Article 192 of the Labor Code of the Russian Federation with comments. Imposition of a disciplinary sanction and its appeal

The types of disciplinary sanctions presented in the Labor Code of the Russian Federation are limited to a certain list.

Let's look at what they can be, how they are used and how they are removed.

On labor discipline requirements for employees

Each new member of the work collective is charged with the obligation to obey the set of rules of conduct established within it (Article 21, 189 of the Labor Code of the Russian Federation). These rules are based on the requirements of the Labor Code of the Russian Federation, as well as other norms established by the internal organizational and administrative documents of the enterprise.

The latter are divided into two categories:

developed for a specific employee (Article 192 of the Labor Code of the Russian Federation), in particular, an employment contract and job description;
established for the entire team (Article 189 of the Labor Code of the Russian Federation), including rules, instructions, orders.

Each employee is required to familiarize himself with the rules presented.

This procedure is carried out:

when applying for a job;
when transferred to another position, in case of a change in job description;
when new internal documents or collective agreements arise.

The fact of familiarization is usually evidenced by a handwritten signature under such a document in a special accounting journal.

If an employee violates the developed rules, the management of the enterprise has the right to bring the unscrupulous employee to disciplinary liability (Articles 22 and 192 of the Labor Code of the Russian Federation).

What is the procedure for applying disciplinary liability?

The exercise of the employer’s right to bring an employee to disciplinary liability is possible only if preconditions are met.

The conditions are as follows:

The rules of labor discipline were drawn up in accordance with all the necessary requirements, indicating the date of approval by the manager and agreement with the trade union organization.
Before the fact of committing a disciplinary offense has been established, the employee must be familiar with the rules of labor discipline, which is confirmed by his signature indicating the date of study of the Rules.
Another important condition is the presence of the employee’s guilt in the offense committed (Article 192 of the Labor Code of the Russian Federation). A disciplinary sanction cannot be imposed on an employee if there is no guilt; no evidence; the guilt is not related to work duties.

What are the disciplinary measures?

Possible types of disciplinary sanctions, the list of which is exhaustive, are described in Article 192 of the Labor Code of the Russian Federation.

Among them are:

rebuke;
comment;
dismissal.

Federal laws, regulations on discipline, as well as charters for certain categories of employees also provide for other disciplinary sanctions (5th part of Article 189 of the Labor Code of the Russian Federation).

When choosing a specific type of disciplinary responsibility, take into account:

the circumstances under which the violation was committed;
characteristics of the employee, whether he has any merit or misconduct;
the severity of the consequences of the violation, the proportionality of the intended type of punishment with them.

One committed violation implies the imposition of only one penalty (Article 193 of the Labor Code of the Russian Federation). However, punishment can be applied more than once to one employee.

In this case, only the types of penalties will change in the following cases:

when, after a previously imposed penalty, the violation was not stopped;
if the offenses are of a periodic nature, spilling over into the system;
if the offenses are of a different nature from the previous ones.

It is allowed to apply two types of liability at the same time (material and disciplinary).

This is possible if the commission of a disciplinary offense entailed causing material damage to the employer (Article 248 of the Labor Code of the Russian Federation).

What are the types of discipline violations?

Conventionally, disciplinary offenses can be divided into 2 types:

not serious enough, which, as a rule, are one-time in nature and do not entail serious consequences. Such offenses usually stop quickly and are not repeated after the application of the appropriate penalty (reprimand/reprimand);
rude. Such offenses may include both one-time and systematic violations that are incompatible with the subsequent continuation of obligations under the employment contract.

An example for the first type is:

one-time delays to work;
failure to comply with labor standards (usual scope of work) or failure to comply with established deadlines;
failure to comply with instructions and orders from management affecting the employee’s job responsibilities;
refusals to undergo briefings and mandatory inspections;
refusal to draw up documents whose purpose is related to the performance of duties (for example, an agreement on liability).

According to paragraphs 5-6 of Article 81 of the Labor Code of the Russian Federation, several offenses are considered as gross offenses, the commission of which requires the application of the most severe penalty - dismissal - to an unscrupulous employee.

These include:

disciplinary offenses that are committed systematically, without good reason;
absenteeism, which is equivalent to absence from the workplace during a work shift/day, lasting more than 4 hours;
appearing at work while intoxicated;
disclosure of information protected by law - commercial, state, official secrets that became known to the employee during the performance of his job duties;
intentional damage, destruction, theft of property belonging to the employer/enterprise;
violation by an employee of requirements related to labor protection, resulting in serious consequences (accident, industrial accident, disaster), or initially creates a threat of such consequences.

However, dismissal is not established as a mandatory measure. A more lenient punishment (reprimand/reprimand) is applied by the employer, taking into account the severity of the offense committed.

On the timing and procedure for imposing punishment

The Labor Code of the Russian Federation limits the time limits for applying disciplinary sanctions. According to Article 193 of the Labor Code of the Russian Federation, disciplinary sanction is applied no later than one month from the moment the fact of the committed offense is revealed and before the expiration of six months.

As for financial misconduct, the term is expected to be longer - up to two years from the date of commission. The legally permitted periods of absence of the employee from the intended workplace are taken into account, which include: vacation/time off; disease; period of criminal proceedings.

The sequence and duration of actions that precede the execution of the punishment play a significant role.

The fact of a violation is documented by drawing up a corresponding act, certified, among other things, by the signatures of three witnesses, or a report from the manager. If necessary, several such documents are drawn up with subsequent attachment of supporting documents. The employee is given two working days to provide a written explanation for the misconduct committed. If an explanation is refused, an act is drawn up.

3 working days are allocated for the unscrupulous employee to familiarize himself with the internal document on the penalty. In case of refusal to sign such a document, an act is also drawn up.

What procedure does foreclosure entail?

According to Article 194 of the Labor Code of the Russian Federation, a penalty that was issued in the form of a reprimand or remark can be withdrawn if there are grounds.

The reasons may be the following:

Expiration of the period of validity (1 year from the date of imposition) of the penalty/absence of a new violation for the period under review. In this case, the penalty is subject to automatic withdrawal and does not require the execution of additional documents.
Before the end of the established period of validity - if there is an initiative of the work collective/employer (petition) or another employee with the subsequent drawing up of an application. The penalty is lifted by an appropriate order.

Thus, despite the limited number of legally provided disciplinary sanctions, this does not affect the employer’s range of possible influence on an unscrupulous employee. Of great importance in this case is compliance with the order and requirements for the procedure for imposing a penalty.

If an employee has committed a disciplinary offense, the employer has the right to hold him accountable. Disciplinary offenses include any violations of the labor discipline established at the enterprise and internal regulations.

The procedure and conditions for applying disciplinary punishment to an employee are given in Art. 192 Labor Code of the Russian Federation.

Disciplinary penalties provided for by the current labor code

The current Labor Code of the Russian Federation lists the following types of punishments that an employer can apply to employees:

comment;
rebuke;
dismissal with a corresponding entry in the work book.

Each disciplinary violation of an employee must be documented. Without such evidence, the employer has no right to impose penalties.

When deciding to apply a particular penalty, the employer must objectively assess the employee’s guilt, as well as the damage that his guilty actions caused to the employer himself. For example, being late for work without good reason. If the employee cannot provide the employer with evidence that he was late for work for good reasons (for example, the train was canceled), then the employer can reprimand him or reprimand him. On the other hand, if there is a spontaneous traffic jam on the road, then this fact cannot be proven.

As already mentioned, a disciplinary offense must be recorded in documents. For example, being late. An act must be drawn up, which will contain the signatures of the head of the structural unit and two witnesses. An explanatory note from the employee must also be attached to this act. Then the employer decides what type of punishment to apply to him and issues an appropriate order. The employee must sign this order. The corresponding entry on the application of a disciplinary sanction under the Labor Code of the Russian Federation will be entered in the appropriate section of the work book.

An employer may dismiss an employee if he violates discipline in the following ways:

if he already has a valid disciplinary sanction for violating internal regulations;
repeatedly violates his work duties (regular tardiness is included in this point);
if the head of the organization repeatedly grossly violates his powers, labor duties and makes unreasonable decisions;
if an employee of an educational institution has repeatedly grossly violated the charter of this institution;
on other grounds, which are provided for in Art. 346. 11 of the Labor Code of the Russian Federation, as well as clause 7, clause 7.1 and clause 8 of Art. 81 of the Labor Code of the Russian Federation regarding loss of trust and committing an immoral act.

Labor legislation provides for the application of other disciplinary sanctions, which may be established by a collective agreement or other local acts.
For certain categories of workers, for example, state or municipal employees, or teaching staff, federal laws or other regulations provide for other penalties for violations of discipline.

It is permissible to punish employees for official misconduct, but with an eye to Article 192 of the Labor Code of the Russian Federation. In the article you will find detailed comments from experts, a list of permitted penalties, a table of current discipline statutes and a sample dismissal order.

From the article you will learn:

By signing an employment contract, the employee undertakes to comply with production discipline, in other words, that the employer has established: come to work on time, fulfill your job duties, adhere to chain of command, etc. Each organization develops its own set of rules for personnel. At the same time, types of penalties , are established by law. Employers are strictly limited in their choice.

What types of disciplinary sanctions are provided for in Article 192 of the Labor Code of the Russian Federation (2018)

A complete and closed list of general disciplinary measures that are permitted by law is indicated in Part 1 of Article 192 of the Labor Code of the Russian Federation. If an employee fails to carry out instructions from management once or systematically, or ignores his duties, or appears - in a word, violates discipline - the employer has the right:

make a remark;
reprimand;

This is where the list ends. Any other measures are illegal, so it is better to do without initiative and not introduce a system of fines or other penalties, as some companies do. For this, the employer may be subject to .

Editorial advice: To ensure that supervisory authorities do not have any complaints about the company’s disciplinary policy, specify in as much detail as possible the terms and procedure for applying penalties in local regulations. Develop , indicate what specific measures the employer applies to discipline violators, how it carries out , what documents support its decision.

Document every penalty, even a reprimand, with an order. If we are talking about , draw up the order carefully and accurately, list all the documents that prove he committed an offense.

Question from practice

How to issue an order to impose a disciplinary sanction?

Ivan Shklovets answers:Deputy Head of the Federal Service for Labor and Employment.

When all the evidence of the employee’s guilt has been collected: reports, acts, explanatory notes, issue an order to impose a disciplinary sanction. If you use a reprimand or reprimand, then draw up the order in any form. If an organization decides to fire an employee, then draw up an order to terminate the employment contract in the form...

Read the expert's answer

Sample order of dismissal for repeated failure to fulfill duties

In what cases are disciplinary sanctions not provided for in Article 192 of the Labor Code of the Russian Federation applied?

There are certain categories of workers for whom the charters, federal laws and discipline regulations provide for additional types of punishment (parts 2 and 3 of Article 192 of the Labor Code of the Russian Federation with comments). We are talking about regulations that apply to specific industries, enterprises and professions.

Normative act	Approval document
Regulations on discipline of railway transport workers
Disciplinary charter of paramilitary mine rescue units in transport construction
Disciplinary Charter of the Customs Service of the Russian Federation
Charter on discipline of maritime transport workers
Charter on discipline of workers of the fishing fleet of the Russian Federation
Charter on the discipline of crews of Navy support vessels
Charter on discipline of employees of organizations operating particularly dangerous and nuclear hazardous production and facilities

Such measures of influence as a warning about incomplete official compliance or release from a civil service position being filled are provided only for state civil servants ( ) They cannot be applied to other categories of workers.

According to Part 3 of Article 192 of the Labor Code of the Russian Federation with the amendments made to this norm, and the explanations of the Plenum of the Supreme Court of the Russian Federation (Clause 52 of the Resolution No. 2 of March 17, 2004), disciplinary measures include dismissal for the following reasons:

to an employee servicing commodity or monetary assets as a result of his guilty actions (clause 7, part 1, article 81 of the Labor Code of the Russian Federation);
disqualification acceptance , his deputies or the chief accountant of the organization of an unreasonable decision that caused damage to property (clause 9, part 1, article 81 of the Labor Code of the Russian Federation);
a single gross violation of labor duties by the head of the organization or his deputies (clause 10, part 1, article 81 of the Labor Code of the Russian Federation).

What changes have undergone Articles 192, 193 of the Labor Code of the Russian Federation

The law not only limits the list of permissible punishments, but also regulates the procedure for their application. The employer is obliged to take into account the circumstances and severity of the offense when choosing a penalty, and demand from the employee written explanation and draw up an act in case of refusal (Part 4 of Article 192 of the Labor Code of the Russian Federation, Part 1 of Article 193 of the Labor Code of the Russian Federation).

It is unprofitable to delay an official investigation: the period allotted for applying disciplinary measures is limited and amounts to only one month from the date of discovery of the misconduct. Time that the guilty employee or on sick leave, they are not taken into account (Part 3 of Article 193 of the Labor Code of the Russian Federation). If we are talking about a corruption violation, the period increases to three years, and for offenses discovered as a result of an audit or inspection - up to two years from the date of completion of the inspection activities.

Penalties must be applied even to notorious violators of discipline very carefully, in compliance with the requirements of the Labor Code of the Russian Federation. You cannot fine someone for being late, fire them for minor offenses, or reprimand an employee twice for the same incident. Be sure to request an explanatory note and conduct an internal investigation so that the prosecutor, inspector or court does not consider the punishment unreasonable.

31.08.2019

Violation of the employment contract entails disciplinary action.

Punishment of negligent employees will ensure compliance with the rules and regulations of the job description, guaranteeing the safety of the production process.

Disciplinary proceedings are a legal relationship in which the parties are the employer and the employee.

The conclusion of an employment agreement obliges the subjects to comply with and fulfill the requirements set out in the document. Deviation from disciplinary norms is considered.

What measures of influence does the employer have the right to apply from the point of view of the Labor Code?

The list of methods and types of influence on violators of labor regulations is provided for in Article 192 of the Labor Code of the Russian Federation.

What penalties for violation of labor discipline exist under the Labor Code of the Russian Federation?

Any offense is punishable by law. Employees of enterprises, just like ordinary citizens, must comply with the standards established at a particular production site. Failure to comply with rules and labor obligations entails serious administrative penalties. The manager has the right to apply one of the types of disciplinary sanctions against a negligent subordinate.

What penalties are provided for by the Labor Code:

The most severe of the listed disciplinary measures against an employee is dismissal. To apply this type of punishment, the manager must act within the framework of labor legislation.

The remaining types are considered a soft warning method and are established for minor labor violations. ?

How to apply the comment

Usually the first unpleasant conversation with management ends with a service remark. The manager cannot classify any oversight on the part of the employee as a disciplinary violation.

A remark is a gentle method of scolding a subordinate. This type of penalty is applied in the following cases:

failure to fulfill or neglect job descriptions;
absenteeism;
regular unjustified lateness to work.

In practice, some managers first conduct conversations with negligent employees, and then impose punishment. At the same time, guilt is recognized not only in case of an intentional violation, but also in case of careless behavior at work.

The immediate supervisor must issue a disciplinary sanction, documenting the act.

If errors are made in the procedure for registering a disciplinary sanction or the fact of incorrect paperwork is revealed, then this type of punishment is considered invalid.

Reprimanding employees

The next mitigating type of production penalty, but more severe, is a reprimand. First, the employer verbally reprimands the offending subordinate, and then formats the words in the form.

At its core, the first form of punishment is no different from the second and carries with it similar consequences. However, a reprimand is issued for a more serious violation of discipline.

In addition, the amount of this type of penalty can lead to dismissal. If an employee receives two or more reprimands during the year, the Labor Code allows the contract with such an employee to be terminated.

Even the court will not help in this matter. As judicial practice shows, the claim will be rejected if in fact there are more than two reprimands for the current year.

Large enterprises that practice a system of motivation and incentives with material payments have an alternative financial instrument. In such organizations, the leader of dishonest subordinates punishes with rubles:

deprives bonuses and allowances;
imposes sanctions.

A reprimand is issued in cases where serious harm has been caused to production, or the violations have become systematic.

Liability in the form of dismissal

When the system outweighs common sense, and the employee’s actions are classified as serious, there is no need to talk about soft methods of discipline. Dismissal is considered a serious form of disciplinary action.

Before using a punitive instrument, management will have to prove the degree of guilt of the employee.

Failure to comply with safety rules or ignoring job descriptions must be systematic.

Based on the analysis of the subordinate’s card, where disciplinary punishments appear repeatedly, the employer makes a decision to dismiss this person.

If the manager’s actions are considered unlawful, they can be challenged in court. As an argument, it is necessary to provide documents refuting the employee’s guilt and proving a violation of workers’ rights.

Disciplinary action in the form of dismissal is applied in the following situations:

insubordination;
immoral behavior in the workplace;
participation in events that discredit the honor and dignity of senior officials;
ignoring instructions;
refusal to comply with the terms of the employment agreement;
disclosure of corporate information;
damage or theft of government property;
leaving the workplace without permission;
systematic delays;
violation of safety rules and labor protection standards;
appearing at work under the influence of alcohol or drugs.

Any of the above reasons may become grounds for early termination of the employment agreement.

Is deprivation of a bonus a penalty?

The measures to be taken against a negligent employee are clearly stated in the Labor Code. So, according to Art. 192 of the Labor Code of the Russian Federation, the employer has the right to apply a reprimand or reprimand as a penalty if the reason was.

conclusions

The use of disciplinary sanctions is a method of influencing negligent employees aimed at improving the legal situation at the enterprise.

The Labor Code clearly defines the algorithm of actions. First, the manager makes a reprimand, then reprimands. Now the situation can still be improved.

If soft methods of influence do not improve the production process, then you have to use “heavy artillery” - fire a non-executive employee. At large enterprises, officials can introduce an internal scale of penalties.

Legal actions must be reflected in regulatory documents. If disputes arise, you should contact the commission regulating labor relations or go to court.

If an employee does not fulfill his duties or performs them improperly, his immediate superior can bring him to disciplinary liability by imposing a penalty. We will talk further about what exact penalty for what violation of labor discipline can be applied to an employee in 2020 under the Labor Code of the Russian Federation.

Types of labor penalties

Legislatively, the types of disciplinary sanctions applied by an employer to an employee are enshrined in Article 192 of the Labor Code of the Russian Federation.

They are divided into two types:

General (named in the Labor Code of the Russian Federation);
Special (listed in special regulations).

The table will help you understand in detail what types of disciplinary sanctions are provided for by the Labor Code of the Russian Federation, and what types are provided for by other acts.

Kinds	Are common	Special
What are provided	Art. 192 Labor Code of the Russian Federation	The norms of Federal laws, charters, regulations on discipline
To whom do they apply?	To all employees working under an employment contract, regardless of specialization	For certain categories (military personnel, civil servants, railway transport workers, employees in the nuclear energy sector, etc.)
Types of penalties	Comment Rebuke Dismissal	Comment Rebuke Dismissal Incomplete Compliance Warning Severe reprimand Demotion in class rank Demotion in military rank Reduction in military rank by one degree Revocation of a license to drive a locomotive, etc.

* The charter should be understood as a normative act of federal significance approved by law. This point deserves attention, since the charter also refers to local acts of organizations. So, if the latter contradict federal acts in terms of imposing penalties, their provisions cannot be applied.

Types and procedure for imposing penalties under the Labor Code of the Russian Federation

If an employee’s work activity is not regulated by special acts (for example, the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the Decree of the Government of the Russian Federation “Regulations on the discipline of railway transport workers of the Russian Federation”, etc.), then, according to the Labor Code of the Russian Federation, only the following types of punishments can be applied to him.

Comment

The imposition of a disciplinary sanction in the form of a reprimand is the most “popular” punishment applied by the employer. The legislation does not clearly define for what offense a certain penalty is imposed. The choice is at the discretion of the manager.

Most often, a reprimand is imposed for a violation of mild severity, that is, which:

is essentially a minor violation of labor discipline;
caused minor damage;
done for the first time.

An example of such an offense would be being late for work.

The decision to reprimand an employee must be documented. However, before this, the employer must demand an explanation from the violator. The latter must provide it within 2 days from the date of presentation of the request by the employer. Below is a sample order of disciplinary action in the form of a remark.

Neftetransservis LLC
ORDER No. 1100/64-3
Moscow December 15, 2019
About disciplinary action

Due to the absence of chief engineer A.P. Voikov from the workplace. December 14, 2019 from 09:00 to 10:00 without good reason.

I ORDER:

Announce a remark to the chief engineer Anatoly Vladimirovich Voikov.

Base:

memo from the head of the department dated December 14, 2019;
explanatory note from chief engineer Anatoly Vladimirovich Voikov dated December 14, 2019;
certificate of absence from work dated December 14, 2019.

Head of the organization: Brazhsky I.G.

Head of department: Davydov O.I.

Head of Human Resources: Gerasimenko A.Yu.

The employee is familiar with the order: Voikov A.V.

The consequences of a reprimand for an employee are hardly noticeable: information about the reprimand is not entered in the work book or personal card, and such punishment in itself does not entail any serious negative consequences. However, at the same time, it serves as a warning: if another violation is committed during the year, the employee may face a reprimand or even dismissal.

note that there is no oral remark as a separate penalty according to the Labor Code of the Russian Federation. There is only a “remark”, which is formalized by an appropriate order. According to Article 193 of the Labor Code of the Russian Federation, the order (instruction) of the employer to apply a disciplinary sanction is announced to the employee against signature. This means that the remark has its formal expression in the form of an official document, so it cannot be considered “oral”.

Rebuke

The imposition of a disciplinary sanction in the form of a reprimand is an intermediate measure of punishment, which is more “strict” in nature than a reprimand, but more “soft” in comparison with dismissal. If a remark is just a warning, then a reprimand is the “last” before dismissal.

It is declared in cases where:

The employee had already been disciplined for a year.
A violation of moderate severity was committed.
The offense resulted in material damage, but not on a large scale.

To issue a reprimand, it is not necessary that the employee already has one penalty on his record. It can be applied even if the employee has never been subject to disciplinary action.

An example of an offense for which a reprimand may be given is truancy. A sample order for a disciplinary sanction in the form of dismissal for absenteeism can be seen below (it is also a sample order for a reprimand). Although, at the same time, absenteeism is a sufficient reason for dismissing an employee, in practice such a measure is rarely used.

A reprimand is not much different from a remark: information about it is also not included in the labor report and, as such, it in itself bears consequences. However, for example, if you want to appeal the dismissal as a type of disciplinary punishment, and you have been reprimanded for a year before the dismissal, the court will take the position of the employer and leave its decision in force. At the same time, as judicial practice shows, if there are comments (rather than reprimands), the chances of challenging the dismissal are significantly higher. Also, a note about a reprimand is entered into the employee’s personal card, but in case of a reprimand, it is not.

Before issuing a reprimand, the employee is also required to provide an explanatory note, which he must provide within two days. Only after this the manager can document the penalty. A sample order for disciplinary action in the form of a reprimand is provided below.

LLC "Stroychermet"
ORDER No. 1800/65-2
Moscow December 14, 2020
About disciplinary action

Due to the absence from the workplace without good reason of the chief engineer Ignat Vasilyevich Budko during the working day on December 13, 2020 from 9-00 to 18-00

I ORDER:

Reprimand chief engineer Budko Ignat Vasilievich.

Base:

memo from the head of the department dated December 13, 2020;
explanatory note from chief engineer Budko Ignat Vasilievich dated December 13, 2020;
certificate of absence from work dated December 13, 2020;
working hours schedule for 2020.

Head of the organization: Gromov I.G.

Head of department: Lupko O.I.

Head of Human Resources: Tarasenko A.Yu.

The employee has been familiarized with the order: Budko I.V.

Dismissal

Disciplinary action in the form of dismissal is an extreme measure of punishment for an employee.

It applies in the following cases:

Being disciplined twice or more in a year.
Absenteeism.
Absence from work without good reason for more than 4 hours in a row is already considered absenteeism (if the employee has been absent all day, this is, of course, also absenteeism). The following are not considered absenteeism:
- Absence by order of the employer on a day off or during vacation;
- Absenteeism, in the case when the schedule provides for exceeding the normal working hours in accordance with Article 91 of the Labor Code of the Russian Federation;
- Absenteeism in case of changes in the shift schedule, if the employee was not familiarized with it under signature;
- Visiting the court on a subpoena, the police, the military registration and enlistment office, as well as detention, arrest or taking into custody;
- Visit to the hospital to donate blood if the employee is a donor.
Appearing at work drunk, or under the influence of drugs or toxic substances.
Even if the employee did not reach his workplace and did not start work, but at least entered the territory of the institution (for example, passed a checkpoint) during working hours in this form, this is already sufficient grounds for dismissing him.
Disclosure of secrets protected by law, which became known to the employee due to the performance of his job functions.
This category of “secrets” also includes personal data of citizens.
Theft, embezzlement, intentional destruction or damage to property at work, if the fact of commission is established by a sentence or a judge’s order.
The theft of not only the employer’s property, but also that of other employees, as well as third parties, is taken into account. These actions must be proven by a court decision.
Violation of labor protection requirements that resulted in serious consequences or created a threat of their occurrence, if this is proven by the commission/occupational safety commissioner.
Loss of employer confidence for those who work with money or goods (cashiers, salespeople, collectors, storekeepers).
In this case, loss of trust occurs only as a result of the employee’s physical actions that violate the rules for handling the listed values. They can be counting, weighing, facts of shortage, use for personal purposes. They are established through inventory, test purchases, and inspections. The subjective opinion of the employer, without the employee admitting any violations and proven facts, cannot serve as a basis for dismissal.
Loss of trust of the employer as a result of failure to take action to resolve the conflict, if the employee is a party to it, provision of false information of a property nature about himself and his family members, if the need to provide it is provided for by federal legislation.
An immoral act committed by an employee performing educational functions.
Only if it was committed at the place of work. Such an offense may include appearing drunk, fighting, or using obscene language. These actions, committed in everyday life or even in society, but not during the performance of one’s work duties, are not grounds for dismissing a teacher.
Making an unreasonable decision that caused damage to the organization’s property by the manager, his deputy, or accountant.
That is, on this basis, only employees in management positions who have the right to make appropriate decisions and dispose of material assets can be dismissed. A decision that was made:
- on an emotional level without taking into account objective factors;
- based on incomplete or incorrect data;
- when certain information is ignored;
- in case of erroneous interpretation of information;
- without proper preparation: consultations, analytical activities, data collection, calculations and research.
Gross violation by the manager or his deputy of his labor duties.
Even a one-time violation can serve as grounds for dismissal, and it is considered gross if it could cause harm to the health of other employees or damage to the organization’s property.
Repeated violation of the charter of a general education organization within 1 year.
Applies only to teachers.
Disqualification for 6 months or more.
For athletes who have entered into an employment agreement (contract).
Single violation of anti-doping rules.
For athletes carrying out their activities under an employment agreement (contract).

Example No. 1. Petrov S.G. I was systematically late for work by 30-40 minutes. After another such delay, the director of the enterprise called him to his office and announced that he was fired for repeated violations of labor discipline. Petrov S.G. wrote an explanatory note, signed the order to impose a disciplinary sanction, but went to court. He considered the director’s actions illegal, since he had not previously been subject to disciplinary action. The court declared the order illegal, since dismissal as a disciplinary sanction can be applied to an employee in the event of repeated (2 or more) violations of labor duties. Moreover, such violations must be documented, namely by an order from the manager to impose a disciplinary sanction. In this case, even though Petrov was late for work, he was never brought to justice in the prescribed manner, which means there were no grounds for dismissal.

Example No. 2. Petrov S.G. I was regularly 30-40 minutes late for work, but the last time I was 4 hours 15 minutes late because I was picking up my wife from the plane (the flight was delayed). Upon arrival at work, he was called to the directorate, where he was informed of his dismissal due to absenteeism. The employee wrote an explanatory note indicating the reason for absenteeism, but management considered it disrespectful. In this case, the manager’s actions are legal and justified, since absence from work for 4 hours or more is considered absenteeism. And in case of absenteeism, you can dismiss an employee, even if disciplinary sanctions have never been imposed on him before.

Dismissal as a punishment for labor misconduct is also formalized by order of the employer after receiving written explanations from the perpetrator no later than 2 days after the request was made. In this case, one order is issued, not two (imposition of penalties and dismissal - in one document). If the employee refuses to draw up an explanatory note, a report is drawn up with the appropriate note, where the violator must sign. If he refuses to do this, witnesses are invited to confirm this fact and sign the document.

Information about the imposition of this penalty is entered into:

Work book;
Private bussiness;
A register of persons dismissed due to loss of confidence, in cases where the dismissal occurs precisely on this basis.

The employer does not have the right to impose penalties in the form of dismissal on pregnant women, temporarily disabled women and employees on vacation. This is prohibited by law.

A minor can be dismissed only with the consent of the Rostrudinspektsiya and the Commission on Minors' Affairs (Article 269 of the Labor Code of the Russian Federation).

Employers should remember that dismissal should only be used if correcting the employee by imposing another penalty is not possible. Disciplinary liability of an employee in the form of dismissal is extremely rare in practice, and the courts and state labor inspectorate in such cases usually take the position of the employee.

Severe reprimand: is there such a penalty now under the Labor Code of the Russian Federation?

No, such a disciplinary sanction does not exist according to the provisions of the current Labor Code of the Russian Federation. The employer could impose a penalty in the form of a severe reprimand until 02/01/2002, while the Labor Code of the Russian Federation, approved by the Supreme Court of the RSFSR on 12/09/1971, was in force (it provided for a severe reprimand as a possible penalty).

In practice, there are often cases when an employer decides to impose a disciplinary sanction in the form of a severe reprimand, guided by the internal local acts of the organization. Such actions are illegal and can be appealed in court..

However, if a provision for a severe reprimand is contained in a federal legal regulation, then this type of penalty can be applied. For example, it is used by the military, prosecutors, firefighters and other categories of government employees.

Can the law impose penalties and deprive bonuses at the same time?

According to Article 193 of the Labor Code of the Russian Federation, only 1 disciplinary sanction can be imposed for 1 disciplinary offense. In this regard, in practice, disputes often arise: can an employer, for example, issue a reprimand and deprive a person of a monthly bonus, because in fact the employee is punished twice.

In fact, it can, and this is in no way contrary to the law. The fact is that deprivation of a bonus is not a disciplinary sanction. A bonus is an incentive for an employee who copes with his job responsibilities (Article 191 of the Labor Code of the Russian Federation). Therefore, if an employee cannot cope with them, and even violates labor discipline, why should he be paid monetary incentives? Although there are nuances here too.

The employer has the right to deprive an employee of bonuses only when the cases in which this is possible are listed in local regulations (Regulations on remuneration or bonuses, collective agreement, etc.).

Penalty period

The penalty may be imposed within one month from the date of:

Identification of violations by an employee by his immediate superior - for general cases.
The entry into force of a court verdict or a decision to impose an administrative penalty - for cases where dismissal is formalized as a disciplinary sanction (in case of theft, embezzlement, etc.).

The specified monthly period does not include:

Staying on sick leave;
Vacation time;
The period required to take into account the opinion of the representative body of employees.

Penalty cannot be imposed later*:

6 months from the date of commission of the offense is the general rule;
2 years – in cases where it is necessary to conduct audits, checks of economic and financial activities and audits.

*the indicated periods do not include the period of criminal proceedings.

How long does the penalty last?

The Labor Code of the Russian Federation has established a single validity period for each type of penalty - 1 year.

If during this year the employee commits a new offense and the employer imposes another penalty on him, the period is “updated” from the moment the last order was issued and is 1 calendar year. After this expiration of this period, the employee is considered to have no disciplinary sanctions. In this case, the employer does not need to fill out any paperwork.

Is it possible to cancel a foreclosure early?

Early removal of a disciplinary sanction is possible in the following cases:

The employee himself should submit such a statement to the employer.
The trade union will send such a petition to the employer.
The initiative will come from the head of the department where the offending employee works.
The employer himself will decide to cancel the penalty early.

But in any case, the decision remains with the employer, that is, he has the right not to satisfy such requests. Early withdrawal is issued by order on behalf of the manager.

How to appeal a disciplinary sanction

Every employee has the right to appeal a disciplinary sanction. If he does not agree with the employer’s decision, he can contact:

State Labor Inspectorate.
Body for consideration of individual labor disputes.