What is a disciplinary offence. Issuance of disciplinary sanctions

22.09.2019

A disciplinary offense can be committed by any employee in the enterprise. But the most important thing here is that his actions are recognized as unlawful. In addition to actions, there are also inactions when an employee of the company does not want to go to his workplace. But the result of a misconduct is the appointed punishment in the form of a certain type of penalty.

Signs and types of disciplinary offense

Any violation of discipline at work and the rules established at the enterprise must be associated with the obligatory presence of signs that will characterize the misconduct. These include:

The action (inaction) of the employee was found guilty. The form of a person's guilt, whether it be intent or negligence, will not play any role here.
A particular employee does not perform his job duties or performs them improperly.
All duties are assigned to the employee on the basis of current labor legislation. In addition, they are prescribed in the concluded employment contract, in regulatory legal acts of a local nature.

The presence of these characteristics is mandatory. If at least one of them is not reflected in the committed act, then it cannot be called a misdemeanor. Therefore, we cannot speak of any disciplinary responsibility. But on the part of the employer, slightly different measures of influence on the employee can be taken, which can include a negative attitude due to the constant violation of discipline in the workplace.

As such, the labor legislation does not have any types of discipline misconduct. Basically, there is an indication only of the types of sanctions that an employer can use. But it is worth paying attention that most of them can be gleaned from the grounds for terminating the contract. Article 81 of the Labor Code says about them:

Failure to fulfill the assigned duties on the basis of the concluded employment contract. This may be not going to work at all, absence from the place of work for a certain time. In addition, the intentions of the employee to refuse to continue performing their duties are distinguished here when labor standards have changed somewhat. In certain situations, in order to start work, it is necessary to pass a medical examination. Failure to do so will amount to a misdemeanor.
Absenteeism, that is, not being at the workplace for more than four hours. This should happen within one business day.
Being at the place of work in a state caused by the use of alcoholic beverages or drugs, their precursors.
In the event that an employee divulges a secret that became known to him as a result of his labor activity.
Immoral act.
Providing false documents or false information in advance when applying for a job.

It is worth remembering that it is the leader who decides on the imposition of punishment for this or that misconduct. He also chooses the amount of sanctions on his own. The most important thing is that the punishment is fully consistent with the committed act. Otherwise, the employee may decide to challenge it.

Some offenses are also reflected in local regulations. This may also apply to any specific case, event, upon the occurrence of which the employee will be considered guilty.

Types of penalties

Legislative acts provide for liability for those employees who have committed a disciplinary offense. These include:

Reprimands can be used for smaller offenses.
A reprimand as a disciplinary sanction is used less often, but has great consequences.
Dismissal only in exceptional cases.

Each of the penalties must be applied depending on the act that he committed. If the employee considers that too harsh penalties are applicable to him, then he has the right to apply to the judicial authorities.

It should be noted that a disciplinary offense in itself bears the weight of responsibility for the committed act. At the same time, it is customary to apply greater responsibility in the case when it is committed repeatedly. This already suggests that the previous punishment of the employee cannot be corrected in any way, a more severe one should be applied.

An employee may be deprived of bonuses, reduce wages. But this is not disciplinary action. They are called liability.

Accepted penalties may be applicable in case of gross violation of labor discipline, even if this is all done for the first time.

It is important to take into account the timing of liability. The penalty must be applied to the employee immediately after it is committed. But only a month is given for it to be applicable. Otherwise, the employee will be considered not held accountable.

The procedure for imposing a penalty

In order to comply with the procedure for imposing a disciplinary sanction, it is necessary to go through very significant and serious stages. Initially, it is important to document the misconduct committed by the employee. This is a prerequisite for subsequent prosecution. Fixation is carried out in the form of a report addressed to the head or draws up an act of misconduct. The last document is made by employees of the personnel department. After that, it is very important to get an explanation from the employee who committed the violation. For him, there is an arbitrary form, but it is necessarily written. For everything about everything, the employee has two days to somehow justify himself in the eyes of the employer. In case of refusal to give an explanation, everything must be recorded in an act, which is drawn up in the presence and signed by two witnesses.

If guilt is proven and there are no supporting documents (good reasons, disability, appearance in law enforcement agencies, etc.), then one of the types of penalty can be safely applied. But it is not always necessary to immediately dismiss a person, but it is best to give him a chance to correct himself. Radical measures, of course, will make other employees think, but in this way, you can soon be left without personnel at all.

According to article 193 of the country's labor code, each offense should carry only one punishment. Upon the application of influence on the employee, an order is issued. The employee must be familiarized with it within three days, which is confirmed by his signature. If he refuses to sign, it is also necessary to draw up an act.

Deadlines and early withdrawals

Regulatory legal acts clearly establish the time limits for which a person can be brought to disciplinary responsibility. Once an offense is identified, the manager has exactly one month to take any action against it. But besides this, there is a period equal to six months to identify this violation on the part of the employee. If we are talking about financial violations, then the period is slightly increased - up to two years. These periods may not include those days when the employee was not present at work.

After the penalty is applied, it is valid for a year. After this period, it is removed automatically and you can continue to work without any restrictions.

There is a possibility of taking the received penalty ahead of schedule. But there must be good reasons for this, and the leadership itself must meet your needs. The initiative should come only from management representatives or your immediate supervisor. In addition, the initiator of the removal of the penalty may be the labor collective, which will notice that the employee can work and tries to show himself.

If the worker himself takes the initiative, then he must prove himself not only in labor activity, but also in cultural and mass activities. There may be other various options in order to get rid of the imposed penalty before the expiration of one year.

A disciplinary offense in the final result must necessarily be held accountable. The latter is assigned in the form of penalties, which must fully correspond to the committed act. But here the manager needs to be very careful, since the incorrect application of measures to influence the employee can be appealed by the person himself.

Labor activity requires citizens to properly fulfill the duties assigned to them and comply with the established routine, rules of conduct, the violation of which is a disciplinary offense. This concept implies bringing the perpetrators to justice in the form of a disciplinary sanction.

At the same time, this measure is used by the employer at its discretion, that is, the legislation does not oblige it to apply any measures of influence against the employee who has committed a misconduct, but only gives him such a right (part 1 of article 22 of the Labor Code of the Russian Federation). Therefore, the decision to impose a penalty is made by him independently.

However, bringing an employee to disciplinary responsibility requires the management of the enterprise to comply with the procedure established by law. It provides for the mandatory demand for written explanations from the violator, as well as the conduct, if necessary, of an internal investigation.

The need to prove the guilt of the employee in the occurrence of negative consequences as a result of his intentional actions, failure to fulfill his official duties or through negligence rests with the employer. In the absence of sufficient grounds for bringing a person to disciplinary responsibility, a penalty cannot be imposed on the worker.

This also applies to situations where the onset of negative consequences or failure to fulfill his official duties occurred through no fault of this person. Disciplinary offenses also do not include offenses of a citizen that are not related to the performance of his official duties.

Labor legislation establishes two types of disciplinary responsibility: general and special. The first applies to all workers and can be applied to any worker if he commits violations of labor discipline. Penalties in this case are established by federal regulations, as well as local documents, which apply to all employees of the enterprise.

Special responsibility, in turn, extends to a separate category of workers and is fixed by the relevant industry regulations or local documents. It provides for the imposition of stricter sanctions on the perpetrators.

In general, in accordance with Article 192 of the Labor Code of the Russian Federation, the following types of disciplinary action may be applied to a delinquent employee:

Comment;
Rebuke;
Termination of an employment contract.

When drawing up documents, the management of the enterprise or an employee authorized by him must indicate the type of penalty applied in the wording specified in the Labor Code. Therefore, the clause on the termination of employment relations, as a measure of disciplinary responsibility, should contain the wording - "dismissal", otherwise the employee who received the penalty may appeal this decision.

Separately, it is necessary to mention misconduct, for the commission of which it is envisaged to bring to administrative or criminal liability. In this case, the imposition of a disciplinary sanction is possible only if the offense contains elements of a disciplinary offense. Otherwise, the imposition of a penalty by the management of the enterprise is impossible.

As for the combination of material and disciplinary liability, an employee can be brought to them at the same time, if such an opportunity is provided for in industry or local regulations.

Differences of a disciplinary offense from other types of violations

A disciplinary offense is a special type of misconduct that is associated with the implementation of a person's labor activity. Any work imposes certain duties on citizens and establishes rules of conduct. At the same time, these restrictions are fixed in federal, industry and local regulations.

Violation of the established rules, depending on its severity, can be qualified as a crime or a misdemeanor. Based on this, as well as the circumstances of the commission of the offense, the responsibility to which the citizen is involved is determined.

In the workplace, a person can commit both a crime and a misdemeanor. But not every one of them can be considered as a disciplinary offence. This group includes an action or inaction directly related to the performance by the worker of his official duties.

Another difference between disciplinary liability and its other types lies in the specifics of its imposition. Firstly, the imposition of a penalty is carried out by the head of the enterprise, and if the director is the guilty person, then the parent organization, if any. Secondly, bringing to this type of responsibility is not mandatory. That is, when a disciplinary offense is detected, the employer independently determines whether he will impose a penalty on the employee or not.

Despite the fact that a worker can commit a crime and a misdemeanor at the workplace, the employer does not have the right to bring him, for example, to administrative responsibility. Depending on the type of offense committed and its severity, the imposition of an appropriate measure of influence is carried out by an authorized person or organization.

The head of the company, for its part, can punish an employee only for an offense directly related to the performance of his official duties. On the other hand, a worker cannot be held liable for similar violations by other persons or bodies.

To impose a penalty on the employer, it is necessary to carry out a number of mandatory actions:

Request written explanations from the guilty person, and in case of refusal to provide them, draw up an appropriate act signed by at least two witnesses.
Collect evidence confirming the guilt of the specified person in the onset of negative consequences.
If necessary, conduct a full internal investigation.
Issue an order to impose a disciplinary sanction on the guilty employee and hand it over to the employee against signature.

When determining the measure of influence on the employee, it is necessary to take into account the severity of the offense committed, as well as the degree of his guilt. For example, such a type of penalty as dismissal can only be applied to an employee who has committed a misconduct that is incompatible with the further continuation of work in this position.

In some situations, the classification of an offense may be difficult due to the rather vague wording contained in the norms of the current legislation. In such cases, the employer often has to apply to the authorized bodies and wait a long time for a response from them on initiating or refusing to initiate proceedings against the guilty person. Only after this the management of the enterprise has the right to impose a disciplinary sanction on the worker.

At the same time, it is necessary to take into account the terms of bringing to responsibility, after the expiration of which, it will no longer be possible to punish the guilty person. In the general procedure, the imposition of a disciplinary sanction is possible within a month after the discovery of the offense, with the exception of the waiting time for a response from the authorized bodies. But at the same time, the guilty person can be held accountable no later than 6 months from the date of the offense committed by him.

Number of penalties for one disciplinary offense

In accordance with part 5 of article 193 of the Labor Code of the Russian Federation, only one measure of influence can be imposed on the guilty person for committing a disciplinary offense. Thus, the employer can choose only one sanction as punishment for the offense committed by the worker. And if he chose one measure of influence when making a decision, then he will not be able to change it later.

If an employer, for example, wants to fire an employee, but the severity of his misconduct does not allow him to impose this type of penalty on him, then he will have to limit himself to reprimanding. But when another misconduct is committed by these employees before the penalty is lifted, the employer has the right, in accordance with paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation to terminate labor relations with him.

According to the norms of the current legislation, the period of validity of a reprimand announced to an employee is one year. At the end of this time, the disciplinary sanction is removed automatically. If the employer, for whatever reason, wants to remove the reprimand from the employee ahead of schedule, then he has such a right. To do this, he will need to issue an appropriate order and make an entry in the employee's personal file.

At the same time, if the manager chose the termination of labor relations as a measure of influence, then later he will not be able to cancel his decision or change it. The reinstatement of an employee at work can be carried out only by decision of the authorized bodies. The employer has the right to take the employee back after dismissal, but he will no longer be charged.

With regard to bringing to material responsibility, it can be applied both separately and together with disciplinary. At the same time, it is important to remember that the grounds for these types of liability are different, and in order to impose an appropriate penalty, it is necessary to establish the existence of the necessary circumstances and follow the procedure established by law.

Signs of a disciplinary offense

When considering the issue of imposing a disciplinary sanction on an employee, management first of all needs to evaluate the actions of the employee, determine whether there are grounds for holding him accountable. Signs of a disciplinary offense are:

The presence of a fact of violation of established labor rules or improper performance by an employee of his work, expressed in the form of intentional actions or criminal inaction.
The official duties that the employee was supposed to perform are imposed on him by the current legislation, the employment contract or local regulations of the enterprise.
A direct link must be established between the actions of the employee and the violation of established rules or the resulting negative consequences. At the same time, the presence of criminal intent on the part of the employee is not mandatory.

The employer is obliged to establish the presence of all these signs before making a final decision and bringing the employee to disciplinary responsibility. At the same time, it should be taken into account that the actions of an employee, for which he can be held liable, may not entail negative consequences. If he committed a violation of the established rules, for example, was late for work, but this did not entail any negative consequences, the employer has the right to impose a disciplinary sanction on him.

Types of disciplinary offenses

The current labor legislation does not contain an exhaustive list of misconduct of citizens for which they can be subject to disciplinary liability. At the same time, Article 81 of the Labor Code of the Russian Federation indicates offenses that entail the termination of labor relations. Among them are such disciplinary offenses, examples:

Absenteeism;
Refusal to perform the duties assigned to the employee;
Work in a state of toxic, alcoholic or other type of intoxication;
Refusal to undergo medical examination. examinations or prof. training, if such is provided for the position held by the citizen;
Disclosure of data protected by law as a commercial, state or other secret;
Theft in the performance of official duties (in this case, damage can be caused to both the employer and other employees of the enterprise);
Providing deliberately false information (forged documents) when applying for a job.

However, even in relation to these offenses, the employer may appoint a different measure of influence, and not dismissal, since it is he who decides to bring the employee to disciplinary responsibility.

Plan
1. The concept of disciplinary offense 4
2.Elements of a disciplinary offense 6
3. Composition of a disciplinary offense 8
4. Classification of disciplinary offenses 10
5. Types of disciplinary sanctions 11
References 14

1. The concept of disciplinary offense

Disciplinary liability of employees occurs for violation of labor discipline, i.e. non-performance or improper performance due to the fault of the employee of the labor duties assigned to him. Such an offense that does not entail criminal liability is called a disciplinary offense (part 1 of article 192 of the Labor Code). For the first time in legislation, a legal concept of a disciplinary offense is given, which, in turn, is a necessary condition for qualifying a specific act as a disciplinary offense and distinguishing it from crimes and administrative offenses.

A disciplinary offense is distinguished by an unlawful nature, that is, such behavior of an employee that violates the current legislation, other regulatory acts on labor.

The unlawful nature is manifested in the violation of labor duties imposed on the employee by an employment contract, a collective agreement, internal labor regulations, job descriptions, etc., and is not limited to the performance of a labor function. An example of unlawful behavior of employees can be absenteeism, being late, appearing at work in a state of alcoholic or other intoxication, failure to comply with labor standards, participation in an illegal strike. Since the subject of the employment contract is only the labor obligations of the employee, and not his obligations in general (i.e., regardless of the subject of the employment relationship), therefore, actions that, although they are adjacent to the employment relationship, do not follow from its content, do not constitute a disciplinary offense, for example Refusal to attend refresher courses. This does not apply to cases where training is a necessary condition for the performance of the employee's labor function.

Refusal or evasion of a medical examination without good reason for those categories of workers for whom such an examination is a necessary condition for admission to work should also be considered as a violation of labor discipline. The refusal of an employee without good reason to perform labor duties in connection with a change in the established procedure for working conditions (for example, production standards, service standards) is a disciplinary offense.

The refusal of an employee to conclude an agreement on full liability may be considered as a failure to perform labor duties if the fulfillment of duties for the maintenance of material assets constitutes for the employee his main labor function, which is agreed upon when hiring, and in accordance with applicable law, he must be signed an agreement on full liability. Non-fulfillment by an employee of the requirements of the employer is a violation of labor discipline only in cases where such requirements were legal. So, for example, it is impossible to bring to disciplinary liability an employee who refused to comply with the employer's requirement to return to work before the end of the vacation, or an employee with a child under the age of three who refused to go on a business trip. It cannot be considered as a violation of labor discipline and suspension of work in accordance with Art. 142 of the Labor Code in case of non-payment of wages to the employee.

2. Elements of a disciplinary offense

The commission of a disciplinary offense is a legally significant circumstance when bringing an employee to disciplinary responsibility. In this connection, it should be recognized that the concept of "disciplinary offense" is legal. This concept also breaks down into legally significant circumstances, the proof of which allows us to conclude that an employee has committed a disciplinary offense.

From the definition of a disciplinary offense it follows that it is characterized by the presence of the following elements:

Wrongfulness;

Guilt;

Failure to perform or improper performance of labor duties;

The presence of a causal relationship between the illegal actions (inaction) of the employee and the ensuing consequences.

Deeds (actions or omissions) of an employee who violates specific labor duties provided for by relevant legal acts (for example, regulations, job descriptions, internal labor regulations, charters, employment contract, etc.) are recognized as illegal.

The second mandatory element of a disciplinary offense is the employee's guilt in committing an unlawful act, which can be expressed in the form of intent or negligence. If the employee's failure to perform (or improper performance) of his labor duties occurred through no fault of his, there is no reason to consider such behavior as a disciplinary offense. For example, being late for work due to an accident on public transport cannot be regarded as a disciplinary offense, because. no fault of the employee. In the same manner, it is necessary to consider the failure of an employee to fulfill his labor duties for reasons beyond his control due to insufficient qualifications or ability to work (disability), lack of proper working conditions, etc.

A disciplinary offense does not include illegal actions of an employee that are not related to labor duties. However, it should be borne in mind that some officials (for example, prosecutors, investigators, lawyers, civil servants) bear disciplinary responsibility for misconduct that is not a violation of their job duties. This is allowed only in cases provided for by law.

Failure to perform or improper performance of labor duties is expressed in the non-performance (or improper performance) by the employee of precisely the labor duties defined for him by an employment contract or arising from the norms of labor legislation. It will not be a violation of labor discipline for an employee to refuse to perform work not stipulated by an employment contract (for example, an employee-engineer refuses to perform the work of a locksmith, etc.).

The last mandatory element of a disciplinary offense is the presence of a direct causal relationship between the illegal actions (inaction) of the employee and the consequences that have occurred (for example, the occurrence of material damage to the employer or theft of the employer's property).

The absence of at least one of these elements does not constitute a disciplinary offense, and the employee cannot be held disciplinary liable.

3. Composition of a disciplinary offense

Evidence that an employee has committed a disciplinary offense does not always lead to the employer's right to apply a disciplinary measure to him. To apply a measure of disciplinary liability, the composition of a disciplinary offense must be proven. This composition includes: subject, object, subjective side and objective side.

The subject is an individual who has entered into an employment relationship and has reached a certain age. In Art. 63 of the Labor Code of the Russian Federation, the minimum age from which employment is allowed is set at 14 years. Therefore, persons who entered into labor relations before this age cannot be recognized as the subject of disciplinary liability. As a general rule, legal representatives (parents, guardians) are held liable for their actions. However, they are not in an employment relationship with the employer. Whereas disciplinary measures can be applied to persons who have concluded an employment contract. In this connection, for a disciplinary offense committed by an employee under the age of 14, disciplinary liability cannot arise. As a result, these persons cannot be recognized not only as subjects of disciplinary liability, but also of labor law.

The subjective side is the mental attitude of the employee to illegal action (inaction). Guilt in any of its forms can only be proven in relation to an employee who is able to give an account of his actions and manage them. In this connection, an employee who is recognized by the court as incompetent cannot commit guilty acts, and, consequently, become the subject of disciplinary liability.

Object - a specific provision of the internal labor regulations or specific labor duties that are not performed by the employee or performed improperly by him. The absence of a specific violation of the rules of labor activity also does not allow legally bringing the employee to disciplinary responsibility.

The objective side is the occurrence of adverse consequences for the employer, which are in a causal relationship with the guilty and unlawful actions (inaction) committed by the employee.

The evidence of the considered legally significant circumstances, as well as the presence of the listed elements of the composition of the disciplinary offense, which are largely related to these circumstances, and allows you to legally resolve the issue of bringing the employee to disciplinary liability.

4. Classification of disciplinary offenses

Disciplinary offenses can be classified into types on various grounds:

Depending on the object that became the subject of the violation. In particular, an employee may commit violations of safety regulations, internal labor regulations of the organization, work and rest regime, etc.

Depending on which employee made them, that is, according to the subjective criterion. A disciplinary offense can be committed by a worker, an employee, a minor employee. This classification also has legal significance, since there is a special procedure for bringing minors to disciplinary liability.

According to the legal consequences that may occur for the employee who allowed their commission. In this case, it is possible to distinguish misconduct, which may be followed as a measure of disciplinary action by dismissal, and other disciplinary offenses punishable by other measures of disciplinary responsibility.

Depending on what consequences for the employer they entailed. This classification is also of legal importance to justify the disciplinary measure applied to the employee.

Depending on the form of guilt of the employee who committed them. In particular, they can be committed intentionally or by negligence. This classification may also be important when applying a disciplinary measure to an employee.

5. Types of disciplinary sanctions

Unlike a crime, a disciplinary offense is not characterized by a public danger, but is a socially harmful act. As a consequence, it entails the application of disciplinary measures.

Article 192 of the Labor Code of the Russian Federation provides for the following types of disciplinary sanctions:

Comment;

Rebuke;

Dismissal for appropriate reasons.

At the same time, it is indicated that federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline, that is, local regulations.

All disciplinary measures are imposed by the employer.

The most severe, extreme measure of disciplinary action is dismissal. It is possible in the following cases:

1) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;

2) a single gross violation of labor duties by an employee, namely:

absenteeism (absence from work without good reason for more than four consecutive hours during the working day);

Appearing at work in a state of alcoholic, narcotic or other toxic intoxication;

Disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties;

Commitment at the place of work of theft (including small) of another's property, embezzlement, its deliberate destruction or damage;

Establishment by the labor protection commission or the labor protection commissioner of a violation by the employee of labor protection requirements, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences.

In addition, dismissal is possible when guilty actions that give grounds for loss of confidence and an immoral offense, respectively, are committed by the employee at the place of work and in connection with the performance of his job duties.

Separate grounds for dismissal at the initiative of the employer are provided for the heads of the organization, his deputies and the chief accountant (clauses 9 and 10 of article 81 of the Labor Code of the Russian Federation):

Making an unreasonable decision that entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

Single gross violation of labor duties.

The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, the head of the structural unit, their deputies of labor legislation and other acts containing labor law norms, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.

In the event that the fact of a violation is confirmed, the employer must apply a disciplinary sanction up to and including dismissal to the head of the organization, the head of the structural unit, their deputies.

Bibliography

Zheltov O.B. Labor law in Russia: a course of lectures. - M.: EKSMO, 2011.
Kiselev I.Ya. Labor law: textbook. - M.: Eksmo, 201.
Nevskaya M.A., Shalagina M.A. Labor law: textbook. - M.: Omega-L, 2012.
Labor law of the Russian Federation. - Rostov-on-Don: Phoenix, 2012
Shchur D.L., Trukhanovich L.V. Labor discipline and work schedule. Legal regulation. Practical guide. - M.: Business and service, 2011.

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Disciplinary offense- one of the concepts that labor law operates on. What is meant by this definition, how it differs from other offenses and how an employer can react to it, you will learn from our article.

How is a disciplinary offense different from other types of violations?

If there are rules, then, accordingly, there may be those who violate them. The norms and rules established in society are divided into groups, which are regulated by separate legal institutions. Depending on which branch of the law the committed offense belongs to, it can be classified either as a crime or as a misdemeanor. In this case, the offense can be administrative, disciplinary or civil law.

An employee, while at his workplace, may well commit any of the above offenses. However, a disciplinary offense has one characteristic feature only for him: he, unlike others, is firmly connected with the performance of labor duties.

What is the responsibility of the employer of the employee for the commission of the violation?

An employee who has committed a violation of the norms of the law or the rules of labor discipline, depending on the severity of the deed, may be held liable for various types of liability. Accordingly, different persons/organizations have the right to be held liable.

Thus, an employee can be brought to criminal responsibility only by a court decision, to administrative - by a decision of authorized bodies or their officials. Only the employer has the right to punish for a disciplinary offense.

This happens by issuing an appropriate order approved by the head of the organization (or the head of the unit, if such powers are vested in him by a local act), and familiarizing the violator with it. At the same time, the employer, even before punishing the employee for a disciplinary offense, must demand a written explanation from the person who committed it in order to decide on the imposition of punishment and the choice of specific sanctions, taking into account all the circumstances.

True, in some cases it is problematic to correctly qualify a misconduct committed by an employee. If we take, for example, the division of criminal and administrative responsibility, then in the Code of Administrative Offenses of the Russian Federation the legislator often uses the wording "if such an action does not contain a criminally punishable act."

The boundary between administrative and disciplinary offenses or the crime of an official is somewhat blurred. As a result, the employer sometimes has to wait until the competent authorities refuse to initiate a criminal case and an administrative offense case on the basis of the absence of signs of their commission, and only after that independently bring the employee to disciplinary responsibility.

How many sanctions can be applied for each disciplinary offense?

There is an immutable rule in the Labor Code of the Russian Federation, enshrined in Part 5 of Art. 193, which states that only one penalty can be imposed for one disciplinary offense. That is, it is impossible, for example, to reprimand an employee and dismiss him under Art. 81 of the Labor Code of the Russian Federation. The employer will have to wait until the employee commits the next disciplinary offense - only he can serve as a basis for dismissal in this case.

And it does not matter whether the misconduct is such that in itself it can serve as a reason for dismissal, and whether there is a mandatory condition in the law about the repetition of the violation. If instead of dismissal, the employer initially chose a reprimand, then so be it. The term for bringing to disciplinary liability is limited to 6 months from the date of its commission and 1 month from the date of its discovery.

However, in life, situations often occur when an employee’s violation of labor duties also causes damage to the employer. For example, Ivanov, being in a state of intoxication, did not follow the line, as a result of which defective parts were stamped. And what should an employer do about this?

For such cases, it is provided for the employee to be held liable, under which the employee fully or partially compensates for the damage caused to him. At the same time, it is important to distinguish between material and disciplinary liability, since these are different concepts and they have different reasons for their occurrence. Thus, if a disciplinary offense served as the basis for the occurrence of damage, the employee can be punished both disciplinary and financially (that is, according to separate procedures).

Signs of a disciplinary offense

In order to be able to talk about the fact of committing a disciplinary offense, the violation must have the following features:

Violation is expressed in non-performance (or improper performance) of labor duties by a specific employee.
Obligations that have been violated are imposed on the employee within the framework of labor legislation, an employment contract or other local acts of the organization.
The violation is recognized as a guilty act (or omission). The form of guilt does not matter.

Moreover, all these signs must be present necessarily. That is, the absence of even one of them deprives the employer of the opportunity to talk about a disciplinary offense and hold the employee accountable for this type of violation. However, it is important to remember that there is no such sign as negative consequences for the employer in the above list. In other words, the manager can reprimand the employee for being absent from the workplace, even if this did not affect the production process in any way.

Types of disciplinary offenses

There is no special part in the Labor Code of the Russian Federation where possible disciplinary offenses and specific punishments for them would be described. In Art. 192 of the Labor Code of the Russian Federation, which defines a disciplinary offense, lists only types of sanctions.

At the same time, the most serious types of violations are mentioned in the text of the Labor Code of the Russian Federation even as possible grounds for dismissal. According to Art. 81 of the Labor Code of the Russian Federation, such are recognized:

Non-fulfillment of labor duties by an employee, expressed as:

in the absence of an employee at the workplace;
refusal to continue work after a change in labor standards;
evading medical examination or training when this is a prerequisite for admission to work.

Absenteeism.

Drunk at work.

Disclosure of a secret that became known as part of the performance of labor duties.

Committing an immoral act.

Submission of false documents when applying for a job.

However, even for these disciplinary offenses, other types of penalties may be assigned if the manager so decides. After all, it is he who is authorized to determine sanctions for committing a disciplinary offense - while his choice must be motivated, because otherwise the employee will be able to challenge it.

Other examples of disciplinary offenses are scattered throughout the text of the Labor Code of the Russian Federation, but may well be specified in the local acts of the organization.

Conclusion

So what have we found out?

A disciplinary offense occurs only within the framework of labor relations.
For violation of the rules and regulations, the employee is held accountable by the head. However, if the act contains signs of an administrative offense or crime, punishment for it may also be imposed by a court or other competent authority (but already within the framework of administrative or criminal liability).
In addition to the penalty, the employer can apply monetary sanctions to the violator working for him - of course, if there are grounds for bringing him to liability.

The composition of the disciplinary offense includes the subjective side, that is, the mental attitude of the employee to the illegal action (inaction). Guilt in any of its forms can only be proven in relation to an employee who is able to give an account of his actions and manage them. In this connection, an employee who is recognized by the court as incompetent cannot commit guilty acts, and, consequently, become the subject of disciplinary liability.

The composition of a disciplinary offense includes an object, that is, a specific provision of the internal labor regulations or specific labor duties that are not performed by the employee or performed improperly by him. The absence of a specific violation of the rules of labor activity also does not allow legally bringing the employee to disciplinary responsibility.

The composition of the disciplinary offense also includes the objective side, which consists in the occurrence of adverse consequences for the employer, which are in a causal relationship with the guilty and unlawful actions (inaction) committed by the employee.

1.4 Classification of disciplinary offenses

Disciplinary offenses can be classified into types on various grounds. For example, they can be divided into types depending on the object that has become the subject of the violation. In particular, an employee may commit violations of safety regulations, internal labor regulations of the organization, work and rest regime, etc.

Disciplinary offenses can be classified depending on which employee committed them, that is, according to the subjective criterion. A disciplinary offense can be committed by a worker, an employee, a minor employee. This classification also has legal significance, since there is a special procedure for bringing minors to disciplinary responsibility.

Disciplinary offenses can be classified according to the legal consequences that may occur for the employee who committed them. In this case, it is possible to distinguish misconduct, which may be followed as a measure of disciplinary action by dismissal, and other disciplinary offenses punishable by other measures of disciplinary responsibility.

Disciplinary offenses can be classified depending on what consequences they entailed for the employer. This classification is also of legal importance to justify the disciplinary measure applied to the employee.

Disciplinary offenses can be classified depending on the form of guilt of the employee who committed them. In particular, they can be committed intentionally or by negligence. This classification may also be important when applying a disciplinary measure to an employee.

2. General disciplinary sanctions: concept, types, procedure for imposition and removal. Special disciplinary liability for certain categories of employees

2.1 Types of disciplinary sanctions

Unlike a crime, a disciplinary offense is not characterized by a public danger, but is a socially harmful act. As a consequence, it entails the application of disciplinary measures.

Article 192 of the Labor Code of the Russian Federation provides for the following types of disciplinary sanctions:

- remark;

- reprimand;

- dismissal on the appropriate grounds.

All disciplinary measures are imposed by the employer.

The most severe, extreme measure of disciplinary action is dismissal. It is possible in the following cases:

1) repeated non-fulfillment by an employee without good reason of labor duties, if he has a disciplinary sanction (clause 5, article 81 of the Labor Code of the Russian Federation);

2) a single gross violation of labor duties by an employee (clauses 6, 9 and 10 of article 81, clause 1 of article 336 and article 348.11 of the Labor Code of the Russian Federation), namely:

absenteeism (absence from work without good reason for more than four consecutive hours during the working day);

- appearing at work in a state of alcoholic, narcotic or other toxic intoxication;

- disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties;

- committing at the place of work theft (including small) of another's property, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, official, body authorized to consider cases of administrative offenses;

- Establishment by the labor protection commission or the labor protection commissioner of a violation by the employee of labor protection requirements, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences.

In addition, dismissal is possible under paragraphs 7 and 8 of part 1 of Art. 81 of the Labor Code of the Russian Federation in cases where the guilty actions that give rise to the loss of confidence, and an immoral offense, respectively, are committed by the employee at the place of work and in connection with the performance of his labor duties.

- making an unreasonable decision that entailed a violation of the safety of property, its misuse or other damage to the property of the organization;

- a single gross violation of labor duties.

2.2 The procedure for applying disciplinary sanctions

The procedure for bringing to disciplinary responsibility is regulated by Art. 193 of the Labor Code of the Russian Federation. On the basis of labor legislation, the following stages of disciplinary proceedings can be distinguished.

The employer interrogates witnesses and gets acquainted with the proposal to bring the employee to disciplinary liability, received from a person who does not have the right to impose disciplinary measures. The employer must demand from the employee who allegedly committed a disciplinary offense a written explanation. If, after two working days, the specified explanation is not provided by the employee, then an act of refusal to give written explanations is drawn up. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

When imposing a disciplinary sanction, the following circumstances must be clarified:

- what was the offense and whether it can be the basis for imposing a disciplinary sanction;

- whether the offense was committed without good reason;

- whether the performance of actions that the employee did not perform (performed improperly) was included in the scope of his duties and what document provides for these duties;

- whether the employee is familiar with the local act, which provides for the relevant duties, against signature;

- whether the disciplinary measures applied to the employee are provided for by law or regulation or charter on discipline;

- whether the terms and procedure for imposing a disciplinary sanction have been observed;

- whether the official imposed a penalty. A disciplinary sanction can only be imposed by a leader. Other persons may impose a penalty only on the basis of documents where such powers are specifically prescribed.

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account. The following rules must be observed:

- a disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees. The day when the misconduct was discovered is the day when the immediate supervisor became aware of the misconduct, regardless of whether he had the right to apply disciplinary measures;

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