Order of reprimand for violation of labor discipline sample. Disciplinary Order - Sample and Form. How is it documented
On the application of a disciplinary sanction in the form of a reprimand
In connection with the violation by the storekeeper Kirillov K.K. paragraphs 3.1 and 3.3 of job description No. 4, approved by order general director LLC "Time" dated 08/11/17, No. 32, expressed in non-fulfillment of the order of the direct supervisor on the acceptance, sorting and placement of products in the warehouse 5
I ORDER:
1. To apply to Kirillov Kirill Kirilovich a disciplinary penalty in the form.
2. To the head of the personnel department Sidorov S.S. to acquaint Kirillov K.K. under signature with this order.
Reasons:
- Memorandum of the head of the shop finished products Ivanova I.I. from 07.07.2018;
- act of non-performance without good reason job responsibilities dated 07.07.2018 No. 2;
-request for explanations dated 07.07.2018, No. 1;
- the act on the absence of written explanations dated July 10, 2018 No. 3.
General Director Petrov P.P.
Acquainted with the order:
storekeeper Kirillov K.K.
head of the personnel department Sidorov S.S.
Disciplinary order
For the commission of a disciplinary offense, namely: the admission of workers to the construction site on October 12, 2018 in the absence of protective devices and without the use of personal protective equipment by workers
I ORDER:
1. Give a reprimand to the head of the section, Pavel Potapovich Potapov.
Grounds: the order of the labor protection specialist Ivanov I.I. dated October 12, 2018, explanatory note of the site manager P.P. Pavlov. dated October 12, 2018, clause 5.3 of the job description of the site manager, clause 26 of the Labor Protection Instruction OT-116/02.
General Director Sidorov S.S.
Order on the application of a disciplinary sanction
In connection with the established fact of making an incorrect entry on the transfer to another job in the work book of the leading engineer Petrov P.P.
I ORDER:
1. To announce to the inspector of the personnel department Ivanova M.I. rebuke.
2. The head of the personnel department Mikhailova M.M. to ensure entry into the work book of the leading engineer P.P. Petrov. correct entry, recognizing the previously made entry on the transfer to another job invalid in the manner prescribed by regulatory legal acts.
3. To the secretary-clerk Kuznetsova K.K. to acquaint with this order the inspector of the personnel department M.I.Ivanova, the head of the personnel department M.M. Mikhailova, leading engineer P.P. Petrov. under a personal signature no later than one working day from the date of publication of this order.
4. I reserve the control over the execution of this order.
Grounds: Memorandum of Leading Engineer P.P. Petrov from 07.11.2018, presentation of the head of the personnel department Mikhailova M.M. from 07.11.2018 on the imposition of a disciplinary sanction, a written explanation of the inspector of the personnel department Ivanova I.I. from 07.11.2018.
General Director Vasiliev V.V.
Familiarized with this order:
Inspector of the personnel department I.I. Ivanova
Head of the personnel department Mikhailova M.M.
Leading engineer P.P. Petrov
Disciplinary Order
For the reason that. that on the night of March 12-13, 2018 the watchman S.S. Sidorov was absent on duty without good reason for an hour, from 23:00 to 24:00. and on the basis of article 192 of the Labor Code of the Russian Federation
I ORDER:
1. For violation labor discipline announce a remark to S.S. Sidorov.
2. Responsible for personnel records A.A. Andreeva to acquaint S.S. Sidorov's signature.
Reasons: memo from the head of the security service dated 03/14/2018, explanatory note from S.S. Sidorov dated 03/14/2018.
Director Petrov P.P.
S.S. was acquainted with the order. Sidorov
Order to lift a disciplinary sanction and measures of material impact
Based on the petition of the chief engineer of LLC Planeta N.N. Nikolaev. from 07.07.2018, taking into account the conscientious fulfillment of his duties by Sergeev S.S. and guided by Art. 194 of the Labor Code of the Russian Federation
I ORDER:
1. To lift the disciplinary sanction in the form of a reprimand, previously imposed by Order No. 352k 02/03/2018, from Sergeev Sergey Sergeevich, head of the repair site.
2. Remove the measure of material impact in the form of non-payment of remuneration based on the results of work for 2018. with Sergeeva S.S. previously imposed by Order No. 352k 02/03/2018, personnel number 689.
3. To the clerk of the personnel department of LLC Planeta, within one working day, prepare a copy of the order and send it to the personnel department, accounting department.
4. To the chief engineer of LLC Planeta to acquaint Sergeev S.S. with this order, within three working days against receipt and send a copy of the order with a receipt for familiarization with the personnel department.
Deputy Director for Human Resources K.K. Alekseev
Order on early lifting of a disciplinary sanction
Based on the petition of the head of the marketing department Sidorenko V.V. from 17.12.2018
I ORDER:
1. Order No. 96-k of 24.10.2018 announcing K.K. Konstantinov to the marketing specialist. comments for absence from the workplace for 5 hours in a row cancel.
2. Consider K.K. Konstantinov. not subject to disciplinary action.
3. With this order Konstantinov K.K. familiarize with receipt.
Reason: the petition of the head of the marketing department Sidorenko V.V. from 17.12.2018
General Director Nikolayev N.N.
I have read the order:
marketer Konstantinov K.K.
Administrative punishment order
Dated 25.03.2019 No. 55-k
About administrative penalty employee
Antonov Ivan Antonovich, machine tool operator with program management mechanical section, was absent from the workplace from 11 to 22 March 2019 without providing supporting documents.
I ORDER:
- For absence from the workplace in work time For no good reason, Ivan Antonovich Antonov considers the days from 11 to 22 March 2019 to be absenteeism.
- To deprive Antonov I.A. according to the results of work in March of this year variable part of the salary by 100%.
- Antonov I.A. for violation of the internal labor regulations, expressed in absence from the workplace during working hours without a valid reason to issue a reprimand.
- The annual vacation planned from 07/08/2019 to 08/04/2019 shall be postponed to the period from 11/04/2019. until 02.12.2019
Base:
- Memo of HR specialist Kovaleva M.S. from 25.03.2019
- Act on the absence of an employee in the workplace from 22.03.2019, No. 39;
- Explanatory note of Antonov I.A. from 25.03.2019
Director N.N. Nikolaev
Acquainted: Antonov I.A.
Employee disciplinary order
Dated 10.01.2019 No. 28-k
About disciplinary punishment of an employee
Petrov Petr Petrovich, assembler of electrical machines and devices at the assembly site, on 28.12.2018, at the end of the work shift, was on the territory of the enterprise in a state drunkenness.
I ORDER:
- Petrov Petr Petrovich should be reprimanded for violation of the internal labor regulations, expressed in being in a state of alcoholic intoxication during working hours on the territory of the enterprise.
- To deprive Petrov P.P. the variable part of remuneration at the end of December 2018 by 100%.
Disciplinary action is usually applied to an employee if he violates the labor rules by his actions or does not comply with his job duties... The decision on whether to punish an employee or not should be made by the manager and later recorded in the order.
A remark is considered the least serious for an employee. In general, the remark can be considered a warning that in case of such violations in subsequent times, he will suffer a much more serious punishment.
Type of disciplinary punishment
The decision about what type of disciplinary punishment to apply to the offending employee is usually made depending on how exactly the employee showed himself and how serious his mistake was.
Among the various tools for influencing an employee, a remark is one of the most actively used methods. To punish or not to punish with the help of a remark from his employee, the manager decides, supporting his decision with an order.
In this article, you can use a sample order for disciplinary action(remark). See below for downloads.
You cannot punish an employee without receiving written explanations from him. Perhaps he will be able to argue his actions or explain the reasons for his wrongdoing.
Sample explanatory:
Explanatory note about non-fulfillment of official duties.
Sample Order for Disciplinary Action (remark)
Information about the comment is not recorded in either work book the employee's personal card. But it is important to remember that a remark is a signal that a repetition of such a situation can lead to serious problems.
If an employee already has one comment (for example, due to not showing up for work), then with a subsequent misconduct, the employee may be subject to more serious punishment.
The order is printed on letterhead. There is no template for writing an order. Usually the order is written in free form.
The order is written according to the following scheme:
- At the very top of the order, the title is written, the number assigned to it and the date of filling, as well as the details of the organization.
- A text is written in the center of the document, which explains the reason for preparing this order. The type of violation committed by the employee is noted. The order of the head of the organization on the appointment of a disciplinary sanction to a specific person and its format (for example, a remark) is recorded. Also, information is entered about the person in charge, who will monitor the execution of this order.
- At the very bottom of the order must be the signature of the head, the seal and signature of the offending employee, confirming that he has read the order.
What documents need to be attached to the order?
Usually, together with the order, a certain package of documents must be collected:
- a memo of the head of the department;
- employee explanatory note;
- documents that contain a good reason.
Here you can see and download a sample of order execution.
Employees of a budgetary organization are obliged to comply General requirements labor legislation and local acts. This is approximately how article 189 of the Labor Code of the Russian Federation sounds.
Internal work regulations are the main and important local act governing the behavior of personnel. If it is approved, then a sample order will not be needed. They also distinguish technological and production disciplines, which are also related to the topic of the article, because thanks to them, order in production is ensured, technological requirements and conditions. The most common violations are:
- being late for work or unauthorized departure ahead of time;
- absenteeism;
- unfair performance of labor duties;
- violation of labor protection rules;
- appearance at work in alcoholic or drug intoxication;
- theft, waste or damage to the employer's property;
- disclosure of commercial secrets;
- refusal from compulsory medical examination or training;
- violation of subordination;
- ignoring the rules, instructions and orders of the management adopted in the organization;
- immoral act (often found in educational institutions).
Is it possible to replace a reprimand with a fine
The concept of a fine is absent in labor legislation, so be careful and do not use such terms in the local acts of the enterprise, moreover, do not use such measures as a disciplinary sanction. Ordering fines for violation of labor discipline will be illegal and easily overturned in court.
Financial penalties can affect the amount of the premium. But here, too, it is necessary to be extremely careful in the choice of wording. Do not under any circumstances write that reducing the premium is a disciplinary measure. Usually, the Regulations on Bonuses indicate that if there is a “remark” or “reprimand” in the reporting month, the bonus is not charged. That is, you will apply a legal penalty for a misdemeanor, and financially punish it indirectly. It is legal.
Violations of labor discipline - we punish the employee
Labor legislation provides for the creation of its own rules of procedure in each organization. It is this document that the employees are guided by, because all labor issues and issues that arise at the enterprise are prescribed in it: the time of the beginning and end of the working day, the procedure for calculating salaries and even the features of commercial secrets.
Even a slight delay or leaving the workplace for 5 minutes can be considered a violation of labor discipline. Such seemingly harmless offenses can entail large penalties. Therefore, it is very important to learn how to identify those actions that are violations, as well as assess the possible punishment for them.
Violation of labor discipline - definition and types
First you need to understand the basic concepts. Labor discipline is a set of rules that are in force at the enterprise and are mandatory for absolutely all of its employees. These include routine rules, corporate ethics, labor protection rules, etc. The employer himself, in addition to creating these rules, must ensure the possibility of their implementation, because if he does not do this, then any violation by the employee of a rule will be recognized through the fault of his superiors.
To understand why various penalties can be applied to employees, you need to clearly understand those actions that are a violation of discipline and what it is.
Obligations of the employee
The Labor Code defines a number of duties that are inherent in the employee, namely:
- Compliance with all fixed rules and labor standards.
- High-quality and conscientious performance of official duties.
- Compliance with the rules of the order, labor protection and various regulations and requirements that are present in the workplace.
- Protect the material property that is at the enterprise.
- Notify your management in the event of any hazards that may harm the surrounding employees.
It is considered that if an employee has violated at least one of these points, he has violated labor discipline.
Types of violations of labor discipline
There are three groups of violations that an employee can commit, depending on the characteristics of the work process itself:
So, if an employee contributes to the spoilage of products, then he will commit a technological misconduct, and if he is late for workplace, then regime.
Each violation entails the collection of supporting documents and an investigation.
List of violations of labor discipline
Among the most frequent offenses that are associated with violation of labor discipline, there are:
From this list, gross violations include constant absenteeism, forgery, theft, attending work while drunk, or committing some illegal act.
All types of non-fulfillment of their work duties are divided according to the following criteria:
Disciplinary misconduct refers to acts of violation of discipline during the performance of official duties.
Also, every employer should be able to distinguish between misconduct and material liability, because if an employee has inflicted some material damage, then the responsibility for this may continue after the end of the action labor relations.
Penalties for violations of labor discipline
192 articles in Labor Code defines several penalties that are applicable to workers on site Russian Federation:
If in any of the local documents the possibility of deprivation of the premium for misconduct is indicated, then the employer can use it.
In the event that there are Federal laws describing special methods of punishment, then they can be applied.
Remark for violation of labor discipline
In case of violation of discipline, an act of this is created with detailed description misconduct, the chosen punishment and the employee's own explanation. Although the remark is not particularly harmful, it can stop the employee from systematic violations that are caused by repeated misconduct.
Reprimand for violation of labor discipline
There are two types of reprimands that are issued for the commission of a disciplinary offense: ordinary and severe. He must be recorded in the order, but is not indicated in the work book. In it, they can only note the dismissal, which was due to constant violations and non-performance of their work.
Dismissal for violation of labor discipline
It is believed that it is the dismissal that is the last resort of all possible penalties. It is assigned if a person has committed a very serious violation or stopped working. So, in banking institutions, for example, they can safely fire if an employee has committed theft of property.
Responsibility for violation of labor discipline
Labor legislation states that all employees are responsible for their actions and are obliged to familiarize themselves with the labor protection rules, regulations and other requirements against their signature. The employer retains the right to impose penalties if the employee has violated something. At the same time, they are compared with the complexity of the offense.
Procedure for collection for a disciplinary offense
The management independently chooses the punishment, which should be based on existing information and legal norms.
Disciplinary Offense Act
Each violation must be recorded by means of an act. This paper is created by the supervisor of the employee together with the witnesses. Then the document, after signing, is sent to the employee, and the second copy is sent to the higher management so that they can take any action. Those people who will be responsible for drawing up this act must be indicated in advance in local documents.
Employee explanations
The employee must provide an explanation of what happened. It is advisable to require its written form in order to be safe from unnecessary problems. Sometimes an act can be created, but only if the person has refused to explain any nuances. At the same time, it is worth knowing that such a reluctance to comment on the situation cannot exempt from punishment, therefore it is advisable to draw up a note within 2 days.
The act of the committed misconduct, the report and explanation of the employee himself are sent to the top management, which already determines the specifics of imposing a penalty in this situation.
Order to impose a penalty
The management must analyze all the information and the papers present in order to subsequently issue an order, which will speak of the employee's misconduct.
Although there is no fixed example of such a document (ready-made forms exist for creating dismissal orders), the act describes the violation itself, the time of its commission and the punishment that was chosen. The documents that regulate all this are also indicated. The finished order must be endorsed by the employer, the immediate superior of the offender and the head of the personnel department.
In the work book, the order is not noted in any way, only if it did not lead to dismissal, although a copy of it can be filed to the employee in a personal file after the violator is familiarized with it. This is given no more than three days. It is very important to do so in order to compare the amount of the penalty and the complexity of the offense, as well as to impose it reasonably so that a person cannot challenge it in any way.
Order to lift a disciplinary sanction
If the authorities decide to cancel the punishment, then they can do this within a year after the misconduct happened. To do this, you need to draw up a new order, where it is necessary to describe the reasons that prompted the removal of the penalty. After its publication, the employee must familiarize himself with the document in a general manner (as after a violation).
The punishment can be independently canceled (as if it did not exist) if no further violations were committed on the part of the employee during the calendar year.
Terms of imposition of a penalty
Any punishment can only be used within a month after the punishment. If more than six months have passed, then the employer is no longer able to influence his employee. In the event that the offense was discovered only after the next revision, the term of the possible punishment is increased to 2 years.
It should be understood that a fine cannot be applied in case of violation of labor discipline at the enterprise, but deprivation of incentives (for example, bonuses) can be used by decision of the management. If the employer punishes his employee more than once for the same offense, then this will be a violation of current legislation.
Examples of violation of labor discipline
Among all the misconduct, the most popular is absenteeism, which consists in the absence of an employee at work, who did not warn his management in any way and did not provide a normal and confirmed reason. If there is some kind of emergency (fire, attack, accident), then the possibility is considered that the person did not have the opportunity to explain something. Proceeding from this, for the sake of their own safety, employers are not advised to immediately somehow punish an employee, because if his reason was valid, then he can calmly complain about his management in court with a request to restore justice.
Violation of labor discipline (systematic, rude, repeated) - what threatens?
What disciplinary sanction to apply to an employee is decided by the administration in each specific case. The circumstances of the misconduct and the personal data of the employee are taken into account. For example, the commission of an immoral misconduct by a teacher in school against a student is a gross violation of discipline and it is quite possible that the most severe punishment is dismissal.
What offenses can an employee be punished for?
You can punish an undisciplined employee for:
- Failure official duties without a valid reason and if the employee has previously been punished for a disciplinary violation.
- Absenteeism.
- One-time gross violation of labor discipline by an employee.
- Being at work drunk or drugged.
- Disclosure of state or official secrets.
- Embezzlement, embezzlement, loss or other deliberate damage to property, confirmed by a court verdict.
- Loss of confidence as a result of wrongdoing.
- Committing an immoral act in the line of duty.
For managers and some specialties (judges, investigators, prosecutors, for example), there are separate lists of labor misconduct.
Punishment for systematic violation of labor discipline by an employee
The law provides for only three types of disciplinary action:
- Comment. It does not bear any consequences for the employee, but it can be taken into account in case of repeated offense.
- Rebuke. It can be strict or ordinary. If the violation is repeated and the employee is dismissed, then a note is made in the work book that labor contract terminated for repeated violation of labor discipline by an employee.
- Dismissal. The most severe and unpleasant disciplinary measure. It entails not only the loss of a job, but an ugly entry in the work book. which further reduces the chances of continuing a career.
In practice, punishment with the ruble is widespread, although this is prohibited by law. Some managers, not afraid of labor inspections, impose fines for systematic violation of labor discipline, and some do it in completely legal ways, depriving employees of bonuses or allowances.
How disciplinary action is applied
If an employee has committed a gross violation of labor discipline, an explanatory note is taken from him. Its absence (the employee refuses to write it) does not prevent the administration of the culprit, since in this case an act is drawn up, signed by the employee of the personnel department and any other employee.
After the discovery of a misconduct, for example, repeated violation of labor discipline in the form of being late, absenteeism or poor-quality work, a disciplinary order is issued within 30 days. The one-month period does not include the presence of the guilty person on vacation or sick leave.
The employee is introduced to the order personally against signature before the expiration of three days. If the employee refuses to sign the order on punishment, then an act of refusal is written.
If the offender does not agree with the punishment. the order can be appealed to the state labor inspectorate or directly to the court. Previously, it is recommended to contact a lawyer or attorney dealing with labor disputes. They will tell you the prospects of the case and recommend ways to solve the problem.
Two penalties cannot be imposed for the same offense. For example, if an employee is fired for a systematic violation of labor discipline, he cannot be simultaneously deprived of the bonus.
An analysis of labor legislation suggests that rather severe penalties are applied to negligent workers. Therefore, those who are regularly late for work should think about the fact that the director's patience is not unlimited and once a 5-minute delay can cost a job.
Disciplinary sanctions and fines for violations of labor discipline
The procedure for the application of disciplinary sanctions
The Labor Code categorically prohibits the use of disciplinary measures, except for the punishments provided for by the Code itself, federal laws, statutes and regulations on discipline. An employee cannot be put in a corner, forced to work seven days a week, or deprived of vacation. An employee cannot be fined.
When an employee commits a disciplinary offense. employer, in accordance with Art. 192 of the Labor Code of the Russian Federation, has the right: to make an oral or written remark to the employee, to issue a reprimand, to dismiss the employee on the grounds provided for in clauses 5, 6, 9 or 10 h. 1 of Art. 81, paragraph 1 of Art. 336 or Art. 348.11 of the Labor Code of the Russian Federation, as well as clause 7 or clause 8 of part 1 of Art. 81 of the Labor Code of the Russian Federation.
In addition, the procedure for the application of disciplinary sanctions is clearly spelled out in Art. 193 of the Labor Code of the Russian Federation algorithm.
To begin with, the employer records the fact of violation of labor discipline by the employee: in case of being late and absenteeism, this is an act of absence from the workplace, in case of non-fulfillment or poor-quality performance of the assigned task, a memo of the direct supervisor. An employee has the right and must submit a written explanation of his disciplinary offense within two working days from the date of its commission. If there is no explanation from the employee, this is recorded in the act.
For each disciplinary offense, only one disciplinary sanction may be applied; the order to punish the employee must be presented against receipt within three working days from the date of its issuance. If the employee refuses to put his signature under the order, this is recorded in the corresponding act.
Disciplinary action
However, the employer can punish the employee with a ruble. In my opinion, this is sometimes necessary. True, such a disciplinary measure can hardly be called a fine. Often in the specialized literature there is the concept of "depreciation", which the authors equate with the concept of "penalty". However, a fine is one of the types of punishment, expressed in monetary form and levied for committing a misdemeanor, while a bonus is one of the forms of reward for achievements in work. The prefix "de" means the absence, the cancellation of the premium, which has nothing to do with penalties, punitive sanctions. The prize, in accordance with Art. Art. 129, 135 of the Labor Code of the Russian Federation, refers to the number of incentive payments. Accordingly, in the composition of wages, this value is variable. The amount of the bonus may vary depending on the criteria prescribed in the collective agreement and the provision on bonuses.
It is legal not to deprive the employee of the bonus, the payment of which to the employee is already provided for by the order for the enterprise, but simply to exclude the fined employee from the bonus order or to pay the bonus in a reduced amount.
Art. 191 of the Labor Code of the Russian Federation, according to which the employer encourages employees who faithfully perform their duties. Among the incentives, the payment of bonuses is also named.
Thus, in order to receive a bonus, an employee must fulfill the conditions for bonuses, enshrined in the bonus regulations approved by the company. Any violation of labor discipline, as well as failure to fulfill the labor duties assigned to the employee by the employment contract, may affect the amount of the bonus paid.
If you want to "punish an employee with a ruble" for violation of labor discipline, include in the bonus provision the following wording: "A bonus in the amount of 1 to 100 percent is paid to employees for labor achievements in the absence of disciplinary sanctions." Do not in any way mention in local regulations, an employment contract with an employee or an order for bonuses, the wording: "deprive", "deprive" or "reduce the amount of the bonus" (Letter from the Ministry of Labor and social development RF dated July 31, 2000 N 985-11). Remember, according to the Labor Code of the Russian Federation, it is forbidden to fine an employee for disciplinary offenses or worsen his situation in comparison with that provided for by the employment contract and the Code.
Can't be executed, pardon
As you know, judges are much more loyal to employees than the employer would like. For some reason, the workers of Themis are seen as more weak side in a case that requires protection.
The most bold point in the procedure for the application by the courts of the norms of the Labor Code was put by the Supreme Court of the Russian Federation in the Resolution of the Plenum of March 17, 2004 N 2. So, paragraph 53 of this document contains a provision according to which, by virtue of Part 1 of Art. 46 of the Constitution, the state is obliged to ensure the exercise of the right to judicial protection, which must be fair, competent, complete and effective. First of all, when considering a labor dispute on challenging a disciplinary sanction, the court re-checks the employer's compliance with the general principles of legal and, consequently, disciplinary responsibility, such as justice, equality, proportionality, legality, guilt, humanism. These principles are reflected in Art. Art. 1, 2, 15, 17, 18, 19, 54 and 55 of the Constitution of the Russian Federation.
Employees in most cases manage to challenge employer's orders to impose disciplinary sanctions that do not entail a reduction in their salary.
The Decision of the Moscow Arbitration Court of May 4, 2006, May 15, 2006 in case No. A40-17389 / 06-146-165 explicitly states that deprivation of the prize is not a disciplinary measure by virtue of the provisions of Art. 192 of the Labor Code of the Russian Federation.
In the Resolution of the Ninth Arbitration Court of Appeal dated July 24, 2006, July 28, 2006 N 09AP-7824/2006 in case N A40-25961 / 06-92-189, the judge points out the impossibility of imposing a fine on an employee for violation of labor discipline.
Employees tend to value their workplace, so they often agree with the employer's actions to maintain work discipline. Dissatisfied people enjoy the protection of their rights established by Art. 352 of the Labor Code of the Russian Federation. Among them - a complaint against the employer to the state supervision and control over the observance of labor legislation.
The employee's appeal to labor inspection- the reason for the inspection by the monitoring bodies of the employer's observance of labor law norms. Neglecting them, including the illegal collection of fines from personnel for violation of labor discipline, leads to liability under Art. 5.27 of the Administrative Code. The amount of the fine for legal entities is from 30 to 50 thousand rubles. for individual entrepreneurs- from 1 to 5 thousand rubles. Both categories of employers can be punished with suspension of activities for up to ninety days. Officials can be fined from 1 to 5 thousand rubles.
Advice to employers: apply lawful disciplinary measures to employees, but do not forget to delve into the essence of the misconduct and all its circumstances in order to find out whether the employee's actions are guilty of failure to perform or improper performance of his / her job duties. Otherwise, the employee has the right to challenge the disciplinary sanction imposed on him by the employer. Remember that it is impossible to fine staff, as well as deprive them of bonuses, because these methods of influence are not provided for by the Labor Code of the Russian Federation.
The procedure for the application of disciplinary sanctions under the Labor Code of the Russian Federation
Disciplinary action is provided for by the legislator as a measure of responsibility for violation of the organization's labor regulations. When imposing a disciplinary sanction, all requirements of labor legislation must be taken into account. You will learn how to correctly impose a disciplinary sanction (Labor Code of the Russian Federation) from our article.
When can disciplinary action be provided?
Providing incentives for conscientious performance of work, the legislator simultaneously introduces norms that regulate the issues of punishment of irresponsible employees.
A disciplinary sanction may be imposed on an employee only if the latter commits a disciplinary offense.
That is, if an employee does not perform (improperly perform) his job duties, then disciplinary action cannot be avoided.
In particular, misdemeanors include:
However, special federal laws may establish that a disciplinary penalty is imposed on an employee not only for committing a misdemeanor that violates labor discipline. For example, the Federal Law of 17.01.1992 No. 2202-1 On the Prosecutor's Office of the Russian Federation establishes that an employee can receive a disciplinary penalty in the event of a misdemeanor that may defame the honor and dignity of a prosecutor's employee.
Disciplinary penalties are divided into general and special.
General disciplinary actions include the following:
Special disciplinary sanctions are provided for by regulations or laws on certain types service (employees) in the Russian Federation. But the legislator clearly limits the employer: the application of disciplinary sanctions. that are not specified in federal law, discipline regulations, or statutes are not allowed. Otherwise, the employer may be held administratively liable for imposing unnecessary disciplinary sanctions under Article 5.27 of the Administrative Code, and administrative proceedings may be initiated against him.
Only one disciplinary sanction may be imposed for any disciplinary offense. For example, if an employee appeared at the service in a state of alcoholic intoxication, and the employer reprimanded him for this offense, then dismiss the employee in accordance with sub. b p. 6 h. 1 tbsp. 81 of the Labor Code of the Russian Federation for the same offense, he no longer has the right.
Disciplinary responsibility is an independent type of responsibility. Accordingly, to attract to it, it is necessary to have the composition of the offense in the form of a subject, an object, subjective and objective parties.
The subject in this case will be a citizen who is in an employment relationship with specific organization and violating labor discipline.
The subjective side is a form of employee guilt.
Object - the work schedule of the organization.
The objective side is the connection between the employee's actions and the resulting consequences.
The result of disciplinary action is the imposition of a disciplinary action. In this case, the employer personally decides whether he will impose a disciplinary sanction. since this is his right. This conclusion can be drawn from the analysis of the dispositive norms of labor legislation. But if he nevertheless makes a decision on punishing the employee, then deviation from the requirements of the law is unacceptable.
Procedure for imposing a disciplinary sanction
A disciplinary sanction may be imposed on an employee no later than 1 month from the day when the employer recorded a violation of labor discipline. But this period of time does not include:
It should be remembered that any disciplinary action cannot be imposed:
These terms will not include the period of time during which the proceedings in the criminal case continued.
The procedure for applying disciplinary sanctions is as follows.
- The employer discovers that the employee has committed a disciplinary offense. As a rule, a memorandum (report or other document) is sent to the name of the head of the organization, which indicates the facts of the misconduct. It is from the date of this document that all deadlines begin to be counted. But not from the date of writing the memorandum by the author, but from the date when this paper reached the head.
- Next, the employer must request an explanation from the employee. If, after 2 working days, the employee refuses to write an explanatory note, then the relevant officials draw up an act. Please note that the employee's failure to provide explanations cannot serve as a basis for the non-application of disciplinary action.
- If the employee writes an explanatory note, then, accordingly, he indicates the reasons for the misconduct. Labor legislation does not provide criteria for the validity of reasons, so the employer evaluates them at its own discretion.
- If the employer considers the reasons for the misconduct to be disrespectful, a disciplinary order is drawn up.
Disciplinary order
An order to impose a disciplinary sanction can only be issued in cases where the employee's guilt is fully proven.
If a disciplinary sanction is imposed on an employee in the form of a reprimand or remark, then the order is drawn up in any form.
After the issuance of the order on the imposition of a disciplinary sanction, the employee must be familiarized with it within 3 days. If he refuses to familiarize himself, then an appropriate act must be drawn up about this. Disciplinary action will be imposed in any case. This period does not include the period when the employee was absent from the service.
If the employer does not comply with this deadline, the employee has the right to appeal the imposition of a disciplinary sanction.
Recording a violation of labor discipline by an employee in the form of a punishment order is necessary for the employer. Indeed, in the presence of several outstanding disciplinary sanctions, an employee may be dismissed under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation (the employee repeatedly fails to fulfill his job duties without serious grounds, while having a disciplinary penalty).
Sample order for disciplinary action
The order to impose a disciplinary sanction is printed on the letterhead of the organization and registered in a special journal.
08.03. Yekaterinburg city
In connection with the improper performance by the storekeeper Viktor Petrovich Nesterov of the labor duties assigned to him by the labor contract No. 5 of 09/01/2005 and the job description of the storekeeper of 08/06/2004, expressed in the absence of control over the preparation of the shipped products, which led to a delay in the delivery of goods to the customer ,
P R I K A Z Y V A Y:
reprimand storekeeper Viktor Petrovich Nesterov.
Base:
- Memorandum of the Deputy Head for Administrative and Economic Affairs O. V. Skvortsov dated 01.03 ..
- The act on the commission of an employee of a disciplinary offense No. 45 dated 05.03 ..
- Explanations of the employee from 02.03 ..
Director of Horns and Hooves LLC ________________ Strelkov I.P.
How is a disciplinary sanction lifted?
Any disciplinary liability is ongoing, but within the framework of labor rights about relations between specific persons... That is why the legislator has clearly established that if an employee has not received another one within 1 year from the date of receiving the previous disciplinary sanction, he will be considered exempt from disciplinary liability.
The Labor Code establishes that a disciplinary sanction is removed from an employee earlier in following cases:
Exemption from disciplinary sanction earlier than the established time limit is issued, as a rule, by an appropriate order.
Despite the fact that disciplinary action is one of the types of punishment on the part of the employer, it can be completely avoided by observing labor discipline. Remember that if you have more than one outstanding disciplinary action, you may well be fired under Article 81 of the Labor Code.
HR administration in small enterprises and for individual entrepreneurs, labor law requirements for its conduct, features, legal subtleties and problematic points
Application of labor legislation in the activities of the employer
Repeatedly in my practice, my colleagues and I had to face serious difficulties in protecting the interests of enterprises and individual entrepreneurs. These difficulties were a direct consequence of gross mistakes made by the leaders of these enterprises in the conduct of personnel records management. As a rule, such a situation develops in small enterprises and among individual entrepreneurs, who, in order to save money, are their own lawyers, accountants and personnel officers. Most of the documents are often simply downloaded from the Internet or borrowed from friends, and with a large share of the rate on "maybe Russian" are introduced into everyday activities. However, the consequences of such “optimizing” decisions can be very disastrous for an entrepreneur, because they come in the form of lost courts and thousands of fines for violation of labor laws. The “everyone works like this” argument will not impress a judge, assistant prosecutor or state labor inspector, at best. In the worst case, the entrepreneur will have a conversation with the employees of the Department for Economic Crimes or the Office for Tax Crimes, I think it is not worth talking about the consequences of conversations with representatives of the above departments. So is this savings justifiable? Yes, it justifies, but, as a rule, before the first visit to the court, labor inspection or prosecutor's office.
Most entrepreneurs are well aware that the times when "the employer is always right" are over, workers become more legally literate, know their rights and know how to defend them. There is only one way out, to adequately respond to this situation, provide reliable legal protection your business.
HR administration. What you should pay attention to.
So, in order, let's start with hiring:
Applicant's questionnaire:
many people believe this document formal, but in vain. In many cases, it can play a decisive role. This is a document in which the job seeker himself, personally and voluntarily provides information about himself. So what is its importance, I will cite just one case from my own practice, a person who was a disabled person of the second group was employed in a small enterprise. By external signs, it was impossible to determine that he was disabled when he was employed this citizen he concealed the fact of his disability. However, after leaving, he began to write complaints to all supervisory authorities and sued the employer for violating his labor rights as a person with disabilities. And in this case, the questionnaire played the main role, because in the column "Are you disabled, if so, what group" by the hand of the applicant himself was written "No, I am not."
This is just one of the cases, and there are many such cases. The Labor Code divides workers into certain groups, for each of which special conditions: hiring, working hours, social and other security. Therefore, when developing an applicant's questionnaire, special attention should be paid to these points. In the questionnaire in mandatory with a separate line for the signature, it is necessary to provide a clause stating that the applicant confirms the veracity of the information indicated by him and is aware of all the consequences associated with this.
In addition to the above: the questionnaire must be filled out by the applicant himself, all the items must be filled in, the answer to each of them must be written in words (i.e. without using signs, lines, shading, etc.), in the date of filling in the month must be spelled out in a word, after the signature, the decryption must also be complete. Filling should be done with one handle. The completed application form must be kept in the personal file of the work.
Labor contract:
an employment contract is the main document that defines the procedure and features of labor relations between an employee and an employer. When drawing up an employment contract, you must pay attention to the following points. First, you need to decide on the type of contract:
Fixed-term employment contract
An employment contract concluded for an indefinite period
With or without a trial period
if the contract provides probation, its terms and conditions must be reflected in the employment contract in accordance with Art. 70 of the Labor Code of the Russian Federation
Part-time job
an employment contract when applying for a part-time job should also reflect both the very fact that the employee is employed part-time and the features provided for by such work specified in Chapter 44 of the Labor Code of the Russian Federation
Sections of the employment contract:
in a standard employment contract, as a rule, the following sections should be provided:
1. The Subject of the Agreement
the parties to the contract are indicated, the position for which the employee is accepted, briefly the nature of the work and status
2. Duration of the contract
if the contract is urgent, the date from which the employee must begin to perform his work duties and the date of termination of work are indicated. If the contract is of unlimited duration, then only the date from which the employee must begin to perform his job duties is indicated
3. Conditions of remuneration of the employee
indicated salary(or the tariff rate) established by law and obligatory for payment of surcharges and surcharges, for example, the regional coefficient and the northern surcharge, while their size must be indicated. Here it is necessary to make a small digression - the size of the regional coefficient is a constant value if the employee constantly works in the area where such a coefficient is established. In a number of cases, the northern allowance changes its size depending on the continuous work experience of an employee in a given region. Therefore, in the employment contract, the percentage of the northern allowance is affixed at the time of the employee's employment, with the obligatory reference to the fact that the amount of this allowance is set on the date of employment and will be revised upward after the period established by law. If, at the time of employment, the amount of the allowance for a given area is the maximum, then it is indicated in the employment contract without reference to the change.
Also, additional incentive payments and surcharges (if any) are indicated, their amounts are indicated, or a link to a document establishing the procedure for calculating and the amount of these allowances and surcharges is indicated. The procedure and dates of salary payments are also indicated (it should be remembered that Article 136 of the Labor Code of the Russian Federation establishes the requirement that - wage paid at least every half month on the day established by the employment contract), as well as other features. In addition, it is necessary to indicate in this section of the employment contract and the procedure for implementing (established by Article 134 of the Labor Code of the Russian Federation) the employee's right to increase the real level of wages.
4. Working hours and rest
indicates: working hours, work week, the procedure for work and the provision of days off, the system of accounting for working hours, the total duration of working hours for the reporting period, breaks for meals and rest. It should be remembered that in the Khanty-Mansi Autonomous Okrug, employees are entitled to an additional paid leave of 16 days (Article 321 of the Labor Code of the Russian Federation), and a 36-hour working week is established for women (Article 320 of the Labor Code of the Russian Federation).
5. Rights and obligations of the employee
the basic rights and obligations of the employee are indicated in accordance with the position and nature of the work performed, while they must comply with the requirements set out in Art. 21 of the Labor Code of the Russian Federation and not contradict them
6. Rights and obligations of the employer
must meet the requirements set out in Art. 22 of the Labor Code of the Russian Federation
7. Social insurance of the employee
the employee is subject to compulsory social and medical insurance in the manner and under the conditions established by the current legislation of the Russian Federation. If the company operates additional programs social insurance they are also indicated
8. Warranties and compensations
for the period of validity of this employment contract, the employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the employer and the employment contract. If the company has additional guarantees and compensations, they are also indicated
9. Responsibilities of the parties
the main measures of responsibility of both the employee and the employer are indicated, as well as the procedure and grounds for bringing to these measures of responsibility
10. Termination of the contract
the grounds for terminating the employment contract are indicated, while they must comply with the requirements set out in Chapter 13 of the Labor Code of the Russian Federation and not contradict them
10. Final provisions
here you can indicate the nature of the contract, the terms of the contract, their legal force, the procedure for resolving disputes, etc.
11. Details of the parties
the details of the employee and the employer are indicated
some employers add a paragraph at the end of the employment contract with the following content "I am familiar with the internal labor regulations and local regulations" naively believing that anything can be inserted into this paragraph. However, this is not the case, the labor code requires the employee to personally familiarize himself in writing with the local legal acts regulating his activities at the enterprise. Alternatively, you can use an employee familiarization sheet with such documents, which indicates:
Registration number of the document
Date of its adoption
Full title
Worker painting
The acquaintance sheet is assigned the status of an annex to the employment contract, in which the corresponding entry is made
On the large enterprises with a large staff of employees, there are internal labor rules that determine all aspects of activity, in small enterprises there is no need for such documents, however, labor legislation requires the presence of such provisions even in a small enterprise, namely:
Internal labor regulations
establishes the mutual rights and obligations of the employer and employees, responsibility for their observance and implementation, ensures the regulation of labor relations at the enterprise, the establishment of an optimal work schedule, improvement of labor organization, strengthening of labor discipline
Regulations on working hours
establishes the procedure for regulating the working hours and rest hours of employees, taking into account the specifics of their work. Determine the work schedule, length of the working day, breaks. Each category of workers is signed by a separate section.
Labor Discipline Regulations
defines the concept of labor discipline of employees, as well as measures of responsibility for its violation. The following must be indicated without fail:
Types of violations of labor discipline
Disciplinary Measures for Violation of It
Procedure for imposing and removing disciplinary sanctions
Employee incentive regulation
defines the concept, types and amounts of incentives for employees, as well as the grounds for their establishment, reduction and deprivation. The following must be indicated without fail:
Types of incentives and their sizes
Grounds and procedure for applying incentives
The rest of the internal labor regulations, as a rule, are prescribed in the job descriptions of the employees themselves. Each position is approved by the order of the head of the enterprise.
especially if these are orders on punishment, they must necessarily contain clear, and most importantly, well-founded formulations. Often in my practice I have come across such punishment orders from the content of which it is generally impossible to understand for what exactly the employee was punished, accordingly, according to such orders, decisions were made about their illegality. As a result, the cancellation of orders and, accordingly, the penalties themselves, fines against the employer, recalculation and payment of material, and often moral damage to the employee, submissions from the supervisory authorities to eliminate deficiencies, a lot of wasted time and nerves. So that this does not happen to you, do not make such mistakes. As an example, I will give the procedure for drawing up a punishment order, because it is precisely such orders that are most often disputed by employees.
The procedure for drawing up an order "On Punishment":
You need to start the text of the order with a description of the event, for example -
"01.01. according to the schedule of drivers of LLC "Enterprise" driver Ivanov I.AND. was supposed to carry in the period from 09.00 to 19.00 sales representatives to retail outlets, however 01.01. year driver Ivanov I.I. did not come to work. About his absence from work, the driver Ivanov I.AND. I did not warn any of the employees of LLC "Predpriyatie" in advance, did not answer phone calls. In his explanation driver Ivanov AND.AND. he admitted the fact of his absence from the workplace, explaining that he had no valid reasons for not going to work ”.
“By his actions the driver Ivanov I.AND. violated the requirements of clause 3.1. their job description and clause 4.7 of the Regulations on labor discipline LLC "Enterprise"
“Based on the foregoing and guided by Art. 192 of the Labor Code of the Russian Federation and clause 5.3 of the Regulations on labor discipline of LLC "Enterprise", I order:
Here are just a few simple tips on the organization of personnel records management in a small enterprise or an individual entrepreneur.
However, in order to properly organize it and protect the interests of the employer in terms of compliance with labor legislation, a more professional approach to this area of activity is required. I am ready to help you in solving these issues. My services will cost you significantly less than constant payments for lawsuits and fines from supervisory authorities. I provide services to enterprises and individual entrepreneurs in terms of:
Development of labor contracts drawn up in the interests of your company, while strictly complying with the requirements of the labor legislation of the Russian Federation;
Development of internal regulations, regulations, orders and instructions regulating the activities of your enterprise in terms of labor organization;
Legal support in case of dismissal or reduction of "problem" employees;
Representing your interests in the labor inspectorate, prosecutor's office, court in resolving labor disputes;
Consulting on the application of labor legislation.
Do not forget that saving on services for legal support of business now may result in more significant losses in the future.
You can make an appointment or get a consultation by phone
The Labor Code of the Russian Federation gives all employers the right to apply certain penalties to workers for committing disciplinary offenses. Depending on the severity of the violations committed, the employer can dismiss the guilty person, reprimand or reprimand him. Any penalty should be documented - issue an order or order and familiarize the worker with a paper signed.
More on what is general order the appointment of penalties and how to correctly draw up an order on punishment for violation of labor discipline, further in the article.
The concept and meaning of labor discipline
Efficiency labor activity any employee depends not only on his professional qualities, knowledge and skills, but also on how responsible, organized and disciplined he is.
The conscientious performance of their duties by members of the working team ensures the unity and continuity of all business processes, has a positive effect on quantitative and qualitative indicators activities of the organization. Whereas non-compliance by employees with the rules of the labor schedule entails an imbalance in the forces of the enterprise, which means that it makes it more vulnerable to the effects of the external environment.
Labor discipline is the mandatory implementation by employees of the internal labor regulations (IHR) established at the enterprise. PVTP is a local document that is developed by the employer in strict accordance with the norms of the current legislation and covers all aspects of labor relations at the enterprise.
The rules govern a number of issues:
- employment and dismissal procedures;
- time of work and rest;
- the rights and obligations of the employer and the employee;
- salary;
- types and procedure for the appointment of incentives for work;
- penalties used in case of violation by an employee of the PVTP.
For non-observance of the rules, each worker is personally responsible. If an employee commits a disciplinary offense (DP), the employer has the right to impose certain sanctions on him. In this case, it is important to properly qualify the guilty act committed by a person. In other words, DP should be distinguished from the commission of an administrative or criminal offense, as well as from causing damage to the company.
Into the employer's piggy bank: how to arrange it correctly. Cases in which an extension of the probation period for an employee is allowed, and an example of an extension order.
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Features of a disciplinary offense
The conditions for defining AP and distinguishing it from other offenses are as follows:
- DP arises only within the framework of labor relations;
- the essence of the violation lies in the fact that a person does not fulfill (or improperly fulfills) his work duties;
- these duties are assigned to him by an employment agreement (or contract), a PVTP, job description or others regulatory documents(cm. );
- the committed offense is recorded and declared guilty by action or inaction.
Only in the presence of all of the above signs is it worth talking about the commission of DP.
Only the employer has the right to bring the guilty person to disciplinary responsibility. It is noteworthy that only one penalty can be imposed for one DP. This means that you cannot be punished for one act more than once, for example, reprimand the employee, and then fire him.
If the DP also contains signs of an administrative offense or crime, then the appropriate law enforcement agency can prosecute the offender.
In the Labor Code of the Russian Federation, there is no indication of specific types of AP. In the section on labor discipline, only general definitions and the types of penalties are listed. However, in Art. 81 of the Labor Code of the Russian Federation, the legislator, under the guise of grounds for terminating an employment contract with an employee, lists, among others, a violation of his labor duties. This list includes: absenteeism, being at work in a state of intoxication, disclosure of information representing a commercial or other secret, damage, reduction or waste of someone else's property, etc.
Important! If, as a result of the culpable act (or inaction) of the employee, the company has suffered damage, it is allowed to involve him in material responsibility.
The choice of the method of punishment and terms
The choice of the type of punishment imposed for the commission of DP remains with the employer. However, this choice must be fair and justified, since the worker has the right to appeal against the actions of the employer in the labor inspectorate.
The employer can apply one or another type of punishment only within the period established by law, namely: no later than one calendar month from the date of detection of the DP (not counting the period during which the employee is not at the workplace for valid reasons - on vacation or on sick leave) ... The period that has elapsed since the commission of the misdemeanor also plays a role. So, for DPs committed more than six months ago, the employer does not have the right to punish the employee now.
The procedure for registration of applied penalties
The fact of the DP by the employee should first of all be recorded by filling out a memorandum, act or decision of the commission - depending on what kind of violation he committed.
So, if an employee does not follow the order of the head, most often a memo is drawn up. If he is absent from the workplace without good reason or does not agree to undergo a medical examination, an act is drawn up. If, in the course of an internal investigation, it turns out that the employee caused material damage or allowed the disclosure of information that is a secret, a commission is convened and an appropriate decision is drawn up.
The first thing the legislator points out when describing the procedure for applying penalties is the employer's obligation, prior to imposing a penalty, to demand a written explanation from the guilty person. The latter must be provided to them within two days. If an employee ignores such a requirement, an appropriate act is drawn up.
If an employee in set time provides an explanatory note, then the subsequent actions of the employer will depend on what the guilty person motivates for the violation.
Drawing up an order
Based on the circumstances under which the DP was committed, its consequences, the reasons referred to by the employee in the note, the employer decides on the need to apply one or another punishment. At the same time, an order on violation of labor discipline is issued, a sample of which is presented below.
Such an order has a standard structure of an organizational and administrative document and contains the following details:
- company name (full and abbreviated);
- date of compilation;
- serial registration number;
- Title of the document;
- title;
- main text;
- manager's signature;
- the signature of the employee in respect of whom the order is drawn up.
As this sample shows, the main text of an order on violation of labor discipline for absenteeism includes two parts: a statement and an administrative one. The ascertaining part reflects the purpose of drawing up the document and the rationale. Here the surname, name, patronymic, position of the employee, the name of the department in which he works are indicated; the DP committed by him is described in detail. It also includes a link to legislative acts and internal documents of the company (employment contract, PVTP, etc.).
The administrative part (begins with the word "I order") contains the decision made by the head regarding the imposition of a penalty on the guilty person, in this case - the announcement of a comment.
Important! The legislator, in terms of such concepts as "remark" and "reprimand", does not draw a clear line between them and does not give them a precise definition. However, the sequence in which the penalties (reprimand, reprimand, dismissal) are listed in the Labor Code of the Russian Federation allows us to conclude that a reprimand is the mildest punishment for a misconduct, and a reprimand is a more severe one, which, in the event of a repeated violation, may entail dismissal ...
The order on the appointment of a reprimand for violation of labor discipline is drawn up in the same way, as evidenced by the following sample.
If the manager decides not to bring the offender to justice at all, a warning order is drawn up for violation of labor discipline. The administrative part of such a document usually contains several points at once. So, the manager, within the framework of one document, can order not only to warn the employee about the need to comply with labor discipline, but also to introduce additional control measures over the implementation of the PVTP by all employees of the organization.
Regardless of what measure of punishment is provided for by the order, the employee must be familiarized with it under the signature. This should be done within three days from the date of drawing up the paper. The calculation does not take into account the days when the guilty person is absent from his workplace. If the employee does not agree to familiarize himself with the order, the employer should draw up an appropriate act in order to document such a refusal.
Is it possible to fine employees for disciplinary offenses
One of the most common motivation methods in modern organizations is depriving, in other words - deprivation of the premium. Employers punish employees for tardiness, absenteeism, frequent and long smoke breaks, misuse of communications during working hours, and other disciplinary violations. The delinquent are deprived of the bonus (that is, the variable part of the salary) in part or in full.
It should be noted that the term "depreciation" is not enshrined at the legislative level, therefore, it should not be used in the company's local regulations either. From the practical point of view, de-bonuses mean the dependence of the appointment of a bonus to an employee on the fulfillment of the plan and the amount of work, the absence of violations of labor discipline, etc.
The legitimacy of this method of motivation depends on the current system of remuneration and bonuses in the organization. An important point is the familiarization of the employee with the signature with the procedure for calculating the bonus.
It should be understood that the employer is not entitled to deprive a worker of a permanent part of his salary, unless otherwise provided by law. Namely: if the employee did not cause direct actual damage to the organization. So, according to Art. 238 of the Labor Code of the Russian Federation, the employer can bring an employee to financial responsibility only if the actions of the latter have led to a decrease or deterioration of the organization's property.
Do not confuse depreciation with fines. Imposing fines on an employee is illegal (as well as). If the employer applies a fine to the guilty person, then even if there is an order on fines for violation of labor discipline, the employee can apply to the State Labor Inspectorate and appeal his actions in court.
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