Carrying out labor activities, employees sometimes have to deal with an unfair attitude to the work of other colleagues. When misconduct or violation goes beyond what is permitted, the offender must be subject to disciplinary action. Article of the Labor Code No. 192 regulates in more detail what types of penalties are and how to apply them correctly.
The concept
Most managers are not serious about the system of punishments that apply in the organization. Often the punishment itself is subjective in nature and does not correlate with the severity of the act committed, regardless of the circumstances. Moreover, the application of such measures does not comply with the law.
There are organizations that have an incomprehensible reward and punishment system that is not documented. In this case, fines are imposed in words, without a clear statement. Moreover, some bosses abuse their powers and manipulate employees, promising to punish them. It is important to remember on both sides of the labor process that such actions are illegal, and if management decides to punish an employee, then this should be documented and legal regulations should be followed.
Given that disciplinary action is a punishment for an employee for not fulfilling his job duties, the manager must still prove that the employee did nothing or behaved incorrectly in the workplace.
Compliance with 197-FZ is the most important rule in labor relations.
Kinds
Russian law allows the use of several types of disciplinary sanctions, which can be applied to the offending employee. These include:
- Comment.
- Rebuke.
- Dismissal.
Other types of punishments (cancellation of premiums, penalties), the head has no right to apply if they are not prescribed in the regulatory documents of the organization. There are companies that use other penalties. But again, each of the possible punishments should be indicated in local acts and not contradict the law.
The main disciplinary sanctions are specified in Art. 192 of the Labor Code of the Russian Federation.
Application
In order to require the employee to perform labor duties, they must first be spelled out in the employment contract. Also, the employee should be familiarized with the job description for signature and other company documents that may affect the work process.
And if the employee does not fulfill these requirements or violates the work schedule, article of the Labor Code 192 provides for punishment for him.
Disciplinary sanctions are applied in the following cases:
- when an employee commits actions prohibited by the job description or other internal local acts;
- when the employee does not fulfill his direct duties, orders of the boss, etc.
- when an employee periodically skips work, is late, appears at the workplace in alcohol or drug intoxication.
Decor
In order for the application of disciplinary action to be carried out in accordance with the law, the following algorithm must be adhered to:
- Document the fact of violation. Such documents include: an act (for example, an act of absence from the workplace), a report (for example, on violation of the deadlines for completion of work), a decision of the audit commission.
- Get an explanatory note from an employee. In it, he must indicate the reasons why labor discipline was violated. If this document is not submitted within a few days, this is also fixed by a special act. It is better to formalize the requirement for the presentation of an explanatory note in writing and to let the employee familiarize himself with the signature. The refusal to sign a claim is also documented. A written demand and the absence of an explanatory note are sufficient grounds for foreclosure. If the explanatory is presented, the employer has the right to make a decision after its consideration. Disciplinary action is not applied if the reasons specified in the explanatory are sufficiently compelling and respectful. In other cases, even a note with explanations may serve as a reason for recovery.
- Issue an order. Which of the three types of disciplinary action to choose, the employer decides, taking into account the evidence presented or their absence. The penalty order must be prepared and brought to the attention of the employee within 3 days (mandatory against signature). This document should include: full information about the employee, the essence of the incident that led to the punishment (in this case, indicate the points of regulatory documents that are violated), a description of the violation indicating the severity and guilt of the employee, the type of punishment, grounds for recovery (documents where violation recorded). If the employee refuses to sign the order, an appropriate act must be drawn up.
- Make a record in a private file. If the punishment is a reprimand or a remark, the employer, at his discretion, can add these facts to the personal file of the employee, they are not recorded in the labor file. If it came to dismissal, then, accordingly, the process is executed in accordance with the law with an entry in the employment form for a specific article.
The imposition of a disciplinary sanction is a delicate process, and it is very important to observe all the nuances prescribed by law.
The timing
In order to punish a misdemeanor, it takes 30 days. During this time, evidence of guilt must be collected and an order issued.
But even disciplinary action has a statute of limitations:
- if the violation was discovered by the direct management, the punishment may be executed within six months from the date of the misconduct;
- if a violation is revealed by an audit or audit, the terms are extended to two years.
These periods do not include periods in which the employee was absent for valid reasons.
How to remove a penalty
The disciplinary action may be punished by the employer, but the head can also cancel the punishment, or it is canceled automatically.
The collection can be canceled ahead of schedule if the employee asks for it, or the immediate superior will solicit for him from the higher management. If the employee is transferred to another position, the punishment is automatically canceled. Early termination of punishment should be formalized by order, with which the employee gets acquainted with the signature.
According to 197-FZ, the automatic termination of collection occurs 12 months after its imposition. The only condition is that the employee should not receive repeated penalties.
Implications for the employee
If the employee has penalties, the manager may deprive him of the bonus, either partially or in full, not to pay incentive allowances, etc.
In case of repeated or systematic violations, the employer, relying on Art. 192 TC, may dismiss an employee for the article.
How to apply
As for disciplinary action in the form of dismissal, here the employer must be especially careful and not violate the algorithm of the whole process as a whole. In this case, article of Labor Code 192 must be applied with extreme caution. You can dismiss an employee only with comments or reprimands. Moreover, for the same violation a second time can not be punished.
Carefulness is required in the preparation and execution of all documentation. In order not to cause further misunderstandings between the parties, the employee must be assigned the job duties properly. And if the employee has a new duty, it must, first of all, be documented.
Local acts, job descriptions, labor contracts, work schedules must be properly executed and include the entire list of duties of the employee. At the same time, he should be familiarized with each of the listed documents for signature.
If some document is not executed correctly, this will create difficulties in imposing a penalty.
Organization violation
In the event that the punished employee does not agree with the recovery, he may complain to the labor inspectorate. In case of violations, the head of the organization can be held accountable.
Based on this, the employee has the right to recover at the workplace, as well as receive compensation from the employer. The employer, in turn, will incur costs associated with court hearings, inspections of the labor inspectorate, prosecutor's office, payment of expenses for the services of lawyers, etc., also, if 192 of the Labor Code of the Russian Federation is violated, the company may damage its reputation and lose credibility other employees.