Each employee is obliged to fulfill the duties assigned to him, which are prescribed in the employment contract and job description. Otherwise, he may be brought to a special type of legal liability, which is called disciplinary.
Definition
The employee’s duty to punish for violation of the organization’s rules of procedure, the terms of the employment contract or job description is disciplinary responsibility. The Labor Code of the Russian Federation indicates that the employee will be charged with misconduct, which proves the fact that he neglects the official duties entrusted to him.
Main aspects
If an employee does not fulfill his official duties, then in this case disciplinary liability arises. The Labor Code of the Russian Federation provides here for the application to an employee of one of three types of penalties:
- remark;
- reprimand;
- dismissal.
This type of responsibility may indicate partial or complete non-performance by a citizen of official duties. It is divided into two types:
- general, when a person violates the norms of the Labor Code;
- special, if those rules are not followed that are established by the organization’s management and fixed in the charter, but do not contradict the Labor Code of the Russian Federation.
Types of Violations
There are several of them:
- the use of official time by the employee at his discretion, for example, absenteeism and lateness;
- disobedience to the management of the company, which includes failure to comply with orders and instructions;
- improper operation of organization equipment;
- immoral behavior - coming to work while intoxicated, non-observance of labor protection rules, etc.
In this case, the head of the enterprise has the full right to bring a person to this type of punishment as disciplinary liability. The Labor Code of the Russian Federation provides for the application of a certain penalty, which may be in the form of:
- comments;
- reprimand;
- layoffs.
The last of these three is used extremely rarely when the manager can no longer keep at the enterprise a person who neglects labor discipline for the first time. Therefore, the prosecution of an employee in this case is simply a necessary measure in order to make him more responsible with his duties.
Procedure
For non-compliance with the job description and other conditions of official activity in the organization or internal rules , disciplinary liability arises. In this case, the Labor Code of the Russian Federation has established only three types of penalties that must be correctly applied in order not to violate the law.
Example: a citizen was late for work for three hours, explaining that he stood at a bus stop for a long time and could not wait for public transport. In this case, this will not be a good reason, because the rest of the employees, even without a personal car, arrived at the organization on time. The personnel specialist, having discovered the absence of the employee, must do the following:
- draw up an act in form (it must be signed by several persons);
- acquaint the employee under signature with him, and then make a note about it;
- register a document.
Documentary evidence of violation of labor discipline is issued as follows:
- it is necessary to obtain from the immediate boss of the person who arrived at the organization late, a memorandum, and attach to it a completed act;
- register the received data in a special form and assign a number to the document.
Types of punishment
Article 192 of the Labor Code of the Russian Federation provides for the application to an employee who in bad faith performs the duties assigned to him of the following disciplinary sanctions:
- remark;
- reprimand;
- dismissal on certain grounds.
In this case, only the head will decide what punishment for violating the rules of the routine can be assigned to a citizen. Dismissal applies only in exceptional cases.
Such a disciplinary sanction, such as a remark, can be applied to a citizen who does not perform his duties professionally enough, especially if this fact is confirmed by a complaint of the client.
Example: an employee had to install double-glazed windows in the apartment of a regular buyer of windows, but due to the fact that he arrived after the scheduled time, he could not complete all the work in one day. The client was unsatisfied and wrote a complaint. In this case, the disciplining of an employee is simply inevitable, because he undermines the authority of the organization by his illegal actions.
Penalty in the form of a reprimand is considered more stringent. Usually it is used when a person repeatedly neglects his duties, for example, he is systematically late for a hardware meeting, does not follow the instructions of the leadership, and does not completely complete his work.
The last type of disciplinary action here will be the dismissal of an unscrupulous employee, but only for objective reasons, which must be confirmed by the relevant act.
Example: a citizen did not come to work due to the fact that he became ill, and reported this to the management. After leaving, he did not provide the chief with official confirmation of this fact, and there was no written explanation from him either. Accordingly, an act and an order were drawn up to bring the employee to disciplinary liability for absenteeism with further termination of the employment contract, which in this case is absolutely legal.
Failure to comply with the work schedule
In this case, neglect of the terms of the contract and their unfair performance will be the main reason for the disciplinary liability of public servants. Because compliance with the rules of the office is their main duty.
The disciplinary responsibility of civil servants is to impose sanctions on them of the following types:
- remark;
- reprimand;
- warning of incomplete compliance;
- dismissal;
- dismissal on certain grounds (absence from work, drunkenness, disclosure of secrets protected by law, destruction or theft of documents, other property).
In this case, penalties for misconduct for these persons are provided for by federal laws, various acts of ministries and departments. In addition, the disciplinary liability of officials is one of the measures of state coercion necessary to ensure that all employees in government do not violate their professional duties and increase the level of intellectual ability.
Features
Bringing an employee to disciplinary responsibility contributes to the formation of a certain framework of behavior and a more serious attitude to work, because otherwise he will simply cease to comply with the terms of the employment contract and the rules of the organization. In addition, a person begins to fulfill his duties more efficiently.
Article 192 of the Labor Code of the Russian Federation contains several types of disciplinary sanctions, which the employer has the right to apply to an unscrupulous employee.
Any boss who wants to teach a guilty employee a lesson should follow a few rules:
- a remark, reprimand or dismissal may be appointed no later than one month from the date of discovery of the misconduct, taking into account the time of sick leave, vacation or other absence for good reason, but not later than six months;
- in each case only one of the specified types of punishment can be applied to a person;
- the employee has the right to appeal the decision of the management;
- if during one year of labor activity a person has not committed violations, that means that he does not have any more penalties.
Order
In the event that the head decided to apply disciplinary sanction to his subordinate for non-performance of official duties, this must be recorded in writing by issuing an order. Then familiarize the employee with him for a signature for three days.
The order for disciplinary action is drawn up as follows:
Name of company______________
00.00.00 years, the city ___________ No. ________
"About _________"
Due to the fact that the employee ___________ was noticed at the workplace while intoxicated, I order:
- declare a severe reprimand;
- deprive the premium for April in the amount of _______
Base: art. 192,193 of the Labor Code, memorandum of a senior specialist in the sales department ________.
Director _________ (signature)
Familiarized with the order ___________ (transcript)
Grounds
The legislation provides for a certain type of punishment for the improper performance of official duties by an employee, which is manifested in the form of the application of disciplinary measures. Of course, not every leader will punish a guilty subordinate in this way, but, as practice shows, this method is the most effective, because not every boss can look at constant delays, an incomplete report or project, etc.
Violations of the work schedule committed by the employee are considered as grounds for disciplinary liability. In addition, non-compliance by the employee with the terms of the contract and the job description implies the presence of his guilt, which leads to punishment in the form of a remark, reprimand or dismissal.
Also, the manager should not forget that holding an employee liable for violation of discipline is possible only within one month and no later than six months.
What measures are better to apply
After the employee, through his illegal actions, violated the order of work in the organization, the head can apply a disciplinary sanction to him. Labor Code of the Russian Federation provides for it in the form of:
- comments;
- reprimand;
- dismissal (last resort).
In practice, employers try to punish their subordinates financially by depriving them of bonuses. In order to avoid unnecessary troubles with the law, they do not document the person’s misconduct, because in case of incorrect actions of the leadership, liability is also provided. A disciplinary offense is simply not recorded in writing and the order is not drawn up.
In the event that a citizen commits an offense in the performance of official duties, which affects the interests of not only the employer, but also other persons, a punishment in the form of holding him liable may be imposed.
Example: an employee was hired as a driver and transported building materials to another contractor. Once he violated the traffic rules and had an accident, thereby severely damaging the car of the employer and another driver. In this case, the employee will be fully liable.
KOAP
What is the administrative punishment of an employee, not every boss knows, because this concept is not provided for in the law. Nevertheless, there is such responsibility for the head himself, and it is indicated in Art. 5.27 Administrative Code of the Russian Federation. In this case, administrative punishment against the employer as an official can be applied only by state bodies.
Arbitrage practice
A citizen was brought to disciplinary liability for the fact that once arrived at the wrong time for work, explaining this by the fact that he could not wait for public transport. Three hours have passed since the start of the shift. In connection with this circumstance, the employer decided to dismiss him, not wanting to apply another disciplinary sanction. The Labor Code of the Russian Federation provides for the termination of a contract with an employee only on legal grounds. The employee was forced to go to court.
From the materials of the case it follows that the head did not even record the fact that the employee was absent in the prescribed form, nor did he take a written explanation from him.
In addition, less than four hours have passed since the start of work, which means that the boss simply did not have grounds for dismissing a citizen for absenteeism. The head also illegally collected a fine from the employee for an untimely report, which completely contradicts the norms of the Labor Code.
The court in the decision indicated that administrative and disciplinary liability are completely inconsistent with each other and relate to different areas of the law. Therefore, the head did not have the right to impose a fine on the employee. In addition, the fact of termination of employment with an employee was unlawful. Citizen reinstated at work with compensation.