The procedure for the application of disciplinary sanctions is regulated by labor legislation, so every employee must understand whether the employer has the right to apply to him or her a disciplinary sanction.
Types of disciplinary sanctions
Article 192 of the Labour code of the Russian Federation contains a closed list of disciplinary sanctions that an employer may impose on an employee. These include reprimand, reprimand and dismissal.
Dismissal as a disciplinary measure may be applied only on the grounds provided for by the labour legislation. For example, if the head of the organization, branch or representative office, or the chief accountant made an unreasonable decision, which led to a violation of the safety of property, or its misuse. The head of the organization, branch or representative office can also be dismissed if he once grossly violated his labor duties, or there is a systematic gross violation of the rules of the Charter of the organization within one year. The labour code also provides for other grounds for dismissal for certain categories of workers.
Labor legislation categorically prohibits the imposition of disciplinary sanctions on employees, which are not provided for by the regulatory framework governing this sphere of activity. The employer must take into account the severity of the offence before imposing a disciplinary penalty on the employee.
The procedure for the application of disciplinary sanctions
Before disciplinary action is taken against an employee, the employer must request a written explanation from the employee. This provision is spelled out in article 193 of the Labor code of the Russian Federation. If within two working days the employee has not provided this explanation, the employer must draw up the relevant act. However, you must remember that if the worker did not provide the explanation in written form, this does not preclude the application to him of disciplinary action.
Disciplinary punishment may be applied to the employee not later than one month from the date of detection of the fact of the offense. This period does not include the period of temporary disability of the employee, as well as the periods of stay of the employee on vacation. Disciplinary punishment shall be applied at the same time in relation to each offence committed by an employee. Application of disciplinary punishment shall be documented by order or order of the head. With an order or instruction of the head of the disciplinary sanction the worker should be acquainted, which shall be recorded his / her signature within three days from the date of issuance of the order or orders. The employee may refuse the reference to the order or order the imposition of a disciplinary sanction. In this case, the employer shall draw up the relevant act.
The application of a disciplinary sanction may be appealed by an employee to the state labour Inspectorate.
Removal of disciplinary action
The procedure for the removal of disciplinary sanctions is provided for in article 194 of the Labour code of the Russian Federation.
Disciplinary penalty may be removed from the employee at his request or on the initiative of the employer. Removal of a disciplinary penalty shall be carried out within a year from the date of its imposition, if the employee during this period is not noticed other offenses.
If after one year from the date of application of disciplinary punishment the employee has not been subjected to a new disciplinary punishment, it is considered that he has no disciplinary punishment. Thus, at the end of the calendar year, the disciplinary penalty shall be automatically removed if the employee has not committed other offenses.
On the basis of the above, Mirsovetov can conclude that the labor legislation provides for three types of disciplinary sanctions of varying severity. When choosing the type of disciplinary punishment, the employer must take into account the severity of the offense. The procedure for the appointment and removal of disciplinary action is also spelled out in the labour law. It is mandatory for the employer and employee. If the employee does not agree with the disciplinary penalty imposed on him by the employer, he can apply to the state labour Inspectorate with a request to understand the situation.