measure is illegal.

When choosing how severe the violation for which a penalty is declared should be, you need to take into account that for two such cases the employee may be dismissed.

A disciplinary measure cannot be applied later than one month after the commission of the offense. If a violation is revealed by a special inspection, the deadline is increased. up to two years.

If the employee was on sick leave or on vacation at that time, the period is increased by the appropriate period of time.

What is a severe reprimand

The labor activities of employees are regulated by the provisions of the Labor Code of the Russian Federation. This document regulates the permitted disciplinary measures.

There is no severe reprimand in this list. That is, in normal situations the employer does not have the right to apply it.

However, employees in certain areas of activity may also be subject to some additional documents.

For this purpose, the state may approve Federal Laws, various provisions on disciplinary measures or charters.

In particular, such documents are provided for internal troops, the prosecutor's office, customs, the Armed Forces and in some other cases. They provide for the possibility of imposing the punishment in question, which is absent in the articles of the Labor Code of the Russian Federation.

The application of this measure occurs in the event of violations of labor discipline or improper performance of duties. The essence of the application is that the boss thus expresses a negative assessment of the employee’s actions.

The impact has several components:

1. The employee's behavior is assessed. In this case it is negative.
2. Has a preventive effect. The offender is expected to refrain from further wrongful actions.
3. There is also a motivational effect. The employee receives additional motivation to comply with labor discipline.

There are no significant differences between the usual and strict punishment options. The difference is that the latter correspond to a more serious offense.

Here Several variants for situations suitable for declaring the punishment in question:

1. It is appropriate in a situation where an employee does not perform official duties or does so inappropriately.
2. Absence from work without a valid reason is, of course, a violation of labor discipline. However, if we are talking about a long-term absence, then in this case it can be announced.
3. Punishment is acceptable if you are late for work.
4. For damage to the property of the employer, organization or third parties.
5. If you show up at work drunk or under the influence of drugs, this will entail appropriate punishment.
6. Sometimes, if serious, acute conflicts arise with the team or management, punishment may follow.

The procedure for applying this punishment similar to issuing a regular reprimand. If the perpetrator receives a second punishment, they have the right to dismiss. The consequences may include withdrawal of the bonus or deprivation of incentives in some other way. No entry is made into the work book.

This disciplinary penalty may be withdrawn. This is done in the same way as when receiving a regular penalty.

As announced at work

This disciplinary measure is used when an employee does not fulfill his duties or there has been a violation of labor discipline. In order to do everything correctly, the design must take place in the following way:

1. First, the fact of misconduct must be documented. This is usually done by sending a report from the violator's immediate superior. Another possible option is to draw up an act on behalf of a commission appointed by the employer.
2. Although the fact has been established at this point, it is necessary to obtain an explanation from the culprit. There may always be a chance that he can explain the behavior in a note and give good reasons to justify what he did. For example, if he is absent from work, he will indicate the reason that he is sick. Two days are given for this.
3. It is possible that an employee will refuse to explain anything. In this case, it is necessary to draw up an act stating that this was offered to him, and the refusal is his personal responsibility.
4. Next, an order to issue a reprimand is issued. It must contain a link to the documents that support it.
5. The order must have the signature of the manager.
6. After three days, the signature of the violator must be there.

Receiving such a disciplinary sanction twice gives the right to dismiss the employee. But at the same time, the reasons for which the punishment was imposed must be various kinds.

Over time, the penalty may be lifted. If this was the only reprimand, then the next one will not be enough for dismissal.

In some cases, the boss may act in the following way. If an employee committed an offense, they might not pay attention to him. After he receives a reprimand for another reason, the boss may remember the forgiveness and change his mind, issuing a second reprimand for him. Thus, the employee unexpectedly faces the threat of dismissal.

How to appeal

The announcement of a reprimand must comply registration rules. If a violation has occurred, it can be challenged outside the enterprise by going to court or the labor inspectorate to appeal. In this case, the penalty may be withdrawn, and the dismissal may be declared illegal.

Appeal is permissible within a month after receiving the penalty. To contact the regulatory authorities, you must write a statement outlining the essence of what happened, a copy of the provided explanatory note, a copy of the order to impose a penalty and prepare your passport.

Possible examples of judicial practice

Here is one example of an employee successfully protecting his rights by going to court.

One of the district courts heard a case brought by A. S. Ivanova. She worked as a dentist in a district clinic for many years. At the time of going to court, he is a doctor of the highest category. Accuses the management of the clinic of unlawful orders to issue reprimands. Claims their cancellation, compensation for moral damages and payment of legal services at the expense of the defendant.

The court carefully examined the case and found out that the reprimand orders were drawn up on the basis of internal notes from other employees and no written explanations were requested from Ivanova.

The other party argued that the plaintiff refused to provide an explanation. But at the same time, an act had to be drawn up, but this document was not provided.

Thus, the court noted that there was a violation of the reprimand procedure in all cases considered and canceled the relevant orders. At the same time, he ordered the defendant to pay for legal services for the plaintiff.

In the case under consideration, a violation of the established procedure led to the removal of reprimands.

An overview of reprimands for rudeness at work is presented below.