What can be reprimanded for. Reprimand as a measure of disciplinary punishment

For committing a disciplinary offense, i.e. for guilty non-performance or improper performance by an employee of his labor duties, three types of penalties can be applied to him (Article 192 of the Labor Code of the Russian Federation):

Remark (less strict measure of responsibility);

Reprimand (more stringent measure of responsibility);

Dismissal.

federal laws, charters and regulations on discipline in force for certain categories of employees (for example, for state and municipal employees, customs and prosecutors), other disciplinary sanctions may also be provided (Article 193 of the Labor Code of the Russian Federation).

For ordinary organizations, the list of these penalties is exhaustive, therefore, the employer does not have the right to apply other types of punishment to employees (fines, deprivation of bonuses, etc.). If such facts are revealed by the Federal Labor Inspectorate, then the organization may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor legislation.

The penalties listed in Art. 192 of the Labor Code of the Russian Federation, can be applied not only in the order in which they are indicated in the Labor Code of the Russian Federation. Therefore, taking into account the severity of the offense committed, its consequences, the personality of the offender, etc. the employer can immediately reprimand the employee (rather than a remark) or even dismiss him (if there are sufficient grounds). But for each violation, only one penalty can be applied (Article 193 of the Labor Code of the Russian Federation), i.e. for absence from work for more than four hours, both a reprimand and dismissal cannot be applied to an employee at the same time. At the same time, bringing an employee to liability for a particular offense (for example, for damage to the organization's property) does not deprive the employer of the opportunity to apply a disciplinary sanction at the same time. This conclusion follows from Art. Art. 192 and 248 of the Labor Code of the Russian Federation, according to which bringing to liability is not a disciplinary sanction.

For more information about bringing to liability, see "Guide to personnel issues. Material liability worker".

Violations for which penalties may be applied

Disciplinary sanctions are applied in case of non-performance or improper performance by the employee of his duties (Article 192 of the Labor Code of the Russian Federation). At the same time, these obligations must be fixed in the employment contract, job description or in the local regulations of the employer. This means that before starting the procedure for bringing an employee to liability, you need to make sure that the employee was familiar with the document, the provisions of which he violated. Familiarization of the employee with these documents is recorded by his signature (with the date) on the relevant document.

Thus, the application of the penalty is possible:

For the commission by the employee of actions expressly prohibited by the employment contract, job description, local act;

For failure necessary action expressly provided for by these documents;

For the commission of actions not prohibited by the employment contract, but arising from the meaning of compliance labor discipline.

Examples of such actions could be:

Failure labor function;

Failure to comply with the instructions of the head;

Violation of labor discipline (lateness, absence from the workplace without good reason, refusal to pass medical examination, refusal to teach the basics of labor protection, being in the workplace in a state of intoxication, etc.);

Committing guilty acts (theft, embezzlement, damage, etc.) in relation to the property of the employer, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses(clause "d" part 6 of article 81 of the Labor Code of the Russian Federation).

Situation from practice

Is it possible to apply a disciplinary sanction to an employee who is late for work by an hour by confusing the start time of the shift established by the shift schedule?

Penalty can be applied only if the employee is properly familiar with the shift schedule.

According to part 4 of Art. 103 of the Labor Code of the Russian Federation, shift schedules are brought to the attention of employees no later than one month before they are put into effect. In this situation, the seller can be held liable only if he is familiar with the shift schedule a month before it is put into effect against signature. In the case when the schedule is posted in an open place (without the signature of the employees on familiarization with it), the seller cannot be held liable.

Thus, if the employer familiarized the employee with the schedule within the time limits established by law, then the application of the penalty is lawful.

Registration of the fact of committing a disciplinary offense by an employee

The first thing to do in order to correctly apply a penalty to an employee is to document the misconduct (action or inaction) that is a violation of labor duties or discipline and for which it is planned to apply a penalty. In practice (depending on what kind of violation the employee committed), this fact is usually documented by the following documents:

A memorandum (for example, if the employee fails to complete the assigned task or when the employer's resources (Internet, copier, etc.) are used for personal purposes);

Act (for example, in the absence of a workplace or in case of refusal to undergo a medical examination);

By the decision of the commission (based on the results of an investigation into the fact of damage to the employer or the fact of disclosure of confidential information).

The listed documents can confirm the misconduct both individually (for example, the decision of the commission) and in the aggregate (for example, in the absence of an employee at the workplace during the working day, as a rule, a memorandum is drawn up first, and then an act). The obligation to familiarize the employee with these documents is not established by the Labor Code of the Russian Federation.

Obtaining explanations from the employee who committed the violation

Before issuing an order to apply a disciplinary sanction, a written explanation must be requested from the employee (Article 193 of the Labor Code of the Russian Federation). Thus, the employee is given the opportunity to specify good reasons of his offense. The Labor Code of the Russian Federation does not specify in what form the employer must request this explanation. Therefore, if the employee is ready to submit an explanatory note, a written requirement can not be drawn up. If the situation is clearly of a conflict nature, then it is better to issue this requirement in writing and hand it over to the employee against signature. If the employee refuses to sign the demand, it is necessary to draw up an appropriate act.

The Labor Code of the Russian Federation gives the employee two business days to submit explanations, which are counted from the date following the day the claim was made. If after this period the employee has not provided an explanation, then an appropriate act is drawn up (Article 193 of the Labor Code of the Russian Federation). If there is such an act and a document indicating that an explanation was requested from the employee, a disciplinary sanction can be applied without an explanatory note from the employee (Article 193 of the Labor Code of the Russian Federation).

Situation from practice

When is it necessary to draw up an act stating that the employee did not provide an explanation for the violation of discipline?

An act of refusal to give explanations must be drawn up after two working days from the date of presentation of the relevant requirement to the employee.

According to Art. 193 of the Labor Code of the Russian Federation, an act stating that the employee did not provide an explanation for the fact of the committed violation of discipline is drawn up after two working days from the date of presentation of this requirement. Accordingly, if the claim is made on Monday, then the first day will be Tuesday, and the second day will be Wednesday. At the same time, by virtue of the specified norm, the second day must expire. Thus, if no explanations were received before 24 hours on Wednesday, then on Thursday, an appropriate act can be drawn up. If the employee submits an explanatory note, the further actions of the employer depend on the reasons for the misconduct indicated in it. If the employer considers them respectful, then disciplinary action is not applied. Otherwise, the explanatory note becomes one of the grounds for applying a remark or reprimand.

Execution of an order for the application of a penalty

After receiving an explanatory note or drawing up an act stating that after two working days the employee did not provide an explanation, an order can be issued to apply a reprimand or remark. At the same time, the question of what kind of punishment to apply in this case The employer decides for himself. In such a situation, it is necessary to take into account the circumstances of the misconduct, its consequences, the reasons cited by the employee, etc.

unified form there is no such order, so the organization develops it independently. The order must include the following information:

Surname, name, patronymic of the employee;

The position of the employee to whom the penalty is applied;

Structural unit where the employee works;

The misconduct committed by the employee, with references to the violated clauses of the contract or job description and to documents confirming this violation;

The circumstances of the misconduct, the degree of its severity and the guilt of the employee;

Type of imposed disciplinary sanction (remark or reprimand).

As a basis for issuing an order, the details of the act, memorandum or other document fixing the misconduct, the employee's explanatory note or the act of refusing to provide explanations are indicated.

The order is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee was absent from work. If the employee refuses to read the document, an appropriate act is drawn up.

It is possible to issue an order to apply a disciplinary sanction only if no more than six months have passed from the day the misconduct was committed, and no more than one month has passed since the day it was discovered (Article 193 of the Labor Code of the Russian Federation). In this case, the day when the misconduct was discovered is the day when this misconduct became known to the immediate supervisor of the employee. And it does not matter whether this leader has the right to apply a reprimand or remark (paragraph 34 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2).

These terms are extended in the following cases:

If a violation is discovered as a result of an audit, audit of financial and economic activities or an audit, then the period counted from the moment the misconduct was committed increases to two years (Article 193 of the Labor Code of the Russian Federation);

If the employee's misconduct became the basis for initiating a criminal case, then the time of proceedings on it is not taken into account when calculating the period that has elapsed since the misconduct was committed (Article 193 of the Labor Code of the Russian Federation);

If the employee was sick, was on vacation, then the time of the employee’s illness, his stay on vacation, as well as the time required to take into account the opinion trade union organization, is not taken into account when calculating the monthly period counted from the moment the misconduct was discovered (Article 193 of the Labor Code of the Russian Federation).

Registration of a work book when announcing a remark or reprimand

Record of disciplinary action work book not paid (Article 66 of the Labor Code of the Russian Federation), except in cases where dismissal is a disciplinary sanction.

Registration of a personal card when announcing a remark or reprimand

It is not necessary to make a record of a disciplinary sanction on a personal card. But if necessary (to ensure internal accounting) this information can be reflected in section 10 "Additional information".

The consequences of applying a penalty to an employee

If the employee has a disciplinary sanction (whether it is a comment or a reprimand), the employer has the right to:

Not to pay incentive payments to an employee in full or in part, if local regulations provide that these payments, in the presence of outstanding disciplinary actions not produced;

In case of repeated (within a year) violation of labor discipline, dismiss the employee (part 5 of article 81 of the Labor Code of the Russian Federation).

For more information about dismissal for repeated non-performance of labor duties, see the section "Dismissal for repeated non-performance of labor duties" of this material.

Responsibility of the employer for violation of the procedure for applying the penalty

If during an inspection (including those carried out on the basis of an employee’s complaint (Article 193 of the Labor Code of the Russian Federation)) it turns out that the employer has violated the procedure for applying a disciplinary sanction or has applied a sanction without reason, the Federal Labor Inspectorate may bring the organization to administrative responsibility under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. In addition, the applied penalty will be recognized as illegal. Accordingly, if any amounts were not paid to the employee due to this penalty, they will have to be paid to him with interest (monetary compensation) for the delay in payment (Article 236 of the Labor Code of the Russian Federation).

Removal of penalty

Removal of the disciplinary action means that the employee is considered not to have disciplinary action. Such withdrawal may occur automatically or at the initiative of the employer.

1. Automatic withdrawal of penalty

The penalty applied to the employee (reprimand or remark) is automatically removed after a year, provided that during this year the employee was not subjected to a new disciplinary sanction (Article 194 of the Labor Code of the Russian Federation). At the same time, the employer should not draw up any documents, since the Labor Code of the Russian Federation does not require this.

If the employee commits a new offense during the year, for which a new penalty is applied to him, then the period for lifting the penalty begins to be counted again from the moment the order is issued to apply the penalty for a new offense. Accordingly, after a year, if the employee does not commit new misconduct, he will be considered without penalties.

Situation from practice

Is a violation of labor discipline considered repeated if the employee was transferred to another position before the second misconduct?

According to Part 1 of Art. 194 of the Labor Code of the Russian Federation, if within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction. The employer also has the right, on his own initiative, to remove a previously imposed disciplinary sanction from the employee before the expiration of the year (part 2 of article 194 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not establish that a transfer to another position, another job with the same employer is considered a circumstance that exempts an employee from a previously imposed disciplinary sanction. Accordingly, if 12 months have not passed since the application of the first disciplinary sanction and during the same period the employee violates labor discipline again, such a violation will be considered repeated. The employer will have every reason to dismiss such an employee due to the employee's repeated failure to fulfill his labor duties without good reason (clause 5, part 1, article 81 of the Labor Code of the Russian Federation).

2. Registration of the removal of the penalty ahead of schedule at the initiative of the employer

The employer has the right to remove the penalty from the employee before the expiration of a year from the date of its application, and he can do this both on his own initiative and at the request of the employee himself, his immediate supervisor or a representative body of employees (Article 194 of the Labor Code of the Russian Federation).

Removal of the penalty is issued by order. There is no unified form of this order, so the organization develops it independently. The order must specify:

Surname, name, patronymic of the employee;

The position of the employee and the structural unit;

Grounds for removing the disciplinary sanction;

The date the charge was withdrawn.

It is necessary to familiarize the employee with the order against signature.

Negligent employees are a headache for any leader. Even being the owner own business, you cannot punish your employees as you please, this issue is quite strictly regulated by law. The current labor legislation allows that an employer has the right to apply a disciplinary sanction to an employee for a misconduct. The Labor Code establishes both the types of punishments for offenses (reprimand and reprimand) and the procedure for their application.

Disciplinary sanction: types and grounds for imposition

So, the employee committed an offense for which the employer intends to punish him. First you need to decide on the type of influence applied. Exist the following types disciplinary sanctions, in increasing severity of punishment: reprimand, reprimand, as well as dismissal of the perpetrator on the appropriate grounds. The right to choose a specific penalty belongs to the employer. But far from any ignorance of the requirements for an employee, a disciplinary sanction can be applied.

The legislator interprets a disciplinary offense as a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him (Article 192 of the Labor Code of the Russian Federation).

A disciplinary offense is a type of offense committed within the framework of labor relations. Only such actions or inaction of an employee that are directly related to the performance of his labor duties can be recognized as such.

The employer has the right to independently choose a punishment for a late employee, as long as it is proportionate and within the law

For example, it cannot be considered a disciplinary offense for an employee to refuse a public task or to participate in a subbotnik, as well as ignoring instructions from management that are not related to the labor function of this employee. It is impossible to punish for refusing to go to work on a day off, since involvement in such work can be carried out only with the consent of the employee. The use of profanity, insults to colleagues and other similar actions can be regarded as a disciplinary offense only in cases where the commission of such actions is expressly prohibited by the internal labor regulations of the organization.

For failure to fulfill labor duties, disciplinary liability can follow only when this particular duty is directly indicated in the regulatory document - an employment contract, job description, labor protection instructions, an order, etc. - and the employee was familiarized with this document against receipt.

Grounds for penalties: violation of internal labor regulations and failure to perform official duties

Legislation classifies the following acts as gross violations:

absenteeism (absence from the workplace for more than four hours);
appearing at work in a state of intoxication;
violation of labor protection requirements, entailing grave consequences
some others, the one-time commission of which may lead to dismissal on the appropriate basis.

Naturally, in such cases, the application of such a penalty to the guilty employee as a reprimand, even by the most humane court, will be recognized as reasonable and proportionate. But the use of a reprimand for minor misconduct, for example, when an employee is 5–10 minutes late (unless, of course, this entailed for the employer negative consequences in the form of a conveyor stop or a crowd of angry customers at the store's door) can hardly be considered justified, and in this case one can confine oneself to a remark.

In addition, it is worth paying attention to the attitude of the employee himself to the committed misconduct, in particular, what he wrote in his explanatory note. As shows arbitrage practice, in cases where the punished employee indicated that he realized the misconduct and repented of his commission, the courts consider it possible to apply a less severe penalty to him.

Video: how to punish an employee by law

Is it possible to forfeit bonuses for violation of discipline

The use of a reprimand or remark is not directly related to the employee's bonus. However, if the provision on bonuses in force in the organization provides for the possibility of depriving the bonus in case of violation by the employee of his labor duties, then the employer can exercise this right. The premium from the offender may be withdrawn in whole or in part. The rule stating that only one penalty can be declared for each misconduct is not applicable in this case, since the deprivation of the bonus does not apply to disciplinary sanctions.

Also, an employee who has been reprimanded or reprimanded may be deprived of any benefits provided in accordance with the collective agreement or other local regulatory act of the employer - vacation vouchers, one-time remuneration or a gift. But only if the failure to provide such benefits to employees who have a disciplinary sanction is directly provided for by the relevant regulatory act.

And so popular in Soviet time a measure of influence on violators of labor discipline, such as the transfer of vacation to the autumn-winter period, cannot be applied under current legislation.

The procedure for applying a reprimand or remark

In order for the imposition of a disciplinary sanction to be legal, it is not enough to have grounds for punishment - it still needs to be properly formalized. Before applying a penalty, a written explanation must be requested from the employee. He writes it in any form, you just need to pay attention to the presence of the necessary dates - the commission of an offense and writing an explanatory note - and the personal signature of the employee.

General Director of Romashka LLC
Vasiliev A. A
assembly shop electrician
Ogurtsova I. I.
EXPLANATORY
I, Ogurtsov I.I., did not go to work on October 12, 2016, because I drank a lot of beer the day before and could not get up for work. I admit my guilt, I promise not to drink a lot of beer anymore.
October 14, 2016 (signature) I. I. Ogurtsov

If a written explanation is not provided by the employee after two working days, then an appropriate act is drawn up in any form. Such an act is usually signed by three people - executive who requested an explanatory note, and one of the employees.

Who has the right to make a remark or announce a reprimand

The head of the organization or another person authorized by him (as a rule, this is the director of personnel) has the right to impose a disciplinary sanction. Therefore, in large organizations with large quantity employees, it is advisable to attach to the draft order on punishment not only the explanatory worker, but also the report of his immediate supervisor. In it, the boss informs about the fact of the violation, and also expresses his opinion about the misconduct of the subordinate and the possible punishment, taking into account the previous behavior of the employee and his attitude to work.

Making an order to announce a remark or reprimand: rules for drafting, samples and examples

An order to impose a disciplinary sanction may be issued no later than one month from the day the misconduct was discovered, not counting the time the employee was ill or on vacation. A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the date of the commission. (Article 193 of the Labor Code of the Russian Federation).

The order must contain information about the nature of the misconduct and the norms that the employee violated.

Society with limited liability"Chamomile"
No. 221-p "On the imposition of a disciplinary sanction"
On October 12, 2016, the electrician of the assembly shop Ogurtsov I. I. was absent from work during the entire work shift without good reason, which is a violation of clause 4.1 of the Internal Labor Regulations of Romashka LLC. On the basis of the foregoing, I ORDER: 1. The electrician of the assembly shop Ogurtsov I.I. to reprimand for violating clause 4.1. PVTR LLC "Romashka". 2. 10/12/2016 considered absenteeism and not paid. Base: explanatory worker, memorandum of the head of the shop
General Director (signature) A.A. Vasiliev
Acquainted with the order: (signature) I. I. Ogurtsov, October 21, 2016.

An order to impose a reprimand or remark is presented to the guilty person against receipt within three working days from the date of its issuance (not counting the time the employee was absent from work). If he refuses to familiarize himself with the order on receipt, an appropriate act is also drawn up.

Are records of penalties recorded in the employee's work book

Information about disciplinary sanctions, unlike some types of incentives, is not entered into the employee's work book. If within a year from the date of issuing a remark or reprimand, the employee is not subjected to a new disciplinary sanction, then he is considered not to have such penalties.

Can an employee appeal a disciplinary sanction?

Art. 192 of the Labor Code directly says that when imposing a disciplinary sanction, the severity of the misconduct and the circumstances under which it was committed must be taken into account. And according to Supreme Court RF, it is also necessary to take into account the previous behavior of the employee, his attitude to work. This means that the general principle of proportionality of punishment to misconduct in labor relations must also be observed, since non-compliance with this principle may lead to the recognition of the punishment order as illegal.

As noted by the Plenum of the Supreme Court of the Russian Federation in its Decree of March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, it is the employer who is obliged to prove that he complies with the disciplinary sanction when applying to an employee general principles legal, and, consequently, disciplinary responsibility - such as justice, equality, proportionality, legality, guilt, humanism.

Also, when choosing a measure of punishment, the employer should remember that the court is not entitled to replace one type of disciplinary sanction with another, less severe one. Having come to the conclusion that the imposed penalty is disproportionate to the offense committed, the court simply recognizes the punishment order as illegal and cancels it. And from the employer, it is quite possible that compensation for non-pecuniary damage will also be collected in favor of the employee. And as a result, the offender will not only escape the deserved punishment, but, in fact, will be encouraged. Therefore, the choice of measure should be approached as carefully and objectively as possible, without unnecessary emotions. And if the same violation is repeated, the sanctions may already be more stringent.

Video: labor disputes for the manager (how to act to drop charges and win in court)

Complaint actions

If the employee does not agree with the imposition of a disciplinary sanction on him, he may appeal this order to state inspection labor, commissions labor disputes(when there is one in the organization) or in court. The employee has the right to apply for resolution of an individual labor dispute within three months from the day when he learned or should have known about the violation of his right. When appealing against the order on punishment, the three-month period will be calculated from the date the employee got acquainted with it. The employer will have to prove the legitimacy of the imposition of a penalty.

It is worth noting that much more often employees appeal orders for disciplinary action in cases where, in addition to announcing a remark or reprimand, there was a deprivation of the bonus, in whole or in part.

Removal of a disciplinary sanction

There are situations when an employee, after receiving a remark or reprimand, revised his behavior and tries with all his might to make amends with a good, or even just excellent job. In this case, before the expiration of a year from the date of application of the disciplinary sanction, the employer has the right to remove it by his own order on his own initiative, at the request of the immediate supervisor of the employee or trade union, and also at the request of the employee himself. It does not matter how much time has passed since the date of application of the penalty.

The law gives the employer the opportunity to impose disciplinary sanctions on negligent employees. Let us consider in detail one of them - a reprimand as the most popular disciplinary punishment of employees that occurs in practice.

Labor discipline

Section eight of the Labor Code of the Russian Federation is devoted to issues of labor discipline, it is defined as the obligatory subordination of all employees to the rules of conduct established in the organization.

Labor discipline is necessary element labor, without its observance the goals of the joint labor process are unattainable.

AT general view rules of conduct (in the form of basic rights and obligations of employees) are named in Art. 21 of the Labor Code of the Russian Federation. However, in each organization they must be specified in the collective agreement, local regulations (internal labor regulations - PWTR) and employment contracts with employees.

But not only employees are assigned duties in the field of labor discipline: the employer must create conditions for them to comply with it (Article 189 of the Labor Code of the Russian Federation).

Disciplinary action

This is a measure of punishment for an employee for a disciplinary offense committed by him, which is understood as non-performance / improper performance by him through his own fault of the labor duties entrusted to him (Article 192 of the Labor Code of the Russian Federation).

Duties must be precisely labor, and their failure to perform/improper performance may constitute a violation by the employee:

the requirements of the law;
their obligations under the employment contract;
PWTR;
job descriptions, technical rules, etc.;
orders, directives, directives, etc.

A disciplinary offense involves the guilty behavior of an employee: in case of non-fulfillment / improper fulfillment of his labor obligations, he must act (inaction) intentionally or through negligence. But in cases where the failure to fulfill duties was due to reasons beyond the control of the employee, he may not be guilty.

To impose a disciplinary sanction on the employee guilty of misconduct is the right of the employer, which he may not use if he considers it inappropriate.

Disciplinary sanctions under labor law

Almost all issues of imposing disciplinary sanctions on employees (types of possible penalties, the procedure for their application and the procedure for removing them) are regulated by the Labor Code of the Russian Federation.

The employer has the right to apply to the delinquent employee only those penalties that are established by Art. 192 TK:

remark (less strict);
reprimand (more severe);
dismissal (the most severe).

But this general rule, from which there are exceptions.

Federal laws, charters and regulations on discipline that apply to certain categories of employees may provide for other disciplinary sanctions (Articles 189, 192 of the Labor Code of the Russian Federation). This applies to employees of law enforcement agencies, railway workers, etc.

Reprimand under the Labor Code of the Russian Federation

It is a disciplinary punishment, expressed in the censure of misconduct and issued by the employer's order to announce a reprimand.

The penalty “reprimand” cannot be referred to in any other way (“strict reprimand”, “reprimand with entry”, etc.). This will be considered the application of a disciplinary sanction not provided for by the Labor Code of the Russian Federation, and threatens the employer with liability.

The law does not establish criteria according to which one offense is punished with a remark, and the other with a reprimand or dismissal. Everything is decided by the employer individually, taking into account the nature of the misconduct committed, the severity of its consequences, the personality of the offender and other factors that will be considered worthy of consideration.

There is also no order in which penalties are imposed (that is, it is not necessary to apply them in the sequence specified in Article 192 of the Labor Code). For example, a violating employee for two disciplinary offenses committed by him (not involving dismissal) may be subject to either two remarks, or two reprimands, or a remark and a reprimand, or a reprimand and a remark.

overlay disciplinary punishment in the form of a reprimand must be preceded by the mandatory procedures established in Art. 193 of the Labor Code of the Russian Federation (selection of a written explanation of the offender or drawing up an act of refusal to give them); only then will the announcement of the reprimand be legal.

Often, an internal investigation into the circumstances of a misconduct is required, but the Labor Code does not regulate its procedure. Here important role can play local regulations setting it.

It is very important to comply with the deadline for imposing a penalty established by the Labor Code of the Russian Federation - 1 month (as a general rule) and other procedural requirements of Art. 193 TK.

A reprimand is issued by the order of the employer; there are no mandatory requirements for its form. Usually, it briefly describes the circumstances of the misconduct with reference to the norms of the law violated by the employee, local act or clauses of the employment contract, and then the appropriate disciplinary sanction is announced in the operative part.

In the work book, information about the announced reprimand is not entered under any circumstances. But information about the disciplinary sanction can be entered in the employee's personal card (in the form T-2, for example, in section 10), as well as in the characteristic issued to him (except for the withdrawn and canceled reprimands). A copy of the reprimand order is enclosed in his personal file.

The announcement of a reprimand for an employee may also have adverse material consequences in the form of non-accrual bonuses, but not automatically, but only if this is established in the regulation on remuneration and bonuses in force in the organization.

After a year, an employee who has no longer committed violations is considered not to have a reprimand, and his early removal is also possible (

A reprimand is a fairly strict measure of disciplinary action that can serve as one of the factors for dismissal and therefore requires an exceptionally correct approach by the employer to its application. Consider the main nuances of the procedure for reprimanding an employee, as well as possible legal consequences for the employee and the employer.

Does Article 192 of the Labor Code of the Russian Federation define a reprimand as a type of disciplinary sanction

A reprimand, along with measures such as notice and dismissal, in accordance with the provisions of Art. 192 of the Labor Code of the Russian Federation is a kind of disciplinary sanction. At the same time, the management of the enterprise must clearly understand what the employee can be reprimanded for. Practical significance reprimand can be expressed in 2 main aspects:

Firstly, a reprimand as a disciplinary sanction can be one of the legal grounds for dismissing an employee (clause 5, article 81 of the Labor Code of the Russian Federation) for repeated failure to perform duties in the presence of a disciplinary sanction. At the same time, a reprimand, on the one hand, is a disciplinary sanction, and on the other hand, a fact that indicates at least a single failure by the employee to fulfill his duties. 2 reprimands, as long as they are legal (how to ensure they comply with this, we will discuss later), give the employer the right to fire the employee. But only if they are issued for various misconduct (Article 193 of the Labor Code of the Russian Federation).
Secondly, a reprimand can be considered as one of the measures to improve production discipline. From this point of view, its adoption has more psychological than legal significance. An employee who has received a reprimand recorded in a personal file is likely to want to rehabilitate himself in the eyes of the employer and begin to work better.

How to issue a reprimand for improper performance of official duties

Formal reprimanding is a legal fact, so this procedure must be properly formalized. The Labor Code of the Russian Federation and other federal legal acts do not contain a regulation that would determine how a reprimand is issued, but, based on practice, this action is recommended to be carried out according to the following algorithm:

First, the employer must document the fact of non-performance (or incorrect performance) by the employee of his duties. Most often, this is done by sending a memorandum to the director of the company by the immediate supervisor of the employee who committed the misconduct. You can also record a misconduct with the help of an act that is drawn up by a commission formed by the head of the company in order to assess the actions of the employee.
Secondly, the employer, before issuing a reprimand, must give the employee the opportunity to explain his actions. To do this, you must send a notification to the employee about the submission of an explanatory note.
Thirdly, the employer needs to wait 2 days - that is how much time the employee has to draw up an explanatory note (Article 193 of the Labor Code of the Russian Federation). If he does not do this, the employer should draw up an appropriate act. Further (and also in the event that an explanation is presented, but the arguments of the employee do not look convincing), it is already possible to issue a reprimand.

A reprimand is issued by issuing an order signed by the head of the company.

The order for reprimand must:

indicate that all the documents that we mentioned above are attached to it: a memorandum of misconduct (or an act of the commission), a notice of the need to submit an explanatory note, an explanatory note itself, or an act of failure to submit it;
indicate the dates and titles of the relevant documents.

The reprimand must be signed by:

the head of the company;
by the employee within 3 days from the date of the order.

If the employee refuses to sign the document, it will be necessary to draw up an act about this (Article 193 of the Labor Code of the Russian Federation).

Information about reprimanding an employee can be recorded in a personal file.

Is it possible to announce a reprimand without a comment and is it issued for absence from the workplace

A remark is also a disciplinary sanction, but is considered a milder sanction, since Art. 192 of the Labor Code of the Russian Federation is a little higher in the list of punishments. A reasonable question arises: should a remark precede the reprimand, or can it be bypassed?

Labor legislation does not rank punishments according to the degree of guilt and does not establish a strict sequence for their imposition. Therefore, the employer himself has the right to assess how great the fault of the employee is in the violation and what kind of sanction he deserves.

So, for absence from work, a remark can be issued if there were good reasons for missing work time, a reprimand can be issued if this was done deliberately without substantial grounds, and even dismissal is possible when such a violation is of a systemic nature.

Only one invariable principle should be observed here: one violation - one type of punishment.

What is the time frame for reprimand?

A reprimand, like any other disciplinary sanction, must be issued by the employer within a month after the employee's misconduct is revealed. The company has no right to punish the employee later. The specified period may be extended if the employee is absent from work due to being on sick leave or on vacation (including training).

The deadline for an employer to issue a reprimand is 6 months. True, if a misconduct is revealed during an audit (for example, an audit), a reprimand can be issued after no more than 2 years have passed from the established moment of committing this misconduct.

Sample reprimand for improper performance of official duties

In order not to create a new document every time and not to remember how this or that information is given in it, it is better for a company to use ready template. We present on the site one of the versions of the document. The management will have to take this sample as a basis before reprimanding the employee and, if necessary, changing the wording and surname of the offending employee, print the necessary order.

How can an employer cancel a reprimand?

It happens that the employer comes to the conclusion that the employee was punished wrongfully, and wants to remove the reprimand from him. How can I do that?

Very simple. All that is required in order to cancel the reprimand is to issue an appropriate order from the head of the company. It can be drawn up at any time (Article 194 of the Labor Code of the Russian Federation). The employee himself or his immediate superior can also apply for the removal of a reprimand.

An employee is considered to have a disciplinary sanction upon its issuance for exactly 1 year, if during this time he does not commit other misconduct, followed by other disciplinary sanctions (Article 194 of the Labor Code of the Russian Federation). In this regard, there is another option for removing a reprimand from an employee - wait for it to be automatically canceled.

Legal consequences of a reprimand at work for an employee

According to Art. 66 of the Labor Code of the Russian Federation, data on reprimands are not recorded in the work book. Last resort personnel service may (but is not obliged to) enter information about the reprimand on the employee's personal card, which is an internal document. So the new employer, as well as any other entity, most likely will not know that any disciplinary sanctions were applied to a person.

This means that from the point of view of relations with the new employer (or some other persons legally independent of the current employer), the presence of a reprimand at work will not have significant legal consequences for the employee.

But the employee may be interested in keeping the current job. And in this case, it will be useful for him to pay attention to 1 nuance.

In accordance with paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, the employer has the right to dismiss an employee if he repeatedly fails to perform official duties. Including misconduct, for which the employee received a reprimand. The nuance is that the employer can use the following interesting mechanism for applying the norms of paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, taking into account the provisions of Art. 193 of the Labor Code of the Russian Federation, establishing a one-month period for issuing disciplinary sanctions.

Having discovered the misconduct of the employee, the employer can, according to the established scheme, reprimand him and immediately issue new order- for some other offense within a month's prescription (unless, of course, there was such an offense).

It turns out that the employer will have 2 proven facts of violation of labor discipline in his hands and he will immediately have the right to dismiss the employee. So employees who once committed a misconduct, to which the employer seems to have turned a blind eye, should not provoke the authorities to issue an already official disciplinary sanction - it can have direct legal consequences for them in the form of dismissal.

Reprimand to an employee: legal consequences for the employer

A reprimand is a legal fact, and it must be properly executed. Many people forget that, for example, the Labor Code of the Russian Federation does not provide for any strict reprimands. The employer has no right to officially use this phrase. If he nevertheless issues a severe reprimand to the employee, then the labor inspectorate (if the employee complains there) can:

firstly, write out an impressive fine to the company on the basis of paragraph 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation;
and secondly, to annul the order for a severe reprimand.

In addition, the employer has the right to issue any disciplinary sanction, including a reprimand, only if the employee does not perform or performs incorrectly his official duties. However, these obligations must be fixed somewhere: in the contract, job description, labor regulations. And if the employer, for some reason, did not familiarize the employee with his obligations against signature, then he does not have the right to issue a reprimand for their non-fulfillment.

Dismissal on the basis of a strict reprimand, other non-existent disciplinary sanctions, as well as when a reprimand is issued outside the regulatory framework, can be challenged in court by an employee with a high probability of success. As a result, the court may order the employer to reinstate the person at work. And immediately. If the company does not do this, it will have to pay the employee a salary for the time that he was absent from the workplace, although, by virtue of a court decision, he should have been present (Article 396 of the Labor Code of the Russian Federation).

Results

Reprimanding is an official procedure, fixed at the level of a local document (in the order of the head of the company), on the application of an appropriate disciplinary measure against an employee.

However, the issuance of this order by the authorities must be properly formalized by preparing a documentary base, including:

sources fixing misconduct (memorandum, act of the commission);
notification of the employee about the need to draw up an explanatory note;
in case of non-submission of an explanatory note - an act on this;
in case of refusal to sign an order for reprimand by the employee - also the corresponding act.

A reprimand should not be called a strict reprimand, otherwise the labor inspectorate or the court will cancel the order to issue it.

The reprimand must be justified. It can be issued due to the employee’s failure to fulfill only those duties that are fixed in the provisions of the documents endorsed by the employee, such as labor contract, job description, the rules of the labor schedule of the company.

Learn about others important aspects modern personnel management can be found in our articles:

“How is a special assessment of working conditions (nuances) carried out?” ;
"Order for disciplinary action - sample and form".