What is the term of disciplinary action? The term of disciplinary action is ...

Labor relations do not always go smoothly. Employees, for various reasons, accomplish misconduct associated with the performance of work duties. In this case, the employer applies disciplinary measures to the employee. Most often this remark or reprimand, but sometimes it comes to dismissal. There are other ways to punish the guilty staff representative. The term of a disciplinary penalty is one year if it is not withdrawn earlier, or the employee will not be subjected to another punishment.

What is disciplinary punishment?

In the process of work, the employee is required to perform the duties assigned to him, to keep the employer's property and to observe the established schedule. In case of non-observance of these requirements, the employee is punished. The term of disciplinary action is one year, and it is imposed for the misconduct associated with labor activity.

Disciplinary offenses include:

• Non-fulfillment of official duties;
• Negligent or incomplete performance of the assigned work;
• Non-observance of the established labor schedule - delays, absenteeism, leaving the workplace ahead of time;
• Damage to the property of the employer;
• Disclosure of trade secrets;
• Violation of safety rules regardless of the consequences;
• Non-observance of instructions for the use of equipment;
• Refusal to upgrade qualifications or training, if this is stipulated by the job description or the standard of the profession.

Depending on the sphere of activity and the specifics of production, the procedure for applying disciplinary sanctions and the list of violations will also change. They must necessarily be prescribed both in the collective labor contract, and in individual instructions for posts and types of activities.

Types of disciplinary sanctions

If we take labor legislation as the basis , then disciplinary sanctions include:

• Dismissal;
• rebuke;
• comment.

It is in such a very simple formulation, they must be inscribed in the appropriate order. Inexperienced employees of personnel services sometimes change their names, in this case the employee may appeal the order, stating that only one of the list is a disciplinary sanction. And the commission on labor disputes in this case will be on the side of the staff.

What is not a disciplinary offense

Not all kinds of violations can be attributed to disciplinary offenses. Sometimes employees do not perform their duties, fearing punishment from management. It should be remembered that any labor function should be spelled out in the contract. Disciplinary sanctions include reprimand and reprimand, and they are applied for the violations already noted.

It is not a disciplinary offense and is not subject to recovery:

• Refusal of an employee to fulfill a personal mandate of the employer;
• Disagreement of the employee to conduct public work, including absences for subbotniks, demonstrations and rallies;
• Refusal of additional work, if this duty is not specified in the contract;
• Disagreement of the employee to perform actions that are contrary to the law;
• Refusal of any work not directly prescribed in the employment contract;
• Strike if it is conducted in accordance with the norms of the law.

The procedure for imposing foreclosure

Punishment of an employee requires the observance of clear rules. It has already been mentioned above that disciplinary action is A reprimand or a remark. But the dismissal is not applied as often as other types, but it requires a much greater responsibility from staff personnel.

To comply with the law, the following procedure for applying disciplinary sanctions is applied:

1. Execution of documents proving the fact of committing an offense. This is a laborious, but an indispensable step. It is necessary not only to know about the violation, but also to be able to prove its fact. The testimony of two or more members of the work collective, recordings of surveillance cameras, written complaints of clients, expert evaluation can be used as a basis. An act on finding or committing a violation of labor discipline is necessarily drawn up . With him, the employee gets acquainted with the signature.
2. An employee will be required to take an explanatory note from the employee for whom the penalty will be imposed. This document is necessary for various reasons. The employee is given a chance to justify himself, and maybe the reason will be recognized as valid. Perhaps mitigating punishment or revealing new facts. The employee may not give a written explanation. In case of his refusal, an appropriate act is drawn up.
3. Drafting of the draft order. He wears a free form. But on the disciplinary penalty dismissal issued a unified order to terminate the employment contract.
4. Signing of the order by the head and bringing it to the attention of the employee. If an employee refuses to leave a signature, it is necessary to draw up an act and make a note in the document.

It should be remembered that a disciplinary sanction is applied not later than six months after the violation was committed and not later than a month from the date of its discovery. The calculation of this time does not include days of vacation, illness, business trips, and all other periods of time when the employee was absent from the workplace for a good reason. In addition, the time of consideration of documents on recovery by a representative body or a trade union is taken into account.

It is important to know that one kind of punishment can be imposed on an employee for one offense. It is unacceptable to first expose an employee for reprimanding him, and then dismiss him for it.

Records of recovery are stored in a separate folder, aside from other papers on the staff. The period of their storage is the same as the usual term of the penalty, at the end of the action, all acts, letters, explanatory and memoranda and orders, are subject to destruction. In a personal file, you can attach copies, but when you finish them you should delete them.

Term of disciplinary action

The term of disciplinary action is 12 months from the date of issuing the order. If the employee commits another offense, then this period is extended until the end of the last.

The extreme penalty for an employee is dismissal. In this case, the disciplinary action is unlimited and can not be canceled by the administration. However, the Labor Disputes Commission may terminate it and reinstate the employee in office. A dismissed employee may be re-admitted to an enterprise in another unit and on other terms, in which case he is deemed to have no penalty.

The disciplinary action may be terminated early. However, it is not recommended to reduce it by less than six months.

The order for imposition of disciplinary punishment - what is the difference from other types of orders on personnel

To the employee who has committed a misdemeanor, disciplinary punishment is applied in the form of a remark, reprimand or, as a last resort, dismissal. Various documents are issued: protocols, acts, reports and explanatory notes, letters of complaint, etc. But the main thing is the order.

Most documents relating to personnel are unified. They are reduced to a uniform form, for convenience and simplification of work. However, orders for reprimands or remarks are issued freely. This is due to the fact that it is not possible to bring all the violations to a single view, they are specific for each organization.

Early removal of foreclosure

Usually the period of disciplinary action is one year. But it can be reduced:

• On the personal initiative of the employer;
• On the personal application of the employee;
• On the petition of a trade union or other representative body;
• At the personal request of the direct head of the employee.

The employer may at any time apply early termination of disciplinary action. The sample of the order or order will be similar to other un-qualified personnel documents.

An employee can himself ask for an early withdrawal of a remark or reprimand. In this case, they write a memorandum, and a statement is attached. The same documents are issued by the trade union and the head of the unit. In the event of early removal of the penalty, it will be considered that the employee did not have it. All supporting documents are destroyed.

Appealing of disciplinary punishment by the personnel

The employee has every right to appeal. To do this, he should apply to the district commission for resolving labor disputes. Further consideration of the case may be submitted to the prosecutor's office or the court. If the employer made gross mistakes in the execution of documents, or issued any stage of attention, the court decision will be on the side of the employee. If the collection is declared invalid, all documents on it shall be destroyed. If the employee was dismissed, he is reinstated in his previous position. In this case, he is paid compensation for all days missed at work in the amount of average earnings.

The dismissal is an extreme measure of disciplinary punishment

Of the three types of disciplinary punishments, dismissal is perpetual and often irreversible. Apply this penalty usually in the extreme case, when the misconduct of the employee is incompatible with the further performance of his official duties.

The offenses leading to dismissal may include:

• A single gross violation of the prescribed labor discipline and the rules of the working order;
• Absenteeism without good reason;
• The absence of an employee in the workplace for four or more hours without good reason;
• Actions that entailed injuries or fatalities;
• Damage to the employer's property , including those related to insufficient competence;
• Theft in the workplace of both the property of the employer and other employees, in addition, in this case, a criminal case may be instituted on behalf of the enterprise;
• Administrative violations that do not directly affect the work, but worsen the company's image;
• Actions that discredit the employer;
• Dissemination of confidential and classified information;
• Gross non-compliance with work ethics and subordination;
• Direct refusal to perform the official duties prescribed in the contract;
• Participate in the strike, without observing the procedure prescribed by law.

At dismissal for misconduct or other guilty action, the employer should approach to registration of the documentation as much as possible responsibly. In this case, there is a clear conflict of interest, and the employee can consider such a measure of punishment unlawful. In case of violations of the procedure for imposing the penalty, it can be reinstated in the posts by the courts or the labor inspectorate.

First of all, staff members should prepare testimonies confirming the guilt of the employee. It should be two or more members of the work collective, and they must be witnesses of misconduct. Documented expert opinions will be useful. Also, use any supporting misconduct, technical materials: recording from CCTV cameras, auto-registration indicators, photos of the workplace with date and time.

The employee should always request a written explanation of the misconduct. This document, together with others, is sent to the representative body for consideration. They must decide on the lawfulness of imposing punishment in the form of dismissal.

The last document forms an order or an order, its form is unified. A corresponding entry is made in the work record book, with the wording from the labor code and an obligatory reference to the article.

Consequences of disciplinary punishment for the employee and employer

All measures of disciplinary punishment inflict on the personnel not only economic, but also psychological harm. After receiving the first comment, there can be a significant decrease in labor enthusiasm and even greater deterioration in performance.

However, such a negative incentive may be positive in the future. The employee begins to take a more responsible attitude to the production process, monitors the working regime and improves his skills.

The employer should assume how to reflect this or that type of punishment in the production process. Do not punish workers for the slightest minor misconduct. Late for a couple of minutes is an occasion to express dissatisfaction, but not so weighty to make an official reprimand. As a result, the employer who abuses punishments has a bad reputation in the labor market, and it becomes more difficult for him to find new employees.

Disciplinary action has an effect on both the employee and the organization. Employees should understand that this measure of impact is often forced and almost always temporary. With further observance of the discipline, the term of the punishment will be a year, and maybe less.