Public civil servants may work in various government bodies. They must properly cope with their main responsibilities, taking into account the requirements of the law. If they violate certain conditions created at the duty station, disciplinary action may be taken against government civil servants. The basic rules for the application of this type of punishment are provided for by the provisions of the Federal Law No. 56. It is indicated here that if labor discipline or internal regulations are violated, the employee may be held liable. She is represented by a remark or reprimand, as well as forced dismissal or a warning that the specialist does not fully correspond to the position.
Reasons to attract
The procedure for applying disciplinary liability to civil servants is the need for strong reasons for the implementation of this process. They must be represented by various serious violations. The head is obliged to correctly register such violations.
The disciplining of civil servants is possible for the following reasons:
- refusal to perform their duties;
- commission of any disciplinary violation;
- irresponsible attitude to official duties;
- absenteeism without good reason;
- immoral behavior during work;
- systematic lateness in service;
- coming into service while intoxicated, which may be alcoholic or narcotic.
The above situations should be correctly documented by the direct head of a particular state body. Additionally, the disciplinary liability of a public servant for corruption offenses may be applied, but only in conjunction with criminal and administrative liability.
What actions are taken to punish an employee?
It is the head of a particular state institution that should bring to disciplinary action state civil servants. To do this, a certain sequence of actions must be followed:
- any violation is initially revealed by the immediate supervisor of a particular employee;
- the memorandum is transmitted to the head of the state institution;
- an order is issued on the basis of which an internal audit is carried out ;
- the main purpose of such an audit is to clarify the main circumstances of the violation;
- a civil servant is required to provide an explanatory note in writing, where he must talk about the reasons for a specific violation or an unfair attitude to his official duties;
- if a serious violation is really established by the employee, then a decision is made on the need to bring him to disciplinary liability;
- for this, the management issues an appropriate order containing information on what penalties will be applied to the violator;
- an employee must sign on this order;
- the order takes effect.
After completing these steps, the violator is held accountable. It can be presented in different forms, so the circumstances of the violation, as well as its consequences, are taken into account.
Timelines for disciplining civil servants
According to the law, it is possible to use various measures of influence on negligent employees within a month after they have committed any violation or after identifying this misconduct.
The explanatory note must be prepared by the employee within two days after the manager requests this document. Even if a person simply refuses to compile this document, he will not be able to get rid of the consequences of his misconduct.
An extension of the period during which an employee can be punished is allowed. This is due to the fact that the following periods are not included in this period:
- the time during which the employee is officially on sick leave;
- the period when a citizen is on vacation, and he can be a standard paid or unpaid;
- time of absence of an employee in the workplace if there are good reasons.
If the head of the organization misses a period during which you can bring an employee to responsibility for various violations, then you will not be able to take advantage of the punishment.
Types of punishment
Types of employee disciplinary liability are not too numerous. These include:
- remark applied in case of simple and non-serious violations by a citizen;
- rebuke;
- dismissal used only for the most serious misconduct.
When choosing a specific type of punishment, it is taken into account what is the specificity of the employee’s work, as well as what consequences his misconduct led to. All the circumstances of the detected violation are assessed, since there is a likelihood that certain actions by a person were committed unintentionally or under duress.
Since the disciplinary measures of state civil servants can be different, it is the head of the enterprise who chooses the optimal type of punishment. It is documented, for which a corresponding order is issued. The application to a citizen of various penalties must be indicated on his personal card.
If the most serious disciplinary measure of state civil servants, represented by dismissal, is used, then the necessary information is additionally entered into the citizen’s work book. Usually, dismissal is used with regular absenteeism or when coming to the service while intoxicated. Such violations must be officially recorded by the employee manager.
If a person fails to fulfill the tasks or has performed poorly, which has led to negative consequences for the state institution, then any punishment can be used. If such actions led to the fact that people suffered physical or material damage, then the employee will certainly quit.
Legislative regulation
Features of the disciplinary liability of civil servants are listed in the following regulations:
- Federal Law No. 79, containing information on all the nuances of the civil service in Russia; Federal Law No. 56 indicates the possibility of holding violators accountable;
- Art. 192 of the Labor Code includes a ban on the use of different types of punishments against civil servants, if there are no good reasons for this, officially fixed by the employer.
The leaders of various government agencies should be responsible for their responsibilities in holding employees accountable. If such actions violate the rights of citizens, they will be able to turn to a court for protection. In this case, the punishment may be canceled, and if at all the person was forcibly dismissed, then by decision of the court he can be reinstated at the duty station.
Popular bugs
When disciplining civil servants, employers often make different mistakes. The main errors include the following:
- A period is missed during which you can take advantage of the punishment, but the manager will still hold the employee accountable one month after the detection of the misconduct, although such a punishment is easily disputed in court.
- The head draws up a citizen’s dismissal before receiving an explanatory note from him, and if it turns out that absenteeism or other serious misconduct is due to good reason, then the director will have to cancel the sentence.
- An internal audit, necessary to establish the guilt of a particular employee, takes more than one month, although by law this process cannot last longer than 1 month, and it is not allowed to extend it for various reasons.
The above problems of disciplinary responsibility of public servants should be taken into account by the management of the enterprise. In this case, violators can be officially punished, taking into account their rights.
The nuances of the process
Features of the disciplinary liability of civil servants are as follows:
- if the employee does not want to get acquainted with the contents of the order, on the basis of which he is held accountable, then a copy of this document is sent by mail to the citizen's address, for which a registered letter and a notice of delivery are used;
- if an explanatory note is not drawn up by the employee, then the manager makes a suitable act in which the witnesses sign;
- even if there is no explanatory note or other documents from the employee, this cannot be grounds for refusing to hold him accountable.
The head of the enterprise should know that for the legal punishment of an employee requires strong evidence of his guilt for a particular misconduct. Otherwise, the disciplinary liability of civil servants may be challenged in court.
What violations are especially serious?
Some offenses are considered especially serious, therefore not only dismissal, but even criminal or administrative liability may be provided for them. These include:
- violation of legal requirements;
- failure to comply with the actions stipulated by the decree of the President;
- neglect of their duties.
Violation can be considered not only the implementation of redistributed actions, but also inaction on the part of the employee. For serious misconduct, citizens will not be able to get off with just a simple remark or reprimand. Often, such actions lead to the fact that a person is removed from his post or is forced to make a letter of resignation at will.
When does administrative responsibility apply?
The disciplinary responsibility of civil servants may be combined with administrative responsibility. Typically, punishments under the Code of Administrative Offenses are provided for various serious misconduct, and a certain measure is appointed not by the head of the organization, but by a judge or other persons with the necessary powers.
For administrative violations, completely different types of punishments apply. These include a large-scale monetary fine, a warning, or even disqualification. In the latter case, not only the employee is removed from his post, but also a ban is imposed on the occupation of similar posts for a certain period of time. A fine of up to 50 minimum wages if the offender is an official. The specific punishment and the amount of the fine is determined only by the court after studying all the circumstances of the revealed offense.
The nuances of using liability
Punishment for employees may be imposed as part of liability. In this case, the citizen will have to reimburse the losses incurred by the state institution as a result of its illegal actions. Even if the offender writes a letter of resignation, he is still legally required to compensate for the damage.
Employees are held liable for the following reasons:
- a deficiency of property belonging to the enterprise is revealed, and there is also evidence that it was destroyed or stolen by a particular citizen;
- bringing material assets into an unsatisfactory state by incorrect actions;
- spending of public funds for personal purposes.
The amount of compensation to be paid by employees depends on the value of damaged or lost property. The costs associated with the transportation, installation and commissioning of new equipment are taken into account. Liability can be not only full, but also partial.
Criminal liability
The disciplinary liability of employees is considered the simplest, since it provides for not too serious penalties. If an employee has committed an offense with signs of a criminal offense, he will be prosecuted on the basis of the provisions of the Criminal Code.
Criminal liability is provided for the following crimes:
- abuse of authority;
- sheltering important information from management;
- abuse of authority;
- receiving or giving a bribe;
- the appropriation and use of other people's powers;
- illegal business activities;
- negligence during the performance of duties;
- forgery.
The punishment for the above actions may be a large fine, imprisonment or altogether imprisonment. Therefore, employees should be responsible for their obligations in the service. Otherwise, they may not only lose their main place of employment, but also face more serious negative consequences.
Conclusion
Civil servants may be disciplined for misconduct. She may be represented by reprimand, dismissal or remark. The specific type of punishment is chosen by the direct head of the state institution.
In some circumstances, employees may be held criminally, administratively or financially liable. Therefore, every person working in a public institution should be responsible for their duties.