Article of the Labor Code No. 192, No. 197-FZ. Disciplinary sanctions

In carrying out their work activities, employees sometimes have to deal with dishonest attitude towards the work of other colleagues. When misconduct or violation passes all the limits of what is permitted, a disciplinarian must be imposed on the offender. Article of the Labor Code No. 192 regulates in more detail what types of penalties are and how to apply them correctly.

The concept of

Most managers are not serious about the system of punishments that are applied in the organization. Often the punishment itself is subjective in nature and does not correlate with the gravity of the perfect deed, without taking into account the circumstances. However, the application of such measures does not comply with the law.

There are organizations that have an incomprehensible system of rewards and punishments, which is not documented. In this case, fines are superimposed on words, without a clear formulation. Moreover, some bosses abuse their authority and manipulate employees, promising to punish them. It is important to remember both sides of the labor process that such actions are illegal, and if the management decided to punish the employee, then this should be documented and the legislative provisions should be followed.

If we take into account that a disciplinary punishment is a punishment of an employee for non-fulfillment of his labor duties, then the head must still prove that the employee did nothing or behaved incorrectly in the workplace.

Observance of 197-FZ is the most important rule in labor relations.

Kinds

Russian law allows the application of several types of disciplinary punishment that can be applied to a guilty employee. These include:

1. Comment.
2. Rebuke.
3. Dismissal.

Other types of punishments (cancellation of premiums, penalties) the chief has no right to apply, if they are not prescribed in the organization's regulatory documents. There are companies that use other penalties. But again, each of the possible punishments must be indicated in local acts and not contradict the law.

The main disciplinary penalties are specified in art. 192 of the LC RF.

Application

In order to require the employee to perform work duties, they, in the first place, must be registered in the employment contract. Also, the employee should be familiar with the job description for painting and other internal documents that may affect the work process.

And if the employee does not comply with these requirements or violates the work schedule, Article of the Labor Code 192 provides for punishment.

Disciplinary sanctions are applied in the following cases:

• When the employee commits acts prohibited by the job description or other internal local acts;
• When the employee does not perform his direct duties, orders of the chief, etc .;
• When the employee periodically skips work, is late, appears on a workplace in alcoholic or narcotic intoxication.

Decor

In order to apply the disciplinary penalty in accordance with the law, you must adhere to the following algorithm:

1. Document the fact of the violation documented. These documents include: an act (for example, an act of absence from the workplace), a report (for example, a violation of the deadline for the surrender of work), a decision of the Audit Commission.
2. Take an explanatory note from the employee. In it, he must indicate the reasons for which the labor discipline was violated. If this document is not submitted within a few days, it is also fixed by a special act. The very requirement to present an explanatory is better to formalize in writing and to give the employee an opportunity to consult the signature. The refusal to sign the receipt of a request is also documented. The requirement in writing and the absence of an explanatory note are sufficient grounds for imposing penalties. If the explanatory is presented, the employer has the right to make a decision after its consideration. Disciplinary punishment is not applied if the reasons given in the explanatory are sufficiently valid and respectful. In other cases, even a note with explanations can serve as a reason for recovery.
3. Issue an order. Which of the three types of disciplinary punishment to choose, the employer decides, taking into account the evidence presented or their absence. The order on imposing the penalty must be prepared and communicated to the employee within 3 days (necessarily under the signature). This document should include: full information about the employee, the nature of the incident that caused the punishment (it should specify the points of regulatory documents that are violated), a description of the violation, indicating the severity and guilt of the employee, the type of punishment, the grounds for recovery (documents where A violation has been fixed). If the employee refuses to sign the order, it is necessary to draw up an appropriate act.
4. Record the personal file. If the penalty is a reprimand or a remark, the employer, at his discretion, can add these facts to the personal file of the employee, they are not recorded in the work record. If the matter has reached the point of dismissal, then the process is accordingly drawn up in accordance with the law with the entry of an entry in the employment form for a particular article.

Imposing disciplinary punishment is a scrupulous process, and it is very important to observe all the nuances prescribed by law.

Timing

In order to make a penalty for a committed offense, 30 days are necessary. During this time, evidence of guilt must be collected and an order issued.

But even disciplinary sanctions have a statute of limitations:

• If the violation is found by direct management, the punishment can be executed within six months from the moment of committing the misconduct;
• If the violation is identified by an audit or audit, the time limit increases to two years.

These periods do not include periods in which the employee was absent for valid reasons.

How to remove foreclosure

A disciplinary act can be punished by the employer, but the boss can also cancel the punishment, or it can be canceled automatically.

The recovery can be canceled ahead of schedule, if the employee himself so requests, or he will be petitioned by the immediate supervisor before the higher management. In case of transfer of an employee with recovery to another position, the punishment is automatically canceled. Early termination of punishment should be formalized by an order with which the employee gets acquainted with the signature.

According to 197-FZ, automatic termination of collection occurs 12 months after its imposition. The only condition is that the employee should not receive repeated penalties.

Consequences for the employee

If an employee has penalties, the head may deprive him of a premium, either partially or completely, not to pay incentive allowances, etc.

In case of repeated or systematic violations, the employer, relying on Art. 192 TC, can dismiss an employee for an article.

How to apply correctly

As for the disciplinary penalty in the form of dismissal, then the employer should be particularly careful not to break the algorithm of the whole process as a whole. In this case, the article of the Labor Code 192 should be applied with extreme caution. You can dismiss an employee only if you have comments or reprimands. And for the same violation for the second time you can not punish.

It requires scrupulous preparation and execution of all documentation. In order to avoid further misunderstandings between the parties, the employee's duties for the employee must be properly assigned. And if the employee has a new duty, it, first of all, must be documented.

Local acts, job descriptions, labor contracts, working schedules should be properly drawn up and include the entire list of duties of the employee. At the same time, with each of the listed documents, he must be acquainted with the painting.

If a document is drawn up incorrectly, this will create difficulties in imposing penalties.

Violation by the organization

In the event that the punished employee does not agree with the recovery, he may complain to the labor inspectorate. If violations are detected, the head of the organization can be held accountable.

Based on this, the employee has the right to recover in the workplace, as well as receive compensation from the employer. The employer, in turn, will incur costs associated with court hearings, inspections of the labor inspectorate, the prosecutor's office, payment of expenses for the services of lawyers, etc., just as if the Customs Code of the Russian Federation is violated, the company may damage its reputation and lose credibility Other employees.