Misconduct of an employee. Differences of a disciplinary offense from other types of violations. Signs of a disciplinary offense

Non-fulfillment or improper fulfillment by an employee of labor obligations is qualified as disciplinary offence. Practice shows that many managers do not distinguish between a disciplinary offense and an administrative offense. This causes confusion when it comes to punishing an employee.

Disciplinary action can be considered the most difficult, from the point of view of law, means of ensuring labor discipline. This is especially true for dismissal for disciplinary violations. A dismissed employee often files a lawsuit in court, demanding reinstatement and payment of related compensation: forced absenteeism and moral damage. For the court to have no reason to recognize disciplinary action unlawful, the procedure for its imposition must be carried out in accordance with legal norms.

A disciplinary offense is a failure to perform (or improper performance) job duties prescribed in employment contract, caused by the guilty actions of the employee.

During inspections or labor dispute litigation, the employer will have to prove:

• that this employee is guilty of not fulfilling his labor duties;
• that the procedure for imposing a penalty that followed was carried out in compliance with all legislative norms and rules.

This procedure consists of the following steps:

1. Fixation of a disciplinary offense.
2. Explanatory documents, or an act on the employee's refusal to write them.
3. The imposition of a disciplinary sanction.

Acts of refusal to give written explanations or to testify with a signature the fact of familiarization with the order on the entry into force of a disciplinary sanction are drawn up at each stage. Acts are drawn up by officials whose competence includes documenting disciplinary offenses. If the enterprise does not provide special positions for this purpose, the acts are drawn up by the head of the unit or an employee of the personnel department.

• Disciplinary sanction: remark, reprimand or dismissal

What are the types of disciplinary offenses

Disciplinary offenses are divided into:

• lasting;
• repeated;
• withdrawn;
• discontinued.

A continuing disciplinary offense is a disciplinary offense that has not been stopped by the initial disciplinary action. It is important to distinguish between ongoing misconduct and repeated misconduct, i.e. next, even if it is the same as the first. A continuing disciplinary offense may result in a new disciplinary sanction, including dismissal.

A continuing disciplinary offense is an offense not corrected by the perpetrator after the initial disciplinary sanction. For example, an employee who has been reprimanded for violating a work deadline, despite this, continues to regularly violate the same deadlines, the misconduct is considered continuing, i.e. unchecked with help. disciplinary action. In this situation, the employer can exercise his right to disciplinary action for a continuing disciplinary offense, provided that the guilty actions of the employee who violates the deadlines for the delivery of work are proven.

Repeated misconduct is a secondary disciplinary offense, similar to the one for which the employee previously received a disciplinary sanction, and which was suppressed by this sanction. Let's consider this situation on the example of being late. An employee who is late for work receives a remark, after which he arrives on time for a sufficiently long time, but then is late again without good reason. Such disciplinary offenses are considered as two separate episodes, for each of which a penalty can be imposed.

He speaks CEO

Alexander Yelin, General Director of the audit company "Audit Academy", Moscow

We try not to abuse disciplinary sanctions, although, of course, the in-house position allows them to be applied. With a guilty employee, I act as follows - I give him a task that exceeds in importance those that he performed earlier. This method almost always achieves main goal– stop further disciplinary violations! The employee begins to feel his value, and tries not to violate discipline anymore.

The reason for a fine or reprimand is most often repeated violations, especially if they cause financial losses to the company.

Removed disciplinary sanction - disciplinary sanction has a one-year validity period. If during the year no more disciplinary sanctions were imposed on the employee, the previous penalty is considered removed (Article 194 of the Labor Code of the Russian Federation, Part 1). This point is important to consider when determining whether a new offense is a repeat one. Before defining it as such, read the records of disciplinary sanctions and make sure that the previously imposed penalty has not become invalid due to the statute of limitations.

The employer has the right to early withdraw a disciplinary sanction from the employee (Article 194 of the Labor Code of the Russian Federation, part 1). This may happen:

1. At the initiative of the leader. If the punished employee demonstrates the proper performance of official duties, high quality work, discipline, the employer may issue an order for the early removal of a disciplinary sanction based on their own observations (or information provided by the personnel department, which, as a rule, is charged with monitoring the behavior of the offending employee).
2. At the request of the worker. If the employee is trying to correct the consequences of his negative behavior that led to the disciplinary act and demonstrates quality work and impeccable discipline, he himself can apply for early removal of the penalty. The request is made in writing, in the form of an application addressed to the person who signed the act of disciplinary action.
3. At the initiative of the head of the department. Supervisor structural unit, in whose direct subordination the delinquent employee is, can submit to the management a “petition” or “representation”, which contains a proposal to remove the penalty from the subordinate, since the person has realized his mistakes and no longer gives grounds to consider himself a violator of discipline.
4. At the initiative of the representative body of workers. The representative body of employees may send the employer a “petition” or “representation”, similar to that made by the head of the structural unit, or the minutes of the meeting of the labor collective (if the decision on the petition was made at the meeting).

The final decision (regardless of who initiated the early removal of the disciplinary sanction - the employee himself, his immediate supervisor or the work team) is made by the employer or the person who signed the administrative act imposing a disciplinary sanction. In case of a positive decision, the authorized person issues an appropriate administrative document - an order or instruction. On the basis of this order, the relevant information is entered into the personnel records.

Stopped misconduct - misconduct is considered terminated when the employee who committed it makes every effort to eliminate the negative consequences of his mistake or shortcoming, this can (and should) be regarded by management as extenuating circumstance. Such behavior of a delinquent employee may serve as a basis for mitigating the penalty (in some cases, even for refusing to apply the penalty).

Types of disciplinary sanctions are prescribed in article 192 of the Labor Code of the Russian Federation. These include notice, reprimand and dismissal. It should be borne in mind that dismissal requires compliance with a number of additional conditions. The employer has the right to apply any disciplinary sanction provided by law. Other types of penalties are possible only subject to federal laws or specific charters and regulations governing discipline special categories workers.

20 ways to punish an employee without resorting to monetary penalties

In an article in the CEO e-zine, your colleagues share how they respond to employee misconduct and misconduct.

Penalties and other payroll deductions for tardiness, non-compliance with the dress code, or other misconduct enjoyed by some employers are illegal and illegal.

If the employee's misconduct is qualified as a gross violation of labor duties (paragraph 6 of Article 81 of the Labor Code of the Russian Federation), the employee can be fired immediately. A preliminary imposition of a disciplinary sanction in this case is not required. Gross violations include: going to work in a state of intoxication, absenteeism, disclosure of trade secrets.

According to the Labor Code of the Russian Federation, the employer has the right to choose any legally fixed type of disciplinary sanction. Some types of disciplinary offenses involve two types of responsibility - disciplinary and material. The purpose of disciplinary liability is the suppression of an act, the material purpose is compensation for material damage that a company or enterprise has suffered as a result of this disciplinary violation. This procedure is regulated in Part 6 of Article 248 of the Labor Code of the Russian Federation: “damage is compensated regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or inaction that caused damage to the employer.” With the simultaneous imposition of disciplinary and material penalties on the employee, the employer is obliged to comply with the provisions of Chapters 30 and 37 of the Labor Code of the Russian Federation.

Suspension from work for violation of Article 76 of the Labor Code of the Russian Federation is not a disciplinary sanction. Simultaneously with suspension from work for untimely completion of a periodic medical examination, training or testing of knowledge and skills in the field of safety, the employer has the right to impose a disciplinary sanction on the employee. For example, the removal from work of a person who appeared at the workplace in a state of intoxication is the direct responsibility of the employer. But at the same time he has the right to impose a disciplinary sanction on the employee.

Each employer has the right to apply disciplinary sanctions to its employees, in accordance with Part 1 of Article 22 of the Labor Code of the Russian Federation. An individual or a legal entity can act as an employer (Part 4, Article 20 of the Labor Code of the Russian Federation). The rights and obligations of the employer legal entity implemented by the governing bodies or persons authorized by the governing bodies. Their actions are regulated by law and regulations, constituent documents and regulations of the organization.

Usually the right to bring subordinates to disciplinary responsibility is vested executive agency represented by the head of the organization (company president, general director, director, etc.) This right is fixed in the employment contract of the head, in the constituent documents and other regulatory acts (regulations) of the company. Examples of such regulations are the "Regulations on the General Director", "Regulations on moral and material incentives for personnel", etc.

The sole executive body (head) of the organization may delegate these powers to a subordinate official, for example, a deputy for personnel. If there are job descriptions, they may establish a similar right for certain officials.

The heads of structural divisions are given the right to apply penalties to their subordinates extremely rarely. As a rule, line managers who directly control the work of personnel have the right to send official or reporting documentation to the name of the person imposing the right to impose disciplinary sanctions containing proposals to subject this or that employee to punishment. It is they who are most often the initiators of the imposition of disciplinary sanctions, as they are the main witnesses to the improper performance of their official duties by the employee and other violations. labor discipline.

A disciplinary sanction imposed on an employee by a person who does not have such a right will be canceled by a labor dispute commission, a state inspection, or a judicial authority. If an unlawful (albeit well-deserved) penalty is canceled, the employer may not have time to apply a similar disciplinary sanction to the offending employee, since he may miss the deadlines set by the Labor Code of the Russian Federation for the application of disciplinary sanctions.

Practitioner tells

Mariana Dorozh, Leading Legal Counsel, Telecom-Service IT Group of Companies, Moscow

I do not recommend rushing to apply disciplinary action. So, an employee who is absent for more than four hours may refer, for example, to a complex medical examination associated with a blood test. This right is granted to the employee by law. It should also be borne in mind that there is no statutory deadline for applying for leave without pay. Therefore, the worker can do so upon returning to workplace. Thus, it may turn out that there is nothing to punish the employee for.

If you are going to dismiss an employee for theft, remember that even if your security service, including non-departmental ones, has recorded the theft of property, this will not be grounds for dismissal. The security service does not have the right to make decisions on the imposition of a disciplinary sanction.

How to properly punish for a disciplinary offense

Step 1. Fixing the misconduct of the employee

A violation committed by an employee must have all the signs of a disciplinary offense (Article 192 of the Labor Code of the Russian Federation), which is defined in the article as non-performance or improper performance of labor duties assigned to the employee (due to the fault of the employee). The employer must be 100% sure that all the signs and circumstances of such actions of the employee are present:

1. Certain actions (or refraining from doing certain actions) are the legal labor obligation of the employee. If there is a need for litigation, the employer will have to prove that this action is indeed the direct labor obligation of this particular employee.
2. The labor obligation prescribed in the employment contract was not performed, or was performed improperly. As evidence of this fact, documents must be submitted (for example, a cleaning schedule for a room that does not have the necessary signature of the contractor, a time sheet, etc.) and testimony of witnesses. Inadequate performance of duties is determined by the situation (for example, after cleaning the floor is covered muddy puddles, therefore, the cleaning was done improperly), or documented (if the duties of the secretary, according to the job description, include the delivery of correspondence to the manager immediately after receipt, and it was delivered three hours later)
3. The behavior of the employee was unlawful (inconsistent with the law and obligations enshrined in the employment contract). The manager does not have the right to impose disciplinary sanctions on the employee for lawful behavior. For example, an employee who has not complied with the instructions of the head to recall from legal annual leave should not be held accountable by law (Article 125 of the Labor Code of the Russian Federation). This also applies to the refusal to share annual leave into several parts and other similar situations.
4. The illegal action must be directly related to the performance of labor duties. Illegal behavior not related to labor duties (violation of public peace, evasion of public assignments, etc.) is not subject to disciplinary action.
5. The action (or inaction) of the employee must be intentional or reckless, i.e. guilty.

If there are valid reasons for non-fulfillment of duties, the disciplinary sanction imposed on the employee will be illegal. The list of good reasons is as follows:

• disability (confirmed by a medical certificate);
• call in law enforcement, court, military registration and enlistment office;
• natural or man-made disasters (floods, snowfalls, traffic accidents);
• lack of necessary conditions and materials for work.

In order for a disciplinary sanction to be qualified as lawful, all of the above circumstances must be present. In the absence of one or more circumstances, the disciplinary sanction imposed on the employee will be considered illegal, and the behavior of the employee will not be regarded in court as a disciplinary offense.

Let's take an example. If the employee refuses to comply with the order of the head, arguing that these actions are not his responsibility, it is necessary to find out whether this is true and how legitimate the order of the head is. The employer does not have the right (according to Article 60 of the Labor Code of the Russian Federation) to require employees to perform work that goes beyond the scope of the employment contract (excluding specially provided cases regulated in the Labor Code of the Russian Federation and some federal laws). If the manager's order really contradicts the employment contract, the employee's actions cannot be regarded as a disciplinary offense.

It happens that an employee is honestly mistaken, believing that he has reason not to follow the instructions of the management. In this case, before subjecting him to a disciplinary sanction, persons authorized to apply disciplinary sanctions are obliged to explain to the employee the inconsistency of his position and warn him of the consequences - if he insists on his incorrect assessment of the situation, he will be declared a legal disciplinary sanction.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 analyzes judicial practice in the field of labor disputes related specifically to the imposition of disciplinary sanctions, and indicates which cases should be qualified on the basis of the provisions of the Labor Code of the Russian Federation as a disciplinary offense. These include:

1. The absence of an employee at the workplace for 4 hours during the working day (without good reason). Absence from the workplace is considered not only the absence of an employee at work in general, but also his presence in a place other than that determined by his main job function.
2. Direct refusal without good reason to perform labor duties, in a situation where labor standards change in accordance with Article 162 of the Labor Code of the Russian Federation. Since the employment contract provides for compliance with local internal labor regulations (Article 56 of the Labor Code of the Russian Federation), as well as the implementation of established labor standards (Article 21 of the Labor Code of the Russian Federation), such employee behavior can be regarded as a disciplinary offense. But, if there have been significant changes in working conditions that resulted in the employee's refusal to perform duties, this cannot be regarded as a violation of labor discipline, but is the basis for termination of the employment contract (paragraph 7, part 1, article 77 of the Labor Code of the Russian Federation) . The procedure for terminating an employment contract is established in article 73 of the Labor Code of the Russian Federation.
3. Evasion or refusal of mandatory regular medical examination (for workers of certain professions), refusal and evasion of training and delivery of mandatory permits for operation and safety if they are carried out during working hours.
4. Refusal of an employee whose main labor function(specified at the time of hiring) is the service material assets from the conclusion of an agreement on the full liability(without good reason).

Step 2. Demand explanations from the employee

Before making a decision on the application of a penalty, the manager is obliged to familiarize himself with the explanations of the employee. The explanation must be in writing.

There are several forms of written explanation. The best option is an explanatory note, drawn up by hand, in any form. In some organizations (mainly where a coherent and logical description of events in writing is difficult for most personnel), template forms are practiced where lines (columns, cells) should be filled in, answering the questions:

• What was the reason (motive) for committing this offense?
• do we admit the employee is guilty of this misconduct?
• if the worker believes he is innocent, who, in his opinion, is guilty and should be punished?

The addressee of the explanatory note is determined by the local regulations of a particular organization - the head of the organization, the head of the personnel department, the head of the structural unit, etc.

Another explanation is possible - drawing up an act on the fact of a disciplinary violation, fixing the circumstances of the case in it and certifying this act with the signature of the employee who committed the disciplinary violation.

The fact that an employee refuses to give an explanation cannot be an obstacle to imposing a disciplinary sanction on him (Part 2, Article 193 of the Labor Code of the Russian Federation). However, the application of a disciplinary sanction without explanatory documents received from the offending employee may be challenged in court. If the employee refuses to write explanations, an act of refusal should be legally drawn up in the presence and signed by disinterested witnesses.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 (paragraph 53) expressed the following legal position. Constitutional principles: legality, guilt, justice, proportionality, equality, humanism - must be observed in cases of application of disciplinary sanctions to an employee.

The representative of the employer will have to provide evidence that he took into account when imposing a penalty:

• the severity of the violation;
• circumstances accompanying the committed misconduct;
• the behavior of the employee before he committed a disciplinary offense;
• the attitude of the delinquent worker to work, which he demonstrated before committing the misconduct.

If the court decides that the dismissal of the employee was carried out without taking into account these circumstances (although the disciplinary violation will be recognized as committed), the claim of the dismissed employee for reinstatement and payment of appropriate compensation may be satisfied.

Step 3. Imposing a penalty for a disciplinary offense

The fact of imposing a disciplinary sanction is expressed in the issuance of an appropriate order and the obligatory familiarization of the offending employee with it (under signature). It is advisable to carry out the delivery of the order in front of witnesses, so that in case of refusal by the employee to sign the issued order, draw up an act fixing the employee's refusal to sign.

Typical mistakes that are made in the process of imposing a disciplinary sanction

1. The main rule is "one offense - one penalty." If the employee continues to violate labor discipline, it is permissible to impose a new disciplinary sanction on him (including dismissal under the relevant article). To do this, his actions must be qualified as a continuing misconduct. However, in the case of a single violation (for example, "late" to the beginning of the working day by 4 hours or more), for which the employee was reprimanded, it is considered that the employer has already used his right to choose a punishment. To impose another, more severe punishment on the guilty person for the same act, for example, to dismiss him under Article 81 of the Labor Code of the Russian Federation (subparagraph "a", part 6), he has no right. However, if the employee continues to be “late” for 4 or more hours, the employer has the right to consider this misconduct continuing and impose a new penalty on the employee, including dismissals under this article.
2. To fix guilty actions, it is necessary to obtain a written explanation from the offending employee without fail before a penalty is announced. If an explanation is requested after the announcement of the penalty, the penalty is considered unlawful, even if, in fact, a disciplinary violation has occurred and the employee is really guilty. If the violator refuses to give a written explanation of his actions, it may be replaced by an act of refusal. The act must fix: calendar date, place and reason for drawing up the act. The act is signed by an authorized person and several disinterested persons as witnesses (the task of the employer is to ensure the presence of such witnesses when trying to get an explanation from the delinquent employee). As mentioned above, the employee's refusal to give explanations cannot serve as an obstacle to the lawful (with observance of all necessary procedures) imposing a penalty.
3. What matters is the time elapsed between the discovery of a violation and the imposition of a penalty. The day of discovery is the date when the misconduct of a subordinate is discovered by his immediate superior. The penalty may be considered lawful if imposed within a month after the discovery of the violation. This period does not include the time the employee is absent due to illness or vacation. Other reasons for absence are not considered valid, including the employee's free days that he received for overtime work. For an offense discovered more than 6 months after the commission, a disciplinary sanction cannot be imposed. In the event that a violation is revealed as a result of an audit (audit, revision, financial and economic), the limitation period is extended to 2 years. The time of proceedings in a criminal case shall not be included in the specified time limits.
4. An employee who has been subjected to a disciplinary sanction must be familiarized (under signature) with the relevant order (instruction) within a period of not more than three working days. Failure to comply with the three-day period may serve as the basis for a judicial appeal of the penalty. Refusal to sign does not prevent the entry into force of the punishment and is replaced by an act signed authorized person and disinterested witnesses.
5. If, nevertheless, the matter has come to consideration in the courts, it is important for the employer, on his own initiative, to provide evidence of the legitimacy of his position, documents confirming the fact that the employee committed a disciplinary offense, and that the imposition of the penalty was carried out in compliance with all necessary procedures. Otherwise, a positive decision of the court may be canceled by a higher authority with the wording "due to insufficient investigation of the circumstances."
6. The documents submitted by the employer to the court must not contain contradictions. To do this, attention should be paid to filling out related documents throughout the history of the labor conflict. It happens that the employee’s lateness is not noted in the time sheet (although he is regularly late), and subsequently the employee refers in court to the time sheet, where the full number of working hours is noted, although other documents are explanatory and memorandums, orders, entries in work book- testify otherwise.

The evidence in court is:

1. Witness testimony in writing.
2. Documents: acts, contracts, business correspondence, certificates, court orders and related applications in any format (originals, faxes, documents received by e-mail).
3. Audio and video recordings or other material evidence.
4. Expert opinions.

Administrative offense and disciplinary offense: what is the difference

A disciplinary act in some cases may simultaneously be an administrative offense. Such delicts are called administrative and disciplinary offences.

The difference between a disciplinary offense and an administrative offense is determined by the type of public relations committed an illegal act. Disciplinary offenses violate the internal (labor) routine of a single organization (enterprise) and labor discipline at a single enterprise. Such social relations are not the object of an administrative offense.

• Occupational safety requirements that the manager should know

CEO speaking

Mikhail Plynsky, General Director of Faber Electrical Company, Oryol

As in many others, in our company there were cases of violations of labor discipline by employees. Lateness, absenteeism, drunkenness, theft, idleness during the working day. While there were no more than 30-40 people in our staff, problems were solved through ordinary educational conversations - either personally with the culprit, or at a general meeting of the team. When the business began to grow rapidly, we were faced with the need to significantly expand the staff, while not being able to carefully select candidates. Instead, we developed a certain scale of violations, according to which we assessed the severity of the misconduct and the harm that it brought to the company, and in accordance with it we chose a measure of restraint. Minor delays were ignored. For absenteeism or a long delay, they scolded and demanded an explanatory note. Drunkenness in the workplace was a reason for immediate dismissal. These measures did not carry any educational load, they were purely sanitary - they freed the team from unreliable elements.

Over time, we realized that it was time to change the approach. It is necessary not to react to violations that have already occurred, to minimize the very possibility of disciplinary offenses. This is possible only in an enterprise with a well-developed work culture. We began to form a work culture at our enterprise by introducing the Harzburg management system. To a large extent, we succeeded. I will enumerate the means used by us, which made it possible to achieve high labor discipline.

Meetings for round table. Such meetings are attended by senior staff of various departments, who together analyze problem situations. The decisions taken at such meetings are put into practice with the assistance of higher levels of management. Such meetings increase the loyalty of employees to the management and the company as a whole, as they feel their importance, significance, and take a real personal part in the management of the company in which they work.

Collaboration of managers and ordinary employees of different departments. Previously, employees of adjacent departments did not show any initiative to cooperate with each other. Now they are ready to share their experience and often find effective (often original and non-standard) cost-effective solutions that benefit the entire company. As an example. We have several production sites, which employ workers of various specialties (locksmiths, painters, welders). At one of the meetings, employees of various departments agreed on the sharing of labor resources (depending on the production needs and workload of workers). We cross-trained employees from different departments and developed a scheme for reassigning “transitional” workers.

The variable component of wages. This is an extremely effective tool to combat drunkenness, laziness and other manifestations of sabotage! The remuneration of each employee is determined not only by his personal results, but also by the aggregate performance of his colleagues in the department. We have introduced a system for accruing a variable component of wages. Cash reward calculated by the point factor method.

For each employee, labor efficiency (S) is determined, which takes into account three factors:

• the degree of implementation of the plan (A);
• quality of work (B);
• labor discipline (C).

The personal compliance of each employee with these conditions is assessed on a five-point scale. Different factors have different significance, so the final formula looks like this: S = 2.5A + 1.5B + ​​C. This formula determines the percentage of an employee's bonus from the size of the bonus fund. And the size of the bonus fund depends on the output of the entire unit (site). That is, the personal indicators of the employee's wages depend on the results of the work of the unit and at the same time affect them.

Selection of candidates based on the profile of the position. The profile requirements for each position that we have compiled have fixed the main requirements for candidates for specific vacancies. This measure allowed us to more carefully select candidates for work, and consequently, to improve the quality of the staff.

Automated time tracking. Our company has introduced a separate access system equipped with turntables and magnetic locks. They are installed at all entrances - to the general territory of the enterprise, to workshops, to office premises. Thus, we got the opportunity to control not only the time of arrival and departure of each employee, but also where exactly the employees are located during the work shift. The main checkpoint is equipped with monitors with photos of employees' passes entered into them, and security makes sure that the owner of the pass passes through the horizontal bar, and no one else. We also made a collective decision and installed a video surveillance system (records are stored for 180 days and are constantly available to an authorized employee). Combining video surveillance and separate access systems allows you to analyze the involvement in labor process any of our employees.

The whole life of a full-fledged citizen is tied to the observance of codes of rules and laws. Social norms and rules are regulated by separate legal institutions. Depending on the nature of the violation, it is classified as either a crime or a misdemeanor. In turn, the latter can be divided into three main types: disciplinary, administrative and civil law.

What is a disciplinary offense

In any developed society, non-compliance with the norm and order entails punishment. The labor activity of a citizen is no exception. In the performance of his labor duties, an employee may commit an intentional or unconscious violation of labor discipline, which will entail a subsequent penalty.

This is any non-fulfillment and non-compliance by the employee with his labor duties, which he officially agreed to perform at the conclusion of the employment contract. The punishment for this type of violation is assigned by the employer.

Examples of disciplinary offenses

Each organization has its own standards of conduct, which the employee can familiarize himself with when concluding an employment contract. However, the most common types of faults can be listed:

• being late for work
• appearing at the workplace in an inappropriate manner,
• ignoring the dress code,
• drinking alcoholic beverages during working hours,
• refusal to undergo a medical examination,
• failure to comply with management instructions
• leaving the workplace without the permission of superiors,
• damage to the property of the employer, theft of funds,
• violation of the norms of behavior and communication with customers, if the list of such is established in this organization.

For the commission of a disciplinary offense, the employer has the right to apply the following disciplinary sanctions:

• Fine;
• Demotion and reduction in wages;
• Suspension from duty;
• Dismissal;
• Dismissal with an appropriate mark of disciplinary action in the work book.

This issue is considered in more detail.

Gross disciplinary offenses of military personnel

For military personnel, prosecution is carried out on the basis of a violation military discipline. The roughest are:

• willful departure from the territory of a military unit without a permit;
• violation of the statutory rules for guard duty, patrolling, combat duty, border service;
• intentional damage, theft of military property;
• deliberate careless handling of weapons, ammunition, chemicals or other objects/substances that may pose a danger to others;
• improper operation or damage to military equipment;
• carrying out guard, border service, duty, patrolling in a state of narcotic or alcoholic intoxication;
• rejection necessary measures military personnel when an offense is committed by one of his subordinates, as well as concealment of the fact of the violation and failure to report the incident to the higher leadership.

The difference between a disciplinary offense and an administrative and crime

If a citizen can commit a disciplinary offense in the performance of labor discipline, then administrative offenses are regulated by administrative law and imply the commission of socially dangerous actions. For example, an employee in a state of intoxication left the workplace at an inopportune time without warning the management, and then he went to the playground, where he continued to drink alcohol. In such a case, the citizen violated both labor discipline and the norms of administrative law. Accordingly, the citizen expects two types of punishments: disciplinary from the employer and administrative from the relevant authorities.

Is it possible to apply two penalties for a disciplinary offense?

As a punishment for this type of violation, the employer can apply three types of punishments, which are classified according to the degree of severity:

• comment,
• rebuke,
• dismissal.

For each offense, the employer has the right to apply only one penalty, and not necessarily on an increasing basis: from the least to the most severe with the commission of each misconduct. If the offense is regarded by the employer as extremely serious, he has the right to immediately apply the most severe penalty: dismiss the employee.

If two or more penalties were applied to an employee for one violation at the same time, his rights were violated, he must file a complaint with the federal labor inspectorate. However, the employer has the right to apply a penalty for violation in parallel with bringing to material liability if, in case of non-compliance with labor discipline, the employee caused material damage to the property of the employer.

An act on the commission of a disciplinary offense by an employee - a sample

There is a universal template for an employee non-compliance with work ethics, which is filled out by the employer.

Any management must monitor compliance with the labor order, reward conscientious employees and apply penalties for every serious disciplinary offense. What do you need to know so that such a penalty is not recognized as illegal? About this - in our material.

Characteristics and types

Offenses of an administrative, civil or disciplinary nature have a negative impact on the economic performance of the enterprise. Therefore, managers try to maintain order in the work team.

In practice, confusion often arises between disciplinary and administrative offenses. What is a disciplinary offense of an employee? This is a failure to perform or improper performance of labor duties through his fault (Article 192 of the Labor Code of the Russian Federation). It has 3 features:

1. During inspections or litigation it is necessary to prove that the violation occurred through the fault of the employee, and the procedure for imposing a penalty was carried out in compliance with the law.
2. Only the employer has the right to punish a subordinate, and not the authorized bodies, bailiffs, etc.
3. Liability is not provided for every violation.

When analyzing a disciplinary offense and its characteristics, the following types can be distinguished:

When can the wrongdoer be punished?

The following are the most common examples of disciplinary offenses that can be sanctioned:

• poor quality work;
• groundless refusal to perform labor duties;
• violation of the job description;
• non-compliance with internal regulations;
• non-compliance with labor standards, etc.

A prerequisite for applying the sanction: the violation occurred solely through the fault of the employee, while his labor duties are spelled out in the employment contract, the Labor Code of the Russian Federation or the internal document of the enterprise.

Interestingly, the signs of a disciplinary offense under the Labor Code of the Russian Federation do not say anything about its negative consequences for the employer. This means that you can issue a reprimand to an employee, even if his absence did not affect the production process.

It is important that the law does not provide for liability:

• for violations not related to the performance of labor duties;
• for offenses in which the employee is not at fault.

Also, a penalty for a disciplinary offense is not applied if there is no causal relationship between negative consequences and employee misconduct.

What to do when labor discipline is violated

What punishment to choose an employer

Based on Art. 193 of the Labor Code of the Russian Federation, only one punishment can be applied for one disciplinary offense. Labor legislation provides for 3 of their options:

• comment;
• rebuke;
• termination of employment relationship.

Remember: it is impossible, for example, to announce a reprimand and terminate the contract at the same time.

The most severe punishment is dismissal for misconduct. It is applied:

The composition of the disciplinary offense includes the subjective side, that is, the mental attitude of the employee to the illegal action (inaction). Guilt in any of its forms can only be proven in relation to an employee who is able to give an account of his actions and manage them. In this connection, an employee who is recognized by the court as incompetent cannot commit guilty acts, and, consequently, become the subject of disciplinary liability.

The composition of a disciplinary offense includes an object, that is, a specific provision of the internal labor regulations or specific labor duties that are not performed by the employee or performed improperly by him. No specific rule violation labor activity also does not allow legally to bring the employee to disciplinary responsibility.

The composition of the disciplinary offense also includes the objective side, which consists in the occurrence of adverse consequences for the employer, which are in a causal relationship with the guilty and committed by the employee. misconduct(inaction).

The evidence of the considered legally significant circumstances, as well as the presence of the listed elements of the composition of the disciplinary offense, which are largely related to these circumstances, and allows you to legally resolve the issue of bringing the employee to disciplinary liability.

1.4 Classification of disciplinary offenses

Disciplinary offenses can be classified into types on various grounds. For example, they can be divided into types depending on the object that has become the subject of the violation. In particular, an employee may commit violations of safety regulations, internal labor regulations of the organization, work and rest regime, etc.

Disciplinary offenses can be classified depending on which employee committed them, that is, according to the subjective criterion. A disciplinary offense can be committed by a worker, an employee, a minor employee. This classification also has legal significance, since there is a special procedure for bringing minors to disciplinary responsibility.

Disciplinary offenses can be classified according to the legal consequences that may occur for the employee who committed them. In this case, it is possible to distinguish misconduct, for which dismissal may follow as a measure of disciplinary action, and other disciplinary offenses punishable by other measures of disciplinary responsibility.

Disciplinary offenses can be classified depending on what consequences they entailed for the employer. This classification is also of legal importance to justify the disciplinary measure applied to the employee.

Disciplinary offenses can be classified depending on the form of guilt of the employee who committed them. In particular, they can be committed intentionally or by negligence. This classification may also be important when applying a disciplinary measure to an employee.

2. General disciplinary sanctions: concept, types, procedure for imposition and removal. Special disciplinary liability for certain categories of employees

2.1 Types of disciplinary action

Unlike a crime, a disciplinary offense is not characterized by a public danger, but is a socially harmful act. As a consequence, it entails the application of disciplinary measures.

Article 192 of the Labor Code of the Russian Federation provides for the following types of disciplinary sanctions:

- remark;

- reprimand;

- dismissal on the appropriate grounds.

At the same time, it is indicated that federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline, that is, local regulations.

All disciplinary measures are imposed by the employer.

The most severe, extreme measure of disciplinary action is dismissal. It is possible in the following cases:

1) repeated non-fulfillment by an employee without good reason of labor duties, if he has a disciplinary sanction (clause 5, article 81 of the Labor Code of the Russian Federation);

2) a single gross violation of labor duties by an employee (clauses 6, 9 and 10 of article 81, clause 1 of article 336 and article 348.11 of the Labor Code of the Russian Federation), namely:

absenteeism (absence from work without good reason for more than four consecutive hours during the working day);

- appearing at work in a state of alcoholic, narcotic or other toxic intoxication;

- disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties;

- the commission of theft (including small) of another's property at the place of work, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into force or a decision of a judge, official, body authorized to consider cases of administrative offenses;

- the establishment by the labor protection commission or the labor protection commissioner of a violation by the employee of labor protection requirements, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created real threat occurrence of such consequences.

In addition, dismissal is possible under paragraphs 7 and 8 of part 1 of Art. 81 of the Labor Code of the Russian Federation in cases where the guilty actions that give grounds for the loss of confidence, and an immoral offense, respectively, are committed by the employee at the place of work and in connection with the performance of his labor duties.

Separate grounds for dismissal at the initiative of the employer are provided for the heads of the organization, his deputies and the chief accountant (clauses 9 and 10 of article 81 of the Labor Code of the Russian Federation):

- making an unreasonable decision that entailed a violation of the safety of property, its misuse or other damage to the property of the organization;

- a single gross violation of labor duties.

The employer is obliged to consider the statement of the representative body of employees about the violation by the head of the organization, the head of the structural unit, their deputies labor law and other acts containing norms labor law, conditions collective agreement, agreement and report the results of its consideration to the representative body of employees.

In the event that the fact of a violation is confirmed, the employer must apply a disciplinary sanction to the head of the organization, the head of the structural unit, their deputies, up to and including dismissal.

2.2 The procedure for applying disciplinary sanctions

The procedure for bringing to disciplinary responsibility is regulated by Art. 193 of the Labor Code of the Russian Federation. On the basis of labor legislation, the following stages of disciplinary proceedings can be distinguished.

The employer interrogates witnesses and gets acquainted with the proposal to bring the employee to disciplinary responsibility, received from a person who does not have the right to impose disciplinary measures. The employer must demand from the employee who allegedly committed a disciplinary offense a written explanation. If, after two working days, the specified explanation is not provided by the employee, then an act of refusal to give written explanations is drawn up. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

When imposing a disciplinary sanction, the following circumstances must be clarified:

- what was the offense and whether it can be the basis for imposing a disciplinary sanction;

- whether the offense was committed without good reason;

- whether the performance of actions that the employee did not perform (performed improperly) was included in the scope of his duties and what document provides for these duties;

- whether the employee is familiar with the local act, which provides for the relevant duties, against signature;

- whether the disciplinary measures applied to the employee are provided for by law or regulation or charter on discipline;

- whether the terms and procedure for imposing a disciplinary sanction have been observed;

- whether the official imposed a penalty. A disciplinary sanction can only be imposed by a leader. Other persons may impose a penalty only on the basis of documents where such powers are specifically prescribed.

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account. The following rules must be observed:

- a disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees. The day when the misconduct was discovered is the day when the immediate supervisor became aware of the misconduct, regardless of whether he had the right to apply disciplinary measures;

- a disciplinary sanction cannot be applied later than six months from the date of the misconduct, and a penalty based on the results of an audit, audit of financial and economic activities or an audit - later than two years. The specified time limits do not include the time of criminal proceedings;

18.06.2018, 2:36

The workflow doesn't always go smoothly. A disciplinary offense is one of the types of labor violations committed through the fault of an employee. The reasons for its commission may be different, but the bottom line is that the obligations prescribed in the employment contract have been violated. Their immediate supervisor must monitor compliance. More details - in the material.

Breach of discipline

It is worth clarifying that it is possible to talk about such a concept as a disciplinary offense only regarding labor relations between a subordinate and a boss. The employer may resort to punishment if there has been a violation of labor discipline. The following features of this violation can be distinguished:

• the subordinate did not fulfill the predetermined and documented duties, or fulfilled, but not completely or not as required;
• must be job description with which the employee is familiar, where these duties are clearly and understandably spelled out. It is important that the employee is familiar with them in advance.
• there is an employee’s fault and there is evidence that it was his actions or, conversely, inaction that led to the violation.

Only in the presence of all three signs can we say that a disciplinary violation has been committed.

The employer has the right to independently decide whether to apply punishment. However, the subordinate can challenge his decision. In any case, the employee retains the right to provide information in writing on the reasons for his actions (or inaction). Only after that the administration raises the decision on punishment.

In practice, a distinction is made between repeated and continuing offenses. The first were once suppressed, the guilty one was punished. However, after a while the situation repeats itself. In the second case, the violation was not stopped at all, that is, the subordinate continues to behave in such a way that provokes these violations.

What awaits the offender

The question of the application of punishment is decided by the immediate superior of the perpetrator. One penalty may be applied for each disciplinary offense. You cannot use 2 types of punishment at once for the same violation.

There are 4 types of impact on the offender:

If the boss immediately reprimands the employee immediately after the discovery of the violation, then dismiss him, provided that there were no repeated violations. However, if the situation repeats itself and a second reprimand is issued, dismissal is quite possible and it will not be possible to challenge it through the courts.

Any measure of punishment can be applied within six months after the offense was committed and within a month after its discovery. Otherwise, the punishment cannot be applied, since the deadlines have already passed.

It is worth mentioning that no disciplinary violation entails fines. An employer can only punish a person by depriving him of his bonus, but wages or demand fines. If the employee caused material damage to the organization, then it is possible to recover from the violator the amount covering the damage.

What are disciplinary offenses?

The Labor Code does not contain a clear list of violations that relate to disciplinary offenses. The document contains only types of punishments and signs of misconduct.

Therefore, such issues are resolved in private. The employer himself determines whether there was a violation, and the subordinate can dispute this and explain in writing. If we talk about serious misconduct, then among them we can name:

• absence from the workplace for more than 4 hours. This is considered absenteeism if the employee cannot provide evidence of a good reason for absence;
• deliberate refusal to work for one reason or another;
• constant delays;
• presence at work in a state of intoxication;
• submission of false information or forged documents when applying for a job.

It is clear that the list of violations is not limited to this. According to the law, if working conditions change, all subordinates must be familiarized with them, as evidenced by the signature in the relevant document. It should be borne in mind that these conditions should not worsen, otherwise employees will be able to refuse such changes and it will be impossible to apply punishment in this case.