Every employee who has spent at least a few days of his life at work or for the benefit of the company is familiar with the concept of labor discipline. Each employee is obliged to remember the rules and try to comply with them as much as possible. An additional motivation for following the basic rules is bringing to disciplinary liability. It may entail penalties, no bonuses, and even layoffs.

Types of penalties for violations of order at the enterprise

Legal liability also includes disciplinary violations that occur in the event of a violation of order. This is expressed in the imposition of a fine on the employee who committed the offense. The employer has the right to impose penalties, and legally.

In this case, misconduct is the failure to perform basic duties in the workplace. There are at least 3 types of penalties for this:

• the manager can make a remark;
• a more severe punishment is a reprimand;
• The most severe punishment for an employee is dismissal from the company.

The main reasons for imposing penalties on personnel

Making mistakes or misconduct is the main reason for punishment. There is no approved list of errors of this kind in the legislative framework. But there is a list of reasons for laying off workers in order to punish for failure to comply with the order. Misdemeanors may include:

• absolute failure to fulfill, or illiterate performance of basic duties at work, or ignoring the instructions of the director, non-compliance with rules, violation of established work methods;
• inconsistency with the work schedule. This means that the employee is regularly late for work, thereby violating the work schedule.
• showing up to work drunk;
• theft of company property, as well as its damage.

When taking such actions, remember that this may be the main reason for your dismissal from your job.

Common reasons for foreclosures

There are at least two main reasons why employees will lose part of their wages or be fired altogether.

1. Late to work. In order to determine how long a person was late for work, it is necessary to determine what time he should have been in his place. Specific working hours must be recorded in the work schedule. If the employee was not warned about this under his signature, then in no way can he be held accountable.
2. Inconsistency with the dress code. People have been discussing this problem for a long time, especially the managers of large companies, so for non-compliance with the company’s dress code, an employee can expect a serious fine or reprimand.

Download the form for reporting an employee being late for work.

Using foul language at work is not a reason for dismissal, regardless of who the disrespectful tone or phrase was directed at.

In general, it is very rare that people are fired from work due to a disciplinary violation; most often this only ends with a fine or reprimand. But, if the manager still decides to fire you due to a minimal violation of the rules, immediately turn to the court for help.

Types of liability

It is worth highlighting special and general responsibility. The second option applies to employees who have entered into an employment contract with the organization. Special responsibility is established for certain categories of personnel working in certain sectors of the economy.

The first type is due to the specifics of the work performed by the personnel, as well as the particularly severe consequences resulting from failure to fulfill duties at work. In accordance with the law, for making a mistake at work intentionally, the employer has the right not only to warn about the inadequacy of the position, but also to release from work at this place.

Features of administrative responsibility

This type differs from disciplinary in the type of penalties applied. It is worth noting that this type of penalty cannot be applied for non-compliance with standards and requirements. In this case, it does not matter at all where the offense was committed - on the territory of the enterprise where the citizen works or in any other place.

Attention! Before penalties are applied, the employer must require an explanation from the employee for inappropriate behavior. If the employee does not provide the paper within 2 days, the manager must draw up a report.

Based on this, the company owner has the opportunity to approve the collection. After that, it must be presented to the employee so that he signs - this must be done within 3 days. If the citizen refuses to do this, then the following act will need to be drawn up.

Period of application of penalty

The owner of the organization is able to apply punishment within 30 days from the moment the violation is discovered. Remember that punishment can be applied no later than half a year after the offense.

Attention! The penalty can be imposed not only on the employee. There is a special procedure and grounds for holding a manager accountable. This also applies to his deputies and assistants.

Is it possible to remove penalties from staff?

In accordance with the law, it will be removed after 12 months from the date of its application. But this only applies to those situations where there have been no violations during the last year. But the employer is able to do this earlier than in one year. To do this, the employee will need to independently talk to the director of the company. If a person for certain reasons does not want to do this, the manager can ask for him. Like imposition, removal is possible only after the corresponding order is issued.

Holding someone accountable is not a reasonable or legal action in all situations. If you are sure that you have been subjected to illegal actions, immediately go to the occupational safety service.

How to defend your own rights?

To complain about the unlawful actions of your own manager, you must create a complaint in writing. It can be drawn up independently in any form, in it you will need to indicate all the circumstances, as well as indicate all unlawful actions applied specifically to you.

If you work in a large organization, we recommend holding a meeting to resolve labor disputes. But if such a meeting is initiated, it is necessary to notify the manager about it. After which a meeting should take place within a few days. This option of clarifying relations with management is possible, but if 3 months have not passed since being held accountable. These are the deadlines that were established in the legislative framework by government authorities.

If you are not satisfied with the decision of the commission, you can file a lawsuit. An appeal to this body is also considered relevant if the meeting was not convened and the management did not react to it in any way.

Lawyer Elena Ponomareva talks about disciplinary sanctions

The conditions for bringing to disciplinary liability can be identified based on the signs of a disciplinary offense, therefore bringing to disciplinary liability is allowed if there is:

a) harm caused to labor discipline;

b) illegality;

d) a cause-and-effect relationship between unlawful behavior and harm caused to labor discipline.

The harm caused cannot always be expressed in the presence of material damage. The harm is caused to the very order in the organization, i.e., labor discipline, and may consist in the emergence of negative motivation among other employees.

Unlawfulness lies in the fact that the employee, as a result of his action or inaction, did not fulfill his job duties or violated the internal labor regulations.

Guilt is expressed in the mental attitude of the labor discipline violator towards his illegal behavior. Guilt can be expressed in the form of either direct or indirect intent, or in the form of negligence. The form of guilt affects the type of disciplinary action that is imposed on the employee. If the offense is careless, a reprimand may be issued. If there is direct intent, the employee can be fired immediately, for example, for absenteeism.

Causation shows whether the work discipline would have been harmed if the employee had acted differently. The presence of illegality in the employee’s actions is justified by the employer. The order to impose disciplinary liability should indicate what exactly the illegality is, i.e. what legal norms were violated.

An employee’s refusal to transfer to another job, an employee’s refusal to interrupt another vacation and go to work, or refusal of an employer’s unlawful demands is not a violation of labor discipline. Ignorance by an employee of his job duties and s exempts him from responsibility. If an employee’s job description changes during the period of his work, then he must be familiarized with these changes against signature.

The grounds for exemption from disciplinary liability are:

1. Force majeure - for example, an employee was late for work due to large snow drifts on the road or flooding.

2. The presence of extreme necessity or necessary defense - for example, an employee did not show up for work due to the fact that he provided assistance to a citizen injured in a traffic accident, and thereby prevented the death of the victim.

3. In the absence of one of the conditions for bringing to disciplinary liability (for example, illegality), an employee cannot be brought to disciplinary liability for failure to fulfill an obligation not provided for by his employment contract.

4. Failure by the employer to fulfill obligations to create proper working conditions for employees.

The employer does not have the right to change the procedure for bringing to responsibility provided for in Art. 193 of the Labor Code of the Russian Federation, but it can be specified and clarified in the internal labor regulations.

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

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

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

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time of absence

employee at work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then draw up a corresponding act.

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

The day the misconduct was discovered is determined directly from the manager’s report or from the testimony of witnesses.

The day the offense was committed is determined by documents, such as time sheets and witness statements.

A disciplinary sanction is considered lawfully imposed if all the conditions for bringing to responsibility and the procedure for bringing to responsibility have been met.

As a general rule, a disciplinary sanction is valid for 12 months from the date of its imposition. If the employee committed a new disciplinary offense and was brought to disciplinary liability, then the period of validity of the first penalty is extended until the end of the second disciplinary penalty.

The penalty can be lifted automatically or by order of the employer. The penalty is lifted automatically upon dismissal of the employee and upon expiration of the penalty period. Automatic withdrawal does not require the issuance of an order or instruction in this regard.

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

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 of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.

If the fact of violation is confirmed, the employer is obliged to apply disciplinary action to the head of the organization, the head of the structural unit of the organization, and their deputies, up to and including dismissal.

Disciplinary sanctions in the form of reprimands and reprimands are not recorded in the work record book. The procedure for appealing disciplinary sanctions is general. That is, if an employee is reprimanded or reprimanded, then the pre-trial procedure for resolving the dispute must be followed: if the organization has a labor dispute commission, the dispute will be considered by this commission.

If the CCC is not created, or does not consider the application within 10 days, or makes a decision with which the employee does not agree, then the employee can appeal the penalty in court. If a disciplinary sanction in the form of dismissal is imposed, the employee has the right to immediately go to court.

Before reprimanding, making a reprimand or registering dismissal “under the article”, make sure that the period for bringing disciplinary action has not yet expired!

From the article you will learn:

All employees of an enterprise who have entered into an employment contract with it must comply with the rules of conduct in the workplace established by the employer. The law allows violators to be held accountable.

Download documents on the topic:

In this case, a violation is considered to be failure to perform or improper performance by an employee of the duties assigned to him. In addition, violation of the work regime established , ignoring the instructions of the manager, going to work while intoxicated, and deliberately damaging the organization’s property are also regarded as guilty actions. Violations that violate the order adopted in the organization and established by local documents are grounds for bringing the perpetrators to disciplinary liability, including their .

Read more about bringing to disciplinary liability in the following articles:

The list of offenses, the degree of responsibility provided for them, as well as the procedure for imposing penalties may be specified, for example, in the Regulations on the procedure for applying disciplinary sanctions.

Each newly hired employee must familiarize himself with these local regulations before he signs the document. . This is necessary so that each employee clearly understands what constitutes a violation and is aware of the full extent of his responsibility. Moreover, it is rude is fraught with dismissal. A sample of the Regulations on the procedure for applying disciplinary sanctions is presented below.

Download in.doc

Download in.doc

An employee who ignores the internal rules of the organization is considered lawful only if three conditions are simultaneously met:

the fact of a disciplinary offense has been identified and proven;

no penalties were previously applied to the employee for this offense;

The statute of limitations for bringing disciplinary action has not expired.

The last condition is violated more often than others in practice. Before telling the offending employee or, even more serious, to initiate a dismissal procedure due to absenteeism or other gross violation of labor discipline, make sure that the decision made does not contradict legal norms.

Important: application of disciplinary sanctions- a right, not an obligation of the employer. The Labor Code of the Russian Federation does not necessarily require imposing penalties on the guilty employee if the organization’s management does not plan to hold him accountable.

Statute of limitations for bringing disciplinary action

The statute of limitations for bringing to disciplinary liability in 2017 is strictly limited by the provisions of Parts 3 and 4 of Article 193 of the Labor Code of the Russian Federation. Apply any type of penalties for violation of internal labor regulations, and other local regulations is possible after one month from the date of discovery of the offense, but no later than six months after this fact became known.

According to slightly different rules, disciplinary action is taken for misconduct identified during a scheduled or unscheduled audit, or financial and economic activities of the enterprise, other audit activities. The period for bringing to disciplinary liability an employee who has violated discipline is increased to two years.

Both the six-month and two-year periods do not include periods of vacation or the guilty employee. The time spent requesting the opinion of a trade union or other representative body of workers is not taken into account. If dismissal is chosen as a disciplinary measure, taking into account the opinion of the trade union becomes a mandatory stage of the procedure (Articles 82 and 373 of the Labor Code of the Russian Federation).

Important: all types of leave provided in accordance with the law - educational, , additional, without pay - belong to the category of leaves that interrupt the flow of the month allotted for bringing to disciplinary liability (clause 34 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004).

It is impossible to bring an employee to disciplinary liability if more than six months have passed since the commission of the offense. In other words, if an employee violated discipline a year ago, he cannot be punished for this - even if the fact of violation was discovered and recorded relatively recently.

Disciplinary action based on the results of the inspection

The starting point is the moment the offense was committed, and not the moment when the offense was discovered. Time of proceedings in a criminal case initiated in connection with , in this case the calculation is not accepted. In practice, problems usually do not arise with determining the exact date from which the period for bringing disciplinary action begins.

In this case, in order to comply with the statute of limitations for bringing disciplinary liability, the employer must in writing indicating the date of the request. If you refuse to provide explanations, you must draw up an appropriate act indicating the facts identified. In this case, the statute of limitations for the violation can begin to count from the date of the explanatory statement submitted by the employee, or from the date on which the act of refusal to provide an explanation will be issued.

Most often, an employee’s misconduct is discovered not based on the results of an internal audit, but during carried out by the control and supervisory authority. An external audit of an enterprise can be carried out by a variety of organizations - private audit agencies, government agencies, and so on.

But in any case, based on the results of the audit, a or other document. The date the employer receives such a document will be considered the day the misconduct was discovered. Therefore, it is necessary to apply disciplinary action to the guilty employee within a month from the date of receipt of the report, as required by Part 3 of Article 193 of the Labor Code of the Russian Federation.

When considering issues related to the regulation and practice of applying disciplinary liability, it is necessary to be guided by the following acts:

1. Chapter 14 of the Labor Code of the Republic of Belarus (yes lee – TK);
2. Decree of the President of the Republic of Belarus dated December 15, 2014 No. 5 “On strengthening requirements for management personnel and employees of organizations” (hereinafter referred to as Decree No. 5);
3. Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29 “On additional measures to improve labor relations, strengthen labor and performance discipline”;
4. Acts of legislation applicable to certain categories of employees (civil servants, persons subject to disciplinary statutes);
5. Technical conditions, state standards, other rules and instructions establishing requirements in certain areas of labor activity;
6. Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated June 28, 2012 No. 4 “On the practice of application by courts of legislation on labor discipline and disciplinary liability of employees” (hereinafter referred to as Resolution No. 4);
7. The provisions of the employment contract, local regulatory legal acts, job descriptions, labor protection instructions and other acts establishing requirements for labor discipline and job responsibilities of employees.

Prevention of disciplinary violations

Factors and circumstances that reduce the risk of disciplinary offenses by employees:

• timely development and consolidation of labor discipline requirements in the local regulatory legal acts of the organization;
• timely reflection of job responsibilities and changes in them in job descriptions and employment contracts;
• timely familiarization of employees with the requirements for labor discipline, job responsibilities, changes in local regulatory legal acts of the organization on these issues;
• the functioning of an effective system for monitoring the employer’s performance of job duties and labor discipline requirements by employees;
• timely bringing of employees to disciplinary liability.

If failures occur in the work in these areas, the risks associated with the occurrence of disciplinary offenses increase significantly; the risk of the impossibility of bringing the employee to disciplinary liability or of illegally bringing him to such account also increases.

Attention!
In case of improper labor discipline in the organization corruption risks may arise, and this is much worse than just a disciplinary offense. Corruption risks may occur, including in the work of non-state enterprises. Read more about building a system to combat corruption risks - , Head of the Legal Department of ODO "Eterika"

Grounds for application of disciplinary liability

Guilt

The employee’s guilt can be expressed in the form of intent or negligence (clause 3 of resolution No. 4). At the same time, it is necessary to understand that the employer must find out the degree of guilt of the employee and the fact of its existence. To do this, the reasons for the violation on the part of the employee are clarified by obtaining written explanations. Accordingly, if the reason for violation of labor discipline and job responsibilities lies in the actions of the employer (failure to familiarize the employee with labor responsibilities, local regulatory legal acts of the organization), there is no need to talk about the employee’s guilt.

Insufficient attention to the reasons for non-fulfillment or improper performance of labor duties leads to the recognition of disciplinary action as illegal.

Failure to perform or improper performance of labor duties

These actions (inaction) may be expressed in violation of legal requirements, internal labor regulations, obligations under an employment agreement (contract), job descriptions, regulations, orders, technical rules, local regulations, etc.

Attention!
From the point of view of judicial practice, the following situations cannot meet the criteria for a disciplinary offense:
1) refusal to perform work that is not part of the employee’s job responsibilities (that is, not specified in the legislation, local legal acts, employment contract, job description);
2) failure to familiarize the employee with job responsibilities and labor discipline requirements, with the exception of duties directly established by law;
3) refusal to perform work that is contraindicated for the employee due to health reasons;
4) refusal to fulfill a public order;
5) failure to fulfill labor duties for reasons beyond the employee’s control, including due to actions (inaction) of the employer himself;
6) illegal inclusion of job responsibilities in job descriptions, employment contracts, and other local regulations that are not characteristic of the relevant position;
7) absence from work, including full-time work, due to an appointment with a doctor, if the employee consulted a doctor due to poor health;
8) keeping the employee in custody, serving a sentence in the form of administrative arrest and other circumstances indicating the absence of the employee’s guilt.

Please note that in the event of a legal dispute with an employee regarding disciplinary action, the burden of proving the existence of misconduct lies with the employer. Accordingly, protecting the interests of the employer largely depends on high-quality work in determining the job responsibilities of the employee when he is hired, as well as correct documentation of the offense and the circumstances of its commission.

For information
It is very important for an employer to have an effective system for assigning tasks to employees and monitoring their implementation. We recommend for these purposes , which is very common in many organizations (the link provides detailed instructions on using Microsoft Outlook in the work of the legal service).

The most common violations by employers of legislation in the field of bringing employees to disciplinary liability are as follows:

1. Bringing to responsibility in the absence of the employee’s fault;
2. Inappropriate assignment of job responsibilities, which allows for ambiguity in their interpretation (as a consequence - the absence of a violation);
3. Violation of deadlines for bringing to justice;
4. Simultaneous application of several disciplinary measures;
5. Disproportionate measure applied to the nature of the violation;
6. Formal violations of the procedure for bringing to justice, which entail formal illegality.

Conditions and consequences of applying disciplinary action

In addition to the presence of a disciplinary offense, an important condition is compliance with the deadlines for bringing to disciplinary liability, which are:

1) one month from the date of discovery (not counting the time of illness of the employee and (or) his stay on vacation), but no more than 6 months from the date of the disciplinary offense (based on the results of an audit, inspection carried out by competent government bodies or organizations - no later than two years from the date of commission). The specified time limits do not include the time of criminal proceedings;

2) when considering materials about a disciplinary offense by law enforcement agencies - no later than one month from the date of refusal to initiate or termination of a criminal case.

Attention!
In accordance with paragraph 9 of Resolution No. 4, the following are not excluded from the statute of limitations for bringing an employee to disciplinary liability:
- the time the employee is on a business trip, undergoing military training, absenteeism and other cases of absence from work;
- the period for the employer to verify the fact of committing a disciplinary offense, unless otherwise established by regulatory legal acts on special disciplinary liability.

When calculating the time limits for bringing an employee to disciplinary liability, you must be guided by the rules established Art. 10 TK.

The consequence of applying a disciplinary measure is that, in the event of a repeated violation, dismissal may be applied to the employee due to the employee’s systematic failure to fulfill, without good reason, the duties assigned to him by the employment contract or internal labor regulations (paragraph seven of Article 42 of the Labor Code). At the same time, this condition is terminated by paying off a disciplinary sanction after one year from the date of application of the penalty (in the absence of a repeated violation) or early removal by issuing an order by the employer (part two of Article 203 of the Labor Code).

Algorithm for applying disciplinary measures

Step 1. Recording a violation

The legislation does not specify the type of document that must be drawn up to record a violation. In accordance with part twoclause 18 of resolution No. 4 These documents include:

1. Acts on violations;
2. Materials of inspections, audits carried out by higher-level organizations in the order of subordination, as well as government bodies.

Attention!
The use of a fine system is contrary to labor legislation, since it worsens the legal status of workers. In addition, fines by their nature are measures of administrative or criminal liability that cannot be applied by the employer.

Step 4. Conduct a check

This step must be implemented if the employee is subject to liability in the form of dismissal. Carrying out an inspection is mandatory due to subparagraph. 6.1, 6.2 clause 6 and clause 7 of Decree No. 5. To carry it out, the employer should appoint a person responsible for carrying it out or create a commission. The latter, as a rule, consists of a commission chairman and two members. The appointment of a person in charge and the creation of a commission must be formalized by order (instruction) of the employer. The results of the inspection must be recorded in the inspection report.

Step 5. Applying disciplinary action

The following conditions must be met:

1. The document imposing liability must be issued by an authorized person. The penalty is imposed by the body (manager) who is given the right to hire (elect, approve, appoint) and dismiss employees. These powers may be transferred by order to other persons. For persons acting as the head of an organization during his absence due to temporary disability, business trip, or vacation, the issuance of a separate order is not required;
2. Compliance with the statute of limitations established by law;
3. The employee must be notified of the application of disciplinary measures. the imposition of a penalty is announced to the employee against signature within 5 days (except during vacation or temporary disability). In casefrom familiarization with the employee, the employer must formalizethe employee from familiarizing himself with the order (instruction, resolution) indicating the witnesses present. Failure to perform these actions entails that the employee is not subject to disciplinary action.

Responsibility of the employer in case of non-involvement/incorrect disciplinary action

Illegal application of disciplinary measures can lead to significant consequences for the employer:

• in case of dismissal, the employee can be reinstated;
• with the consent of the employee, instead of reinstatement at work, compensation in the amount of 10 times average monthly earnings;
• in cases of reinstatement of an employee to his previous job, as well as a change in the wording of the reason for dismissal, which prevented the employee from taking a new job, he is paid the average salary for the period of forced absence (the time during which the employee did not fulfill his duties in connection with illegal dismissal);
• the employee may be compensated for moral damage;
• the employer may be held administratively liable under part four of Art. 9.19 Code of Administrative Offences;
• If the lawsuit is lost, the employer will be liable for legal costs.

In addition, it should be remembered that one of the reasons for the dismissal of a manager on discreditable grounds is the concealment by the head of the organization of facts of violation by employees of labor duties or the failure to hold the perpetrators accountable for such violations established by law without good reason (subclause 6.9, clause 6 of Decree No. 5).

At the same time, in accordance with sub.4.2 clause 4 of Decree No. 5 Concealing (substituting) the grounds for dismissing an employee if there is a basis for his dismissal for committing guilty actions is a gross violation of labor duties, entailing unconditional disciplinary action against the head of the organization, up to and including dismissal from his position.

Bringing disciplinary action to an employee (announcement of a reprimand or reprimand): an approximate step-by-step procedure

TAKING DISCIPLINARY RESPONSIBILITY (ANNOUNCING A REMARK OR REMEDINATOR):
STEP-BY-STEP PROCEDURE

130 step-by-step instructions for HR work >>

2. Requesting a written explanation from the employee regarding non-fulfillment or improper performance of job duties.

The employer prepares a notice of the need to provide a written explanation for the misconduct. The notice is prepared in two copies (one for each party) and is registered in the manner established by the employer, for example, in the register of notifications and proposals to employees. The employer gives one copy of the notice to the employee. On the second copy of the notice (the employer’s copy), the employee writes that he has read the notice, received one copy of it, puts the date of receipt, and signs.

If the employee provides a written explanation, it is reviewed by the employer and registered in the manner prescribed by the employer in the appropriate registration register.

If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up. If the employer has established a procedure for registering acts in a special journal, then the signed act must be registered in such a journal.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

3. Taking into account all the circumstances of the commission of disciplineserious offense:

The employee is guilty of committing an offense;

The severity of the offense;

The circumstances under which it was committed;

reasons for the employee’s misconduct;

Previous behavior of the employee;

Attitude to work.

If the employer decides not to take disciplinary action, the procedure is terminated.

If the employer decides to impose a disciplinary sanction in the form of a reprimand or reprimand, then we move on to the next step.

4. Checking the deadlines established for the application of disciplinary sanctions.

6. Registration of an order (instruction) on the application of a disciplinary sanction in the form of a reprimand or reprimand in the manner established by the employer, for example, in the appropriate log of orders (instructions).

7. Familiarization with the order (instruction) employee's signature.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up (Part 6 of Article 193 of the Labor Code of the Russian Federation). The act is registered in the manner prescribed by the employer in the appropriate registration journal.

According to Part 4 of Art. 66 of the Labor Code of the Russian Federation, information about penalties is not entered into the work book, except in cases where the disciplinary sanction is dismissal.

Journal of registration of acts. Sample form >>

If an employee refuses to receive a notification, read it, and put his signature, it is recommended to draw up an appropriate act, which is certified by the signatures of the originator and the employees present at the refusal, and send the notification to the employee’s home address by letter with the notification and a list of attachments. The act is registered in the manner prescribed by the employer in the appropriate registration journal.