Failure to perform work duties. Types of disciplinary sanctions and their application. How is it calculated and
If the violation is repeated and the employee is fired, then work book a note is made that the employment contract was terminated for repeated violation of labor discipline by the employee.
Dismissal.
The most severe and unpleasant measure of disciplinary action.
Systematic violation by the child of the rules and norms of behavior
The way out here may be to not pay attention to violations of the rules and norms of behavior, but to encourage their observance, in particular, to create precedents when the child fulfills them, then praise.It is also possible to switch the child's attention away from seeking attention from adults and toward other reinforcing stimuli, such as the pleasure of doing an activity.2. Violation of the rules and norms of behavior due to the child's non-reflexive attitude towards them.
Note: reflection is an internal mental activity of a person aimed at comprehending one's own actions and states; self-knowledge by a person of his spiritual world.
It is effective to explain to the child the reasons why one thing should be done and another should not be done.
3-7 art.12.9 of the Code of Administrative Offenses of the Russian Federation); driving at a traffic signal forbidding signal or at a traffic controller's prohibiting gesture (Part 1. Ch.
12.12 of the Code of Administrative Offenses of the Russian Federation); exit to the lane intended for oncoming traffic, or to the tram tracks of the opposite direction.
4-5 art. 12.15 Administrative Code of the Russian Federation); violation of the obligation to give way to a vehicle, cyclists or pedestrians taking advantage, including when passing through an intersection
How to fire an employee for systematic violations of discipline
However, there is one catch: disciplinary sanctions must be justified (in accordance with the Labor Code) and impeccably executed.With the implementation of these requirements, many employers have serious problems.
Terms for imposing a disciplinary sanction A disciplinary sanction must be imposed in compliance with the deadlines established by the Labor Code.
This systematic violation
Deprivation of rights for systematic violation of traffic rules
for which the driver can be punished in the form of deprivation of rights.Consider the list of violations that fall into the list of systematic. Let's get started. Introduction of deprivation of rights for systematic violations 07.10.2019 The bill was adopted in the first reading by the State Duma.
Amendments are being prepared.
Violations that are classified as systematic The list of violations related to the systematic violation of the rules traffic: from 1,000 rubles to deprivation of rights for 1 year. Departure to a railway crossing with a closed barrier or a prohibitory signal of a traffic light or a traffic controller, stopping or parking at a railway crossing, crossing railway outside of the move. from 1,000 rubles to deprivation of rights for 1 year.
Driving at a traffic light signal prohibiting or a traffic controller's prohibiting gesture. from 1,000 rubles to deprivation of rights for 6 months. Failure to give way to a vehicle at an intersection.
Violation of the rules for turning or reversing. Failure to give way to a vehicle.
from a warning up to 500 rubles. from 5,000 rubles to deprivation of rights for 1 year.
Turn left or U-turn in violation of the requirements of road signs or markings.
from 1,000 to 1,500 rubles. Failure to give way to a pedestrian, cyclist or other road user.
Punishment for systematic traffic violations Punishment for systematic traffic violations is considered in the new article 12.38 of the Code of Administrative Offenses: Article 12.38.
For systematic violations of traffic rules will deprive the rights
Here is a list of violations for which they plan to deprive recidivist drivers of their rights: repeated driving by an unregistered vehicle(Part 2 of Article 12.1 of the Code of Administrative Offenses); if you were held liable for driving a car with obviously faulty brakes, steering or coupling device (part 2 of article 12.5); for driving a vehicle without a seat belt, without a helmet (for motorcycles), for carrying passengers without these safety features (Article 12.6); driving a vehicle without the right to drive (parts 1.2 of article 12.7); for breaking the speed limit (p.rules internal regulations approved by each company. This document is considered a kind of instruction for employees, which spells out all the features of the work procedure - from the number of working hours to the procedure for calculating bonuses or disciplinary action. Often employees violate these rules. What are the risks of not following the rules? work schedule employees and are the actions of the employer lawful in cases of fixing violations?
What is labor discipline?
Labor discipline is a set of rules developed by the enterprise in order to optimize the workflow. It is based on the duties of each employee prescribed in the legislation.
Article 21 Labor Code RF “Basic rights and obligations of an employee:
“The employee must:
- conscientiously fulfill their labor duties assigned to him by the employment contract;
- observe the rules of internal labor regulations;
- observe labor discipline;
- comply with established labor standards;
- comply with the requirements for labor protection and ensuring labor safety;
- take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;
- immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property)”.
In addition to the basic requirements, the rules of labor discipline may indicate other duties of employees related to the specifics of the work of each organization. These include: compliance with corporate ethics, keeping commercial secrets, violation of subordination, etc. In the event of a single violation of the schedule, an employee may be subject to disciplinary action as provided by law. Its type depends on the severity of the offense. The main violations of labor discipline include:
- non-compliance with labor protection rules resulting in an accident at work;
- absenteeism or systematic tardiness;
- appearing at work in a state of intoxication;
- immoral acts;
- theft work or personal property of employees;
- intentional failure to perform duties or their performance is not in full;
- falsification of legal documents;
- ignoring orders leader.
In private enterprises, the issue of choosing a disciplinary sanction is decided directly by the head. Punishment is considered the right of the leader, but not an obligation. Therefore, the employer independently decides on the appropriateness of imposing a disciplinary sanction. Systematic violation of labor discipline is considered as gross non-compliance with the rules and provides for more severe penalties, up to and including dismissal of the employee.
Types of disciplinary sanctions and their application
Disciplinary sanctions are aimed at improving the quality and organization of work. On the basis of an employment contract, employees are obliged to strictly comply with all requirements, since in case of violation of labor discipline in accordance with the Labor Code of the Russian Federation, the employee may be subject to penalties regulated by law.
“For the commission of a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:
- comment;
- dismissal for appropriate reasons.
A disciplinary offense will be considered a misdemeanor committed only through the fault of the employee. The employer is obliged to require the implementation of all the rules only if the enterprise provides all the conditions for this. at the same time, each employee must be familiar with the labor schedule, labor protection rules and his official duties, which is confirmed by his personal signature.
Article 81. Termination of an employment contract at the initiative of the employer
“The employment contract may be terminated by the employer in the following cases:
- repeated non-performance by an employee without good reasons labor duties, if he has a disciplinary sanction.
Article 192 of the Labor Code of the Russian Federation. Disciplinary sanctions
“Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of the first part of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of the first part of Article 81 of this Code in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties.
When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.
Disciplinary action may be taken based on memorandum. If the employer considers this an insufficient reason, then he can initiate disciplinary proceedings with the participation of the labor collective. The result of the meeting of the commission will be an act with a decision on the type of disciplinary punishment.
Examples of violation of labor discipline
Practice knows many examples of violations of labor discipline. Most of them relate to non-gross offenses and are often limited to verbal remarks.
For example, worker Ivanov. A.A. violated the work schedule by showing up to work an hour later than the scheduled time without a good reason. In this case, the employer may limit himself to an oral warning, which is issued in the form act of disciplinary violation . With systematic delays, Ivanov A.A. may be reprimanded, however, the law does not allow a reprimand immediately after the first offense.
For example, a failure to fulfill his official duties by the warehouse manager V.V. Petrov can lead to a reprimand, which entailed financial losses for the enterprise in the form of a failure to sign an agreement with suppliers. An employee may be issued regular or strict reprimand(at the discretion of the employer).
A one-time violation, entailing dismissal, may be the appearance of an employee at the workplace in a state of intoxication, theft of official property, or actions that provoked an accident or accident at work.
Any decision on disciplinary action may be appealed by the employee in court. Then the assistance of a professional lawyer competent in matters of labor law RF.
Often the boss, inspired by watching Hollywood movies, allows himself a sharp phrase "You're fired" at every convenient and inconvenient occasion. However, familiarity with the norms of the Labor Code makes it clear that dismissal for violation of labor discipline is not simple task. So that the manager himself does not have to explain himself in court, the personnel service will have to recall the relevant provisions of the Labor Code of the Russian Federation.
What is labor discipline?
When an employer starts talking about dismissal for a systematic violation of labor discipline, he means the employee's non-compliance with the requirements of Article 189 of the Labor Code of the Russian Federation. It states that it is the responsibility of the parties labor agreement includes strict observance by hired persons of the internal regulations at the enterprise, as well as the creation by the employer of the most favorable conditions for this.
The rules of conduct for employees within the enterprise during working hours relate to a fairly wide range of issues:
- mode of operation;
- the order of admission and dismissal;
- localization of jobs (in the concept of Art. 209 of the Labor Code of the Russian Federation);
- main duties and responsibilities of the parties;
- conditions for bonuses and penalties;
- other significant aspects of labor relations.
A wide range of issues related to the concept of labor discipline allows almost any misconduct of an employee to be brought under disciplinary punishment.
Types of violation of labor discipline and grounds for dismissal
An exact list of situations that unequivocally qualify as a violation work discipline, not in the Labor Code. When determining the reason for an unplanned settlement, it is customary to conditionally divide all misconduct into single gross and systematic, occurring constantly or at least twice.
Immediate termination of the employment contract will provoke: absenteeism or a long (more than 4 hours in total per day) absence from the workplace, being at work in a state of alcohol or drug intoxication, theft or harm to the enterprise, as well as deliberate failure to comply with labor protection requirements. A correctly executed fact, even a single, such action by an employee will entail the appearance in his labor of mentioning paragraph 6 of article 81 of the Labor Code of the Russian Federation.
A little longer, the employer will tolerate deliberate neglect of official duties. In order to get rid of an irresponsible employee, the authorities need to record at least two cases of laziness on the part of a hired person within 365 days. In this case, it is possible to apply paragraph 5 of Article 81 of the Labor Code to the employee and issue him a dismissal for a systematic violation of labor discipline.
Responsibility for violations
Parting with an employee under the article for repeated violation of labor duties is rather a way of influencing employees. More often, to restore order in the team, the employer resorts to more loyal types of punishment. In article 192 of the Labor Code of the Russian Federation, in addition to dismissal for non-compliance with labor discipline, as the strictest punishment, two more types of impact are given:
- remark (for mild cases, which, nevertheless, cannot be ignored);
- (for more serious offenses that entailed Negative consequences, or it took a lot of effort and money to fix them).
The employer has the right to apply any of them if the employee's guilt is proven and the method of influence is commensurate with the gravity of the committed, Art. 192 TK. Moreover, the management is free to choose a less severe punishment for the employee, or may refuse to do so at all, Art. 193 TK. The competence of the director also includes the early removal of the penalty imposed earlier, Art. 194 of the Labor Code of the Russian Federation.
Dismissal procedure
Any violation must be considered on its merits, taking into account all extenuating circumstances and justifying moments. Article 192 of the Labor Code of the Russian Federation calls for this employer. If the fault of the employee is undeniable and the authorities are not inclined to stand on ceremony with the offender, personnel officers will have to go through the difficult formal way of processing documents for dismissal for non-compliance with labor discipline. And in order not to replenish the archive of judicial practice in favor of the employee, you must not miss a single step.
Evidence of the fact of violation
Recording misconduct is the starting point for any disciplinary sanction. The employer’s confidence that the employee will not be able to challenge the legality of dismissal for violation of labor discipline depends on how completely and objectively the procedure is carried out:
| Type of violation | Fixation method | Employee counterarguments |
| or absence from work for more than 4 hours | Certificate of absence from work, signed by at least two witnesses. It should be taken into account that the signatory people should be able to personally verify the non-attendance or constant absences of a person from the workplace. | The most common shield for an employee is a certificate of sudden illness or sick leave. In the first case, the time of absence will not be paid, but dismissal can be avoided. It will also help to justify any document confirming the unforeseenness and urgency of personal circumstances. |
| being late | The same act, but for the dismissal of them there must be several. You need to understand that the management will not be able to expel an employee for systematic delays without additional evidence | The reasons for being late can be very different, but for each of them the employee must provide a convincing explanation. A broken lock, a broken elevator, a pet's illness, or a broken pipe can cause sympathy from the boss. At the same time, a regular late appearance at work for any reason is a direct road to the exit. |
| Refusal to comply with labor protection rules | Memorandum of the responsible employee or an accident report at the enterprise | The employee is obliged to report to the supervisor about the impossibility of work and the threat to health before the start of work. If this was the result of a flaw in the management, then the dismissal of the employee is recognized as illegal, Art. 220 of the Labor Code of the Russian Federation. |
| Theft or damage to property | Written statement to the police, independent fixation of the fact of damage with the involvement of witnesses and further internal investigation | Protect yourself not only from dismissal, but also from the obligation to reimburse material costs, the employee will be able to if he proves that the values \u200b\u200bwere not legally transferred to him for storage. The absence of a liability agreement signed by the employee will also help. |
| Appearing in a state of any kind of intoxication | A memorandum from the immediate superior and a medical examination or a written refusal to visit the hospital. | Persistent refusal to draw up or sign any documents will play against the employee. The authorities will simply draw up an act of refusal and lawfully dismiss the employee. If the turbid state is not related to the use of strong drinks, it must be proved that the inadequacy of the reaction arose as a result of a sharp deterioration in health. |
Real life situations may go far beyond the standard options. The main thing in the preparation of documents is objectivity, as well as the involvement of disinterested witnesses and experts.
Issuing a warning to an employee
Even if the situation is interpreted unambiguously and, in the opinion of the employer, the employee deserves the most severe punishment, it will not be possible to apply it without explaining the employee. The law obliges the employer to request them from the offender in writing, Art. 193 of the Labor Code of the Russian Federation.
There is a generally accepted form that invites the employee to prove his innocence, but you can make your own changes to it if this applies to what happened. If the employee refuses to receive the demand, then it must be read aloud and the refusal confirmed by the signatures of witnesses. Or make this fact a separate act.
Preparation and receipt of an explanatory note
To justify the unintentionality of their actions or proof of action compelling circumstances The employee has two working days. During this time, he can obtain the necessary information, seek legal advice, or simply state the reasons for his behavior.
Often the employer demands urgent or threatens with immediate dismissal. In this case, the employee should not rush or be afraid: the authorities cannot influence the deadlines. But in order for the management not to succumb to the temptation of an early reprisal, the employee must receive a copy of the requirement against his signature, and when handing the explanatory note to the director, make him sign the second copy.
Consideration and assessment of the fact of violation
Since dismissal for non-compliance with labor discipline is a last resort, decision-making often occurs collectively. It would be better if the chief's conclusions were confirmed by members of a specially created commission. If an employee is a member of a trade union, then one cannot do without taking into account their opinion.
The single-handed adoption of radical measures threatens the employer with inspections by labor inspectors, the prosecutor's office, and, in the worst case, with a court decision not in his favor.
Dismissal order for violation of labor discipline
The final act, in an unfavorable way evolving situation, will be a dismissal order. For a sample, you can take a unified form T8. The only difference from the standard order to terminate the employment contract will be the basis for the calculation - the mention of one of the paragraphs of Article 81 of the Labor Code of the Russian Federation.
Deadlines for layoffs
In itself, the fact of a gross violation of discipline does not dispose the authorities to be patient with the offender. Therefore, dismissal, as a measure of disciplinary action, is not long in coming. But if the situation requires consideration or investigation, then the employer must remember that the law gives him only thirty days from the moment the misconduct is discovered, Art. 193 of the Labor Code of the Russian Federation. This means that the bosses will not be able to threaten with dismissal and keep the employee in perpetual tension. The law insists: either a proportionate punishment within a month, or a complete forgiveness of the offense.
Those employees who plan to hide from the wrath of management on vacation or on sick leave should know that these periods are excluded from the period allotted for deciding on the fate of a negligent employee, Art. 193 of the Labor Code of the Russian Federation. That is why after a sudden exacerbation of chronic diseases, no matter how long it lasts, the hired person will have to give written explanations about the reasons for his behavior.
There is one more limitation: you cannot punish a violation that is discovered six months after it was committed. This period is extended only for those events that can only be detected by the results of the audit or through the involvement of auditors. Then the penalty can overtake two years later.
How is the calculation made and is it done?
Of course, the dismissal of an employee for non-compliance with labor discipline is not the most pleasant procedure, first of all, for himself. However, this does not mean at all that a person can be deprived of everything that he has earned during the time he has devoted to the company.
Whichever article is specified in the order to terminate the employment relationship, the employee has the right to:
- current salary;
- vacation compensation (basic, additional, special);
- reimbursement of overspending on accountable amounts;
- premiums for overfulfillment of the norm, if it is established;
- payment for overtime hours and working hours on holidays and weekends;
- all bonus payments due under collective agreement or another local act, if they are not made dependent on the reason for dismissal.
The employer, wanting to punish the employee harder, cannot refuse to issue the labor, required certificates and copies in a timely manner. He is obliged to provide all other documents that may be required by the former employee in the future. When dismissing for violation of labor discipline, it is better to confirm your decision with the conclusions of the commission, the conclusion of experts and coordinate this with the trade union, if any.
What record is entered in the labor?
The wording contained in the dismissal order is transferred to the work book. Therefore, if there is a mention of absenteeism or alcohol intoxication in it, the employee is guaranteed to read the same thing on the pages of his work. A brief explanation of the reasons for terminating a relationship with a specialist will not suffice. The law determines that the employer must specify the clause and article of the Labor Code of the Russian Federation.
In case of dismissal for violation of labor discipline, a record must be made that the calculation was carried out in accordance with Art. 81 TK. But the subparagraph to be indicated depends on the circumstances:
- pp 5 - repeated (systematic) failure to fulfill duties;
- paragraph 6 - one, but a gross violation;
- pp 10 - in the case of the same actions by the head of the enterprise or his deputies.
Arbitrage practice
Labor legislation in Russia is quite loyal to employees. Based on most cases of judicial practice, when the situation raises doubts about the objectivity of the employer, the decision is made in favor of the employee.
Most often, debates arise when the company's management tries to prove the legitimacy of dismissal due to the employee's regular failure to fulfill his job duties. It is also not easy to prove repeated intentional violation of labor safety rules. To defend their own correctness, the management must prepare an impressive package of supporting documents, otherwise it faces serious responsibility.
It is much easier to prove to the court that the dismissal for non-compliance with labor discipline was carried out in accordance with all the rules if the employee committed a gross and obvious violation (truancy, drinking alcohol or proven theft, for example). Naturally, this matter will become simple only if the employer has timely and accurately recorded the circumstances and consistently completed all the stages of the legal procedure.
Even the most valuable specialist should be aware that the rules of the work schedule apply to all members of the team, without exception. The Labor Code, in this regard, provides the employer with the broadest powers and approves dismissal for a systematic violation of labor discipline, if other measures of influence have not had the desired effect.
Bar lawyer legal protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.
Violation of labor discipline may result in reprimand, reprimand and dismissal. The last "capital measure" of punishment is applied rarely and with evidence base, since the employee can appeal the decision of the employer in court.
Therefore, when dismissing the personnel departments of enterprises, they must comply with a number of important formalities.
concept
Labor discipline is understood as the norms of behavior described in the employment contract and in the Internal Regulations of the organization.
They concern punctuality, thrift with the property of the institution, not talkativeness in matters relating to trade secrets, and observance of a morally stable image. In this case, the working period of the employee is evaluated.
He cannot be convicted of immoral behavior on a non-working day or in his free time.
Grounds for recording a violation
Any defect in work time and performance related official duties, is regarded as a violation. Violations may result in punishment.
Examples of "neglect" to working moments:
- Deliberate errors in accounting documents that led to a decrease in income, bankruptcy. Corrupt practices for the purpose of enrichment.
- Damage to property in large sizes. Theft of items that are on the balance sheet of the enterprise (including under the pretext of writing off).
- Inappropriate behaviour.
- Appearance at the workplace in a state of alcoholic, toxic and drug intoxication.
- Absence from the place of employment for a long time without good reason (three to four hours are taken into account).
- Failure to fulfill the duties prescribed by the job description.
- Disclosure of personal data, information about third parties, information that became known in the performance of a labor function.
- Providing false documents when applying for a job that distort the true state of affairs.
- Violation of labor protection rules, due to which there was a threat to the life and health of people.
What threatens for a systematic violation of labor discipline? Examples
When labor discipline is violated, no one should be silent. In order to prevent violations from becoming systematic, such forms of punishment as reprimand and remark are applied:
Remark is a form of disciplinary action. An order has been issued to this effect. The remark is removed exactly after one year.
A reprimand is a form of disciplinary action. The legal sanction is applied under article 192 of the Labor Code of the Russian Federation. This is an average measure of responsibility, something between a dismissal and a remark.
The statute of limitations for filing this type of offense is 6 months, in case of accounting miscalculations - 2 years.
Which article of the Labor Code describes dismissal for violation of labor discipline?
The Labor Code allows the employer to dismiss for violation of discipline under paragraphs 5-11 of Article 81 (“Termination of the employment contract at the initiative of the head”). Each of the sections of this document is devoted to certain issues.
Legal dismissal will take place for the following reasons:
| Article of the Labor Code | Decryption |
| Paragraph five, prohibits repeated violation of labor duties | Two disciplinary sanctions for misconduct or more (remarks, reprimands). |
| Paragraph six, describes a single, but gross violation | Gross violation labor order. It is understood as absenteeism, appearance at work in a state of intoxication, act of corruption, disclosure of state secrets, official or commercial information. |
| Point seven, regarding unjust enrichment, conflict of interest | Violation by a materially responsible person of the lawful procedure for the distribution of material and financial benefits. Such actions lead to a loss of confidence on the part of the employer. For employees of municipal and government agencies authorities - incomplete or inaccurate provision of information on income and expenses, concealment of accounts, property objects. |
| Point eight, valid for educators, teachers | Immoral behavior in a children's (educational) and school (educational) institution. |
| Point nine, designed for financiers | For the theft of financial assets from the company's account, the actions of accountants in this case cause damage to the company. |
| Point ten, only for heads. | A single gross violation by the chief, his deputy of labor duties. |
| Item eleven, for specialists who have recently been hired by the enterprise. | For forgery when applying for a job, upon presentation of “purchased” diplomas, when indicating false information. |
Video: Types of penalties
The procedure for applying the punishment procedure
Dismissal for violation of labor discipline is actually the termination of an employment contract unilaterally with a corresponding entry in the work book of the offending employee.
This means that the employee has completely lost the “vote of confidence”. The employer is ready to take punitive measures against him.
The procedure for terminating the agreement is as follows:
- When ascertaining the fact of a disciplinary offense, the owner of the organization draws up an act. The form of the act is taken from the annexes of the Internal Regulations. The document is signed in duplicate and in the presence of two witnesses. The first form remains "in the hands" of the unfortunate worker, the second - in the personnel department of the enterprise.
- Also, the grounds for the application of punitive measures can be: a time log or a memorandum from the immediate superior. It all depends on the "composition of the crime."
- It is important for an employee of the organization to provide an explanatory note on time. It describes the reasons that prompted the employee to commit the violation. The time to provide logical explanations is no more than two days. And only the employer decides whether to consider these circumstances as valid.
- If the employer decides to initiate dismissal, then a special commission is created to implement its goals. She studies all the documents in the case and issues a verdict. The decision of the committee members is recorded.
- All documents are sent to the personnel department, where it draws up a dismissal order.
- The order is signed by the head of the institution.
Order in the punishment procedure, its role
The order is drawn up by the personnel service of the organization.
According to the T-4 form, its main attributes are:
- Name of the organization.
- Code according to OKPO, OKUD.
- Number and date of compilation.
- The number of the employment contract with the employee, the date of its conclusion.
- Date of termination of the employment contract.
- Full name of the employee, his personnel number.
- Place of work (department, sector), position.
- The reason for dismissal, a specific article of the Labor Code.
- Grounds for dismissal (memorandum, act).
- Director's signature with transcript.
This is what the order for dismissal for absenteeism looks like:
Snow Valley LLC
OKUD form
Document number Compilation date
Order (instruction)
on termination of the employment contract
Terminate the employment agreement from ______ No. ___
dismiss ____________ number
Full name of the employee in the genitive case ____________ Teterina Elena Veniaminovna
Structural unit, position ____________ meat shop, packer
Single gross violation of labor duties, absenteeism, according to paragraph 6 of the first part of Article 81 of the Labor Code
Grounds (document, number, date) 1. Memorandum of the shop foreman E.S.
- Act of official investigation No. _ dated_
- Explanatory Teterina E.V. from__
Head of the enterprise ____________________ Vasnetsov E.S.
Teterina E.V. was familiarized with the order (signature).
Arbitrage practice
The courts are often approached by dismissed employees who believe that their rights have been infringed. The judge can even justify such workers, restore their former status and force them to compensate for forced absenteeism.
There is only one reason for this decision: the employer violated the dismissal procedure.Examples from court cases when the employer made a mistake and the employee was reinstated by court order:
- The dismissal order was issued retroactively. The dismissal order was drawn up incorrectly: there is no article of the Labor Code of the Russian Federation, the documents-grounds for dismissal are not listed.
- An explanatory note was not taken from the employee.
- Failure to meet deadlines. The employer has the right to punish the offending person in accordance with Article 193 of the Labor Code of the Russian Federation within one month after fixing the offense.
- The absence of an explanatory note from the employee in the official investigation.
- The absence in the employee's personal file of documents confirming that he has an outstanding disciplinary sanction.