Reprimand as a disciplinary sanction. Art. 192 of the Labor Code of the Russian Federation
Not always passes without conflict. However, not all of them are resolved peacefully. In the whole range of relationships between employer and employee, the issue of discipline is considered the most important. Of particular importance in his decision are the personal qualities of the participants in the dispute. Meanwhile, the necessary mechanisms and mechanisms to keep the situation in the framework of legal norms.
If there is a basis, the employer may impose a disciplinary action on the employee. TK RFprovides for several measures of responsibility for employees. The employer can apply them in any order. The established measures arereprimandand dismissal. The latter is used for serious violations. In practice, managers impose the softest firstdisciplinary action. TK RFestablishes a specific procedure for the application of measures of responsibility. It is worth saying that many terms that were used earlier are not provided for in the current legislation. In particular, this refers to such a concept as "severe reprimand"Meanwhile, some managers continue to threaten its use. Employees should be aware that such a measure is like"severe reprimand", does not exist. The fact of dismissal is recorded in the workbook. The application of the remaining sanctions is recorded in the employee's personal card.
Art. 192 of the Labor Code of the Russian Federation is applied when an employee performs improperly his functions as defined in the Code, the contract, internal regulations and other regulatory acts. At the conclusion of the contract, the employee must familiarize himself with the local documents establishing his duties and responsibilities under the signature.Art. 192 of the Labor Code of the Russian Federationfixes the right of the employer to hold employees accountable. In practice, there is a certain order of measures.
Reprimand as a disciplinary sanction
The Code does not establish a clear list of violations for which this measure is applied. However in practicereprimand to employeemay be charged for serious, repeated or systematic violations. For example:
- Non-compliance with the Code. The employer may imputereprimand for hooky, for violation of TB, failure to perform duties, etc.
- Actions that are not prohibited by the Code, but act as a mandatory element of the relations of production. For example, a manager mayreprimandfor refusing to undergo a medical examination, training, etc.
- Creating a situation, the consequences of which was damage to the property of the organization. This may be a shortage or damage of material values. It should be noted that in the first casereprimand at workcan be applied within six months from the moment of detection of the violation. After this period, the employee cannot impose a sanction.
Usually,reprimand as a disciplinary sanctionfollows after imposing the mildest sanction. This has a certain practical meaning. The head, applying the first remark, has two main objectives. First of all, the employee is given a chance to improve. At the same time, the employer removes the risks of subsequent legal proceedings. It should be said that the Code prohibits the use of two sanctions for the same violation. This means that if the employee had a remark, then the reprimand was not imputed to him.
In the framework of legal proceedings, first of all, it is clarified the question of applying softer measures to an employee. 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 - the employee defending his rights. The court may regard the actions of the head who applied the measure of responsibility as disproportionate to the violation.
Fixing the violation
Before you publishreprimand, you must follow a certain order. First of all, the violation for which the sanction is imputed should be recorded. To do this, the immediate superior of the employee must provide the management of the company with a report (service) note. It describes the fact of non-compliance. The note describes the circumstances, the date of the event, the specific individuals who participated in it. In addition, the document should contain a phrase of this type: "In accordance with the above, I ask you to apply disciplinary measures to ...". The immediate superior of the violator may express his own opinion about the incident, but in a presumptive formulation.
It is worth saying that if there is a report, 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 to be more profitable in legal terms, since it must contain at least three names of employees who are members of one department. If disputes arise, they will be brought in as witnesses.
The act is issued arbitrarily. It contains the same information as in the memorandum, but without comments. The text begins with the phrase "We, the signatories below ... have compiled an act that ...". The document should contain the phrase that the violator was asked to give a written explanation of the event. It should be noted that the name of the culprit is necessarily present among the other persons signing the act. In this case, demanding the signature of the employee can not. Can only offer. The employee has the right to refuse to sign the document. In this case, the corresponding mark is put in front of his last name.
As mentioned above, the offender should be offered a written explanation.As with the signature of the act, it is impossible to require an employee to provide explanations. This is the employee's right. He may not use it. The right of the employer to request an explanation from an employee is established by 192, 193 articles of the Labor Code. These rules regulate the procedure for the actions of the head. The request to the employee to give a written explanation is set out in the notification. It is brought to the offender under the painting. After that, the offender must also respond in writing within two days. If the employee did not sign the notice, an act of this is drawn up.
Refusal to explain
After 2 days in the absence of a response from the offender, an act is drawn up. The specified period is provided for in Article 193 of the Code. You should not draw up an act of refusal to provide a written explanation earlier than 2 days from the date of reading the notification. Otherwise, this action may contribute to the decision in favor of the perpetrator if the proceedings are continued in court. After receiving the explanation and consideration of it, you can make an order of reprimand. It is worth saying that this document will be also drawn up in case of refusal to give explanations by an employee.The main thing - to comply with the deadlines.
Reprimand: sample of local act
The document is also drawn up in any form. However, you must follow a number of rules. The local act of imposing a sanction states:
- The sequence number of the document.
- Information about the manager and the employee.
- The reason why the employee receivedrebuke.The local act is drafted so that it is unambiguously clear why a sanction has been applied to the employee. The document describes misconduct without going into all the details.
The order must contain a link to the application. They represent all the documents that must be completed before approval (memorandum, acts, notification).
More about the design
The heading of the document must contain the name of the company. The number of the order is below. It is determined in accordance with the internal document flow. After that, the name of the document is indicated - the Order on reprimand ... (here the full name of the violator is given in full). The following briefly describes misconduct. For example, “To impose a penalty in the form of a reprimand for failure to fulfill the functional duties established in the employment contract, without a good reason” The wording depends on the nature of the violation.The order may contain various grounds for applying the sanction. For example, if a reprimand is announced due to systematic lateness of an employee, the acts testifying of this are indicated. These documents must contain specific dates, time. You can also reflect information about the presence / absence of a written explanation. At the end of the document is signed by the director of the organization, as well as the employee who committed the offense. Put the date of registration.
The fact of a reprimand is reflected in the employee's personal card (form T-2). Information about this sanction is not available anywhere else. butreprimand as a disciplinary sanctionnegatively affects the amount of bonuses, bonuses, and other additional incentives. However, even after imposing a sanction, the employee can correct the situation. If within a year after its receipt it will not break the rules, it will be removed automatically. In addition, a reprimand as a disciplinary sanction can be eliminated and early. This will require the petition of the employee and his direct supervisor. It should be noted,that such a situation is possible only with the loyal attitude of the perpetrator to the conduct of the internal investigation of the incident and in the absence of his refusal to give an explanation and signing of the acts.
Many employers are interested in whether it is necessary to enter the fact of systematic application of a reprimand to one employee in the workbook? As stated above, according to the general rules, information about dismissal is entered into this document. However, in practice, if for objective reasons the manager is forced to constantly reprimand the employee, this information can be included in the workbook. If the sanction was applied once, the document remains "clean."
In case of disagreement with the applied measure of responsibility, the employee may appeal against the decision of the management in court. For this legislation takes 3 months. The employee makes a statement stating the essence of the incident, indicates exactly what he disagrees with. The head of the company must assume that the employee will take such a step. However, as practice shows, reprimand, in contrast to dismissal, is hardly challenged in court.In any case, the probability of satisfaction of the claim of the employee will be minimized if there is documentary evidence of the actions taken by the employer.
If the reprimand was rendered unlawfully, and this is proved in court, the management of the organization faces administrative responsibility. It is established by Article 5.27 of the Administrative Code. Normally, sanctions are envisaged both for the enterprise as a whole and for a specific person. Individuals may be fined up to 5 thousand rubles, legal entities - up to 50 thousand.
Of course, the head of the organization must take measures to ensure proper compliance with the internal rules of the enterprise. It is not always possible with the use of diplomacy. However, the head must maintain a balance between sanctions and incentives, do not apply the law without a reason. Such cases of non-compliance with internal regulations, such as a one-time delay, non-fulfillment of the production task in the time allotted for this, negligence, accidentally admitted during the implementation of professional activities, do not have a significant impact on the process throughout the enterprise.Accordingly, such offenses should not always be immediately translated into grounds for imposing serious sanctions. In most cases, the employee perfectly understands the mistake he made. No one wants to be cornered. But with the application of the official penalty mechanism, this will certainly happen. The head of the company should strive to observe the "golden mean". In each case, you should collect explanations on the violations committed or draw up an act in case of refusal to provide them. With the accumulation of more than three such situations, it is quite legitimate to apply the penalty. However, in this case, the employee should hold a conversation. During the conversation, the head explains the motives of their actions and decisions. Of course, this should not look like an excuse. However, a brief summary of the situation with a further prospect of lifting the sanction will please the offender more than the articles of the Code allowing for the abolition of punishment.
After applying a reprimand, a manager has only one punishment - dismissal. An employee, in turn, needs to think about his behavior, assess future prospects.Reprimand can be considered the last argument, a way to bring the employee's actions in accordance with the regulations. Therefore, the use of this measure is justified only when an employee directly and openly violates the norms established by the Code and other legal documents. From all the above, we can draw the following conclusion. If there is a situation where the offense is not so serious as to apply the punishment, it is necessary to proceed from common sense and not impute sanction. If the employee was immune to conversations and continues to violate, it is necessary to use legal mechanisms.