The employment process frequently encountered situations when an employee does not perform his duties or performs them improperly. In this case, the employer applies to employees of various sanctions, to prevent the occurrence of similar situations in the future.The application of disciplinary sanctions is governed by labor laws, so each employee must understand whether the employer has the right to apply to him either other disciplinary action.
Types of disciplinary penalties
Article 192 of the Labor Code of the Russian Federation contains a closed list of disciplinary sanctions, the employer may apply to the employee. These include observation, reprimand and dismissal.
Dismissal, as a measure of disciplinary punishment can be applied only on the grounds provided for by the labor legislation. For example, if the head of the organization, branch or representative office, or chief accountant received an unjustified decision, which led to a breach of safety of property or misuse of its use. Head of the organization, branch or representative office can also be fired if he once flagrantly violated their duties, or for him there a systematic gross violation of the Charter of the rules within one year. The Labour Code provides for other grounds for dismissal for certain categories of workers.
Labor legislation prohibits the imposition of disciplinary sanctions on workers who do not provide the legal framework governing this sphere of activity. The employer must take into account the severity of the offense before to impose on the employee to disciplinary action.
The application of disciplinary sanctions
Before you apply with respect to the employee to disciplinary action, the employer must request a written explanation from him. This provision is spelled out in Article 193 of the Labor Code of the Russian Federation. If the employee has not provided this explanation within two working days, the employer must make up the act. It should be remembered that, if the employee has not provided an explanation in writing, it is not an obstacle to the application to it of a disciplinary sanction.
Disciplinary action may be applied to the employee not later than one month from the date of discovery of the commission of the offense. During this period does not include the period of temporary disability the employee, as well as the period when the employee is on vacation. Disciplinary action is applied at the same time with respect to each misdemeanor committed by an employee. Disciplinary action shall be documented by means of an order or orders of the head. With an order or decree of the head of the application to it of a disciplinary sanction the employee must always be aware that should be recorded his signature within three days from the date of publication of the order or orders. An employee may refuse to review an order or decree on imposing a disciplinary sanction on him. In this case, the employer of the act.
Application of a disciplinary sanction may be appealed to an employee in the state labor inspectorate.
Removal of disciplinary action
The procedure for removal of a disciplinary sanction provided for in Article 194 of the Labor Code of the Russian Federation.
Disciplinary action may be withdrawn from the employee at his request or at the employer's initiative. Removal of disciplinary action is carried out within one year from the date of imposition, unless the employee during that period is not observed other misconduct.
If after a year from the date of application of a disciplinary sanction the employee was not subjected to a new disciplinary sanction, it is considered that it does not have a disciplinary sanction. Thus, at the end of the calendar year is considered to be a disciplinary sanction removed automatically, if the employee has not committed other offenses.
Based on the foregoing, MirSovetov can conclude that the labor legislation of the three types of disciplinary sanctions of varying severity are provided. When choosing the type of disciplinary action the employer must take into account the severity of the offense. The procedure for appointment and removal of disciplinary action as spelled out in the labor legislation. It is mandatory for an employer and an employee. If the employee does not agree with the disciplinary action, which imposes on it the employer, he may apply to the State Labour Inspection with a request to understand the situation.