Order for disciplinary action. How to draw up a disciplinary order How to draw up its sample

On the application of disciplinary action in the form of a reprimand

In connection with the violation of the storekeeper Kirillov K.K. points 3.1 and 3.3 job description No. 4, approved by order of the General Director of Time LLC dated August 11, 2017 No. 32, expressed in non-fulfillment of the instructions of the immediate supervisor on the receipt, 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;
- act on non-fulfillment of labor duties without good reason dated 07/07/2018 No. 2;
- request for clarification dated July 7, 2018 No. 1;
- act on the absence of written explanations dated July 10, 2018 No. 3.

CEO 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 about the transfer to another job in the work book of the lead 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:

1. For absence from work work time without good reason Antonov Ivan Antonovich consider the days from March 11 to March 22, 2019 absenteeism.
2. Deprive Antonov I.A. based on the results of March of this year. variable part of the salary by 100%.
3. Antonov I.A. for violation of the internal labor regulations, expressed in absence from the workplace during working hours without good reason to announce a reprimand.
4. 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:

1. 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.
2. Deprive Petrov P.P. the variable part of wages based on the results of work in December 2018 by 100%.

Labor Code The Russian Federation is a fundamental legal act that regulates relations between the employer and employees who, on the basis of a concluded labor agreement, are obliged to perform a certain amount of work for a fixed fee.

The employment contract should spell out the basic rights and obligations of both parties, as well as the consequences in case of their violation.

Any person who understands that when applying for a job, in addition to performing official duties, he will also have to comply with the operating mode of the enterprise, the norms established by the charter of the organization, collective agreement and other local acts, with which he must be acquainted with a personal signature.

The employer is obliged to provide the employee with a front of work, to create safe conditions taking into account the requirements of labor protection, to fulfill all social guarantees provided for by the labor code:

• provision of weekly, mandatory annual rest;
• timely payment wages;
• take into account preferential allowances, and other privileges of a certain category of employees (for example, additional leave);
• other obligations

at the same time, they have the right to demand a conscientious attitude to work and decent behavior.

For violation of labor discipline or evasion of an employee official duties, behavior incompatible with moral standards, the manager has the right to impose a disciplinary sanction.

Article 192 of the Labor Code of the Russian Federation allows:

• make a comment;
• issue a reprimand;
• in special cases, even for a single gross violation of discipline, labor protection requirements and other cases specified in Art. 81 of the Labor Code of the Russian Federation, dismiss with an appropriate entry in the work book of the employee.

In order to impose a disciplinary sanction, regardless of the measure of punishment - the most harmless, it would seem, at first glance, as a "remark", the more severe - "reprimand" and the last stage - termination of employment relations with the employee at the initiative of the management, it is necessary, first of all , confirmation of the fact of the employee's guilt in a disciplinary offense.

The procedure in which any disciplinary sanction can be imposed, regardless of its type, is defined in Art. 193 of the Labor Code of the Russian Federation.

1. After making sure that the employee really violated labor discipline, the immediate head of the unit (or work colleague) must convey this information to the employer (authorized person) in writing in the form of a memorandum or orally.

2. The employer, depending on the committed guilty act, decides to hold the employee liable.

In the event that he considers it necessary to impose a penalty, it is important to request a written explanation of the misconduct committed from the offending employee.

3. If, after two days, an explanatory note (if possible with supporting documents, for example, about a good reason for absenteeism) the employee did not provide, this does not deprive the employer of the right to hold accountable.

An act is drawn up that the employee refuses to give explanations, indicate the last name, first name, position, profession and unit, which is the main place of work - refused, the date and signature of several witnesses are put.

In the event that there really were reasons that contributed to this or that behavior, it is better for the employee to give a reasonable explanation for his actions, which can serve as a choice of method for imposing a disciplinary sanction on the part of the employer, if he considers them really respectful.

4. Having studied all the documents on the issue of non-compliance by the employee with the conditions employment contract or norms of behavior in the team, when deciding on the imposition of a disciplinary punishment, a mandatory written order (order) is issued, which must be properly registered.

5. Within three days from the date of publication, the interested employee (who has been subjected to disciplinary punishment) must be familiarized with the order against signature.

6. In case of refusal to sign on the mailing list that he is familiar with the contents of the order, an act is drawn up signed by witnesses and indicating the date of the actual notification of the employee about the imposition of a disciplinary sanction.

In what form is a disciplinary order issued?

It should be noted that the legislator has not established a specific form that is mandatory for the written execution of an order on disciplinary punishment.

An enterprise can develop a form of an order for disciplinary punishment, because regardless of whether a warning is issued, a reprimand is issued, or an employee is fired for violating internal regulations, failing to fulfill his duties, the essence of how to issue a written order does not change.

Sample order for disciplinary action can be found on the Internet, supplemented and modified in relation to your organization, used as a template.

The employer and the person responsible for maintaining work books must remember:

• information about penalties (as opposed to information about incentives) of an employee is not entered in the work book;
• additionally, for accounting, you can record in the employee’s personal file (not to be confused with a personal card, which duplicates information about work, changes in the process of labor activity in the organization).

The repeated imposition of a penalty for a period of time until the previous remark or reprimand has been removed may lead to dismissal for a systematic violation of labor discipline.

Although the order can be drawn up in any form, it is necessary to adhere to the general rules for processing documents of this kind.

1. At the top of the sheet, the full name of the organization is indicated, in addition, you can indicate the abbreviation, the location of the enterprise (city).

2. The line below in the middle of the document is titled and the registration number is put (after approval by the head).

In this case, it can be - an order or an order (depending on the form of document flow adopted in the organization).

3. The next line indicates the date of issue of the order, month, year.

4. On the left side of the sheet, briefly outline the essence of the order "On disciplinary action."

5. On a new line, the text part of the document is written, which should clearly reflect who (last name, first name, patronymic of the employee, structural unit in which he works, profession, position) and for what exactly is brought to disciplinary responsibility (date, time of violation and how it is expressed).

6. Based on the foregoing, an operative part is issued in the form of an order to apply one or another measure of punishment (at the discretion of the employer).

7. As a basis, a list of attached documents required by the rules for imposing a disciplinary sanction is given.

These include:

• a memorandum on the violation of discipline by the immediate supervisor of the delinquent employee;
• an explanatory note from the employee subject to disciplinary punishment, or in cases of refusal to provide explanations for their behavior, an appropriately executed act signed by two to three witnesses.

8. Control is assigned to the responsible person so that the order is executed with an indication of the position, surname, name, patronymic.

Usually, control is assigned to the immediate supervisor. structural unit(workshop, department, etc.) in which the employee who violated discipline or the employment contract works, or the inspector of the personnel department.

9. Below, after the text part, the signature of the employer, the persons who agreed on the order (representative of the trade union organization, immediate head of the structural unit, senior inspector of the personnel department) is put.

10. Having put the appropriate signatures, having registered the order in the register of registrations and indicating the registration number of the document in the upper part near the title of the document, the person subject to punishment is familiarized with the written order against signature.

11. In case of refusal to put a signature on familiarization with the order on the part of the employee subjected to disciplinary action, an act is drawn up signed by witnesses that he knows the content of the order.

For example, locksmith Marinkin Viktor Ivanovich was late on March 09, 2017 for work and appeared instead of 08.00 at 08.30, explaining the reason for the delay - traffic jams on the roads.

Taking into account the fact that V. I. Marinkin had not previously violated the work schedule, performed his duties conscientiously, the head decided that it was enough to make a remark as a penalty.

Order on disciplinary sanction, remark, sample:

Municipal Institution Center for Primary Health Care (TsPMSP Kaluga)

(name of company)

Order No. 36

"On Disciplinary Action".

Due to the late arrival of locksmith Viktor Ivanovich Marinkin on March 09, 2017 for half an hour, absence from the workplace from 08.00 to 08.30 due to traffic congestion and impossibility to drive,

I ORDER:

1. To announce a remark to the mechanic Marinkin Viktor Ivanovich.

Base:

2. I entrust the control of the execution of the order to the senior inspector of the personnel department Orekhova Natalya Valentinovna.

Chief Physician (signature) A. O. Eremeev

Chairman of the trade union committee (signature) R.P. Dmitruk

Head of household (signature) N. B. Lomov

Senior Inspector of the Human Resources Department (signature) N. V. Orekhova

Drawing up an order for disciplinary action for absenteeism

Absence from work throughout the working day, or more than four hours in a row, is regarded as a violation of labor discipline and is defined from the point of view of the legislator as absenteeism.

As for any violation, the employer, depending on the reasons for the absence from work, the consequences for the organization, may choose a disciplinary sanction - from reprimand to dismissal.

An order for disciplinary action for absenteeism is drawn up by analogy with this sample.

Carry out in good faith labor obligations is the duty of every worker. At the same time, unfortunately, no one is immune from mistakes. In the event that an employee fails to perform his/her work, or performs it improperly, this is considered 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 a disciplinary sanction based on the results of an audit by 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, in work book no fixation occurs. 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 the employee's salary. 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.

Before issuing an order, you must make sure that the documents preceding it are drawn up: memos, an explanatory note of the offender or an act of refusal to provide it.

When, the employer's order is announced to the employee under signature. In case of refusal to sign the familiarization, a separate document is drawn up - an act.

What if the employee is not at work on the day the document on punishment is issued, is he on vacation or sick? The law established the term for familiarization with the order of disciplinary action - 3 working days, not counting the time the employee was absent from work. Thus, the countdown is from the day of his appearance at the workplace. In case of refusal to sign the document, an act is drawn up to this effect. The disagreement of the employee does not cancel the decisions made in relation to him.

We draw up a document

Since violations are often repeated, it is convenient to draw up standard document forms for each situation. They prescribe the fact of the violation, the type of punishment and the grounds for its application. It is not necessary to apply an extreme measure to a truant and fire him. At the discretion of the employer, a remark or reprimand is announced to him. But a repeated violation of the labor schedule is a reason for dismissal on Art. 81 of the Labor Code of the Russian Federation- . But termination of the contract on this basis is a right, not an obligation of the management of the enterprise.

If this is your first time in a similar situation and do not know how to write a disciplinary order, take a sample and change the necessary data. In any case, it contains the following:

• name of company;
• date and number;
• preamble - what the document is about;
• text reflecting the essence of the punishment;
• basis - acts, service, explanatory.

Here is a sample order on the application of disciplinary action for the most common violations.

The order for punishment for absenteeism looks like this:

OOO "POLET"
ORDER No. 24/k
On the application of disciplinary action In connection with the violation of labor discipline by the picker Sinitsyn K.K. I ORDER: For violation of labor discipline, expressed in violation of clause 2.1 of the Internal Labor Regulations, clause 3.3 of the employment contract No. 5/1 dated 01/10/2017, namely: skipping work without a good reason (absenteeism) on 01/12/2019 during the whole working day, apply to the picker Sinitsyn K.K. disciplinary action in the form of a reprimand. Base: The act of absence from the workplace of Sinitsyn K.K. from 12.01.2019. Memo from the head of the warehouse Ptitsyn E. E. dated 01/13/2019. Explanatory note of the order picker Sinitsyn K.K. dated 13.01.2019.
CEO	Zhuravlev	Zhuravlev I.I.
Acquainted with the order:	Sinitsyn	Sinitsyn K.K.

In turn, a sample order to impose a disciplinary sanction for being late for work contains the following wording:

OOO "Retouch"
ORDER No. 11-k
On the application of disciplinary action Due to being late for work by 30 minutes, the compositor Kolesov A.G. I ORDER: Apply to typesetter Kolesov A.G. disciplinary sanction in the form of a remark for violation of clause 3.1 of the Internal Labor Regulations and clause 4.2 of the employment contract dated 10/12/2016. Base: Act No. 1 of 01/15/2019. Explanatory note of Kolesov A.G. from 15.01.2019.
CEO	Ryabov	Ryabov M.M.
Acquainted with the order:	Kolesov	Kolesov A.G.

If the employee does not agree with the punishment

In the procedure for applying disciplinary measures, it is important to observe the deadlines: it is allowed to punish an employee within 1 month from the date of discovery of the misconduct, but no later than 6 months from the date of its commission (as a general rule). For violations of a corruption orientation, the detection period is 3 years, for violations identified by the results of the audit - 2 years. It is also necessary to obtain a written explanatory note from the violator. If he refuses to write it, draw up an act of refusal with the signatures of two witnesses. The employee is given 2 working days to provide an explanation.

The reason referred to by the employee, as well as his disagreement, does not prevent the decision on punishment. But in practice, appealing such decisions in court is not uncommon, especially if the result of a reprimand was the deprivation of the bonus.

Incorrectly executed documents may lead to litigation and administrative liability (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). The article will help you figure out how to write a disciplinary order, the sample that you will find at the end will help you avoid unpleasant consequences.

What is important to remember

We spoke in detail about such a measure of punishment for violation of labor discipline, failure to perform official duties, rules, regulations in articles about and.

You need to remember some rules:

1. The measure must be fair.
2. A sanction is an employer's right, not an obligation.
3. For one misconduct, you can be punished only once (part 5 of article 193 of the Labor Code of the Russian Federation).
4. Punishments that are not provided for by law cannot be applied (part 4 of article 192 of the Labor Code of the Russian Federation).
5. The type of sanctions is determined taking into account all the circumstances and the severity of the misconduct.
6. Punishment in the form of withholding funds is unacceptable.
7. The punishment can be applied no later than one month from the day the offense was discovered.

Based on what is

Before punishing an employee, it is necessary to document the very fact of the violation. The necessary papers are prepared by the head of the department in which the violator works, the personnel department or a special commission.

After a misconduct, it is imperative to demand from the offender. In it, he describes in detail the causes and circumstances of the misconduct. The time for writing an “explanatory note” is 2 working days. If the employee refuses to give explanations, it is necessary to draw up an act of refusal to give explanations.

After conducting official proceedings and making a decision on punishment, an administrative document is issued. You can find a sample order for the imposition of a disciplinary sanction below.

We introduce the employee to the order

The employer's order to apply a disciplinary sanction is announced to the employee for review under the signature. This is a mandatory step and cannot be skipped.

The term for familiarization with the order on disciplinary action is 3 working days. In case of refusal of the employee to familiarize and endorse the document, an act of refusal to sign is drawn up.

Form and required details

If the measure of punishment is or a remark, then the order is issued in an arbitrary form.

If the measure of the sanction is , then the document is issued in the unified form T-8 (approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004) or independently developed form.