Removal of disciplinary action ahead of schedule: procedure

Penalties are required to increase a sense of responsibility for one’s actions. In addition, this allows you to observe labor discipline. They are usually used as a last resort to malicious violators. In the labor sector, this affects the size of the salary, which encourages the employee to improve the quality of work. Often the procedure for removing disciplinary action ahead of schedule is applied. Her order is presented in the article.

General Provisions

The order of discipline by employees and measures of responsibility for violations are described in Section VIII of the Labor Code of the Russian Federation. Art. 192 states that the violator is called in 3 ways:

1. Reprimand.
2. Make a comment.
3. Fired for negative reasons.

These are disciplinary measures. There are no other options. There is only a special responsibility that applies not to all employees, but to certain categories of employees. For example, if such disciplinary measures are applied to the military, he is not entitled to rewards. Encouragement can only be a penalty.

Special disciplinary liability

In relation to employees of commercial institutions in which the norms of the Labor Code of the Russian Federation are in force, these measures can also be used. The manager has the right to deprive the employee of a bonus. For secondary punishment, dismissal under paragraph 5 of Art. 81. The law of the Russian Federation.

In some companies, when creating bonus provisions, conditions are introduced according to which the bonus is issued only in the absence of a claim. But this can be included in the employment contract. The penalty is valid for a year, therefore, a bonus is not issued to the offender.

Causes

A disciplinary sanction is assigned for:

1. Disciplinary misconduct.
2. Violation of the employment agreement.
3. Unfair performance of duties.

Measures are taken for one or more of these reasons. A disciplinary commission is appointed as the head, who, after studying the circumstances, selects a suitable penalty. The causal relationship of the punishment is taken in agreement with the team. But the leader can decide the issue independently, taking into account the norms of the law.

Early removal of disciplinary sanctions from civil servants, military, workers is carried out according to uniform provisions. Employers need to take into account the norms of the law, otherwise, if violations are discovered, they themselves are held accountable. The deduction procedure allows the employee to continue to work in his position.

Disciplinary action

Disciplinary influences are not noted in the work book. They are registered in the T-2 card, indicating the number of the order. With the execution of the collection, you need to make sure that the norms of the Labor Code of the Russian Federation are met:

1. The violation did not result in more than 1 punitive measure.
2. The employee knows the rules of the work schedule, as evidenced by the signature on the documents.
3. From the date of the misconduct to the execution of the order no more than 6 months have passed.
4. The order is not issued during sick leave, vacation, while in the civil service.
5. The employee is familiarized with the order.
6. The offender wrote an explanatory note.
7. The periods of validity and extension of the penalty are in accordance with the law.

If the violator wants to appeal the measures, non-observance of the above norms in some cases leads to a decision being made in his favor, since the employee’s guilt may be recognized as unproven. Therefore, the employer needs to impose a penalty only if there really is a reason for this.

Appeal

According to Art. 193 of the Labor Code of the Russian Federation, an employee who does not agree with the decision may appeal it. Moreover, he has the right to apply to the following bodies:

1. The labor dispute commission, which operates at the enterprise. It consists of officials and employees.
2. State Labor Inspectorate.
3. Court.

A copy of the application with a mark of acceptance remains with the employee. It is advisable that he provide convincing arguments in his favor, enshrined in the articles of the Labor Code of the Russian Federation. And the employer will have to justify the punishment. The investigation of the case is carried out for at least a month, during which the punishment is suspended. There are probably 2 solutions to the problem:

1. Refusal to satisfy the complaint due to the absence of violations of the Labor Code of the Russian Federation.
2. Cancellation of collection.

If the court satisfied the claim, then the legal costs are paid by the organization. When sentencing for misconduct in the form of dismissal of an employee shall be reinstated. The employer reimburses the salary for the entire period of involuntary absence. Given the length of court hearings, the process can take several months.

Withdrawal rules

In this procedure, too, everything should be in accordance with the law. Removal of disciplinary action ahead of schedule is carried out by the director. He may be forced to do so by a labor inspector or a labor dispute committee. According to Art. 193 of the Labor Code of the Russian Federation, a punished employee may disagree with the measure applied to him and appeal the decision of the leadership to the State Customs Inspectorate or to the dispute committee.

The following decisions are made on complaints:

1. Satisfaction of complaint if violations of the law are discovered. Then an order is issued to annul the order.
2. Denial of Satisfaction.

With satisfaction of the complaint, an order is issued to annul the document of punishment. After that, this measure ceases to have effect.

Removal Procedure

Art. 194 of the Labor Code of the Russian Federation states that the period of disciplinary sanction is 1 year. After that, the punishment terminates automatically. But it is possible to remove the disciplinary action ahead of schedule. The Labor Code of the Russian Federation does not address situations in which measures are taken ahead of time, but in Art. 191 there is a basis for encouragement - for conscientious work. The base can be applied to this procedure.

Removing a disciplinary sanction ahead of schedule is possible if the violator has such a positive trend:

1. Lack of complaints about work.
2. Making suggestions.
3. Plan overfulfilment.
4. Prevention of an accident, accident.
5. Active participation in community service.

In these cases, the period of disciplinary action may be short. If the employee begins to be more responsible for his activities, then this measure is canceled. The disciplinary sanction for committing a disciplinary offense shall be removed in accordance with the standards specified in art. 194 of the Labor Code of the Russian Federation:

1. The head has the right to independently cancel the collection on the basis of personal observations of the employee. For this, only an order is issued.
2. An employee may ask management for this, stating his reasons.
3. The chief of the punished employee may file a petition with the director.

Decor

The collection is terminated according to 2 documents:

1. Petition.
2. To the order.

If the procedure was initiated by the director, then the design includes 1 stage - you only need to issue an order. But if this issue will be decided by the team, then in the name of the director must first file a petition for leniency to the punished employee.

Petition

There are no uniform rules for the design of this document. It is made up in free form. But a sample petition for early withdrawal of a disciplinary sanction will help to write it correctly. The document consists of:

1. Hats.
2. Preambles.
3. Petitional part.

The first part includes the name and surname of the head, as well as the name and surname and the position of the applicant. Then you need to register to whom and for what a penalty was assigned. After this information, you should indicate the need to take action for specific reasons. An application for the removal of disciplinary sanction is prematurely signed by the applicant. He has the right to sign and submit the head of the site, chairman of the trade union committee, representative of the team.

Order

If the chief makes a positive decision, an order is issued. This document does not have a mandatory form, so it must be executed according to the rules of paperwork adopted by the company. The order contains:

1. Name of the company.
2. Date and number.
3. Information about the employee.
4. Base.
5. Visa Director.
6. Familiarization string.

All persons indicated in the document must familiarize themselves with the contents of the order. The procedure for removing the penalty ends after it is signed and endorsed with a filed petition. Documents are put in a folder by nomenclature. Then the personnel officer writes the details of the order on the T-2 card, after which the penalty will be completely withdrawn.