An order to severely reprimand an employee. Order to reprimand an employee

An order to reprimand an employee - a sample of this document is not established by law, but to acquire legal force it must be drawn up in accordance with the norms of the Labor Code of the Russian Federation. Let's look at how to properly format this document.

In what cases is an order issued to issue a reprimand for improper performance of official duties?

In accordance with the provisions of Art. 192 of the Labor Code of the Russian Federation, a company has the right to impose a penalty on its employee in the form of a reprimand, reprimand or initiation of dismissal, in response to his violation of established job responsibilities. The recovery is formalized through an order or instruction of the employing company (Article 193 of the Labor Code of the Russian Federation). There are a number of important nuances in their preparation.

A reprimand order can be issued only after the employing company provides the employee with the opportunity to present an explanatory note setting out the circumstances of the violation of official duties. Requesting an explanatory note from an employee can be done in any way - the Labor Code of the Russian Federation does not regulate this point, but it is still recommended to request it through a separate notification.

If the employee does not provide an explanation within 2 days after receiving the relevant notification, the employer must draw up a report on this fact, and then may draw up an order to issue a reprimand or other penalty. If the employee provides an explanatory note, but does not provide compelling arguments in his justification, the employer will also have the right to draw up an appropriate order.

The Labor Code of the Russian Federation, as well as other sources of law, does not regulate how this document should look. The experts of our portal, based on the practice of modern personnel management, recommend forming an order to issue a reprimand in the structure that will be given below.

How to correctly draw up an order for violation of labor discipline

In an order to impose a penalty such as a reprimand on an employee, it is advisable to indicate:

• date and place of drawing up the order;
• name of the employing company;
• number, name of the document (“Order No. ... on reprimand”);
• text block reflecting the essence of the violation by the employee labor responsibilities;
• a resolute text block in the first person (“I order...”);
• list of attached documents - if any.

Who should sign the reprimand order?

First of all, it must be signed by the director of the organization. In accordance with the provisions of Art. 193 of the Labor Code of the Russian Federation, the order must also be endorsed by the employee of the company on whom the disciplinary action, no later than 3 days from the date of publication of the document. If the employee is unable to sign the order due to absence from work, then this period is extended. If an employee does not want to confirm familiarization with the order with a signature, a report to this effect is drawn up.

Signing employment contract, each employee agrees with the rules and work regime that apply in the organization. Violation of these norms is regarded as a disciplinary offense and gives rise to disciplinary liability. Reprimand is one of its types. Let's consider how to correctly issue a reprimand order, and what consequences its issuance will have for the employee.

Labor legislation has provided the employer with only three methods of punishing employees who have violated discipline: reprimand, reprimand, dismissal (Article 192 of the Labor Code of the Russian Federation). In addition, the use of each of them, in order to be considered legal, must occur according to certain rules and with strict adherence to deadlines. These measures are designed to protect workers from possible abuse by the employer.

At first glance, it may seem that a reprimand, like a reprimand, is not a very effective measure. Indeed, unlike punishment for absenteeism, it does not imply serious consequences in the form of dismissal. However, this is not so; any disciplinary sanction carries a number of negative aspects for the employee:

• the entire team is notified of violations of internal regulations;
• During the period of validity of the reprimand, incentive measures (bonuses, additional leave etc.);
• even a minor repeated violation of discipline may be grounds for more serious measures, including dismissal.

When choosing a disciplinary measure, the employer is limited by only two rules: one punishment for one violation and proportionality of the offense and responsibility. Therefore, for one employee, disciplinary action for absenteeism will be limited to a reprimand, while for another it will result in dismissal “under the article,” which also has a significant educational effect.

Step-by-step instructions for declaring disciplinary action

Before issuing a reprimand, the employer needs to make sure that there are grounds for this, that is, there is a violation of discipline on the part of the employee. This is understood as improper performance or complete failure to fulfill labor duties listed in Art. 21 of the Labor Code of the Russian Federation and in the text of the employment contract. Not a single regulatory act contains an exact list of offenses for which a reprimand is required.

Failure to fulfill duties must be recorded. As a rule, an act is drawn up about this, a memorandum or report is written. The document reflects the type of violation: lateness, failure to comply with the manager’s orders, missed deadlines, etc. It is important that the identified violations do not have a valid reason, such as employee illness, serious disruptions in the operation of public transport, failure to provide conditions for the execution of orders, etc.

If it is the employee who is to blame for failure to fulfill duties, then before issuing an order for disciplinary action for absenteeism, tardiness or other violation, it is necessary to demand from the violator a written explanation of his misconduct. The employee may refuse, as he understands that this action will have negative consequences for him.

Such a refusal will not be another violation on the part of the employee, and will also not become an obstacle to issuing a reprimand. In such a case, it is envisaged to draw up an act on the employee’s unwillingness to give written explanations. It is signed by the violator’s immediate supervisor, a HR specialist and two witnesses. An order to impose a reprimand or other penalty will still be issued.

It takes three days to issue a reprimand to an employee, a sample order for which you will find on our website. During this period, a draft order is drawn up, all necessary approvals are made, and the manager’s signature is affixed. The order is brought to the attention of employees of the organization. The employee who has been reprimanded by order must sign that he has familiarized himself with the document. The order is registered and stored in the employee’s personal file until the end of the punishment or its early removal.

We draw up a punishment order

Unlike many personnel documents, the order to reprimand an employee does not have a unified form. When drawing up such a document, other administrative documents on the main activity are taken as a model. As an example, an order to apply incentive measures can be used.

The order consists of two parts:

1. Ascertaining. It contains information about the offense, who committed it and when, and when it was discovered.
2. Administrative. This part specifies to whom the reprimand is applied and provides a link to the relevant paragraph of Art. Article 192 of the Labor Code of the Russian Federation appoints a person responsible for the execution of the order.

Mandatory details of such an order are the signatures of the manager and the employee himself. If the latter refuses to familiarize himself with the document and confirm this fact with his signature, an act is drawn up. The law allows two days for these actions.

How long does a reprimand last?

Disciplinary action not related to dismissal is valid for one year. All this time, the order for its application is kept in the employee’s personal file. If during this year another offense is committed, then the employer will have reason to talk about a systematic violation of discipline (clause 5, part 1, article 81 of the Labor Code). The penalty for this may be dismissal.

The penalty can be canceled ahead of schedule at the request of the employee himself, at the request of his immediate superior or trade union, as well as at the will of the employer himself. An order is issued regarding the lifting of the penalty, which the employee must familiarize himself with under signature. After the issuance of such an order or the expiration of the penalty, it is considered that the employee has not committed any violations. Sign up for work book or a personal reprimand card is not issued.

Disciplinary action is always a conflict between employer and employee. And conflicts threaten to escalate into a legal dispute. The chances of the parties in legal proceedings depend on the correct execution of documentation for collection.

From the article you will learn:

In accordance with Art. 192 of the Labor Code of the Russian Federation, a reprimand is one of the disciplinary sanctions. Its imposition obeys general rules applications disciplinary liability, provided for in Art. 193 Labor Code of the Russian Federation. This article provides for the procedure for explaining the employee, the timing of penalties, and the principles of punishment.

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Regarding documentation collection by order, it is said that the order (or order) on the application disciplinary action is announced to the employee against signature, for this the employer has three working days from the date of its publication, not counting the time the employee is absent from work. If you refuse to familiarize yourself with the specified order, a corresponding act is drawn up against signature, where in the presence of two employees (witnesses) the fact is recorded that the employee saw the order, but refused to sign it. Refusal to sign the order, as well as refusal to provide an explanation, is not an obstacle to the application of penalties.

General requirements for the order

Since an order is an administrative act, it must meet certain general requirements as document:

• have a clear statement that does not allow for double interpretation;
• there must be an indication of the grounds for bringing to responsibility (a clear indication of the employee’s unlawful action);
• information must be complete and reliable;
• Concise and clear presentation of information in business clerical language using established formats.

Required details

Reprimand as a disciplinary measure

Rebuke is one of the disciplinary sanctions. In terms of severity, this measure is more severe than a reprimand, but less than dismissal. The employer independently determines what punishment to apply to the employee for a particular offense.

The Labor Code of the Russian Federation only says that a reprimand can be issued for failure to fulfill or improper performance of labor duties. Of course, such non-compliance may vary in degree of importance for the company’s business processes, in consequences and in circumstances. When choosing a measure such as a reprimand, it is necessary to take into account all the nuances, mitigating and aggravating circumstances, the degree of guilt of the employee, and his attitude towards the incident.

Announcing a reprimand

In accordance with the explanations of paragraph 53 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 “On the application by courts Russian Federation Labor Code of the Russian Federation", the employer must provide evidence indicating not only that the employee committed a disciplinary offense, but also that when imposing a penalty, the severity of this offense and the circumstances under which it was committed were taken into account (Part 5 of Art. 192 of the Labor Code of the Russian Federation), as well as the employee’s previous behavior and attitude towards work.

The order of reprimand (a sample will be below) is drawn up according to the same rules as any order of disciplinary action. The main thing is that it clearly indicates this particular measure - a reprimand.

Despite the fact that the law directly prescribes only one penalty for each offense, in practice it is often possible to encounter such a phenomenon when, in the presence of an order for a reprimand, an employee is deprived of a bonus. This is the situation here. The law does not prohibit the employer from independently forming systems of material incentives for its employees for fulfilling certain conditions in the process of their labor activity. One such condition may be the absence disciplinary sanctions. Then the presence of a reprimand will be sufficient grounds for not paying the employee a bonus for the period when the corresponding penalty was applied, or for another period provided for by the bonus regulations.

The Determination of the Supreme Court of the Russian Federation dated 04/07/2005 N KAS05-126 states that prerequisite In order for the employer’s actions to be legitimate, the company must have a local regulatory document that clearly states the criteria for calculating bonuses. The absence of disciplinary action should be one of these criteria.

Punishment for absenteeism

Absenteeism is a serious violation labor discipline. According to Art. 81 of the Labor Code of the Russian Federation, the employer has the right to dismiss an employee who has committed absenteeism, in compliance with a certain procedure, because dismissal is one of the measures disciplinary action. Let us note that this is precisely the right of the employer, that is, he may apply a different punishment to the employee, or he may not apply it at all.

Thus, it is possible to punish for absenteeism (taking into account all the circumstances of its commission, guilt, motives, the employee’s attitude towards his actions, his value to the employer and reputation) by issuing a reprimand. Then an order is issued (reprimand for absenteeism).

A common mistake employers make is to impose two penalties on an employee for one violation. For absenteeism, for example, two orders are issued: one to reprimand the employee for absenteeism, and the other to dismiss the employee for absenteeism. In this case, the employer’s actions are unlawful, since the law prohibits the application of two penalties simultaneously for the same violation.

When issuing an order for an employee to take absenteeism without dismissal, you can use the sample that is used for ordering disciplinary action in the form of a reprimand.

A reprimand for failure to fulfill duties is an effective measure of influence on violators of labor discipline. In order to establish the procedure for the employee to perform job functions, the employer has in its arsenal such documents as an employment contract, job description, internal rules labor regulations and other local regulations. In fact, for one reason or another, an employee often violates the provisions approved by the organization. Depending on the nature, severity and frequency of violations, the manager has the right to apply appropriate disciplinary action. The article will discuss the procedure and also provide a sample order to issue a reprimand.

Procedure for applying penalties

The rules for applying a particular disciplinary sanction are described in Art. 193 Labor Code of the Russian Federation, according to which any punitive measure is accompanied by the issuance of a corresponding order. By law, before classifying an action as a misdemeanor, the employer must request an explanation from the employee who committed it. The refusal to give an explanation is recorded by drawing up an act and, according to Art. 193 of the Labor Code of the Russian Federation, cannot interfere with the application of disciplinary measures. Deadline for submission explanatory note does not exceed two working days. In addition, the Labor Code provides for other terms for the application of penalties:

• no more than one month after discovery of the violation;
• no more than six months after the violation was committed;
• no more than two years after the discovery of the misconduct based on the results of an inspection by an auditor or auditor.

It is important to remember that, in accordance with the Labor Code of the Russian Federation, only one punishment can be imposed for one specific violation (Article 193 of the Labor Code of the Russian Federation).

Reprimand as a disciplinary sanction

In Art. 192 Labor Code of the Russian Federation this concept is mentioned as one of the types of punishment along with reprimand and dismissal on appropriate grounds. However, the legislative act does not clearly define this term and does not explain its difference from a remark. In practice, it is generally accepted that a reprimand is given for a violation of moderate severity. Sometimes organizational leaders or employees personnel service operate with such a concept as a severe reprimand. This is probably done to enhance the effect of punishment on a psychological level, because this term has nothing to do with Labor Code and officially applies, for example, to serving in the armed forces of the Russian Federation.

The application of punitive measures, according to the law, is formalized by an order, which is presented to the employee for signature within three working days (Article 193 of the Labor Code of the Russian Federation). Below is an example of a reprimand for improper performance of official duties.

Sample order

Consequences for the employee

When discussing violations of discipline and types of punishment, the question inevitably arises: does a reprimand received at work have consequences? Contrary to popular belief, information about reprimand is not subject to entry into the work record book, and therefore does not become known to another employer. This is evidenced by Art. 66 Labor Code of the Russian Federation. A reprimand entered into a personal file at the document level implies, as mentioned above, the issuance of an order. In addition, responsible for personnel records management the employee may (but is not obligated to) record this fact in the violator’s personal card. In fact, the presence of such a penalty may be a factor in subsequent dismissal. P. 5 Art. 81 Labor Code of the Russian Federation states that the employer has the right to terminate labor relations with the employee if there is a fact of “repeated failure by the employee to fulfill his duties if he has a disciplinary sanction.” In this case, an entry is made in the work book with a link to the above article of the Labor Code.

A reprimand is special kind disciplinary action, which is applied to employees who have violated certain internal rules, committed negligence and errors in work, and also have any other offenses towards the organization. It is believed that a reprimand is a punishment of medium severity, intermediate between a simple reprimand and dismissal, a serious warning about the inadmissibility of repeating such violations.

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An important condition is that a reprimand is issued only in cases where it is established that the offense was committed precisely through the fault of the employee, and not due to some external factors (force majeure, fires, accidents, floods, etc.).

Before issuing an order

The procedure for imposing disciplinary sanctions is strictly regulated by the labor legislation of the Russian Federation. In particular, any order relating to employees of an organization, including this one, must have some written basis. In this case, their role is usually played by

• manager's memorandum structural unit where the offending employee works,
• explanatory note from the employee,
• an act establishing the identification of a violation, etc.

If an employee refuses to provide an explanation for the misconduct that occurred, this must be recorded in a separate document.

The employer has the right to issue an order to reprimand no later than one month after established fact misconduct (this does not take into account the employee’s illness, vacation, and other periods of absence on legal grounds). Do not forget that for one offense the employer has the right to impose only one disciplinary punishment out of three main ones:

• dismissal,
• rebuke,
• comment.

Rules for drawing up an order

As of today, there is no standard unified form for an order to issue a reprimand. Enterprises and organizations can develop its form at their own discretion and based on their own understanding of this document or use widely used templates. In any case, when creating it, you must adhere to certain standards.

In particular, this document must contain information about the employer and employee, the reason for the reprimand and links to supporting documents.

The employee in respect of whom the order is issued is obliged to familiarize himself with it and put his signature on it. If you refuse to sign a document, you need to draw up a corresponding act (you should never forget that a subordinate can challenge the employer’s actions in court or complain about him to the territorial labor inspectorate).

Information about a single reprimand is not entered into the employee’s work book, but is recorded in the order of dismissal for systematic violations, if such occurs during the period of its validity.

The order form itself, completed in accordance with all the rules, after entering into force, is transferred for storage to the archive of the enterprise, where it is kept for the period established for such documents by the legislation of the Russian Federation.

Rules for completing an order

The order is issued in a single copy

• on regular sheet A4 format
• or on the company’s letterhead (the latter option is preferable - there is no need to additionally enter the organization’s details).

You can write it either by hand or print it on a computer. But regardless of which option is chosen, the order must be certified with a “live” autograph of the head of the organization. There is no need to put a seal on it, since it belongs to the internal documentation of the enterprise and, moreover, since 2016 legal entities may not use seals and stamps at all to endorse papers.

An example of writing an order to issue a reprimand

Filling out the document header

At the very beginning of the document, usually on the right or left (it doesn’t matter), the name of the company is written indicating its organizational and legal status (i.e. CJSC, OJSC, Individual Entrepreneur, LLC). Then the word “Order” is entered, its number is entered in accordance with the document flow within the company, and the date of its creation is indicated. Next, two or three words indicate the meaning of the document.

Filling out the body of the document

This is followed by the information part of the order. This includes detailed information about the violation and the reason for the penalty (in other words, the essence of the claim against the employee is described). The date of the offense, surname, patronymic name, employee and a link to the law regulating the employer’s actions in such situations must be noted here.

Further, after the word “I order”, a corresponding order is entered to issue a reprimand and a person responsible for its execution is appointed (usually this is the immediate supervisor of the offender or the head of the personnel department - here you must indicate his position, last name, first name, patronymic). Below are links to the documents that became the basis for the order (, act, etc.).

Signatures of interested parties

Finally, the order must be certified by the signatures of all interested parties. officials, including the head of the company, the head of the structural department and the most guilty employee.

After the order is issued

A reprimand order can have a wide range of consequences. Most often, this is deprivation of a bonus or any other bonuses on the part of the employer (but this is possible only if the company uses a bonus system). Another option for the development of events if the employee does not draw conclusions from the current situation and continues to commit violations in his work is a repeated reprimand and further dismissal.

It is worth noting that the order to issue a reprimand is a priori valid for one year. But if the employer wants to remove it ahead of schedule, then he can do this at any time by issuing an appropriate order.

After the reprimand order is terminated, it is considered that the employee has no disciplinary action and is “clean” before the employer.