Sample order on disciplinary liability of the chief accountant. The meaning of a disciplinary order. Order of disciplinary action: sample and established form

Today, disciplinary liability is imposed for committing certain offenses in the workplace. In order to implement this procedure, it will be necessary to formulate a special order.

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Its specific format is not established by law, but there are a number of instructions for drawing up such an order - they are mandatory.

How to apply and its sample

The very possibility of bringing to responsibility of this type is reflected directly in the Labor Code of the Russian Federation.

It is important to remember the need for an appropriately formatted explanatory statement on the part of the employee. Only if it is present will it be possible to bring disciplinary action.

A sample of this type of order itself looks like this:

It is important to remember that the document must be drawn up in accordance with the organized document flow calendar. Also, this document must be drawn up in accordance with the legislation in force in the Russian Federation.

The assigned disciplinary liability should not violate the provisions of the Russian Federation, as well as various other regulatory documents.

Otherwise, the employee may appeal to the court and the labor inspectorate. If evidence of violations of the Labor Code of the Russian Federation is discovered, the judge will most likely be on the side of the plaintiff.

The power to punish specific offending employees is quite limited. If violations are detected, a fine or other form of punishment may be imposed.

Order to impose disciplinary liability in the form of a remark

Sometimes situations arise when an employee violates labor discipline for the first time or there are other reasons not to bring him to disciplinary liability in the form of dismissal or other similar drastic measures. In this case, it is possible to impose a disciplinary sanction in the form of a reprimand.

As in other cases, the format of an order to impose a disciplinary reprimand is regulated by law only in the area of permissibility of certain actions. The document itself can be compiled in various ways.

If the executive body, HR department employee or other employee does not have relevant experience, it will be necessary to familiarize yourself with the correctly compiled sample in advance. This way you can avoid making the most common mistakes.

In the form of a reprimand

At the moment, disciplinary action can be carried out by drawing up a special reprimand.

Such an action must necessarily be supported by an appropriately drawn up order, and must also be drawn up taking into account certain important points.

The written reprimand must include the following:

place of compilation;
date of formation;
reason for the ruling.

A reprimand may also imply some kind of disciplinary action. But it is important to remember that this kind of document, again, cannot violate the rights of the employee or the provisions of legal documents regulating labor relations.

As in other cases, it is strictly necessary to have an explanatory note, which must contain versions of what happened from the employee himself.

In the absence of such an explanation, issuing a reprimand will simply be illegal. Moreover, strict deadlines are established within which the explanatory statement must be drawn up.

A reprimand is never entered into - this is currently reflected in the rules for maintaining documentation of this type.

If an employee is dismissed for systematic violation of labor discipline, then when drawing up a dismissal order, it is necessary to mention all previously issued reprimands.

A standard reprimand should include:

full name of the organization where the specific employee is employed;
date of compilation;
number in the document flow;
full name of the document being compiled;
the position and surname, first name, patronymic of a particular citizen are reflected;
The grounds for issuing a reprimand are listed:
- memorandum;
- order;
- explanatory letter;
Signatures with decryption are required:
- executive body (director or other authorized person);
- the employee himself - a signature is required as confirmation of familiarization.

It should be remembered that usually the reprimand itself does not have any consequences. But it must be remembered that the presence of several such documents may become grounds for dismissal.

Therefore, an employee who values his job should avoid situations where it becomes legal to issue a reprimand of the type in question.

Is it possible to appeal it?

A distinctive feature of this type of document is the possibility of challenging it.

If an employee believes that the disciplinary liability imposed on him or the reprimand given to him is illegal, then he can appeal to a special commission on labor disputes. This point is reflected in the Labor Code of the Russian Federation.

To contact the labor inspectorate, you will need to follow the following procedure:

file a special complaint against your employer;
wait for the results of the relevant check;
If violations are discovered, the order will be canceled and the employer himself will be fined.

If you apply to the labor dispute commission, you will need to:

prepare an application for consideration of an individual labor dispute;
wait for the documents to be reviewed;
receive the commission's decision on the issue under consideration.

If the above authorities for some reason did not help, then you will need to go to court at the place of registration of the employer.

You can do this as follows:

prepare a statement of claim in a standard form;
take part in a court hearing;
receive a court decision.

It should be remembered that it makes sense to contact any of the above authorities only if there is a truly established fact of any violation of labor legislation.

The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not allowed (Part 4 of Article 192 of the Labor Code of the Russian Federation). These documents provide, in addition to those listed, other disciplinary sanctions for certain categories of employees. For example, in accordance with the Regulations on the discipline of railway transport workers, the employer can deprive the driver of the right to drive a locomotive and other rolling stock (clause 15 of the Regulations on the discipline of railway transport workers of the Russian Federation, approved by Decree of the Government of the Russian Federation on August 25, 1992 No. 621).

When imposing a disciplinary sanction, it is necessary to comply with the time limits established by the Labor Code of the Russian Federation. It 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 obtain the opinion of the trade union body (if it is created in the organization). For example, if an employee was late for work on March 12, and this became known only on April 16, he cannot be punished.

It is also necessary to know that disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit or audit of financial and economic activities, it can be applied no later than two years from the date of its commission. These time limits do not include the time of criminal proceedings. This is about collecting evidence. If six months have passed since the commission of the offense, and the evidence has not been fully collected, the employee cannot be punished.

For each offense, only one penalty can be applied (clauses 3, 4 and 5 of Article 193 of the Labor Code of the Russian Federation).

The employee has the right to appeal a disciplinary sanction to state labor inspectorates and (or) bodies for considering individual labor disputes (Part 7 of Article 193 of the Labor Code of the Russian Federation).

A disciplinary sanction is formalized by order. The following documents are required for its publication:

explanatory letter;
memorandum;
act (drawn up if the employee refuses to write an explanatory note).

Expert of the National Union of Personnel Officers Stella Ardatova comments:

There are certain requirements for the preparation of organizational and administrative documentation, which includes explanatory and memos. They are established by GOST R 6.30–2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Documentation requirements." If the organization has standard forms of documents for different cases, approved by local regulations, it is necessary to draw up these documents according to the forms approved by the organization.

An explanatory note is drawn up by an employee at the request of the employer, in which the offender provides in writing a reasoned explanation of the reasons for failure to perform any work, violation of established safety rules, labor regulations, etc. In Art. 193 of the Labor Code of the Russian Federation states: before applying a disciplinary sanction, the employer must require an explanation from the employee in writing. The explanatory note can be either written by hand or printed. It is written in the name of the manager and signed by the author (see example 1).

If the employee refuses to write an explanatory note, then, according to Part 2 of Art. 193 of the Labor Code of the Russian Federation, this is not an obstacle to imposing a disciplinary sanction.

The report is drawn up by the head of the structural unit based on the employee’s explanatory note. In addition to the actual text of the document, it indicates the name of the structural unit where its author works, the name of the type of document, the title, the person to whom the memorandum is addressed, and the date of preparation. The registration index is set if the memos are registered as internal documents. The author signs the memorandum.

Organizations also draw up memos. Currently, they are considered as an analogue of reports - only the name of the type of document changes, but the rules of execution remain the same (see example 2).

If an employee refuses to write an explanatory note, a report about this is drawn up. This document is in free form. It is signed by the organization’s employees who were present at the time of refusal. It is desirable that there be at least three of them (see example 3).

If the listed documents are available, the personnel service prepares a draft order for disciplinary action. The form of such an order has never been unified. In practice, it is drawn up in the form of an order for the main activity or according to the rules for drawing up unified forms of personnel orders.

Orders for core activities are issued on the organization’s general letterhead. Their text consists of a stating and an administrative part, which are separated by the verb “I order” (see example 4).

In the second case, the text of the order on disciplinary action begins with a verb, and it contains the attribute “ground” (see example 5).

It is preferable to use the second option, since this design differs from orders for the main activity and is closer to the design of orders related to primary labor accounting documents.

Penalties are announced to the employee against receipt within 3 days from the date of issue of the order. If the employee refuses to sign the order, a report is drawn up. It is drawn up in any form, in accordance with Part 6 of Art. 193 Labor Code of the Russian Federation.

The employer in accordance with Art. 194 of the Labor Code of the Russian Federation has the right, before the expiration of a year from the date of application of a disciplinary sanction, to remove it from an employee on his own initiative, at the request of the employee, at the request of the head of a structural unit or trade union body. The removal of a disciplinary sanction is also formalized by order.

Management issues an order for disciplinary action in the form of a remark if there are grounds for it - the employee’s guilt is proven. In order to punish an employee, you need to have a written justification for this, management must receive a report from the head of the department about the violation, an explanatory note from the employee, and also involve other documents in the consideration of this case that can confirm the employee’s guilt. Samples of explanatory and reporting notes can be downloaded.

Only if the opinions of all parties are taken into account can a decision be made about whether the employee needs to be punished with disciplinary action, and if so, what kind of disciplinary action. A reprimand is the most harmless type of disciplinary punishment. Information about this is not entered in the work book and may not be reflected in.

Reprimands are made to the employee for minor violations - small errors in work. If the violation is serious and entails consequences in the form of property damage, personal injury or loss to clients, then the disciplinary action may be more severe - a reprimand or dismissal, or both.

Below are two samples of an order - on a reprimand and a reprimand. We invite you to download these samples and adapt them to your needs.

How to place an order?

The requirements for drawing up an order to issue a reprimand or reprimand are standard for administrative documents. The text must include a reason for drawing up the document, as well as a list of instructions.

In order for the manager’s orders to be carried out, responsible persons must be appointed in the order - this may be a deputy manager or an employee of the personnel department, or another person.

The reason for imposing a disciplinary sanction and issuing a reprimand or reprimand is a brief indication of the violation that the employee committed - for example, due to the absence of the employee's full name from the workplace from XX.XX.XXXX to XX.XX.XXXX.

The manager’s orders are written after the word “I order”, including:

issue a reprimand (reprimand) to the employee (indicate position and full name);
appoint a responsible person who will ensure proper execution of the order.

First you need to understand the basic concepts.

Labor discipline is a set of rules in force at an enterprise. All employees must comply with them. This includes work rules, corporate ethics, labor protection rules, etc.

Also, for educational purposes, a warning order may be drawn up in connection with a violation of discipline. It is issued in cases where the employer has decided not to punish the employee, but to limit himself to an oral warning about the need to comply with the procedure established at the enterprise.

Sample order: warning about violation of labor discipline

Sometimes an employer who has shown loyalty to an offending employee may not draw up a separate order in relation to him, but limit himself to instructions affecting the entire staff.

Sample order on compliance with labor discipline

The citizen must be familiarized with the order and signed within 3 days. A copy of the order is included in the employee’s personal file.

If the employee refuses the request to sign the order, the employer will be required to draw up a corresponding act in the presence of two witnesses.

There is a limited period for imposing a penalty, which is equal to one month from the date of violation. After 6 months, no penalty can be applied.

Express your opinion about the article or ask the experts a question to get an answer

What is a reprimand

A reprimand is one of the types of punishment for violation of labor discipline provided for in Art. 192 of the Labor Code of the Russian Federation along with reprimand and dismissal.

Any of the penalties, including a reprimand, must be recorded by order in writing. In this case, the reprimand is not entered in the work book. The manager is obliged to familiarize the offending employee with the order against signature, otherwise such a document may be considered invalid. In addition, if disagreements arise, the employee will be able to challenge the reprimand in court.

NOTE! The reprimand is valid for 1 year. If during this time no other types of penalties are applied to the employee, the reprimand will be withdrawn. If an employee who has a reprimand again receives a penalty, the manager can fire him, guided by clause 5 of Part 1 of Art. 81 Labor Code of the Russian Federation.

If the reprimand was applied once and the manager decided to fire the employee, such actions by management will be considered illegal. This provision is confirmed by judicial practice, in particular the ruling of the Leningrad Regional Court dated 04/08/2010 in case No. 33-1467/2010.

Procedure for issuing a reprimand

A reprimand is issued in the following order:

establishing the fact of misconduct;
checking the possibility of issuing a reprimand (in particular, whether the statute of limitations has expired, etc.);
requesting an explanation from the offending employee;
issuance of a reprimand order.

IMPORTANT! The manager must give the employee 2 days to prepare an explanation about the incident that occurred (for example, about absenteeism) in accordance with the provisions of Art. 193 Labor Code of the Russian Federation.

Don't know your rights?

If the employee refuses to provide an explanation, the manager can still impose a penalty. However, in this case, an act on the absence of an explanatory document is drawn up.

In practice, material penalties are often used with the use of a reprimand - in particular, for the entire period of validity of the penalty, the employee may lose a bonus or other types of incentives.

This practice cannot be considered legal - the same article of the Labor Code states that several types of disciplinary sanctions cannot be applied for one offense. In particular, an employee cannot be reprimanded and fired at the same time. This does not apply to cases where damage was caused by an employee: the manager may demand compensation for damage and at the same time apply a reprimand, in accordance with the provisions of Art. 248 Labor Code of the Russian Federation.

The reprimand must be announced no later than a month from the moment the offense was discovered. In this case, the period should be calculated from the last day. For example, if an employee was absent for 10 days, then it is necessary to count from the 10th day (see the ruling of the Ryazan Regional Court dated April 25, 2007 in case No. 33-580).

How to issue an order to issue a reprimand for violation of labor discipline

Download the order form

There is no single form of order, but it must contain the following information:

Full name of the employee;
job title;
the department where the employee works;
committed misconduct with references to legislation, employment contract and/or local regulations of the company;
the circumstances of the offense and the severity of the guilt;
type of penalty applied.

You can find a sample reprimand for violation of labor discipline on our portal.

IMPORTANT! If the employee refuses to familiarize himself with the order, the manager draws up a report about this, which can then be presented in court as evidence (if the employee wants to invalidate the order).

Violation of the rules for issuing a reprimand order may result in the cancellation of the disciplinary sanction. Therefore, when drawing up this kind of documents, you should strictly comply with all legislative norms, including those governing the form and content of orders for personnel.