Order on the imposition of a disciplinary sanction in the form of a reprimand, sample. A sample order for the imposition of a disciplinary sanction is classified as a serious violation of labor discipline
On the application of disciplinary action in the form of a reprimand
In connection with the violation of the storekeeper Kirillov K.K. paragraphs 3.1 and 3.3 of job description No. 4, approved by order CEO Time LLC dated August 11, 2017, No. 32, expressed in non-fulfillment of the instructions of the immediate supervisor on the acceptance, sorting and placement of products in the warehouse 5
I ORDER:
1. Apply to Kirillov Kirill Kirilovich a disciplinary sanction in the form of .
2. To the head of the personnel department, Sidorov S.S. to acquaint Kirillov K.K. signed with this order.
Reasons:
- memorandum of the head of the shop finished products Ivanova I.I. from 07.07.2018;
- an act of non-performance without good reason job duties dated July 7, 2018 No. 2;
- request for clarification dated July 7, 2018 No. 1;
- act on the absence of written explanations dated July 10, 2018 No. 3.
General Director Petrov P.P.
Familiarized with the order:
storekeeper Kirillov K.K.
head of personnel department Sidorov S.S.
Order for disciplinary action
For committing a disciplinary offense, namely: admission on October 12, 2018 of workers to the construction site in the absence of protective devices and without the use of personal protective equipment by employees
I ORDER:
1. Reprimand Pavel Potapovich, head of the section, Potapov.
Reason: order of labor protection specialist Ivanov I.I. dated October 12, 2018, explanatory note of the head of the section Pavlov P.P. dated October 12, 2018, paragraph 5.3 of the job description of the head of the section, paragraph 26 of the Instruction on labor protection OT-116/02.
General Director Sidorov S.S.
Order on the application of disciplinary action
In connection with the established fact of making an incorrect entry on the transfer to another job in work book Leading Engineer Petrov P.P.
I ORDER:
1. To announce to the inspector of the personnel department Ivanova M.I. rebuke.
2. Head of the personnel department Mikhailova M.M. to ensure that the leading engineer P.P. Petrov is included in the work book. correct entry, recognizing the previously made entry on the transfer to another job as invalid in the manner prescribed by regulatory legal acts.
3. Secretary-clerk Kuznetsova K.K. to acquaint with this order the inspector of the personnel department Ivanova M.I., the head of the personnel department Mikhailova M.M., the leading engineer Petrov P.P. under a personal signature no later than one business day from the date of issuance of this order.
4. I reserve control over the execution of this order.
Reason: memorandum of the leading engineer Petrov P.P. dated 11/07/2018, presentation by the head of the personnel department Mikhailova M.M. dated 11/07/2018 on the imposition of a disciplinary sanction, a written explanation of the inspector of the personnel department Ivanova I.I. dated 07.11.2018.
General Director Vasiliev V.V.
The following are familiar with this Order:
Personnel Department Inspector I.I. Ivanova
Head of Human Resources Mikhailova M.M.
Leading engineer Petrov P.P.
Order for disciplinary action
For the reason that. that on the night of March 12-13, 2018, the watchman S.S. Sidorov was absent from duty without good reason for an hour, from 23:00 to 24:00. and on the basis of Article 192 of the Labor Code of the Russian Federation
I ORDER:
1. For violation of labor discipline, declare a remark by S.S. Sidorov.
2. Responsible for personnel records A.A. Andreeva to acquaint with this order S.S. Sidorov under the signature.
Reasons: memo from the head of the security service dated March 14, 2018, explanatory note by S.S. Sidorov dated 03/14/2018.
Director Petrov P.P.
S.S. was acquainted with the order. Sidorov
Order on the removal of a disciplinary sanction and measures of material influence
On the basis of the petition of the chief engineer of LLC "Planet" Nikolaev N.N. dated 07/07/2018, taking into account the conscientious fulfillment of their official duties Sergeev S.S. and guided by Art. 194 of the Labor Code of the Russian Federation
I ORDER:
1. Remove the disciplinary sanction in the form of a reprimand, previously imposed by Order No. 352k on 02/03/2018, from Sergey Sergeyev, head of the repair site.
2. Remove the measure of material impact in the form of non-payment of remuneration based on the results of work for 2018. with Sergeeva S.S. previously imposed by Order No. 352k on February 3, 2018, personnel sheet No. 689.
3. The clerk of the personnel department of Planet LLC, within one working day, prepare a copy of the order and send it to the personnel department, accounting department.
4. To the Chief Engineer of OOO Planeta to acquaint Sergeyev S.S. with this order, within three working days against receipt, send a copy of the order with a receipt for familiarization to the personnel department.
Deputy HR Director K.K. Alekseev
Order for the early removal of a disciplinary sanction
Based on the petition of the head of the marketing department Sidorenko V.V. from 12/17/2018
I ORDER:
1. Order No. 96-k of October 24, 2018 on the announcement to marketer Konstantinov K.K. remarks for absence from the workplace for 5 hours in a row cancel.
2. Consider Konstantinov K.K. without disciplinary action.
3. With this order of Konstantinov K.K. acquaint under receipt.
Reason: the petition of the head of the marketing department Sidorenko V.V. from 12/17/2018
General Director Nikolaev N.N.
Acquainted with the order:
marketer Konstantinov K.K.
Order on administrative punishment
No. 55-k dated March 25, 2019
On the administrative punishment of an employee
Antonov Ivan Antonovich, operator of machine tools with program control of the mechanical section, was absent from the workplace from March 11 to March 22, 2019 without providing supporting documents.
I ORDER:
- For absence from work work time without good reason Antonov Ivan Antonovich consider the days from March 11 to March 22, 2019 absenteeism.
- Deprive Antonov I.A. based on the results of March of this year. variable part of the salary by 100%.
- Antonov I.A. for violation of the internal labor regulations, expressed in the absence from the workplace during working hours without good reason to announce a reprimand.
- The annual leave planned from 07/08/2019 to 08/04/2019 should be postponed to the period from 04/11/2019. to 02.12.2019
Base:
- Memo of HR specialist Kovaleva M.S. from 25.03.2019
- Act on the absence of an employee at the workplace dated March 22, 2019 No. 39;
— Explanatory note of Antonov I.A. dated March 25, 2019
Director N.N. Nikolaev
Acquainted by: Antonov I.A.
Employee Discipline Order
No. 28-k dated 10.01.2019
On the disciplinary punishment of an employee
Petrov Petr Petrovich, assembler of electrical machines and devices of the assembly site, on December 28, 2018, at the end of the work shift, was on the territory of the enterprise in a state of intoxication.
I ORDER:
- Petr Petrovich Petrov for violation of the internal labor regulations, expressed in being intoxicated on the territory of the enterprise during working hours, to announce a reprimand.
- Deprive Petrov P.P. the variable part of wages based on the results of work in December 2018 by 100%.
It is the duty of every employee to fulfill his labor duties conscientiously. At the same time, unfortunately, no one is immune from mistakes. In case of non-fulfillment by an employee of his work, or its improper performance, this is considered a disciplinary offense. This type of violation requires the employer to enforce penalties. This requires a competent drafting of an order that gives the right to such an impact (and there is also an order that removes it). As a result of its incorrect execution, the employer is deprived of this right, so it is important to understand this issue in more detail.
If you need to issue an order for disciplinary action according to the results of the inspection of the prosecutor's office, then on this issue you can refer to the material of the article at the link.
What types of disciplinary sanctions are provided for by the Labor Code of the Russian Federation
Along with incentives, the Labor Code of the Russian Federation provides for only 3 types of disciplinary sanctions for improper work of employees. They are the following:
- comment;
- rebuke;
- dismissal.
The issue of disciplinary sanctions imposed on employees is discussed in more detail in the article at the link.
Reprimand is the simplest punishment. It consists in a verbal warning by the head, or it can be issued in the form of an order, however, no fixation occurs in the work book. A reprimand is formally issued, which is provided for more serious violations. Dismissal is provided if gross violations labor regulations and legislation. This punishment is already prescribed in the work book and has certain negative consequences.
About how an order is drawn up in order to “launch” a reprimand for improper performance of official duties, an example of its execution and features of notifying an employee - all this can be found.
The most severe form of disciplinary action
The most severe form of disciplinary action is dismissal. As a rule, it is provided for gross repeated violations. This is not only a reason to seek new job, but also an entry in the work book, as a result of which it will be more difficult to get a job in the future. Even if the dismissal was undeserved and you are innocent of what you did, it is extremely difficult to prove this to a new employer.
The grounds for applying this penalty are as follows:
- systematic absenteeism;
- alcohol or drug intoxication;
- disclosure of secrets;
- actions that caused an accident or an accident;
- theft.
At the same time, each point may have its own nuances. For example, you cannot be fired for one absenteeism. There should be several of them, and a more loyal look should be applied earlier.
What types of disciplinary sanctions cannot be applied to an employee
There are a number of punishments that are often applied by employers, but they cannot be called legal. These include:
- fines;
- deprivation of the award;
- bringing to liability;
- temporary reduction of the social package.
The deduction of a part is called a penalty. Money from wages employee. The imposition of a fine is not provided for by law and therefore this action is illegal. For this, the employer bears administrative and sometimes criminal liability.
The deprivation of a bonus may have legal grounds if this measure of punishment is spelled out in the internal documents of the organization. Relatively liability, then it can be attracted only in case of damage to property and the need for its compensation. It is possible to deprive an employee of the social package if the obligation to provide it is not spelled out in normative documents companies.
By the way, it is written about situations in which an order for suspension from work due to alcohol intoxication is required.
Order for disciplinary action
If the employer intends to impose a disciplinary sanction, he is obliged to draw up an order to this effect, and then require an explanatory note from the employee. It is issued on the condition that the guilt of the employee is fully proven. Familiarization of the employee is carried out without fail within 3 days, when the employee is present at the workplace. It is provided for the writing of an act in the event of an employee's refusal to familiarize himself. The presence of several orders with penalties imposed can serve as a reason for dismissal. This right is regulated by paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation.
Sample of a disciplinary sanction in the form of a comment
Like many other documents, filling out an order for remark is arbitrary. The key is to provide the following information:
- name of company;
- number, date and name;
- reasons for the application, type of violation;
- grounds for issuing a comment;
- responsible person for execution;
- signature of the head and offender, seal.
Although reprimand is the lightest type of punishment, however, with its regular nature, more serious consequences generally occur.
Order on disciplinary action in the form of a reprimand - sample
A sample order for a reprimand is written according to a standard template. The main difference is only the corresponding type of punishment. Although the samples are not fixed by law, at enterprises I usually provide a developed form for writing them.
This type of punishment is considered more substantial. Upon receipt of the second, it is already possible to dismiss the employee from the organization. It should also be noted that this violation is also not indicated in the work book. Moreover, if it is regular, then such a mark is quite possible.
Sample order for the imposition of a disciplinary sanction in the form of dismissal
As in the case of other types of violation, the dismissal order is preceded by the writing of an explanatory note. Only after a decision has been made on the gross misconduct of the employee, the employer has the right to draw up such an order. Its content is the same as for any other disciplinary sanction. However, more weighty arguments and documentation are needed here, since this is the highest measure of punishment in the enterprise. Samples of all orders can be downloaded on our website.
Thus, disciplinary sanctions differ in their severity and for a certain misconduct, only one of them can be applied by issuing an order.
from 31/12/2018
Based on the results of an internal audit, the employer may issue an order for disciplinary action. Unlike the process of proving a disciplinary offense itself, making an order is quite simple. And it is the verification documents that give it legitimacy and validity. During which the employer will establish the very fact of the misconduct and the guilt of the employee.
The law does not contain a strict form of an order for a disciplinary sanction. Therefore, we propose to use the example document developed by us.
Example of a disciplinary order
Limited Liability Company "Iris" TIN 444879585252 Order for disciplinary action№ 48 dated 11/28/2021 In connection with the commission of a disciplinary offense by the office manager Maria Viktorovna Stepanyuk, expressed in violation of Art. 21 of the Labor Code of the Russian Federation, clause 4.6 of the Internal Labor Regulations of Iris LLC, clauses 5.16 and 8.3 of the employment contract dated 03/01/2020 No. 6l, namely:
I ORDER:
Contents and issuance of a disciplinary orderThe document is compiled with the date of publication and its number. The following information is required:
Within 3 working days (except for the time when the employee is absent), the order for disciplinary action is brought to the attention of the employee. |
Labor legislation gives the right to the employer, if necessary, to implement penalties against employees. In order to strengthen discipline, the fact of the application of a punitive measure must be properly documented. In addition, this will allow you to part with the employee legally in case of repeated violations. Let's discuss how to write a disciplinary order, a sample of which is presented in this article.
Types of penalties
In practice, the employer often shows amazing ingenuity in imposing sanctions on a delinquent employee. However, at the legislative level, only three types of punishment are provided: remark, reprimand and dismissal on appropriate grounds ( Art. 192 Labor Code of the Russian Federation). This means that the use of such methods as deprivation of bonuses, fines, etc., is illegal. The freedom of the employer in this case is limited to an independent assessment of the severity of the violation and the choice of a response from the three options proposed by law. Obviously, the most serious measure is dismissal on appropriate grounds. If we talk about a remark and a reprimand, then the law does not explain their differences, nor does it give clear definitions of these concepts. It is generally accepted that a reprimand is more strict than a remark.
What can be punished
Disciplinary punishment is applied as a response to an employee’s disciplinary offense, which Art. 192 of the Labor Code of the Russian Federation defines it as "non-performance or improper performance by an employee through his fault of the labor duties assigned to him." In other words, any violation of the obligations of the employee, recorded in employment contract, job description or local regulations adopted by the organization. The most common offenses are:
- violation of the work schedule (lateness, absenteeism, early departure from work);
- appearing at work in an altered state of consciousness (under the influence of alcohol, drugs and other substances);
- non-compliance with direct instructions from management;
- neglect of labor protection rules;
- non-compliance of the results of the work with the fixed quality criteria.
In fact, each company has its own list of typical violations, determined by its specifics.
The procedure for declaring a penalty
For a punitive measure to be effective, it must be documented in accordance with Art. 193 Labor Code of the Russian Federation. By law, an employer's order to impose a disciplinary sanction is issued when two conditions are met. Firstly, the fact of committing an offense must be recorded in the form of an act and / or a memorandum. Secondly, a written explanation of what happened should be obtained from the employee. If the explanatory note, in the opinion of the management, does not contain good reasons, the personnel department proceeds to draw up an order. The sample order for the imposition of a disciplinary sanction is not determined by law. A well-formed document contains:
- a brief description of the offense;
- link to Art. 192, 193 of the Labor Code of the Russian Federation;
- indication of the punishment;
- an indication of three working days as the period for familiarization with the order on disciplinary action.
As an example, we offer a sample order for disciplinary action for absenteeism.
A disciplinary sanction is the responsibility for committing a disciplinary act.
A disciplinary offense is a guilty, unlawful failure to perform or improper performance by an employee of the labor duties assigned to him (violation of the internal labor regulations, job descriptions, regulations, orders of the head, technical rules, etc.).
Failure to perform or improper performance of duties for reasons beyond the control of the employee cannot be considered guilty. (for example, in the absence of the necessary materials, disability).
Article 192 Labor Code RF gives an exhaustive list of disciplinary sanctions:
- comment;
- rebuke;
- dismissal for appropriate reasons.
In accordance with Article 193 of the Labor Code of the Russian Federation, before applying a disciplinary sanction, the employer must request a written explanation from the employee. A memorandum from the manager is usually attached to the explanatory note of the employee. structural unit. These documents, together with the act, serve as the basis for making a decision on disciplinary action.
If, after two working days, an explanation is not provided by the employee, then an appropriate act is also 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 gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.
For each disciplinary offense, only one disciplinary sanction may be applied.
In addition, when imposing a disciplinary sanction, it must be taken into account that the terms of its application are legally limited.
A disciplinary sanction is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill or on vacation.
A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.
The imposition of a disciplinary sanction is formalized by the order (instruction) of the employer.
This order must contain the following details:
- the fact (type) of violation of labor discipline,
- the time of its occurrence or discovery,
- documents that served as the basis for issuing the order,
- type of claim.
The draft order is endorsed by the immediate supervisor of the employee who has committed a disciplinary offense, the head of the structural unit, the head of the personnel department.
Usually, the order to impose a disciplinary sanction is issued in one copy.
In practice, it is advisable to make several copies of the signed order after the employee has read it: the first copy - the original - is filed in the outfit (orders for personnel), the second copy - in a personal file, the third - for the employee.
The employer's order to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order against signature, then an appropriate act is drawn up.
In accordance with Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books” (as amended by Decree of the Government of the Russian Federation of 06.02. dismissal.
A disciplinary sanction may be appealed by an employee to state inspection labor and (or) bodies for the consideration of individual labor disputes.
Separate consideration deserves the issue of lifting a disciplinary sanction.
In accordance with Article 194 of the Labor Code of the Russian Federation, if within a year from the date of application of a disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction. Those. after a year, the penalty is removed automatically without issuing any special order.
In this case, if a new penalty is imposed on an employee who already has a penalty before the first one is lifted, both penalties are taken into account.
The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees. The application is made in writing addressed to the head of the organization.
Theoretically, the penalty can be removed at any time during the year from for its imposition, but in practice it is advisable to remove the penalty no earlier than six months.
ABOUT early withdrawal disciplinary sanction, an order is issued signed by the head of the organization.
The order for the early removal of a disciplinary sanction must contain the following details:
- the reason for the removal of the disciplinary sanction,
- number and date of the order to impose a penalty
- grounds for withdrawal
An employee from whom a disciplinary sanction is removed ahead of schedule is considered not to have been sanctioned.
Usually, an order to remove a disciplinary sanction is issued in one copy. In practice, it is also advisable to make several copies of the signed order after the employee has read it: the first copy - the original - is filed in the outfit (orders for personnel), the second copy - in a personal file, the third - for the employee.
The employer's order to remove the disciplinary sanction is announced to the employee against signature.