Disciplinary liability according to TC. Disciplinary sanctions applied to the employee. Disciplinary sanctions include

All people are different and approach work differently. Ideally, every person should strictly observe discipline and perform the work entrusted to him conscientiously. But it also happens: he performs his duties improperly or simply ignores them.

In this situation, the law provides appropriate norms for punishing the employee. Disciplinary action is a punishment for failure to perform labor functions or their incomplete implementation in practice.

What types are provided for by the Labor Code of the Russian Federation?

According to the Labor Code of the Russian Federation, there are the following penalties: reprimand, reprimand, dismissal. In addition to the main types, in some organizations it is possible to use others: a reprimand with the addition of “strict”, a warning “incomplete compliance”, transfer for a short period to a less presentable and lower-paid position.

The procedure for applying measures is formulated in Article 193 of the Labor Code of the Russian Federation.

The bottom line is that upon discovery of a misconduct, the guilty employee is obliged to immediately provide an explanation in a letter signed by him.

After two days have passed from the day of the demand for an explanation, in the absence of one, the employer has the right to draw up an act in which he must indicate the date of the demand for clarification and the actual absence of it. When an employee is unable to provide a written explanation for some reason, it is best for the employer to issue a written notice to the individual asking him to provide an explanation. But this must be done during the person’s working hours. Next, the employer begins to conduct an internal investigation.

The order of their application

To apply a penalty, it is necessary to collect evidence of a person’s guilt and only then make a decision by order.

The order must be completed correctly and contain the necessary information:

position and place of activity of the culprit;
the essence of the offense and articles of the law;
indication of the degree and severity of the violation;
type of punishment;
base.

It is important to know the time frame within which penalties can be applied. Term - one month from the day the offense was discovered, taking into account the employee’s sick time, if any, and the time of agreement with the trade union.

Besides this, there is one more circumstance. If six months have passed since the discovery of the misconduct, then the employee cannot be punished. True, this does not apply to financial matters, for example, if the misconduct was discovered as a result of an audit. Such issues are resolved within a two-year period.

The employee signs the order within three days. If a person refuses to sign, the boss prepares a new act on this matter. It must be signed by attesting witnesses, who should not have a personal interest, and by a representative of the enterprise administration.

The employee has the right to appeal the order of punishment to the labor inspectorate.

The employee, as soon as he has signed the contract and has begun his direct labor functions, immediately receives the rights and responsibilities specified in the “job description” document.

According to regulatory documents, He must:

fulfill labor obligations;
comply with internal regulations and labor safety standards;
maintain the entrusted property in proper condition.

Labor discipline is an important component labor activity. It is fully regulated by the regulations of the organization. These are documents that establish the process of hiring and firing people and other features of labor relations. However, a local act of an enterprise should in no case contradict the law.

When an employee stops fulfilling his direct duties due to fear for life and health, no one will punish him for this.

When choosing a penalty, you must take into account how serious the offense was and why it was committed. You cannot fire someone for a minor violation, otherwise your decision will be invalidated in court.

Dismissal can only be lawful under the following circumstances:

When an employee with a penalty continues, regardless of the reasons, to evade fulfillment of duties.
When there is a gross violation of discipline. This includes absenteeism lasting one working day, as well as more than 4 hours in a row.
Showing up at work in any category of intoxication.
The employee made public a secret known to him for a reason official duties.
In case of theft, embezzlement or destruction of property, dismissal is guaranteed immediately when this fact is established in court.
For violation of labor protection conditions.
If the employee dealt with values and lost the trust of the boss.
If a person at the workplace made an unreasonable decision, and this adversely affected the financial well-being of the organization.
If the manager grossly violated his job duties.
If the teacher violated the Charter of the general education organization during the school year.

In other words, different disciplinary measures may be applied in different industries, as set out in the Charter, regulations, and rules of a given organization. It is not allowed to use arbitrarily invented measures.

The above measures are unacceptable for punishing civil servants.

Important note: only one type of penalty can be applied for one offense.

If punishment is taken against an employee, it valid for one year from the date of issue of the order. During this period, repeated misconduct may result in automatic dismissal under Article 81. If after a year there are no more comments, then the penalty is considered lifted.

At the request of the direct employer or the request of the employee, as well as based on the request of the manager, the penalty can be lifted without waiting for the end of the year. To do this, you need to write a report. HR specialist has the right to make a special entry about the punishment in the employee’s personal file, more precisely, in his personal card. Such information should not be reflected in the work book.

The procedure for issuing a penalty

After the immediate supervisor has found out all the causes and consequences of the misconduct, he prepared necessary acts, he must send the following documents to his superiors:

A memorandum from persons related to the case.
A memo containing the essence of the incident.
Explanatory note from the culprit himself.
Explanatory statements from other persons involved in this case.
Document confirming the operating mode.
If necessary, additional documents needed to clarify.

If the measure is dismissal, it must be issued in the form of an order in a unified form with an exact indication under which article the employee was dismissed. There are no forms of orders for imposing penalties in the form of a reprimand or reprimand. They are published in free form.

Information about all types of punishments for guilty workers, their registration and others important nuances you can watch the video:

Consequences

An employee with a penalty may be deprived of his bonus.
An employee who has received a penalty and has repeatedly committed an offense may be suspended from work, that is, dismissed.

The employer needs to be careful about filling out all necessary documentation. In order to avoid difficulties, all issues relating to him must be discussed individually with each employee. labor discipline.

The organization is liable for violation of the procedure for applying penalties. If you disagree with the applicable measure and the employee’s complaint to labor inspection the employer will be checked for violations during the investigation and application of punishment.

If the inspection finds a violation, the organization will be held administratively liable. The employee will be reinstated through legal proceedings, and he will receive compensation for causing moral damage. The organization must bear all costs of trials and inspections. In addition, damage will be caused business reputation company, credibility is lost.

It is the responsibility of each employee to properly carry out his labor obligations, which are specified in the contract and the rules of the enterprise. However, unforeseen circumstances can often occur that will result in a disciplinary offense.

The Labor Code of the Russian Federation provides for penalties in such cases, which are considered disciplinary sanctions. Material penalties may also be applied to employees. However, the Labor Code of the Russian Federation has a number of features that may cause financial liability. Let's take a closer look at all the nuances.

What types of disciplinary actions can be taken against employees?

In addition to incentives, the Labor Code of the Russian Federation provides employees with certain penalties for violating their duties or the law. Their types are as follows:

comment;
rebuke;
dismissal.

The Labor Code of the Russian Federation defines the simplest of them as a remark. It consists of a verbal warning to the employer for the employee’s misconduct, or can be issued as an order. A reprimand may be used for more serious violations and is formalized.

In case of systematic receipt of this type of punishment, information about this is indicated in the work book. The most severe type is dismissal, which is provided for employees who violate labor regulations and the Labor Code.

Types of disciplinary sanctions and the procedure for their application

Kinds disciplinary sanctions according to the Labor Code of the Russian Federation, which have legal grounds, were indicated above. However, enterprises may often be subject to material penalties, the application of which is not always provided for by law. These include:

fines;
deprivation of bonus;
bringing to financial responsibility;
temporary reduction of the social package.

Their use is possible only in some individual cases, for example, financial liability arises when the property of an enterprise is damaged. Regarding fines, the Labor Code prohibits their use, otherwise the employer faces administrative liability, and in some cases criminal liability.

The procedure for applying punishment to employees is that it can be applied to the employee within a month, and after the discovery of the offense. Vacation and sick leave time is not included here. The penalty is applied no later than 6 months according to Article 193 of the Labor Code of the Russian Federation. In connection with the audit and the rendering of a decision on it, due to audit the period is increased to 2 years.

Such offenses cannot be detected immediately, which is why the term is much longer. If the specified period has passed, the law does not provide for holding the employee accountable.

For one offense only one type of punishment is applied. The procedure for application is based on the drawing up of an order by the employer, whose predecessor is explanatory letter on the part of the employee.

The most severe type of disciplinary action

The most severe form of punishment is dismissal. Perhaps it is when repeated violation discipline, or in case of gross misconduct, such as:

systematic absenteeism;
disclosure of secrets;
alcohol or drug intoxication;
actions that resulted in an accident or accident;
theft.

Each point may have its own specific facts and nuances. Dismissal under this article (Article 193 of the Labor Code of the Russian Federation) can have quite serious consequences. First of all, this is an entry in the work book, after which it is not easy to find new job, and even more so to prove your innocence in the current situation.

Sample order to apply a disciplinary sanction in the form of a reprimand

As previously mentioned, the procedure for formalizing a disciplinary sanction consists of drawing up an order, which is resolved only after the employee’s guilt has been proven. A sample reprimand order is not provided for by law, but must contain the following information:

name of company;
number, date and title of the order;
the reasons for its preparation and the type of violation;
grounds for issuing a reprimand;
person responsible for execution;
signature of the leader and the offender, seal.

A sample can also be provided at the enterprise itself, since it is usually developed individually in a specific organization.

What types of disciplinary sanctions are applied to military personnel?

Disciplinary sanctions may be applied to military personnel in accordance with Article 75 of this Charter. They are as follows:

a severe reprimand or entered into a personal file;
ban on layoffs;
outfits out of turn (up to 5);
early dismissal from service;
determination for the position below;
reduction in rank;
disciplinary arrest or correctional labor.

In addition to non-material punishments, military personnel may also lose their units. Money, which include one-time payments and various quarterly bonuses. In addition, the serviceman is recorded with this negative information in his personal card.

Thus, you should be attentive to your job responsibilities and follow the procedure for their actions, otherwise there is a possibility of receiving a disciplinary sanction, which may have a negative impact on further work at the enterprise.

Passes without conflicts. However, not all of them are resolved peacefully. In the entire spectrum of relationships between employer and employee, the issue of discipline is considered the most important. The personal qualities of the parties to the dispute are of particular importance in its decision. Meanwhile, mechanisms are also needed to keep the situation within the framework of legal norms.

General rules

If there are grounds, the employer may impose disciplinary sanctions on the employee. Labor Code of the Russian Federation provides several measures of responsibility for employees. The employer can apply them in any order. The established measures are remark, reprimand and dismissal. The latter is used for serious violations. In practice, managers impose the softest first disciplinary action. Labor Code of the Russian Federation establishes a certain procedure for applying liability measures. It is worth saying that many terms that were used previously are not provided for in the current legislation. In particular, this applies to such a concept as “severe reprimand”. Meanwhile, some leaders continue to threaten its use. Employees should be aware that there is no such thing as a “severe reprimand”. IN work book the fact of dismissal is recorded. The application of other sanctions is recorded in the employee’s personal card.

Normative base

Art. 192 of the Labor Code of the Russian Federation is applied in case of improper performance by an employee of his functions defined in the Code, contract, internal regulations and others regulations. When concluding a contract, the employee must familiarize himself with the local documents establishing his duties and responsibilities, against signature. Art. 192 of the Labor Code of the Russian Federation establishes the right of the employer to hold employees accountable. In practice, a certain procedure for applying measures has developed.

Reprimand as a disciplinary sanction

The Code does not establish a clear list of violations for which this measure is applied. However, in practice it can be charged for serious, repeated or systematic violations. For example:

Application procedure

As a rule, it follows after the imposition of the mildest sanction. There is a certain practical meaning. The leader, by first applying the observation, pursues two main goals. First of all, the employee is given a chance to improve. At the same time, the employer relieves himself of the risks of subsequent litigation. It should be said that the Code prohibits the application of two sanctions for the same violation. This means that if an employee had a remark, he will not be reprimanded.

Important point

As part of the legal proceedings, first of all, the issue of applying more lenient measures to the employee is clarified. If the employer, acting as a defendant, cannot provide evidence that the reprimand followed the remark, then the absence of facts will testify in favor of the applicant - an employee defending his rights. The court may regard the actions of the manager who applied the measure of liability as disproportionate to the violation.

Recording a violation

Before you publish reprimand order, a certain order must be followed. First of all, the violation for which a sanction is imposed must be recorded. To do this, the employee’s immediate supervisor must provide the management of the enterprise with a memo. It describes the fact of non-compliance with the requirements. The note sets out the circumstances, the date of the event, and specific persons who participated in it. In addition, the document must contain a phrase of the following type: “In accordance with the above, I request that disciplinary measures be taken against...”. The violator’s immediate superior can express his own opinion about what happened, but in a presumptive formulation.

Act

It is worth saying that if there is a memo, the manager can begin the procedure for imposing sanctions. But for greater legitimacy, it is advisable to issue an act of violation. This document is considered more advantageous from a legal standpoint, since it must contain at least three names of employees in the same department. If disputes arise, they will be called as witnesses.

Features of compilation

The act is drawn up arbitrarily. It contains the same information as in the memo, but without comments. The text begins with the phrase “We, who have signed below... have drawn up an act stating that...”. The document must contain a phrase stating that the offender has been asked to give a written explanation of the event. It is necessary to take into account that the name of the perpetrator mandatory is present among other persons signing the act. In this case, it is impossible to require a signature from the employee. We can only suggest. An employee has the right to refuse to sign a document. In this case, a corresponding mark is placed opposite his last name.

Notification

As stated above, the offender should be asked to provide a written explanation. As with the signature of the act, it is impossible to require the employee to provide explanations. This is an employee's right. He may not use it. The employer’s right to ask for an explanation from an employee is established by Articles 192 and 193 of the Labor Code. These norms regulate the actions of the manager. The request for the employee to provide a written explanation is set out in the notice. It is delivered to the offender against signature. After this, the violator must also respond in writing within two days. If the employee does not sign the notification, a report about this is drawn up.

Refusal to explain

After 2 days, if there is no response from the violator, a report is drawn up. The specified period is provided for in Article 193 of the Code. An act of refusal to provide a written explanation should not be drawn up earlier than 2 days from the date of familiarization with the notification. Otherwise, this action may contribute to a decision in favor of the perpetrator if the proceedings continue in court. After receiving an explanation and considering it, you can draw up a reprimand order. It is worth saying that this document will be drawn up even if the employee refuses to give explanations. The main thing is to meet the deadlines.

Reprimand: sample local act

The document is also drawn up in any form. However, a number of rules must be followed. The local act on imposing a sanction states:

Serial number of the document.
Date of.
Information about the manager and employee.
The reason why the employee was reprimanded. The local act is drawn up in such a way that it is clearly clear why the sanction was applied to the employee. The document describes the offense without going into all the details.

More details about design

The name of the enterprise must be present in the header of the document. Below is the order number. It is determined in accordance with internal document flow. After this, the name of the document is indicated - Order to issue a reprimand ... (the full name of the offender is given here). The following briefly describes the offense. For example, “Impose a penalty in the form of a reprimand for non-compliance functional responsibilities established in the employment contract, without good reason." The wording depends on the nature of the violation. The order may contain various grounds for applying a sanction. For example, if a reprimand is announced in connection with the systematic tardiness of an employee, acts indicating this should be indicated. These documents must contain specific dates and times. You can also reflect information about the presence/absence of a written explanation. At the end of the document, the signature of the director of the organization, as well as the employee who committed the offense, is indicated.

Consequences

The fact of a reprimand is reflected in the employee’s personal card (form T-2). Information about this sanction is not present anywhere else. However, it negatively affects the amount of bonuses, bonuses, and other additional incentives. However, even after a sanction has been imposed, the employee can correct the situation. If he does not violate the rules within a year after receiving it, it will be removed automatically. In addition, a reprimand as a disciplinary sanction can be terminated early. This will require a petition from the employee and his direct superior. It should be noted that such a situation is possible only if the perpetrator is loyal to the internal investigation of what happened and in the absence of refusals on his part to give an explanation and sign acts.

Nuances

Many employers are interested in whether it is necessary to enter the fact of systematically applying a reprimand to one employee in the work book? As was said above, according to general rules, this document contains information only about dismissal. However, in practice, if for objective reasons the manager is forced to constantly reprimand an employee, this information can be included in the work book. If the sanction was applied once, the document remains “clean”.

Challenging

In case of disagreement with the applied measure of responsibility, the employee can appeal the management’s decision in court. The legislation allows 3 months for this. The employee draws up a corresponding statement, which sets out the essence of the incident and indicates what exactly he does not agree with. The head of the enterprise must assume that the employee will take such a step. However, as practice shows, a reprimand, unlike dismissal, is practically not challenged in court. In any case, the likelihood of the employee’s claim being satisfied will be minimized if there is documentary evidence of the employer’s actions.

Illegality of the sanction

If the reprimand was issued illegally, and this is proven in court, the organization’s management faces administrative liability. It is established by Article 5.27 of the Administrative Code. Normally, sanctions are provided for both the enterprise as a whole and for a specific individual. Individuals may be fined up to 5 thousand rubles, legal entities - up to 50 thousand.

Additionally

Of course, the head of the organization must take measures to ensure proper compliance with the rules internal regulations at the enterprise. This is not always possible using diplomacy. At the same time, the leader must maintain a balance between sanctions and rewards, and not apply the law without reason. Such cases of non-compliance with internal regulations, such as one-time delay, failure to complete a production task within the allotted time, negligence accidentally committed during the implementation professional activity, do not have a significant impact on the progress of the process throughout the enterprise. Accordingly, such misconduct should not always immediately translate into grounds for the imposition of serious sanctions. In most cases, the employee is well aware of his mistake. Nobody wants to be cornered. But when using the official collection mechanism, this will certainly happen. The head of an enterprise must strive to maintain the “golden mean”. In each case, you should collect explanations for the violations committed or draw up a report if they are refused. If more than three such situations accumulate, it will be quite legal to apply penalties. However, in this case, a conversation should be held with the employee. During the conversation, the leader explains the motives for his actions and decisions made. Of course, this should not look like an excuse. However summary situations with a further prospect of lifting the sanction will please the violator more than articles of the Code that allow the lifting of the punishment.

Conclusion

After applying a reprimand, the manager has only one form of punishment - dismissal. The employee, in turn, needs to think about his behavior and evaluate future prospects. A reprimand can be considered the final argument, a way of bringing the employee’s actions into compliance with the regulations. Therefore, the use of this measure is justified only when an employee directly and openly violates the standards established by the Code and other legal documents. From all that has been said above, the following conclusion can be drawn. If a situation arises where the offense is not serious enough to impose a punishment, you need to use common sense and not impose a sanction. If the employee turns out to be unreceptive to conversations and continues to violate, it is necessary to use legal mechanisms.

Disciplinary actionis provided by the legislator as a measure of liability for violation of the organization’s labor regulations. When applieddisciplinary action All labor legislation requirements must be taken into account. How to apply it correctlydisciplinary action e byLabor Code of the Russian Federation , you will learn from our article.

In what cases can disciplinary sanctions be imposed?

By providing incentives for conscientious performance work, the legislator simultaneously introduces norms that regulate the issues of punishment of irresponsible employees.

Disciplinary action can be imposed on an employee only if the latter commits a disciplinary offense.

That is, if an employee does not fulfill (improperly fulfills) his job responsibilities, That disciplinary action can't be avoided.

In particular, offenses include:

absence of an employee from the workplace without reason for more than 4 hours in a row (absenteeism);
failure to fulfill official duties stipulated by the employment contract or job description;
refusal by the employee to perform actions provided for by law, employment contract, job description or internal regulations of the organization with which the employee was familiarized (for example, refusal to undergo a mandatory medical examination, refusal to wear special clothing).

However, special federal laws may establish that disciplinary action imposed on an employee not only for committing an offense that violates labor discipline. For example, the law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation” establishes that an employee can receive disciplinary action in case of committing offenses that may discredit the honor and dignity of a prosecutor.

Disciplinary penaltiesand I are divided into general and special.

To general disciplinary sanctions include the following:

comment;
rebuke;
dismissal.

Special disciplinary action provided for by regulations or laws on certain types services (employees) in the Russian Federation. But the legislator clearly limits the employer: the use disciplinary sanctions that are not specified in federal law, discipline regulations or statutes are not permitted. Otherwise, the employer may be held administratively liable for imposing “extra” disciplinary sanctions according to Art. 5.27 Code of Administrative Offences. Only one disciplinary offense can be imposed disciplinary action. For example, if an employee appeared at work in a state of intoxication, and the employer reprimanded him for this offense, then dismiss the employee in accordance with subsection. “b” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation for the same offense he no longer has the right.

Disciplinary responsibility is an independent type of responsibility. Accordingly, in order to be brought to it, it is necessary to have the elements of an offense in the form of a subject, an object, subjective and objective sides.

The subject in this case will be a citizen who is a member of labor relations with a specific organization and violating labor discipline.

The subjective side is the employee’s guilt in committing an offense.

Object - the work schedule of the organization.

The objective side is the violation itself and the connection between the employee’s actions and the resulting consequences.

The result of bringing to disciplinary liability is the imposition disciplinary action. In this case, the employer personally decides whether he will impose disciplinary action, because it is his right. This conclusion can be drawn from an analysis of labor legislation. But if he nevertheless decides to punish the employee, then deviation from the requirements of the law is unacceptable.

Procedure for imposing disciplinary sanctions

Disciplinary action may be imposed on an employee no later than 1 month from the day when the employer recorded a case of violation of labor discipline. But this period of time does not include:

Don't know your rights?

days when the employee was on sick leave;
vacation;
the time spent on coordination with the representative body (trade union).

It should be remembered that any disciplinary action cannot be imposed:

6 months after the date on which the disciplinary offense was committed;
after 2 years from the date of the commission of the offense, which was revealed as a result of a financial, audit or audit.

These time limits will not include the period of time during which the criminal proceedings continued.

Procedure for applying disciplinary sanctions next.

Order to impose disciplinary liability

Download the order

Imposition Order disciplinary action can be issued only in cases where the employee’s guilt is fully proven.

If an employee is subject to disciplinary action in the form of a reprimand or remark, then disciplinary order compiled in any form.

After issuing the order to impose disciplinary action The employee must be familiarized with it within 3 days. If he refuses to familiarize himself, then a corresponding act must be drawn up about this. Disciplinary action will be imposed in any case. This period of time does not include the period when the employee was absent from service.

If the employer does not comply with this deadline, the employee has the right to appeal the imposition disciplinary action.

Recording a violation of labor discipline by an employee in the form of a punishment order is necessary for the employer. After all, if there are several outstanding disciplinary sanctions an employee may be dismissed under clause 5, part 1, art. 81 of the Labor Code of the Russian Federation (an employee repeatedly fails to perform job duties without serious reasons, while having disciplinary action).

Sample order for disciplinary action

Imposition Order disciplinary action printed on letterhead organization and is registered in a special journal.

03/09/2017 Ekaterinburg

Due to improper execution by storekeeper Viktor Petrovich Nesterov labor responsibilities assigned to him by employment contract No. 5 dated 09/01/2005 and the storekeeper’s job description dated 08/06/2004, which resulted in a lack of control over the preparation of shipped products, which led to delays in delivery of goods to the customer,

ORDERS:

reprimand storekeeper Viktor Petrovich Nesterov.

Base:

Memorandum of the Deputy Head for Administrative and Economic Affairs O. V. Skvortsov dated 03/01/2017.
Act on the employee committing a disciplinary offense No. 45 dated 03/05/2017.
Explanations of the employee dated 03/02/2017.

Director of LLC "Horns and Hooves" ________________ Strelkov I. P.

How is a disciplinary sanction lifted?

Download the order

Any disciplinary liability is of a continuing nature, but within the framework of labor relations between specific persons. That is why the legislator clearly established that if an employee within 1 year from the date of receipt of the previous disciplinary action did not receive another one, he will be considered exempt from disciplinary liability.

The Labor Code establishes that disciplinary action is removed from the employee earlier in the following cases:

at the request of the employer;
at the request of the employee;
at the request of the manager;
at the request of a representative body (for example, a trade union).

Liberation from disciplinary action earlier than the established deadline is formalized, as a rule, by an appropriate order.

Although disciplinary action - This is one of the types of punishment on the part of the employer; it can be completely avoided by observing labor discipline. Please be aware that if there are multiple outstanding disciplinary sanctions you may well be fired under Article 81 Labor Code.

Text of Article 192 of the Labor Code of the Russian Federation in the new edition.

For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:
1) remark;
2) reprimand;
3) dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) for individual categories employees may also be subject to other disciplinary sanctions.
Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of part one of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of part one of Article 81 of this Code Code in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by an employee at the place of work and in connection with the performance of his job duties.
The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

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

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary to Art. 192 of the Labor Code of the Russian Federation

Comments on articles of the Labor Code will help you understand the nuances of labor law.

§ 1. Measures are provided to encourage employees who conscientiously perform their labor duties, but labor legislation at the same time establishes specific disciplinary measures for violators of labor discipline.

§ 2. Disciplinary liability of employees is an independent type legal liability. Employees who have committed a disciplinary offense may be subject to disciplinary liability. Consequently, the basis for such liability is always a disciplinary offense committed by a specific employee. A disciplinary offense is an unlawful, culpable failure or improper performance by an employee of his or her job duties.

§ 3. Like any other offense, a disciplinary offense has a set of characteristics: subject, subjective side, object, objective side.

The subject of a disciplinary offense may be a citizen who is a member of labor relations with a specific organization and violating labor discipline.

The subjective side of a disciplinary offense is guilt on the part of the employee. It can be in the form of intent or negligence.

The object of a disciplinary offense is the internal labor regulations of a particular organization. The objective side here is the harmful consequences and the direct connection between them and the action (inaction) of the offender.

However, failure to fulfill instructions due to changes in significant working conditions cannot be considered a violation of labor discipline. If the previous essential working conditions cannot be maintained, and the employee does not agree to continue working under new conditions, the employment contract must be terminated under clause 7 of Art. 77 Labor Code (on changes in essential working conditions, see Article 74 Labor Code and commentary thereto).

Violations of labor discipline include refusal by an employee without good reasons conclude an agreement on full financial liability (see Bulletin of the Supreme Court of the RSFSR. 1991. N 10. P. 11).

§ 4. In accordance with the concluded employment contract, the employer has the right to demand that the employee perform work duties. According to Art. 192 of the Code, the employer has the right, but not the obligation, to bring to disciplinary liability an employee who has committed a disciplinary offense. However, you should be aware that this Code, other federal laws, charters and regulations on discipline may define other rules when committing a disciplinary offense (see Article 195 and the commentary thereto).

§ 5. In some cases provided for by federal laws, it is allowed to bring an employee to disciplinary liability for offenses that are not a violation of labor discipline, but are incompatible with the dignity and appointment of a number of officials. For example, according to the Law of the Russian Federation "On the Prosecutor's Office Russian Federation" of January 17, 1992, as amended and supplemented, prosecutors are responsible not only for failure to perform or improper performance of their official duties, but also for committing offenses that discredit the honor and dignity of a prosecutor.

§ 6. In part 1 of Art. 192 of the Labor Code establishes disciplinary measures imposed on violators of labor discipline. The employer has the right to apply one of the specified measures.

§ 7. The most severe disciplinary measure is dismissal. It is possible in the following cases: repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction (clause 5, part 1, article 81); a single gross violation of labor duties by an employee, namely: absenteeism (absence from work without good reason for more than four hours in a row during the working day (subparagraph “a”, paragraph 6, part 1, article 81); showing up at work in a state of alcohol, narcotic or other toxic intoxication (subparagraph “b”, paragraph 6, part 1, article 81); c" clause 6, part 1, article 81); theft (including small) of someone else's property, embezzlement, intentional destruction or damage at the place of work, established by a court verdict or a judge's decision that has entered into legal force, official, the body authorized to consider cases of administrative offenses (subparagraph “d”, paragraph 6, part 1, article 81); establishment by the labor safety commission or the labor safety commissioner of a violation by an employee of labor safety requirements, if this violation entailed serious consequences (work accident, breakdown, catastrophe) or knowingly created a real threat of such consequences (subparagraph "d" p. 6 parts 1 article 81; paragraphs 9 and 10 parts 1 article 81 or paragraph 1 article 336).

In addition, disciplinary sanctions include paragraphs. 7 and 8 hours 1 tbsp. 81 of the Labor Code in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by an employee at the place of work and in connection with the performance of his job duties.

§ 8. There are two types of disciplinary liability: general, provided for by the Labor Code of the Russian Federation, and special, which is borne by employees in accordance with the charters and regulations on discipline.

In case of general disciplinary liability, the list of penalties provided for in Art. 192 is exhaustive. Organizations themselves cannot impose any additional disciplinary sanctions, although in practice sanctions such as fines, deprivation of various types of bonuses, reprimand with warning, and others are sometimes applied that cannot be considered legal.

Special disciplinary liability is borne by employees who are subject to charters and regulations on discipline. These acts, as already noted, may also provide for more stringent penalties that differ from those imposed on employees under general disciplinary liability, although special measures are applied, including those listed in Art. 192 TK.

The Decree of the Government of the Russian Federation of August 25, 1992 approved the Regulations on Employee Discipline railway transport RF (as amended on December 25, 1993, as amended on February 8, 1999 (SAPP RF. 1992. N 9. Art. 608; 1994. N 1. Art. 11; 1999. N 7. Art. 916) ). This Regulation, with some exceptions, also applies to subway workers (see Decree of the Government of the Russian Federation of October 11, 1993 // SAPP RF. 1993. N 42. Art. 4008).

In accordance with these Regulations, the following penalties may also be applied to the employee:

a) deprivation of the driver’s certificate for the right to drive a locomotive (motor-car rolling stock), the driver’s certificate for the right to drive a fixed-type motor-rail vehicle, and the assistant locomotive driver’s certificate for an assistant driver for a period of up to three months or up to one year with a transfer to another job for the same period;

b) dismissal from a position related to operational work railways And state enterprises industrial railway transport or other work to ensure the safety of trains and shunting work and safety of transported goods, luggage and entrusted property, with the provision of work taking into account the profession (specialty);

c) dismissal, except as otherwise provided current legislation on labor, also for the employee committing a gross violation of discipline, which created a threat to the safety of train traffic, the life and health of people, or led to a violation of the safety of cargo, luggage and entrusted property.

Labor relations of railway transport workers common use, including the specifics of hiring them, the provision of guarantees and compensation are regulated by the Federal Law of January 10, 2003 “On Railway Transport of the Russian Federation”, labor legislation, industry tariff agreement and collective agreements.

Labor discipline of public railway transport workers is regulated by labor legislation and the Regulations on discipline of public railway transport workers approved by federal law. But for now, the above-mentioned Regulations dated August 25, 1992, with subsequent amendments and additions, are in effect.

Another regulatory act - the Charter on the discipline of employees of organizations with particularly hazardous production in the field of atomic energy use, approved by the Decree of the Government of the Russian Federation of July 10, 1998 (SZ RF. 1998. N 29. Art. 3557), provides for the following disciplinary measures:

a) warning about incomplete official compliance;

b) transfer with the consent of the employee to another, lower-paid job or another, lower position for a period of up to three months;

c) transfer, with the consent of the employee, to a job not related to work in particularly hazardous production in the field of nuclear energy, taking into account the profession (specialty), for a period of up to one year;

d) release from a position related to work in particularly hazardous production in the field of atomic energy, with the provision, with the consent of the employee, of other work taking into account the profession (specialty);

e) dismissal for a one-time violation of the legislation of the Russian Federation in the field of the use of atomic energy from among the violations provided for in Art. 61 of the Federal Law “On the Use of Atomic Energy”, if the consequences of this violation pose a threat to the safety of the organization and pose a danger to the life and health of people.

If an employee of the organization does not agree to continue working under new conditions in connection with the application of disciplinary sanctions against him, provided for in subsection. "b", "c" and "d" of the above Charter, the employment contract with him is terminated in accordance with the labor legislation of the Russian Federation.

State civil servants bear special disciplinary liability on the basis of the Federal Law “On the State Civil Service of the Russian Federation” of July 27, 2004.

In accordance with this Law, a state civil servant may be subject to a warning for incomplete performance. In addition, a civil servant who has committed official misconduct may be temporarily (but not more than a month), until the issue of his disciplinary liability is resolved, suspended from performing his official duties.

The Decree of the Government of the Russian Federation of May 23, 2000 approved the Charter on the discipline of maritime transport workers (SZ RF. 2000. N 22. Art. 2311). For a specific disciplinary offense against a maritime transport worker, in addition to the measures provided for in Art. 192 of the Labor Code, a sanction such as a warning about incomplete official compliance may be applied (see clause 13 of the Charter on the discipline of maritime transport workers).

Charter on discipline of workers of the fishing fleet of the Russian Federation, approved. By Decree of the Government of the Russian Federation of September 21, 2000 (SZ RF. 2000. N 40. Art. 3965), establishes such additional types official penalties, as a warning about incomplete official compliance, confiscation of diplomas from captains and command staff of the fishing fleet of the Russian Federation for a period of up to three years with transfer, with the consent of the employee, to another job for the same period, taking into account the profession (specialty) in accordance with the legislation of the Russian Federation.

§ 9. It should be remembered that the regulations and statutes on discipline are binding on all employees who are subject to them. Employers themselves do not have the right to make additions or changes to them. One of the differences between these acts is therefore the presence in them of more stringent penalties than for all other employees.

§ 10. When applying a sanction by an employer with general disciplinary liability, the severity of the offense, the harm caused by it, the circumstances under which it was committed, and general characteristics the person who committed the disciplinary offense. In this case, it is not at all necessary to maintain the sequence of penalties specified in Art. 192 TK.

The decision to apply a penalty is made by the employer, who may not take advantage of the right granted to him by the Labor Code and limit himself to verbal remark, conversation, etc.

The following commentary to Article 192 of the Labor Code of the Russian Federation

If you have questions regarding Art. 192 of the Labor Code, you can get legal advice.

1. The employer has the right to hold violators of labor discipline accountable, but can exercise this right at its own discretion: choose the best option from the possible penalties to be applied, or generally refuse to hold the violator accountable. Only in exceptional cases, directly provided by law, the employer is obliged to apply disciplinary measures (see, for example, Article 195 of the Labor Code and the commentary thereto).

2. An employee can be brought to disciplinary liability only if he commits a disciplinary offense, which is understood as a culpable failure or improper performance by the employee of his job duties.

An employee can be subject to disciplinary liability if the following conditions are met:

a) the employee’s behavior must be unlawful, i.e. his actions must actually not comply with the requirements of the law, obligations under employment contract or the employer’s orders based on them. An employee’s refusal to be divided into parts cannot be considered a disciplinary offense. annual leave, which is possible only by agreement of the parties (see Article 125 of the Labor Code and commentary thereto);

b) as a result of the employee’s actions, damage of a property and (or) organizational nature is caused. More often, damage of an organizational nature occurs when the order established by the employer is violated (absenteeism, being late for work, etc.);

c) the damage suffered by the employer must be a direct consequence of the employee’s violation of labor duties, and vice versa, the cause of the damage must be the employee’s unlawful behavior, i.e. there must be a cause-and-effect relationship between the employee’s misconduct and the resulting damage to his employer;

d) the employee’s actions must be culpable, i.e. committed intentionally or through negligence. If there is no fault in the employee’s behavior in any form, then there is a case that does not give the employer grounds to apply disciplinary action to him. It is impossible to fire an employee for absenteeism due to being late from vacation due to the cancellation of flights due to meteorological or technical circumstances, confirmed in the prescribed manner.

3. Unlike the list given in Art. 191 of the Labor Code of Incentives, the list of disciplinary measures is exhaustive for the vast majority of employers and employees. Only in certain sectors of the economy where charters and regulations on discipline approved by federal law are in effect, additional disciplinary measures can be applied to employees. This is due to the increased public danger of unlawful behavior by workers in these industries. Scroll existing statutes and provisions on discipline are given in the commentary to Art. 189 TK.

For example, the Charter on the discipline of crews of support vessels of the Navy, approved. Decree of the Government of the Russian Federation of September 22, 2000 N 715, and the Charter on the discipline of maritime transport workers, approved. Decree of the Government of the Russian Federation of May 23, 2000 N 395, in addition to the penalties listed in the commented article, provides for the announcement of a severe reprimand and a warning about incomplete official compliance.

Charter on discipline of workers of the fishing fleet of the Russian Federation, approved. Decree of the Government of the Russian Federation of September 21, 2000 N 708, in addition to the above-mentioned disciplinary measures, provides for the possibility of confiscating diplomas from captains and officers of the fishing fleet for a period of up to three years. Such confiscation of diplomas is possible for violation of labor discipline, which creates a threat to the safety of navigation, life and health of people at sea, pollution environment, as well as for gross violation of fishing rules (clause 20 of the Charter).

Regulations on discipline of railway transport workers of the Russian Federation, approved. Decree of the Government of the Russian Federation dated August 25, 1992 N 621, provides for the possibility of depriving a driver of a license to operate a locomotive, and an assistant driver of an assistant driver’s certificate. The driver may be deprived of his license to drive a locomotive for a period of up to one year for committing an offense that led to a wreck or accident, as well as for appearing at work drunk, in a state of toxic or narcotic intoxication (Part 2, Clause 16 of the Regulations).

4. Employers may not establish or apply any additional types of disciplinary sanctions. Part 3 of the commented article provides for the establishment of disciplinary measures only by federal laws (the charters and regulations on discipline approved by them). Consequently, any attempts by other subjects of regulation of relations in the sphere of labor to establish additional types of disciplinary sanctions should be defined as illegal.

5. Disciplinary sanctions can only be applied for violations of labor discipline, i.e. failure by the employee to comply with established rules in the labor process. If damage is caused to the interests of the employer outside of working hours or when not performing duties under the employment contract, the employee cannot be subject to disciplinary liability. The Plenum of the Supreme Court of the Russian Federation did not include among the disciplinary sanctions the case of dismissal of employees for the commission by a person performing educational functions of an immoral act incompatible with the continuation of work (clause 47 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"). In this regard, one should take into account the provision of part 3 of the commented article that dismissal for committing an immoral offense by a person performing educational functions, or committing guilty actions by an employee directly servicing monetary or commodity values, as a type of disciplinary sanction can be applied only if these actions were committed in connection with the performance of work duties by employees.

Dismissal is special kind disciplinary action. In this case, the employer exercises its right to terminate the contract if the other party fails to fulfill its obligations under it. Currently, dismissal as a disciplinary measure should include those carried out on the grounds provided for in paragraphs 5, 6, 9 and 10 of Part 1 of Art. 81, paragraphs 1 and 2 of Art. 336, paragraphs 4, 5, 6 art. 341 and art. 348.11 TK. In addition, dismissal is possible on the grounds formulated in paragraphs 7 - 8 of Part 1 of Art. 81 of the Labor Code, in the event of an offense being committed at the place of work and in connection with the performance of work duties by the employee. Not all of the listed grounds for dismissal are enshrined in the commented article, but it must be taken into account that the legislator provides an approximate list, without indicating its exhaustive nature.

6. It is necessary to distinguish between disciplinary measures and disciplinary measures. The list of the former should be expressly provided in federal laws(currently and in acts of the Government of the Russian Federation). The latter can be established in local regulations. Disciplinary measures cannot be offensive to the employee or cause damage to his honor and dignity. These include:

a) deprivation, in whole or in part, of the bonus provided for by the organization’s remuneration system for the period in which the disciplinary offense was committed;

b) restriction of the use of social and cultural facilities owned by the employer;

c) reduction in the amount or non-payment of remuneration based on the results of the organization’s work for the year;

d) appointment of extraordinary certification, etc.