The procedure for imposing a disciplinary sanction begins directly with the investigation of the incident and ends with a fine, reprimand or even dismissal. In some cases, all three types of punishment are applied if the offense was too serious. These are the most common varieties. But it should be noted that they are not the only ones. Depending on the situation, a decision may be made to apply a different type of punishment. It should not be contrary to law.
The concept of disciplinary action
In order to better understand the problem, you need to clearly understand what it is. The types and procedure for imposing a disciplinary sanction will be described in more detail below, and in this paragraph we should dwell on the concept itself from the point of view of legal relations. So, the main subjects are directly the employee and his employer. They act on the basis of those duties and rights that they have in accordance with the law and concluded agreements. So, in the Labor Code of the Russian Federation there is only an indication of what the employer can do, but if you study this document in detail, you can also find information about what is available or not available to the employee. For example, he has the right to know the progress of the audit, its results, get acquainted with documents and so on. Among other things, he can also express his opinion, attitude or even evaluate the actions of the inspectors, the data provided and other similar factors. In addition, if necessary, the employee has the right to demand additional audits, audits, and to involve third-party specialists, a trade union, and other persons who may somehow influence the final result of the investigation.
Violations
There are a huge number of misconduct, the result of which is the beginning of the proceedings and internal investigations. The procedure for imposing a disciplinary sanction implies that first the employee needs to be blamed for something and to prove the fact that he is responsible for the current situation. Most small, relatively minor episodes are resolved privately. It is enough to just talk with a potential culprit, point out to him the inadmissibility of such actions, threaten with possible consequences, and so on. Usually, this is more than enough so that in future situations it does not recur (or this happens as rarely as possible). However, in another case, when the employee’s actions (or inaction) caused serious financial losses, a threat to the life or health of other people and so on, there really would be a need for an internal investigation.
Varieties of penalties
The labor code contains a fairly limited list of punishments for the perpetrator. Nevertheless, there is a reservation that it can be changed or supplemented at the request of the employer, if this applies to the current situation. The procedure for imposing a disciplinary sanction on an employee suggests that you first need to choose exactly what the fine will be. It can really be a “ruble” punishment, that is, the employee will be obliged to compensate for all expenses of the company that she incurred due to his misconduct. In another, less serious case, you can do only a written reprimand. But if, as a result of the misconduct, the situation absolutely got out of control, led to casualties, significant losses, and so on, dismissal of the culprit may follow.
Procedure
First of all, the potential culprit can write an explanation of what happened from his point of view. In some cases, the employee’s position will be completely different from what the prosecution says. In principle, he is not obliged to do this, but without an explanatory commission that will understand the problem, he will not be able to take into account another point of view. So, if an employee does not want to write anything, he is given another two days, after which a special document is drawn up, in which this fact is recorded. Further, the procedure for imposing a disciplinary sanction under the Labor Code of the Russian Federation suggests that all evidence and evidence of actual guilt are collected. If everything is collected, the commission makes a decision taking into account all the information received. Be sure to consider any factors that, one way or another, can mitigate the employee’s misconduct. The next stage is the most difficult. The employer has the right to punish the culprit in all severity or simply to conduct an educational conversation with him. What to choose is up to him. It is necessary to focus on the existing relationships in the team, the identity of the culprit, its importance for the enterprise, the number of violations in the past and many other factors. Hard punishment right away may not always be beneficial. Sometimes it’s quite simple to explain the degree of guilt and stipulate the conditions for further cooperation. In another situation, a really serious punishment may be required - up to dismissal. It is made out by a separate order.
Documenting
As you can see from the previous paragraph, there are several main papers that should be drawn up in the course of an internal investigation and subsequent imposition of punishment. The first of these is explanatory. Nowhere is it indicated in what specific form it will be drawn up, but usually they write to whom it is addressed, from whom, they state the essence, put the date and signature. But if the proposal to describe your point of view is followed by a refusal, then a special act is already being drawn up. It should contain information about where and when the paper was drawn up, who composed it, regarding whom, a description of the reason and the process of refusing to write explanations is fixed. All further documents practically do not have any design requirements. The only exception is the sentencing order itself. It is drawn up in a standard form for such documents and is offered for signature to the culprit. He may refuse to sign the order, but in this case another act is drawn up, similar to that described above.
The timing
The procedure for imposing a disciplinary sanction has certain deadlines. An employee must not be punished if more than a month has passed since the misconduct. It should be remembered that this period does not include holidays, sick leave and the like. That is, you cannot commit misconduct and not receive punishment. In addition, if the trial has already begun, it must be completed within six months, otherwise it is impossible to punish again. But, if the results required an inventory or audit, then the time during which you can impose a penalty increases to two years. Separately, deprivation of the premium should be noted . She is not included in the list of punishments, so even without the trial itself, you can deprive the potential culprit of such payments.
Cancel
In many cases, the procedure for imposing a disciplinary sanction on an employee and appealing against it implies a certain duration of punishment. Most often this is a one-time action such as a fine. But sometimes, especially in large enterprises, other types of long-term sentences may exist. The simplest example is the deprivation of certain allowances (if permitted by law) for an indefinite period. In this case, 1 year is always considered. Thus, after the term of the sentence is over, the employee, his immediate supervisor or other interested person may demand that the sentence be removed. This can be done earlier if the culprit really atoned for his actions that led to the recovery.
Features for the military
The army has its own orders, slightly different from those used in ordinary situations. For example, the procedure for imposing a disciplinary sanction on a soldier does not imply an explanation of the culprit of the incident. In addition, the severity of the punishment may directly depend on the rank of military officer who committed the offense. If a problem arose when a citizen serving in the army is on alert, this can serve as an aggravating factor.
The military does not have many reasons that can be considered valid. Timing also varies. In most cases, the punishment should be immediately after the misconduct or the next day. The maximum period is 10 days. Over the next decade, the culprit may file a complaint if he does not consider that the punishment is fair. If at the time of the incident the soldier is on duty, then a penalty is imposed on the day after the change of outfit. The military, whose fault is to drink alcoholic beverages, receive punishment only after they sober up. Separately, it should be noted that the higher command can both cancel the penalty and tighten it if such a need arises.
Civil servants
For this category of workers, practically the same rules apply as for ordinary employees of private companies. But the procedure for imposing a disciplinary sanction on a public servant also implies deviations. The main one can be considered that, in addition to the Labor Code of the Russian Federation, when punishing the culprit, the Law on the Status of Military Personnel can also be used . This does not apply to all public servants, but this factor must be taken into account. Among other things, the main document is different. In the case of an employee of a private company, labor discipline is basic . But civil servants do not have such a concept. In their case, special service discipline is applied. It is regulated by law and regulations.
Law Enforcement Agencies
The procedure for imposing a disciplinary sanction on a police officer is established by a special Regulation on service in the internal affairs bodies. If you understand the essence of the problem, it becomes clear that there are not so many main differences from the Labor Code of the Russian Federation. One of them is a more extensive list of possible punishments. If in a normal situation with an employee of a private company, a fine, reprimand, or dismissal appears as a penalty, then this list is a bit broader in the police. The culprit may be demoted. He may be deprived of the breastplate or issued a warning that the employee does not fully correspond to the place. In addition to the usual reprimand, there is such a thing as "severe reprimand." As a last resort, the procedure for imposing a disciplinary sanction in the Ministry of Internal Affairs involves dismissal from the authorities. It should be noted that in most cases a written explanation from the culprit is not required.
Total
The basis of all the options for investigation and punishment is taken by the Labor Code of the Russian Federation. Even when the problem concerns military personnel, the Ministry of Internal Affairs or civil servants, it is still this document that is basic. The existing differences, although significant, are not global, and the general procedure for imposing a disciplinary sanction still implies several basic steps: committing an offense, establishing guilt, punishment and rehabilitation.