When can a disciplinary sanction be withdrawn? Early removal of a disciplinary sanction. The procedure for removing the penalty

In the process of labor activity, each employee may experience difficulties that are associated with the performance of his work. If the worker commits any misconduct, the manager can bring him to disciplinary responsibility. Such responsibility may include receiving a reprimand or a comment. In some cases, an employee may be fired. In this article, we will consider in detail the cases in which a disciplinary sanction is applied, and what is its validity period.

What offenses can be punished

There are a number of cases where an employee disciplinary action may be taken. This happens in such cases when the worker does not perform his work duties in a quality manner.

Before starting work, the manager and the employer sign an employment contract. It clearly spells out all the duties that the employee must perform in the course of his work activity.

The employee must carefully read all the clauses of the concluded employment contract, and put his signature. In case of non-performance or improper performance of their work duties , a citizen is held accountable, which is called disciplinary. Also, the employee is brought to such responsibility for other reasons.

Let's take a closer look at other cases that may lead to recovery:

1. The worker violates labor discipline, which is established in the organization.
2. The worker violates the provisions of his job description.
3. The employee violates the provisions that are prescribed in other regulations.
4. The employee performs such actions that are prohibited, according to the documentation of the enterprise.

Possible actions

If such a situation occurred when the employee nevertheless violated labor law or the discipline that is established in the organization, he can be subject to a disciplinary sanction on completely legal grounds. According to labor law, Russian Federation the following measures have been established:

• making a comment;
• issuing a reprimand;
• dismissal.

Making a comment is considered the lightest measure of disciplinary action. The remark is made to the employee orally. It is usually applied for minor violations committed by the worker. Reprimanding is a more serious measure that a manager can apply to an employee. The reprimand is made in writing.

The most severe measure of influence is dismissal. It is carried out in case of serious violations of the working schedule.

These measures are clearly regulated in the Labor Code. No other disciplinary measures in relation to a citizen, the leadership can not apply.

To carry out other measures of influence the head can only in some situations. Such cases include the provisions and rules of the regulatory acts of the organization. If the documentation of the enterprise contains items that indicate other measures of influence, then they can be applied.

How to issue a punishment under the Labor Code of the Russian Federation

When a worker has committed some misconduct, and the manager is going to impose a disciplinary action on him, it is worth remembering the correctness of its execution. The claim must be made with the appropriate documents. Documents that need to be completed include:

• Act.

This document is drawn up in order to record the fact of committing a disciplinary offense. The act can be drawn up in several cases, for example, if the employee was late for workplace if the employee did not show up for work.

• Reporting note.

This document is compiled by the head himself. It can also be drawn up in several cases, for example, if the worker violates the deadlines for submitting reporting documents, if the worker has not fulfilled his duties.

• The decision made by the commission.

This document is drawn up in cases where the head has suffered damage.

After the violation committed by the employee is documented, it is necessary to request explanations from him that relate to this situation. by the most the best option are written explanations of the employee. It is also recommended that the head of writing set out the requirements that relate to the explanations of the employee. The manager must ask the employee in writing to provide an explanation.

The employee must make a written note. The note must indicate the reasons for the violation. If the employee refuses to provide explanations within two days after fixing disciplinary violation, then the fact of refusal must also be recorded in writing. In this case act must be drawn up.

All documents drawn up on time, in case of a dispute, can help the manager.

If the worker nevertheless provided explanations in writing, the boss must carefully study them, consider and make a decision. If the explanatory note contains really good reasons, then the manager may not impose measures of influence on the employee. In the case of disrespectful reasons for which the misconduct was committed, the head will decide on the type of disciplinary action.

After the head decides to bring the citizen to liability of a disciplinary nature, he must create an order. What kind of impact will be applied depends on the severity of the offense and its consequences. In order to draw up an order and familiarize the employee with it, the employer is given three days, which are considered working days.

Let us consider in more detail what data the order should contain:

• data on the identity of the employee (last name, first name, patronymic);
• information about the position held;
• the essence of the violation;
• description of the violation, determination of the severity of the misconduct;
• fault of the employee;
• a measure of disciplinary action, which is assigned to the employee;
• the grounds for which the penalty is applied;
• date of creation of the order;
• signatures of the manager and employee.

If such a situation arises when the worker refuses to sign the order, the manager needs to record the refusal in writing. An act is drawn up on the refusal to sign the order. The measure of disciplinary action must be entered in the personal file of the employee. Every worker who has been brought to such responsibility may appeal against the decision. He should contact labor inspection or labor dispute committee.

It is important to note that recovery is possible only if one month has not passed since the moment the misconduct was discovered. If the employee was sick at that time, or was on vacation, this time is not taken into account. Only one disciplinary sanction may be imposed for each violation.

Validity periods

A disciplinary sanction does indeed have an expiration date. This period is twelve months after the issuance of the order. If during this period the employee commits another violation, then the period will be extended according to the last misconduct. If a measure in the form of dismissal was applied to the worker, then such a measure has no time limit. The dismissal cannot be canceled after the expiration of any period. Only the labor commission can cancel the dismissal, which can restore the employee to the workplace. In this case, the citizen will be re-admitted to the organization, and will not have penalties.

Also disciplinary action may be terminated before twelve months. But not earlier than six months after the issuance of the order.

The procedure for removing the penalty

Removing a penalty from an employee is absolutely legal. If, within twelve months of the breach, the employee did not commit other violations, then the manager is obliged to remove the penalty from him. The removal of the penalty ahead of time can be exclusively at the request of the boss, or at the request of the worker.

If, within one year of the misconduct, the worker is transferred to another position, the penalty must be lifted.

If the boss wants to remove the penalty, he must draw up an order that will confirm these actions.

The employee must be familiarized with the order under a personal signature. This order does not have a clearly established form, so it can be drawn up in any order.

In carrying out his work functions, every citizen must remember that if he does it inappropriately, liability may follow.. To prevent this unpleasant situation from happening, you must comply with the conditions prescribed in the labor document, the organization's work schedule and work discipline.

Do not rely on chance, think that no consequences will occur for violations. All employers are different, so do not abuse trust. If the leader forgave you the first time, it will be unlikely the second time. Compliance with all the rules is a guarantee that no one will fire you or issue a reprimand. And the work will bring not only pleasure, but also a well-deserved income.

If, nevertheless, the employee was exposed, it is possible that appeal the boss's decision if the citizen considers it unreasonable. To do this, he should contact the appropriate body that handles the appeal - the labor inspectorate.

The labor inspectorate will study all the materials that relate to the misconduct and make the right decision. If the employee really had reasons that are considered valid, he can be exempted from disciplinary liability, in accordance with Russian law.

In this video helpful information on the types of penalties and methods of registration in accordance with the norms of the Labor Code.

I.A. Kossov, PhD in Law, Assoc. RSUH

Grounds for lifting a disciplinary sanction

The procedure for lifting a disciplinary sanction in connection with the expiration of the validity period

Specifics of registration of early removal of a disciplinary sanction

The right of the employer to bring guilty employees to disciplinary responsibility is one of the most effective ways to ensure labor discipline in the organization.

Disciplinary liability is a type of legal liability that may arise for the commission of a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the tasks assigned to him. job duties.

As part of disciplinary liability, the employer has the right to apply one of the penalties established by law to the employee. In the first part of Article 192 Labor Code The Russian Federation (hereinafter - the Labor Code of the Russian Federation) defines three measures of disciplinary action: remark, reprimand, dismissal on appropriate grounds.

If the latter measure involves an unconditional termination labor relations and parting with the guilty employee, then in the case of the first or second measure, they are preserved, and the employee remains in the labor collective.

Accordingly, if a penalty in the form of dismissal is applied to an employee, then, naturally, there can be no talk of lifting such a penalty. Of course, an employee can potentially be reinstated by a decision of an individual labor dispute resolution body (for example, a court). However, this cannot be regarded as a withdrawal of the penalty. The court, reinstating at work, confirms the illegality of bringing the employee to disciplinary liability and the application of penalties, and thereby disavows the relevant decision of the employer. The reinstated worker will be deemed not to have had this disciplinary action.

Penalties such as reprimands and reprimands are imposed for a period specified by law, and upon its expiration, and sometimes even earlier, are removed.

The grounds for the removal of a disciplinary sanction are:

expiration of the levy;

employer's initiative

employee's request

petition of the immediate supervisor of the employee;

the petition of the representative body of workers.

In the first case, the penalty is removed (or, as they sometimes say, "repaid") after its expiration. In accordance with part one of Article 194 of the Labor Code of the Russian Federation, if within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, he is considered not to have a disciplinary sanction. If during this year the employee again commits disciplinary offense and a new penalty will be applied to him, then the one-year period of the penalty will begin to be calculated from the date of the penalty for the new offense.

The law does not provide for the issuance of an administrative document (for example, an order) on the removal of a penalty upon expiration of the period of validity. It is removed automatically, and the employee will simply cease to be considered a violator of labor discipline with all the ensuing legal consequences (the most basic of which is the absence of repetition when committing a new disciplinary offense).

The remaining grounds for the removal of a disciplinary sanction are classified as early withdrawal- that is, until the expiration of the annual period of the levy established by law.

The current legislation does not establish any time period after which early removal of a disciplinary sanction is allowed. This issue in each case is decided by the employer individually, taking into account all the circumstances. Therefore, it is theoretically possible to remove the penalty even the next day after application.

The initiative for early removal of the penalty may belong to a number of persons listed in the law - the employer, the employee, his immediate supervisor or the representative body of employees.

If a the initiative comes from the employer, then, as a rule, you can be sure that the penalty will be removed from the employee. In accordance with part six of Article 20 of the Labor Code of the Russian Federation, the rights and obligations of the employer are exercised individual who is an employer (for example, an individual entrepreneur). AT legal entity these are the management bodies of the organization or persons authorized by them (the head of the organization or another person to whom the relevant powers have been delegated). Also, the penalty can be removed by a higher boss. official who applied disciplinary action.

The legislation does not define how the employer's initiative to remove the penalty should be formalized. It seems that this can be done by issuing an appropriate administrative document. The decision of the employer to remove the penalty from the employee ahead of schedule, as a rule, is preceded by the occurrence of certain factual circumstances: the achievement by the employee during the period of the penalty of significant success in work, the absence of new violations of labor discipline, etc. These circumstances must be recorded in the relevant documents (memorandums, etc.), which can become the basis for the employer to make a positive decision.

Having decided to lift the penalty, the employer instructs the relevant structural unit (for example, the personnel department) to prepare a draft order.

Employee Request on the early removal of a disciplinary sanction is expressed in writing statement addressed to the head of the organization or other official authorized to act on behalf of the employer. In the application, the employee cites the motives that, in his opinion, serve as the basis for the early removal of the penalty from him, and formulates the corresponding request. The application may be accompanied by documents confirming the factual circumstances stated in the application.

The employer is obliged to consider the received application and make a decision. In the process of consideration, he has the right to request from the heads of structural divisions the documents and information necessary for this (for example, the characteristics of the employee, etc.).

If the employer makes a positive decision, a draft of the relevant administrative document is prepared. In case of refusal to withdraw the penalty early, a written response should be given to the employee, in which the reasons for the refusal should be explained in detail.

Direct supervisor's request an employee on early removal from a subordinate disciplinary sanction can be issued in the form of an internal memorandum, addressed, as a rule, directly to the head of the organization or other official authorized to act on behalf of the employer. In a number of organizations, special types of memorandums are used for this - representation.

The first part of the document sets out the circumstances of the case (when and for what the employee was brought to disciplinary responsibility, what penalty was applied, etc.), as well as the arguments that prompted to apply for early removal of the disciplinary sanction. In the second part, a proposal is formulated for the early removal of the penalty.

The memorandum might look like this:

Legal Department General Manager

Memorandum of V.I. Kalinin

19.08.2016

Moscow

On the early removal of a disciplinary

recovery from V.P. Semyonov

Dear Viktor Ivanovich!

by order Director General dated 02.02.2016 No. 077/16-ls, Deputy Head of the Legal Department Viktor Petrovich Semyonov was brought to disciplinary responsibility for being late for work and a disciplinary sanction was applied to him in the form of a reprimand.

In August 2016 V.P. Semenov represented our Company in the court session on the claim of A.A. Kotelnikov about reinstatement at work. Largely thanks to the efforts and professionalism of V.P. Semyonov's claim was dismissed by the court, and the dismissed employee was not reinstated at work in our Company. For the successful case of V.P. Semyonov was awarded by the order of the General Director.

I also bring to your attention that for the period V.P. Semyonov no longer allowed any violations of labor discipline.

I believe that all these circumstances allow us to no longer consider V.P. Semenov as a violator of labor discipline.

In connection with the foregoing, I ask you to consider the possibility of early removal of a disciplinary sanction from V.P. Semyonov.

Head of Department (signature) A.I. Yashkin

If the addressee of the memorandum agrees to the early removal of the penalty and the document has a corresponding resolution, the responsible structural unit a draft regulation is being prepared.

Petition of the employees' representative body(which is most often the primary trade union organization represented by its elected body) is drawn up with a motivated letter, addressed to the head of the organization. It contains the motives that served as the reason for going to the employer with such a petition, and formulates a request for early removal of a disciplinary sanction from the employee. Such a letter may be issued on a letterhead if the representative body has its own letterhead (for example, in the case of a petition by an elected body of the primary trade union organization). It is advisable to attach to the letter an extract from the minutes of the meeting of the representative body at which this issue was considered, as well as all available documents that could influence the employer's positive decision.

Early withdrawal of a disciplinary sanction must always be documented by order. The form of such an order is developed by the employer. The order should include:

surname, name, patronymic of the employee;

structural unit and position (profession) of the employee;

the type of penalty applied and an indication of the administrative document by which it was applied;

grounds for disciplinary action.

The order is signed by the head of the organization or another person to whom the relevant authority has been delegated. The content of the document is brought to the attention of the employee against signature within a reasonable time after its publication.

Such an order might look like this:

Name of the organization

ORDER

08/22/2016 No. 398/16-ls

Moscow

On the removal of disciplinary action

In connection with the petition of the Head of the Legal Department for early removal from the Deputy Head of the Legal Department, V.P. Semyonov of a disciplinary sanction in the form of a reprimand applied by order of the General Director dated 02.02.2016 No. 077/16-ls for being late for work,

I order

Remove from the Deputy Head of the Legal Department Semyonov Viktor Petrovich the disciplinary sanction in the form of a reprimand, applied by order of the General Director dated 02.02.2016 No. 077/16-ls.

Reason: memorandum of the Head of the Legal Department dated 19.08.2016.

CEO signature IN AND. Kalinin

Acquainted with the order signature V.P. Semenov

the date

In the practice of some organizations, a unified form of order is used. For example, this might apply:

The stamp of approval of this form by the employer

for the removal of a disciplinary sanction

Remove the disciplinary sanction in the form of ________________________________________________ from

(type of collection)

			Personnel Number
(last name, first name, patronymic of the employee)
(structural subdivision)
(position (specialty, profession), category, class (category) of qualification)
applied by order dated ____ ____________ 20___ No. _______.

Base:

	from							No.
(document's name)

Acquainted with the order:

	(signature)		(full name)		(the date)

The procedure for early removal of a disciplinary sanction on various grounds and the requirements for the execution of relevant documents for the employer should be prescribed in the local regulatory act.

There is nothing pleasant in the fact that the boss shows his subordinates his claims and dissatisfaction with the results of the work. Worse than this can only be a situation where the anger of the leadership finds its outlet on paper in the form of a disciplinary order. In addition to moral discomfort, this type of punishment will prevail over the employee for the entire period, as long as the reprimand is in effect, and may entail more serious consequences.

Normative base

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

The main document of labor legislation is rightfully considered the Labor Code. In it, article 192 defines an exhaustive list of disciplinary sanctions for most professions and employees. According to the code, there are only three of them:

• comment;
• dismissal.

And if it were not for the reservation about the possibility of establishing additional measures of influence on representatives of certain professions and areas, then no one could ever even mention the concept of a severe reprimand.

Separate categories

Despite the fact that every second boss threatens to issue a severe reprimand to the employee, such a statement is valid only for those who can classify themselves as military personnel or employees of the Ministry of Internal Affairs. Only laws 342-FZ on service in the Ministry of Internal Affairs and 76-FZ on the status of the military contain a mention of two types of reprimands.

For all categories of workers, after the announcement of a reprimand, the next problem will be the question of how long the reprimand lasts. The general term is stipulated in Art. 194 TC and is equal to the calendar year. But it also contains a mention of the right of the employer or commander to shorten the period after which the reprimand is removed and cancel it ahead of schedule. Interestingly, for the military, the criterion for canceling a reprimand is an assessment of the educational impact on the offender. This is especially true in relation to privates and sailors, Presidential Decree of 2007 No. 1495.

Time of action

The maximum period during which a person is considered subjected to a disciplinary sanction cannot exceed one year from the moment the last punishment was imposed, Art. 194 TK.

Since the Labor Code takes precedence over all other laws relating to labor relations, the duration of any type of penalty, other than dismissal, cannot last more than one year. Separate laws can establish only shorter periods, but cannot worsen the norms of the Labor Code in relation to all categories of workers.

That is why for cases especially gross violations official duties or discipline, when the employer is not satisfied with how long the reprimand lasts, the management should think about the possibility of parting with the employee at the request of the administration.

Employee category	Type of punishment	Declaration method	How long does it take to withdraw a reprimand early?	How long is the reprimand
Workers to whom special laws do not apply	Remark or reprimand	In the order (data is entered in a personal card)	At any time after its imposition, if management decides that there are clear improvements in performance	One year, if there is no management decision to cancel it early
		Orally (do not enter into a personal card)
Employees of the Ministry of Internal Affairs	Reprimand or remark	Orally, they are not entered into a personal file	At any time, if the management decides that the employee deserves an incentive in the form of a cancellation of the penalty	One month
		In an order, with entry in a personal file		One year
	Severe reprimand	In an order, with entry in a personal file		One year
Military	Reprimand or severe reprimand	In an order or personally at a meeting or in front of the ranks	Depending on the rank and severity of the misconduct, the penalty can be reviewed within a period of three months to a year, if the commander decided that it had fulfilled its educational function, Decree 1495	One year from the announcement of the imposition decision.

Features of reprimands

Each disciplinary sanction is a cause for concern for a specialist in any field of employment. For the military and Interior Ministry employees, the law provides for a greater variety of types of punishments, the most severe of which are demotion and early dismissal. But for the application of the most stringent measures, phased and rather lengthy coordination will be required.

Civilian employees, under the most unfortunate circumstances, can only expect to be reprimanded, reprimanded, or fired, but the mechanism for applying the most severe punishment is much simpler. Although both of them have a guaranteed right to defend their interests and challenge the decision of the leadership in court.

Commercial and municipal organizations

The reprimand issued by the management for employees of the national economy cannot be strict. Simply because such a penalty is not provided for in the Labor Code of the Russian Federation, and, in the absence of a separate law, no one has the right to apply punishments invented by the authorities. Another thing is that during the entire period, as long as the disciplinary sanction in the form of a reprimand is in effect, and this will be about a year, the employee must maintain maximum concentration.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

Any of us can make a mistake in the course of our work. And often for these mistakes you have to pay with the imposition of a disciplinary sanction. In accordance with Part 1 of Article 194 of the Labor Code of the Russian Federation, if an employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction. But to wait a whole year, it is long enough, it is obvious that there may be an early removal of a disciplinary sanction.

From this article you will learn:

1. Legal basis for early removal of a disciplinary sanction.
2. The procedure for the removal of a disciplinary sanction ahead of schedule.

Early removal of a disciplinary sanction - legal basis

The possibility of early removal of a disciplinary sanction is established by part 2 of article 194 of the Labor Code of the Russian Federation. The employer has the right to remove a disciplinary sanction from the employee:

• on their own initiative;
• at the request of the employee;
• at the request of the immediate supervisor of the employee;
• at the request of the employees' representative body.

The procedure for early removal of a disciplinary sanction

From part 2 of article 194 of the Labor Code of the Russian Federation, it follows that the early removal of a disciplinary sanction is preceded by either the employer's own initiative, or the employee's initiative, or the initiative of third parties authorized to do so. With the initiative of the employer himself, everything is quite simple: he made a decision and removed the disciplinary sanction with his administrative act. The initiative of other persons must be formalized in the form of a petition, the form of which is not established by labor legislation. We believe that this can be any written document (memorandum or memorandum, petition, etc.) containing a request for the removal of a disciplinary sanction and substantiating this request.

An application for early removal of a disciplinary sanction is filed in the name of the employer and must contain the following data:

• information about the employee;
• data on his bringing to disciplinary responsibility;
• a request for early removal of a disciplinary sanction;
• arguments indicating that the employee deserves early removal of the penalty.

For example:

memo

By order of the head of the education department dated August 31, 2017 No. 31, specialist Ivanov Ivan Sergeevich was brought to disciplinary responsibility for violating the deadlines for submitting reporting documentation. For improper performance of official duties Ivanov AND.C. reprimand was issued.

At the end of the third quarter of 2017, specialist Ivanov I.S. all reporting documentation was provided to the interested authorities ahead of schedule and without comments. For the period of application of the disciplinary sanction Ivanov AND.C. the internal labor regulations were not violated, complaints from colleagues and other persons regarding Ivanov AND.S. not received.

I believe that specialist Ivanov I.S. completely revised his attitude to the performance of labor duties and is no longer a violator of labor discipline. Based on the foregoing, I ask you to consider the possibility of early removal of a disciplinary sanction from Ivanov AND.S.

Head of Department

In the event that the employer considers it possible to early remove the disciplinary sanction from the employee, he will issue an order to this effect. There is no unified form of the order to remove the disciplinary, so it can be written arbitrarily on the letterhead of the organization. The order must specify:

• what disciplinary sanction is removed;
• grounds for lifting the disciplinary sanction.

For example:

On the removal of disciplinary action

In connection with the conscientious performance of his duties by specialist Ivanov Ivan Sergeevich, early transfer of reporting information for the third quarter of 2017,

I ORDER:

From October 20, 2017, remove the disciplinary sanction in the form of a reprimand applied by Order No. 31 of August 31, 2017.

Reason: memo of the head of the department.

Summarizing
Everyone knows the catchphrase that the one who does nothing is not mistaken. But if the employee is able to admit and correct his mistakes, then it is advisable for the employer to practice the early removal of a disciplinary sanction. This will be an additional way to stimulate employees, because the removal of a previously imposed penalty is nothing more than an encouragement.

Article 81 of the Labor Code provides for dismissal for the repeated imposition of a disciplinary sanction.

According to the rules of office work, penalties are entered on the T-2 card and can negatively affect a career. However, if the employee has corrected himself, the penalty can be removed ahead of schedule. The procedure for lifting a disciplinary sanction is not regulated by legal acts, but there is a certain practice of applying this procedure.

What is a disciplinary action

The order of observance of discipline by all full-time employees of the enterprise and the measures of responsibility for its violation are regulated by Section VIII of the Labor Code. Article 192 of the code states that a violator of order can be punished in only three ways:

• issue a reprimand;
• make a comment;
• dismissed for negative reasons.

These punishments are disciplinary actions. In this case, no other types of penalties are provided. There is, of course, special responsibility, but it does not apply to all employees, but to certain categories of employees. For example, a military man who has been subjected to disciplinary punishment will never be awarded according to the charter; only one type of encouragement shines for him - the removal of the penalty.

Regarding employees commercial organizations who are subject to the Labor Code may also suffer from penalties. Not only can an employee be fired for relapse and re-punishment under paragraph 5 of Article 81, but the director also has the right to deprive an employee of a bonus who has an unrecovered penalty.

In some firms, the management, when developing provisions on bonuses, formulates one of the conditions: the bonus is charged only if there is no outstanding penalty. But such a formulation can also be contained directly in employment contract. Meanwhile, the penalty is valid for a year, which means only one thing: the violator of discipline runs the risk of being left without a bonus for a whole year.

Reminder

Although in work books and penalties are not reflected, they fit into the T-2 form, and therefore the personnel officer keeps control over the attitude to the discipline of each full-time employee.

Removal of a disciplinary sanction

The director can remove the penalty, or the labor inspector or the commission on labor disputes will force him to do so.

So, according to the norm of Article 193 of the Labor Code, a punished employee may not agree with the penalty imposed on him and appeal against the actions of the management to the GIT or to the dispute commission, if such operates in the organization.

Note

The following decisions may be made on the complaint:

• satisfy the complaint if violations of the Labor Code are observed (an order is issued to annul the discipline order);
• refuse satisfaction if the management acted within the legal framework.

Accordingly, upon satisfaction of the complaint, an order should be issued: to cancel the order on discipline in relation to the employee for a specific violation.

The procedure for removing a disciplinary sanction from an employee

Article 194 of the Labor Code clarifies that after a year has passed since the issuance of an order on discipline, the punishment is removed automatically. However in some cases, you can withdraw the penalty ahead of schedule.

The Labor Code does not consider cases in which penalties are removed ahead of schedule, however, in its 191st article there is a basis for encouragement: for conscientious work in a company. This ground can be applied by analogy to the procedure in question.

So management's decision may be influenced by facts showing the conscientiousness of the punished employee, For example:

• no complaints about work for a certain period;
• introduction of rationalization proposals;
• plan overfulfilment;
• prevention of accidents, accidents;
• active participation in public works, etc.

Having seen in the actions of the employee the grounds for repaying the imposed penalty, you can apply the procedure described in Article 194 of the Labor Code:

• the head, having drawn conclusions from personal observations, can initiate the removal of the penalty himself (an order is simply issued);
• the employee can ask the director about this himself (at a personal appointment, setting out the arguments);
• the immediate superior of the punished person may apply to the director (either the chairman of the trade union committee or a representative of the collective).

How to remove a disciplinary sanction. Registration

Only two documents usually appear in the recovery procedure:

• petition;
• order.

If the initiator of the procedure is a director, then the registration will consist of one stage: you just need to issue an order. But if the collective decides to intervene in the fate of a colleague, the director must first be conveyed a request for leniency towards the punished person by sending a petition addressed to him.

Petition for removal of a disciplinary sanction

No legal acts or instructions regulate the procedure for registration
petitions, so it is written in free form. Naturally, the document must be understandable, and therefore it must be clearly structured. The structure consists of the elements:

• a cap;
• preamble;
• pleading part.

In the header, you need to specify, as usual:

• Name and position of director;
• Name and position of the applicant.

The text of the petition can be written as follows:

Welder MPTs Razin A.A. for being late for work, a reprimand was announced and an order No. 13-d dated 09/10/2016 was drawn up against him. Currently, Razin behaves in a disciplined and responsible manner. . Thanks to his vigilance, the accident of the heating system was prevented: he saw and eliminated the consequences of improper pressure testing of the system. As a result, the company did not suffer losses. Based on the foregoing, I ask you to early withdraw the penalty against Razin A.A.

The petition is dated and signed by the applicant. It can be signed and submitted by:

• foreman, head of the section, workshop, department, foreman;
• chairman of the trade union committee;
• team representative.

If the director makes a positive decision on the application, an order is issued.

Order to remove the disciplinary sanction

There is no required form, so you need to draw it up according to the accepted in the company business rules. The order must contain:

• The name of the company;
• date and registration number;
• information about the employee (name, position, department);
• grounds (petition or decision of the director);
• director's visa;
• introduction string.

The text of the order can be made according to the example:

Due to the fact that the welder of the MPC Razin A.A. 20.09.2016 the accident of the heating system was prevented and, in accordance with Article 194 of the Labor Code, I order: disciplinary sanction imposed by order No. 13-d dated 10.09.2016. Reason: the petition of the head of the MPC Grishin A.V.

All persons listed in the order must familiarize themselves with the order. The procedure for lifting a disciplinary sanction will be completed when the signed and endorsed order with a petition attached to it is enclosed in a folder according to the nomenclature. After that, the personnel officer will write down the details of the order on the T-2 card and the penalty will be considered withdrawn.