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Unified form of order to impose a disciplinary sanction. Violations of discipline and their consequences. What types of disciplinary sanctions cannot be applied to an employee

Violations of labor discipline - we punish the employee

Labor legislation provides for the creation in each organization of its own rules of procedure. It is this document that employees are guided by, because it prescribes all labor moments and issues that arise at the enterprise: the time of the beginning and end of the working day, the procedure for calculating wages, and even the features of trade secrets.

Violation labor discipline even a slight delay or leaving the workplace for 5 minutes can be considered. Such seemingly harmless offenses can lead to heavy penalties. Therefore, it is very important to learn how to identify those acts 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 binding on absolutely all of its employees. These include rules of procedure, 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 some rule will be recognized as the fault of the authorities.

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.

Employee Responsibilities

The Labor Code defines a number of duties that are inherent in an employee, namely:

1. Compliance with all fixed rules and labor standards.
2. High-quality and conscientious performance of official duties.
3. Compliance with the rules of the order, labor protection and various regulations and requirements that are present in the workplace.
4. Take care of the tangible property that is in the enterprise.
5. Notify your management in the event of any dangers that may harm surrounding employees.

It is believed that if an employee violated at least one of these points, he 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 investigation.

List of violations of labor discipline

Among the most frequent misdemeanors that are associated with a violation of labor discipline are:

From this list, gross violations include constant absenteeism, forgery of documents, theft, visiting work while drunk, or committing some kind of illegal act.

All types of non-fulfillment of their work duties are divided according to the following criteria:

Disciplinary offenses are acts of violation of discipline during the performance of official duties.

Also, each employer should be able to distinguish between misconduct and liability, because if an employee has caused some kind of material damage, then he may be liable for this even after the end of the action. labor relations.

Penalties for violations of labor discipline

Article 192 of the Labor Code defines several penalties that are applicable to employees in the territory Russian Federation:

If, however, one of the local documents indicates the possibility of depriving the bonus for misconduct, 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 is created about this with a detailed description of the misconduct, the chosen punishment and the explanation of the employee himself. Although the remark does not cause much harm, it can stop the employee from systematic violations, which are caused by repetition of misconduct.

Reprimand for violation of labor discipline

The reprimand that is issued when committing some kind of disciplinary offense is of two types: ordinary and strict. It must be recorded in the order, but not indicated in the work book. In it, they can only note the dismissal, which was due to constant violations and failure to perform 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 be fired if an employee has stolen 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 rules of labor protection, regulations and other requirements against 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.

The order of recovery for a disciplinary offense

The authorities independently choose the punishment, which should be based on existing information and legislative norms.

The act of committing a disciplinary offense

Each violation must be recorded with the help of an act. This paper is created by the employee's superiors together with witnesses. Then the document, after signing, is sent to the employee, and the second copy is sent to the higher management so that it 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 protect yourself from unnecessary problems. Sometimes an act can be created, but only if the person refuses to explain any nuances. At the same time, it is worth knowing that such unwillingness 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 explanatory note of the employee himself are sent to the higher authorities, who already determine the features of imposing a penalty in this situation.

The order to impose a penalty

The management must analyze all the information and papers present in order to subsequently issue an order that will talk about the misconduct of the employee.

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 it was committed, and the punishment that was chosen. Documents that govern all this are also indicated. The finished order must be endorsed by the employer, the immediate supervisor of the violator and the head of the personnel department.

The order is not noted in the work book 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 offender has familiarized himself with it. It gives no more three days. It is very important to do so in such a way as to compare the size of the penalty and the complexity of the misconduct, as well as to impose it reasonably so that a person cannot challenge it in any way.

Order to remove the disciplinary sanction

If the authorities decide to cancel the punishment, then they can do this within a year after the misconduct occurred. 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 canceled on its own (as if it never happened) if no more violations were committed by the employee during the calendar year.

Deadlines for foreclosure

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 audit, the term of 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 the deprivation of encouragement (for example, bonuses) can be used by decision of the authorities. If an 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 misdemeanors, the most popular is absenteeism, which consists in the absence from work of an employee who did not warn his management in any way and did not provide a normal and confirmed reason. If some kind of emergency occurs (fire, seizure, accident), then the possibility is considered that the person did not have the opportunity to explain something. Based on this, for the sake of their own safety, employers are not advised to immediately somehow punish the employee, because if his reason was good, then he can safely complain about his management in court with a request to restore justice.

Violation of labor discipline (systematic, gross, repeated) - what threatens?

Which disciplinary action apply to an employee, the administration decides in each 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 a school in relation to a student is a gross violation of discipline and it is quite possible to apply the most severe punishment - dismissal.

For what faults can an employee be punished?

You can punish an undisciplined employee for:

1. Failure to perform duties without a valid reason and if the employee has previously been punished for a disciplinary violation.
2. Absenteeism.
3. A single gross violation of labor discipline by an employee.
4. Being at work in a state of intoxication or drug intoxication.
5. Disclosure of state or official secrets.
6. Waste, theft, loss or other intentional damage to property, confirmed by a court verdict.
7. Loss of trust as a result of guilty actions.
8. Committing an immoral act in execution job duties.

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:

1. Comment. It does not bear any consequences for the employee, but can be taken into account in case of repeated misconduct.
2. Rebuke. Can be strict or regular. If the violation is repeated and the employee is fired, then a note is made in the work book that the employment contract has been terminated for repeated violation of labor discipline by the employee.
3. Dismissal. The most severe and unpleasant measure of disciplinary action. It entails not only the loss of work, but an ugly entry in the work book. which further reduces the chances of continuing a career.

In practice, punishment with the ruble is common, although this is prohibited by law. Some managers, not afraid of labor inspections, introduce fines for systematic violation of labor discipline, and some do it in completely legal ways, depriving employees of bonuses or allowances.

How is disciplinary action imposed?

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 interfere with the administration of the perpetrator, 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, an order for disciplinary punishment is issued within 30 days. The monthly period does not include the presence of the guilty person on vacation or on sick leave.

The employee is acquainted with the order personally against signature before the expiration of three days. If the employee refuses to sign the punishment order, then an act of refusal is written.

If the offender does not agree with the punishment. the order can be appealed to state inspection labor or directly to the court. Beforehand, it is recommended to contact a lawyer or a lawyer dealing with labor disputes. They will prompt the prospects of the case and recommend ways to solve the problem.

Two punishments cannot be imposed for the same offense. For example, if an employee is fired for a systematic violation of labor discipline, they do not have the right to simultaneously deprive him of the bonus.

An analysis of labor legislation suggests that rather strict 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 one day a 5-minute delay can cost the workplace.

Disciplinary penalties and fines for violations of labor discipline

The procedure for applying disciplinary sanctions

The Labor Code categorically prohibits the use of disciplinary measures, except for the penalties 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. You can't fine an employee.

When an employee commits a disciplinary offence. employer, according to Art. 192 of the Labor Code of the Russian Federation, has the right: to make an oral or written remark to the employee, to announce a reprimand, to dismiss the employee on the grounds provided for in paragraphs 5, 6, 9 or 10, part 1 of Art. 81, paragraph 1 of Art. 336 or art. 348.11 of the Labor Code of the Russian Federation, as well as paragraph 7 or paragraph 8 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

In addition, the procedure for applying 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 failure or poor performance of the assigned task, a memorandum from the immediate supervisor. The 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 was no explanation from the employee, this is recorded in the act.

For each disciplinary offense, only one disciplinary sanction can be applied; the employee must be familiarized with the order to punish the employee against receipt within three working days from the date of its issuance. If an employee refuses to put his signature under the order, this is recorded in the relevant act.

Disciplinary measures

However, the employer can punish the employee with a ruble. In my opinion, it is sometimes necessary to do this. True, such a measure of disciplinary action can hardly be called a fine. Often in the specialized literature there is the concept of "rewarding", which the authors equate to the concept of "fine". However, a fine is one of the types of punishment, expressed in monetary form and levied for committing a misconduct, while a bonus is one of the forms of encouragement for success achieved in work. The prefix "de" means the absence, the cancellation of the bonus, which has nothing to do with penal, punishing, sanctions. Prize, in accordance with Art. Art. 129, 135 of the Labor Code of the Russian Federation, is one of the incentive payments. Accordingly, in the composition of wages, this value is variable. The size 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 bonus, the payment of which to the employee is already provided for by the order of the enterprise, but simply to exclude the employee who has been at fault from the bonus order or pay the bonus in a reduced amount.

This is also mentioned in Art. 191 of the Labor Code of the Russian Federation, according to which the employer encourages employees who conscientiously fulfill their labor duties. Among the incentives named and the payment of bonuses.

Thus, in order to receive a bonus, an employee must fulfill the bonus conditions set out in the bonus regulation approved by the enterprise. Any violation of labor discipline, as well as non-fulfillment of labor duties assigned to the employee employment contract may affect the amount of the premium paid.

If you want to "punish with a ruble" an employee for violating labor discipline, include the following wording in the bonus provision: "A bonus in the amount of 1 to 100 percent is paid to employees for labor achievements in the absence of disciplinary sanctions." In no case do not mention in local regulations, an employment contract with an employee or an order for bonuses the wording: "deprive", "reduce the bonus" or "reduce the amount of the bonus" (Letter of the Ministry of Labor and Social Development of the Russian Federation dated July 31, 2000 N 985 -eleven). Remember, according to the Labor Code of the Russian Federation, it is forbidden to fine an employee for disciplinary offenses or worsen his position in comparison with the stipulated labor contract and the Code.

You can not execute, pardon

As you know, judges treat employees much more loyally than an employer would like. For some reason, servants of Themis consider workers as more weak side in a case that requires protection.

The fattest point in the order of application by the courts of the norms of the Labor Code was put by Supreme Court RF in the Decree 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 efficient. First of all, when considering a labor dispute to challenge a disciplinary sanction, the court rechecks the employer's compliance with the general principles of legal and, consequently, disciplinary liability, such as fairness, equality, proportionality, legality, guilt, humanism, in relation to the employee. These principles are reflected in Art. Art. 1, 2, 15, 17, 18, 19, 54 and 55 of the Constitution of the Russian Federation.

Employees are, in most cases, successful in challenging employer disciplinary orders that do not result in a reduction in their wages.

The Decision of the Moscow Arbitration Court dated May 4, 2006, May 15, 2006 in case N A40-17389 / 06-146-165 expressly states that the deprivation of the award is not a disciplinary measure due to 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 violating labor discipline.

Employees usually value their workplace, so they often agree with the employer's actions aimed at maintaining labor discipline. Those who are dissatisfied enjoy the protection of their rights, established by Art. 352 of the Labor Code of the Russian Federation. Among them is a complaint against the employer to the bodies of state supervision and control over compliance with labor laws.

The employee's contact labor inspection- a reason for the control bodies to check compliance with the employer's labor law. Neglect of them, including the illegal collection of fines from personnel for violation of labor discipline, leads to liability under Art. 5.27 of the Code of Administrative Offenses. The fine for legal entities ranges from 30 to 50 thousand rubles. For individual entrepreneurs- from 1 to 5 thousand rubles. Both categories of employers may be punished by suspension of activities for up to ninety days. Officials can be fined from 1 to 5 thousand rubles.

Advice to employers: apply legal disciplinary measures to employees, but do not forget to delve into the essence of the misconduct committed and all its circumstances in order to ascertain whether the employee’s actions are guilty of non-performance or improper performance of the duties assigned to him. Otherwise, the employee has the right to challenge the disciplinary sanction applied to 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 applying a disciplinary sanction under the Labor Code of the Russian Federation

A disciplinary sanction is provided by the legislator as a measure of responsibility for violation of the organization's labor schedule. When imposing a disciplinary sanction, all requirements of labor legislation must be taken into account. You will learn how to properly impose a disciplinary sanction (Labor Code of the Russian Federation) from our article.

When can disciplinary action be taken?

Providing for incentives for conscientious performance of work, the legislator simultaneously introduces norms that regulate the issues of punishing irresponsible employees.

A disciplinary sanction may be imposed on an employee only if the latter has committed a disciplinary offense.

That is, if the employee does not perform (improperly performs) his official duties, then disciplinary action cannot be avoided.

Specifically, offenses include:

However, special federal laws may establish that a disciplinary sanction is imposed on an employee not only for committing a misdemeanor that violates labor discipline. For example, the Federal Law of January 17, 1992 No. 2202-1 On the Prosecutor's Office of the Russian Federation establishes that an employee may receive a disciplinary sanction in the event of misconduct that may discredit the honor and dignity of a prosecutor's worker.

Disciplinary sanctions are divided into general and special.

General disciplinary actions include the following:

Special disciplinary sanctions are provided for in the provisions or laws on certain types services (employees) in the Russian Federation. But the legislator clearly limits the employer: the application of disciplinary sanctions. that are not specified in federal law, disciplinary regulations, or statutes is not allowed. Otherwise, the employer may be held administratively liable for imposing unnecessary disciplinary sanctions under Article 5.27 of the Code of Administrative Offenses, and administrative proceedings may be initiated against him.

For any disciplinary offense, only one disciplinary sanction may be imposed. For example, if an employee appeared at work in a state of intoxication, and the employer reprimanded him for this offense, then dismiss the employee in accordance with subpara. b p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation for the same misconduct, he no longer has the right.

Disciplinary responsibility is independent view responsibility. Accordingly, in order to attract to it, it is necessary to have an offense in the form of a subject, object, subjective and objective sides.

Subject in this case there will be a citizen who is in labor relations with a particular organization and violates labor discipline.

The subjective side is a form of employee's guilt.

Object - the work schedule of the organization.

The objective side is the connection between the actions of the employee and the consequences that have occurred.

The result of bringing to disciplinary responsibility is the imposition of a disciplinary sanction. In this case, the employer personally decides whether he will impose a disciplinary sanction. because it is his right. Such a conclusion can be drawn from the analysis of dispositive norms of labor legislation. But if he nevertheless decides to punish the employee, then deviation from the requirements of the law is unacceptable.

The 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 case of violation of labor discipline. But this time period does not include:

It should be remembered that any disciplinary sanction cannot be imposed:

These terms will not include the period of time during which the criminal proceedings were ongoing.

The procedure for applying disciplinary sanctions is as follows.

1. 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 count. But not from the date the author of the memorandum was written, but from the date when this paper reached the head.
2. Further, 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. We draw your attention to the fact that the employee's failure to provide explanations cannot serve as a basis for not applying a disciplinary sanction.
3. If the employee writes an explanatory note, then, accordingly, he indicates the reasons for the misconduct. Labor legislation does not provide for criteria for valid reasons, so the employer evaluates them at its discretion.
4. If the employer considers that the reasons for the misconduct are disrespectful, an order is drawn up to impose a disciplinary sanction.

Order for disciplinary action

An order to impose a disciplinary sanction can only be issued in cases where the fault of the employee 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 an arbitrary form.

After issuing an order to impose 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 of time does not include the period when the employee was absent from work.

If the employer fails to comply given term, then 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. After all, if there are several outstanding disciplinary sanctions, an employee can be dismissed under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation (an employee repeatedly fails to perform official duties without serious grounds, while having a disciplinary sanction).

Sample letter of 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 Nesterov Viktor Petrovich of the labor duties assigned to him by the employment contract No. 5 dated 09/01/2005 and the job description of the storekeeper dated 08/06/2004, expressed in the lack of control over the preparation of shipped products, which led to a failure to deliver the goods to the customer ,

P R I C A Z Y V A YU:

reprimand the storekeeper Viktor Petrovich Nesterov.

Base:

1. Memorandum of the Deputy Head of the administrative and economic part Skvortsov O. V. dated 01.03 ..
2. Act on the commission of a disciplinary offense by an employee No. 45 dated 05.03 ..
3. Explanations of the employee from 02.03..

Director of Horns and Hooves LLC ________________ Strelkov I.P.

How is a disciplinary sanction removed?

Any disciplinary liability is of a continuing nature, but within the labor rights relationships between specific individuals. That is why the legislator clearly established that if an employee has not received another disciplinary sanction within 1 year from the date of receipt of the previous disciplinary sanction, he will be considered exempt from disciplinary responsibility.

The Labor Code establishes that a disciplinary sanction is removed from an employee earlier in the following cases:

Exemption from disciplinary action earlier due date issued, as a rule, by the 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 there are several outstanding disciplinary sanctions, you may well be fired under article 81 of the Labor Code.

Personnel records management at small enterprises and individual entrepreneurs, the requirements of labor legislation for its maintenance, features, legal subtleties and problematic issues

Application of labor legislation in the activities of the employer

Repeatedly in my practice, I and my colleagues 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, this situation develops in small enterprises and 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 stakes on the "Russian maybe" are introduced into everyday activities. However, the consequences of such “optimizing” decisions can be very deplorable for an entrepreneur, because they come in the form of lost court cases and thousands of fines for violating labor laws. The “everyone works this way” argument will not impress a judge, an assistant prosecutor, or a state labor inspector, and this is in best case. In the worst case, an entrepreneur will have a conversation with the employees of the Economic Crime Department or the department for tax crimes, I think it’s not worth talking about the consequences of conversations with representatives of the above departments. So is this saving justified? Yes, he justifies, but, as a rule, before the first visit to the court, the labor inspectorate or the prosecutor's office.

Most entrepreneurs are well aware that the times when “the employer is always right” are ending, employees become more legally literate, know their rights and are able to defend them. There is only one way out, to adequately respond to this situation to ensure reliable legal protection of your business.

Personnel management. What should you pay attention to.

So, in order, let's start with hiring:

Applicant 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 vacancy applicant himself, personally and voluntarily, provides information about himself. So what is its importance, I will give just one case from my own practice, a person who was a disabled person of the second group found a job in a small enterprise. By external signs, it was impossible to determine that he was disabled; during employment, this citizen hid the fact of his disability. However, having subsequently resigned, he began to write complaints to all supervisory authorities and sued the employer for violating his labor rights as a person with a disability. And in this case, the questionnaire just played the main role, because in the column “Are you a disabled person, if so, which group” was written “no, I am not” by the hand of the applicant himself.

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 are provided: employment, working hours, social and other security. Therefore, when developing the applicant's questionnaire, these points should be addressed Special attention. In the questionnaire, without fail, with a separate line for signature, it is necessary to provide for a clause stating that the applicant confirms the veracity of the information he has provided and is aware of all the consequences associated with this.

In addition to the above: the questionnaire must be filled out by the applicant on his own, all points must be filled in, the answer to each of them must be written in words (i.e. without the use of signs, lines, shading, etc.), in the date of filling a month must be spelled out in a word, after the signature, the transcript must also be complete. Filling should be done with one pen. The completed questionnaire must be kept in the personal file of the worker.

Employment contract:

an employment contract is the main document that determines the procedure and features of labor relations between an employee and an employer. When drawing up an employment contract, attention should be paid to following points. First you need to decide on the type of contract:

Fixed-term employment contract

Employment contract concluded for an indefinite period

With or without probation

if the contract provides for a probationary period, 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

an employment contract when hiring 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:

A standard employment contract should usually include the following sections:

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 labor duties and the date of termination of work is indicated. If the contract is open-ended, then only the date from which the employee must begin to perform his labor duties is indicated

3. Conditions of remuneration of the employee

indicated official salary(or tariff rate), established by law and mandatory for payment of allowances and surcharges, for example, the regional coefficient and the northern allowance, while their amounts must be indicated. Here it is necessary to make a small digression - the size of the district coefficient is a constant value if the employee constantly works in the area where such a coefficient is established. The northern allowance in some cases changes its size depending on the continuous seniority worker in the region. Therefore, the percentage is affixed in the employment contract northern allowance at the time of employment of the employee, with a mandatory reference to the fact that the amount of this allowance is set on the date of employment and will be revised upwards 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.

Additional incentive payments and surcharges (if any) are also indicated, their amounts are indicated, or a link is indicated to a document establishing the procedure for calculating and the amounts of these allowances and surcharges. The order 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 a 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 the implementation (established by Article 134 of the Labor Code of the Russian Federation) of the employee's right to increase the real level of wages.

4. Mode of working time and rest

indicate: working hours, work week, the procedure for working and granting days off, the system for recording working hours, the total length of working time for the reporting period, breaks for meals and rest. It should be remembered that in Khanty-Mansiysk Autonomous Okrug employees are entitled to an additional paid leave of 16 days (Article 321 of the Labor Code of the Russian Federation), and for women a 36-hour work week is established (Article 320 of the Labor Code of the Russian Federation).

5. Rights and obligations of an 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 forth in Art. 21 of the Labor Code of the Russian Federation and not contradict them

6. Rights and obligations of the employer

must comply with the requirements set out in Art. 22 Labor Code of the Russian Federation

7. Worker's social security

the employee is subject to compulsory social and medical insurance in the manner and on the terms established by the current legislation of the Russian Federation. If the company has additional programs social security they are also indicated

8. Guarantees 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 employer and employment contract. If the company has additional guarantees and compensation, they are also indicated

9. Liability of the parties

the main measures of responsibility are indicated, both for the employee and the employer, as well as the procedure and grounds for bringing to these measures of responsibility

10. Termination of the contract

the grounds for termination of the employment contract are indicated, while they must comply with the requirements set forth in Chapter 13 of the Labor Code of the Russian Federation and not contradict them

10. Final provisions

here you can specify the nature of the contract, the terms of the contract, their legal effect, dispute resolution procedure, etc.

11. Details of the parties

details of the employee and employer

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 a personal written acquaintance an employee with local legal acts regulating his activities at the enterprise. Alternatively, you can use an employee familiarization sheet with such documents, which indicates:

Document registration number

Date of its adoption

Full title

Worker painting

The familiarization sheet is assigned the status of an annex to the employment contract, in which the corresponding entry is made

On large enterprises with a large staff of employees, there are internal labor regulations that determine all aspects of activity, at small enterprises there is no need for such documents, however, labor legislation requires the existence of such provisions even at a small enterprise, namely:

Regulations on internal labor regulations

establishes the mutual rights and obligations of the employer and employees, responsibility for their observance and execution, ensure the regulation of labor relations at the enterprise, the establishment of an optimal labor schedule, improvement of labor organization, strengthening labor discipline

Regulations on working hours

establishes the procedure for regulating the regime of working time and rest time for employees, taking into account the characteristics of their work. Determine the work schedule, the length of the working day, breaks. Each category of workers signs a separate section

Regulations on labor discipline

defines the concept of labor discipline of employees, as well as measures of responsibility for its violation. It is mandatory to indicate:

Types of violations of labor discipline

Disciplinary measures for its violation

The procedure for imposing and removing disciplinary sanctions

Regulations on employee incentives

defines the concept, types and amounts of incentives for employees, as well as the grounds for their establishment, reduction and deprivation. It is mandatory to indicate:

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 punishment orders, they must necessarily contain clear, and most importantly, reasonable wording. Often in my practice there were such orders for punishment from the content of which it is generally impossible to understand what exactly the employee was punished for, respectively, 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, representation oversight bodies about eliminating 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 an order on punishment, because it is precisely such orders that are most often disputed by employees.

The procedure for drawing up the 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 work schedule of the drivers LLC "Enterprise" driver Ivanov I.I. had to carry in the period from 09.00 to 19.00 sales representatives on outlets, however, 01.01. year driver Ivanov I.I. did not go to work. About his absence at work, the driver Ivanov I.I. I did not warn any of the employees of LLC "Enterprise" in advance, did not answer phone calls. In his explanation, the driver Ivanov AND.AND. admitted the fact of his absence from the workplace, explaining that good reasons he didn't have to go to work."

“By their actions, the driver Ivanov I.I. violated the requirements of clause 3.1. of his job description and clause 4.7 of the Regulations on labor discipline of 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 for organizing personnel records management in a small enterprise or individual entrepreneur.

However, in order to properly organize it and protect the interests of the employer in terms of compliance with labor laws, more professional approach to this line of work. I am ready to help you in resolving these issues. My services will cost you much less than constant payments on lawsuits and fines from supervisory authorities. I provide services to businesses and individual entrepreneurs in terms of:

Development of employment contracts drawn up in the interests of your company, while strictly complying with the requirements of the labor legislation of the Russian Federation;

Rule development 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;

Representation of your interests in the labor inspectorate, prosecutor's office, court in resolving labor disputes;

Advice on the application of labor legislation.

Do not forget that savings on legal business support services now can result in more significant losses in the future.

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Disciplinary sanctions, unfortunately, are the reality of labor relations. The correctness of imposing a warning or reprimand allows not only to avoid litigation, but also to correctly dismiss a negligent employee.

The hierarchy of disciplinary actions begins with a warning/warning and ends (in the worst case) with dismissal.

Such entries are usually not included in work book. For all types of penalties, the "cap" of the order is the same. Here indicate the number of the document, the date of its creation and the details of the organization. At the end of the document, the signature of the head and the employee's signature on familiarization with the order to impose a disciplinary sanction are put. Here we will consider samples of orders for bringing to disciplinary responsibility.

Consider first a sample order for disciplinary action in the form of a comment. A remark/warning is announced to an employee in case of a minor or first violation of labor discipline or improper performance of duties. Be sure to get an explanatory note from the employee. If the employee does not want to write an explanatory note, then it is necessary to attach a report / memo from his immediate supervisor or draw up an appropriate act. Below is a sample order for violation of labor discipline in the form of absenteeism:

Jupiter Limited Liability Company

ORDER #11

Due to the absence of the storekeeper Ivanov Vasily Ivanovich at the workplace during the working day on September 22, 2016 from 8-00 to 17-00

I ORDER:

Announce a remark to the storekeeper Ivanov Vasily Ivanovich

BASE:

report of the head of the warehouse Kovalenko Fedor Petrovich dated September 23, 2016, explanatory note of the storekeeper Ivanov Vasily Ivanovich dated September 23, 2016

Director Fedorov I.I.

Read also: Employee incentive memo: sample

Familiarized with the order __________________________ Ivanov V.I.

A reprimand is usually issued if the employee already has a penalty in the form of a remark / warning. This requirement is optional. If the violation is serious or has resulted in material loss, then a reprimand may be issued without a comment/warning. A sample order for disciplinary action in the form of a reprimand is given below:

Closed Joint-Stock Company"Gem"

ORDER #24

In connection with the refusal of the driver Kuznetsov Petr Fedorovich to perform a flight to Kamenogorsk on August 18, 2016

I ORDER:

Reprimand Kuznetsov Petr Fedorovich

BASE:

Service note of the head of the garage Symonenko Petr Petrovich dated August 20, 2016, explanatory note of the driver Kuznetsov Petr Fedorovich dated September 20, 2016, act dated August 20, 2016 (attached).

Director Gavrilov V.I.

Familiarized with the order __________________________ Kuznetsov P.F.

Recommendations may be given in the order to impose a disciplinary sanction and a person responsible for their implementation may be appointed, for example, in the event of an employee violating safety regulations, it may be written: “to the head of the assembly shop Kozitsyn V.V. on August 22, 2016, conduct an unscheduled briefing of employees on safety precautions during the operation of heating furnaces. The charge may be withdrawn by a separate order.

Disciplinary punishment is not the most pleasant phrase. Everyone knows perfectly well what follows these two words. Therefore, this topic should be considered in the closest possible way - after all, in this case, the more you know, the better you sleep.

Types of disciplinary sanctions

Let's start by characterizing this concept in accordance with the legal norms that regulate it. It is closely connected with the logical reason for its appearance, namely, the violation of labor discipline. Any offense that violates the work schedule adopted in the organization falls under this definition. Lateness, absenteeism, unreasonable leaving of the workplace assigned to the employee, even a mess on it - are punishable by the imposition of certain sanctions, the last resort of which is dismissal.

• 1. Remark;
• 2. Reprimand, with or without a record in a personal file;
• 3. Dismissal justified by legal grounds for this action.

As you can see, they are arranged in order of increasing severity of the resulting consequences. If the remark is a kind of warning, and the reprimand is a suggestion, an indicator that the employee should be equal in his actions to a model of discipline, then the last point indicates the highest degree of loss of confidence.

Separately, the Labor Code of the Russian Federation states that other types of disciplinary punishments are provided for certain categories of working citizens. For example, for financially responsible persons, the penalty can be monetary, implemented as a deduction of part of salary funds or as a deprivation of a bonus. The use of the latter method is often practiced in the case of employees who do not perform production plans in the required amount.

Reasons for disciplinary action against an employee under the Labor Code of the Russian Federation

The main prerequisite for this kind of action on the part of management can be any act of an employee related to the failure to fulfill his job duties. Failure to do so is also a reason for punishment.
In essence, both a negligent attitude to work and a banal lateness without good reason, and unreasonable early departures may well be the reason that you will be applied to something from the list of measures named under the previous heading - both a simple remark and a reprimand and dismissal.

Form and example of a disciplinary order

There is no mandatory form of the order, but this document is subject to general bureaucratic norms.
The order must have:

• In the header - the name of the company and details.
• The name of the order, its number and the date of compilation are indicated next.
• After that comes a part of the rationale: a description of the violation, the full name of the offending employee, the wording of the offense, indicating the article or legal act on which it relies.
• The main part ends with a bureaucratic formulation of the assigned responsibility, the grounds and the verdict issued by the management are indicated: dismissal, fine, reprimand or remark.
• The last item is signatures. A sample order must have a line for the autograph of the director or the person replacing him, as well as a place for the signature of the employee in question.

In more detail and clearly, the basic rules for drawing up an order can be seen in a sample of this type of paper. They are easy to find by copying the subtitle of this part of the article into the search bar of the browser. In the following, we will indicate several links with the relevant collection orders.

Samples

A sample form available for download will help to correctly issue an order. Here it is important to indicate the reason why it was decided to hold the employee liable. It is also important to attach evidence to the document when we are talking about such a serious measure as dismissal.

• In the form of a reprimand
• absenteeism order

The imposition of such a punishment only seems to be a superficial measure. In fact, this gives the employer the full right to deprive the employee of the bonuses stipulated by the contract, so it is important not only to know the work schedule, but also to observe it at the workplace.

Appealing an order to impose a disciplinary sanction - the procedure for appealing

Of course, a person subjected to punishment may well be dissatisfied with the fact that such was imposed on him. Its removal is initiated by appealing the decision made by the management in the relevant authorities:

• In a court;
• Commissions on labor disputes;
• At the labor inspectorate of the municipality.

Mere desire or seething discontent is not enough for conversion. This action must be accompanied by objective reasons: incorrect design decision, the incompetence of sanctions actions, violation of the order of imposition (for example, the absence of a written explanation for committing a misconduct) and other omissions of the leadership.

The deadline for appeal is three calendar months. Completion of the Application for Appeal must be done within this period. Upon dismissal, a month is allotted to restore a good name.

Sample order for the removal of a disciplinary sanction

The issuance of such a decision to remove must have motivation - the petition of the employee.

It states:

• Description of the motivation that initiates this action of the paper, the reasons for the withdrawal;
• Name of the employee and position;
• The content of the decision;
• The basis for its removal.

Signatures of responsible persons are required!

What are the consequences of refusing to sign a disciplinary order?

Just drawing up an act of refusal to sign. An action cannot have any consequences. An employee can familiarize himself with the order, but refuse to sign it, regardless of the punishment imposed: reprimand, remark or dismissal.

Drawing up an order to remark to an employee can take place in the most different occasions. As a rule, these are minor violations of labor discipline, minor errors in work, neglect of labor protection and compliance with safety measures at work, etc.

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What is a remark and how does it threaten an employee

The remark refers to the most common types of disciplinary action (read) and is the most lenient punishment. Usually, the employer resorts to just such a measure of influence when he wants to warn the employee about the inadmissibility of such violations in the future.

It is not necessary to make a remark in the employee's personal file, but sometimes employers do it. In addition, the remark may be accompanied by such an action as the cancellation of bonus payments (if this species incentives provided for by the employee's employment contract).

How long is the notice valid?

After the employer has issued a remark to his subordinate, the latter should keep in mind that a year after that he is under close supervision.

If there are no repeated violations during this period, then the remark will be automatically canceled and all the rights of the employee will be restored in full, but if something like this happens again, the offender can be punished more severely: with a reprimand or even dismissal.

It should be noted that the employer has the right to prematurely cancel the disciplinary sanction previously applied to the employee. It is quite simple to do this: you just need to release the appropriate one and familiarize the responsible persons with it, as well as the employee himself. Usually the reason for the cancellation of the penalty is repentance, clear signs of correction of the employee, strict observance of labor discipline and excellent performance.

Who writes the notice order

The function of writing a notice order may be the responsibility of any employee of an enterprise who has certain knowledge of the labor and civil law of the Russian Federation and the skills to draw up such documents. Usually this is a legal adviser, a specialist in the personnel department, a secretary, or the head of an enterprise. However, regardless of who exactly writes the document, it should be borne in mind that it is created on behalf of the company and must be endorsed by its director.

Basis for the order

Absolutely any order drawn up on behalf of the company's management must have a written basis. In most cases, this is

• or from the head of the structural unit in which the offending employee works,
• as well as an act fixing the misconduct and.

Without these papers, the document will not be considered justified and in which case it will be very easy to refute it, moreover, for the absence of a basis for writing an order, and hence the penalty itself, the employer may be subject to administrative punishment.

The order of declaration of the remark

Before announcing a remark to an employee, according to the law, the employer is obliged to first record the violation itself (for this, the essence of what happened, the date and time of the event are detailed in a special act), and then receive an explanation from the employee on the fact of the violation.

Explanations must be given in no more than two working days - if they are not available, it is considered that the employee does not have good reasons to justify the misconduct committed.

If there are explanations, but the employer did not consider them weighty enough (and this opinion is confirmed in the law), this also serves as the basis for a disciplinary sanction.

If the offender does not want to sign the document, an appropriate act should be drawn up about this.

The employee in respect of whom the order is issued must be familiarized with it against signature within three days, as well as those employees of the enterprise who are responsible for the implementation of this order.

The procedure for imposing a disciplinary sanction should be treated very carefully, because if it comes to proceedings in the labor inspectorate or court, the entire process and every piece of paper in it will be considered “under a microscope”.

Rules for drawing up an order

For today unified sample there is no order for disciplinary action, so employers can write it in any form or according to a template developed within the enterprise. However, this document must contain a number of specific information, including:

• name of company,
• Document Number,
• the date and place of its compilation,
• personal data about the offending employee (his position and full name).

In the order, it is necessary to indicate the reason for its creation (i.e., indicate the essence of the claim against the employee), the date of the misconduct, and also provide links to the basis. The latter are usually an act fixing the violation and a memorandum or memo from the head of the offender and an explanatory note (if any).

Rules for issuing an order

The order can be made in different options: both in handwritten format and in printed form, both on a plain A4 sheet and on company letterhead. However, he must have original autograph of the company director or a person authorized to sign such papers. It is not necessary to endorse it with a seal, since it refers to the internal administrative documentation of the company, moreover, since 2016 legal entities exempted from the need to certify their documentation with seals and stamps.

Does the employee have the right to challenge the order?

An employee of the enterprise who does not agree with the disciplinary sanction imposed on him has every right to challenge this order. True, you should first stock up on any written evidence of innocence or legislative acts confirming the correctness of the employee. If the employer does not agree with the arguments given, you can apply to the labor inspectorate or, as a last resort, to the court.

It is necessary to fulfill your job responsibilities in any position. Each has its own rules set by the company and, of course, Labor Code RF. However, not all employees are responsible people. There are also situations when the employee decided not to perform any duties or even violate some of the rules established by the employer.

In our article, we will talk about what exactly can an order to punish an employee look like and what kind of punishment can be. Contrary to the wishes of the angry leader, their list is quite small, and there are still restrictions on each of the possible punishments. On responsibility for misconduct in the workplace - further.

Punishment of employees in accordance with the Labor Code of the Russian Federation

• Comment. Often the manager simply makes a verbal remark, warning the employee about possible consequences in the event of a repeat of what happened;
• Rebuke. To assign a reprimand, you need to make a little more effort. It will be necessary to document the committed disciplinary offense. Only after that is a reprimand already drawn up. A similar measure is assigned for "average" violations;
• Dismissal. A similar measure is already applied in cases of serious misconduct. According to Art. 81 of the Labor Code of the Russian Federation, similar may be: going to work shift, repeated failure to perform their work duties, absenteeism (shifts without warning), etc.

It is especially worth noting that cases of theft also belong to disciplinary violations. Theft in small sizes can be committed both with other persons and with the employer himself. In this case, in addition to dismissal under the article, the employee may also receive criminal punishment for their deeds.

What a Sample Order of Punishment Looks Like

After the employee’s guilt is documented and there is no doubt that he really committed a violation, an order is already drawn up. There is no regulated form for such an order; it is drawn up depending on the requirements of the organization itself, in a more or less free form. The only requirement that can be applied to him is the order must be issued within a month from the date the misconduct was committed by the employee.

The order to impose a penalty for disciplinary violations is filled out on the letterhead of the organization. The document can usually consist of:

• Full name of the organization, company or enterprise in which this order is assigned;
• Order numbers, dates of compilation, as well as signatures both the employee and the leader;
• A brief description of the disciplinary offense committed and the date of the incident;
• The order itself on the announcement of a reprimand or remark. Or, if the misconduct is serious enough, then dismissal.

It should be noted that the disciplinary sanction is temporary. If the employee has no more reprimands, then disciplinary liability shall cease after one year. However, the manager can issue an order that will relieve the employee of it before the specified time. This is done at the request of the management, a statement from the employee himself, as well as a statement from the trade union, if any.