Article 193 of the Labor Code of the Russian Federation with the latest amendments. Time limits for imposing disciplinary sanctions

[Labor Code of the Russian Federation] [Chapter 30] [Article 193]

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

2 comments on the entry “Article 193 of the Labor Code of the Russian Federation. The procedure for applying disciplinary sanctions"

Article 193. Procedure for applying disciplinary sanctions

Commentary on Article 193

Part 1 of the commented article establishes that before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, according to the original edition of the Labor Code, when an employee refuses to give an explanation, a corresponding act of refusal was drawn up, then in accordance with the edition of the Labor Code dated June 30, 2006, an act is drawn up if the specified explanation is not provided by the employee after two working days from the date of its request. At the same time, the employee’s failure to provide an explanation (as well as refusal to give an explanation according to the previous edition of the Labor Code) is not an obstacle to applying a disciplinary sanction.
The concept of “failure to provide an explanation” includes both situations where the employee directly refuses to provide an explanation (i.e., takes the corresponding active action), and situations where the employee does not express a direct refusal to provide an explanation, but at the same time does not provide it . The previous formulation of the commented norm, obliging employers to obtain an employee’s refusal to provide an explanation or to draw up an appropriate act of refusal, put employers in a dead end, whose employees, without refusing to provide an explanation for the fact of the disciplinary offense committed, simply did not provide it. Taking this into account, the adjustment of this norm and the establishment of the rule that an employee’s failure to provide an explanation (and not just a refusal to provide one) is not an obstacle to the application of disciplinary action should certainly be assessed positively.
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Refuse - respond negatively to a request or demand. Refuse - express your disagreement, unwillingness to do something, not want to admit, accept something (see: Ozhegov S.I. Dictionary of the Russian language / Edited by N.Yu. Shvedova. 23rd ed., rev. M.: Russian language, 1990. P. 469).

At the same time, as before, situations are possible when an employee, when asked for an explanation, immediately refuses to provide it. If previously, in such a case, the employer had the right to immediately draw up an act on the employee’s refusal to give an explanation and apply a disciplinary sanction to the employee, now the employer is bound by the wording of part 1 of the commented article, since he must wait for the possible provision of an explanation from the employee within two days from the moment of his requirements. After all, it may happen that an employee who refused to provide an explanation immediately after being requested by the employer will change his decision within the above two days and still provide an explanation. Therefore, in any situation, based on the wording of Part 1 of the commented article, employers should adhere to the specified two-day period and only after that draw up a report on the employee’s failure to provide an explanation. It is also necessary to take into account that in a number of cases, an employee who violates labor discipline is not able to immediately provide a written explanation (for example, due to his being in a state of intoxication or due to difficulty caused by an injury due to a gross violation of labor protection requirements, etc. .). Taking this into account, the inclusion in the Labor Code of the requirement to draw up an act of failure to provide an explanation only after two days seems completely justified.
The right to apply disciplinary sanctions is granted only to the employer. It should be borne in mind that the employer can be not only a legal entity, but also an individual (see commentary to Article 20). According to Art. 20 of the Labor Code, the rights and obligations of the employer in labor relations are exercised: an individual being an employer; governing bodies legal entity(organizations) or their authorized persons in the manner established by the Labor Code, other federal laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of bodies local government, constituent documents legal entity (organization) and local regulations. The right to apply disciplinary sanctions to employees of an organization (legal entity) usually belongs to the head of the organization. In addition, the authority to bring employees of branches (representative offices) to disciplinary liability in practice is often assigned to the heads of these separate divisions.
Part 3 of the commented article establishes the maximum terms for applying disciplinary sanctions. Thus, as a general rule, disciplinary sanction is applied no later than one month from the date of discovery of the offense. At the same time, disciplinary action cannot be applied during the employee’s absence from work due to illness or vacation (including study). These periods are not included in the time limits established by parts 3 and 4 of the commented article for applying disciplinary sanctions. In such cases, the period is suspended. The absence of an employee from work for other reasons, including in connection with the use of rest days (time off), regardless of their duration (for example, with a rotational method of organizing work), does not interrupt the flow of the terms under consideration (clause 34 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).
The period for applying a penalty is also suspended for the period of time necessary for the employer to take into account the opinion of the representative body of employees. The procedure for taking into account the opinion of the specified body in this case is defined in Art. 373 TK. According to the law, the need to take into account the opinion of the representative body of employees is established only in certain cases of dismissal of employees for disciplinary offenses committed by them (see commentary to Article 373).
A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.
According to Part 5 of the commented article, only one disciplinary sanction can be applied for each disciplinary offense. Application of a new disciplinary sanction to the employee, including dismissal under clause 5, part 1, art. 81 of the Labor Code, it is permissible if failure to perform or improper performance due to the fault of the employee of the duties assigned to him continued, despite the imposition of a disciplinary sanction. It must be borne in mind that the employer has the right to apply a disciplinary sanction to the employee even when he submitted an application for termination before committing the offense. employment contract on their own initiative, since the employment relationship in this case is terminated only upon expiration of the notice period for dismissal (see paragraph 33 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).
The employer issues an order (instruction) on the application of a disciplinary sanction, which is announced to the employee against signature within three working days from the date of its publication. In accordance with the amendments made to the commented article, the specified three-day period does not include the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, the employer must draw up a corresponding act.
Disciplinary action are not entered in the work book. An exception is dismissal for violation of labor discipline, since the reason for dismissal is recorded in the work book in strict accordance with the wording of the Labor Code and with reference to the relevant article or clause of the law.
An employee has the right to appeal the employer’s actions in applying a disciplinary sanction to the relevant body for considering individual labor disputes (KTS, court) and (or) to the state labor inspectorate. According to Art. 386 of the Labor Code, an employee can appeal an order to apply a reprimand or reprimand to him in the CCC within three months from the day he learned or should have learned about a violation of his right. If this deadline is missed for valid reasons, the CCC may restore it and resolve the dispute on the merits.
An employee also has the right to appeal the application of a disciplinary sanction (remark, reprimand, dismissal) to the court. In the event that an order to apply a reprimand or reprimand is appealed, the period during which the employee has the right to go to court is three months from the day he learned or should have learned about the violation of his right. If the dismissal is appealed, then the period for filing a lawsuit is one month from the date the employee was given a copy of the dismissal order or from the date the work book was issued (Article 392 of the Labor Code). If the deadline for going to court is missed for good reasons, it can be restored by the court.

In few enterprises, let alone large ones, disciplinary sanctions were not applied (for which appropriate orders must be issued), because sooner or later, every person can make a mistake by violating discipline in the workplace. The Labor Code defines such an action or inaction as a disciplinary offense (in the form, for example, of absenteeism, which also entails punishment: details). Its implementation requires a certain procedure from the employer, as well as compliance with the rules of its application. Therefore, let's take a closer look at how this happens.

Disciplinary sanctions under the Labor Code of the Russian Federation - what are they?

The Labor Code of the Russian Federation defines disciplinary action as a measure of punishment for an employee for misconduct, that is, for failure to fulfill job duties, or their improper performance. This should include a violation job descriptions, employer orders, labor legislation, contracts, internal regulations. Thus, the employer influences the employee with intangible methods, as a result of which the commission of an offense becomes less expected due to the fear of punishment.

For committing a disciplinary offense, the employer has the right to apply the following disciplinary sanctions:

Fine;
Removal from the work process;
Demotion;
Dismissal.

More details on this issue can be found in this article.

disciplinary sanctions with comments

Article 193 of the Labor Code of the Russian Federation indicates the procedure for applying such an action. It is impossible to apply several penalties at once for one offense. Only a certain type is selected and an order is issued based on it. Before issuing it, in some cases, a disciplinary investigation may be necessary to prove the employee’s guilt, but often it is enough to have certain facts and witnesses.

Is dismissal for disciplinary sanctions provided for under the Labor Code?

One of the most severe penalties is dismissal. However, there must be good reasons for it, as specified in Article 192 Labor Code. They are as follows:

systematic absenteeism;
actions that resulted in an accident or incident;
disclosure of secrets;
alcohol or drug intoxication;
theft.

Each point has its own nuances. For example, non-disclosure of secrets can become a reason for dismissal only if it is specified in the contract. As for absenteeism, it must be systematic, that is, the law does not provide for dismissal for one absenteeism. Moreover, a more lenient punishment should also be applied earlier. Additional information about dismissal under the Labor Code of the Russian Federation can be found.

Disciplinary measures under the Labor Code

In addition to dismissal, the Labor Code specifies such penalties as reprimand and reprimand. The first is a verbal warning, or a corresponding written order without recording work book. The second consists of official registration for more serious types of misconduct and can be entered in the work book if it is regular.

Regarding dismissal, it is important to add that it carries more serious consequences, since there will be not only a search new job, but also difficulties in the device due to a negative entry in the work book.

Material measures include fines that are illegal, deprivation of bonuses if provided for in the contract, or financial liability. Its use is likely to cause damage to the property of an enterprise.

Disciplinary sanctions against military personnel

Military personnel, along with employees, can also commit disciplinary offenses and, as a result, penalties are applied to them. This right may be exercised in accordance with Article 75 of this Charter. These include:

a severe reprimand or entered into a personal file;
outfits out of turn (up to 5);
ban on layoffs;
reduction of rank;
early dismissal from service;
determination for the position below;
disciplinary arrest or correctional labor.

In addition, material punishments are also applied to military personnel, such as deprivation lump sum payments or quarterly bonuses, as well as entering information into a personal card.

Disciplinary sanctions in the state civil service

For civil servants, the procedure and types of disciplinary sanctions are almost identical to the generally accepted ones, but, nevertheless, they have a number of differences. An additional penalty is a warning about incomplete performance. This is the so-called threat of dismissal. In such a situation, as a rule, the employee is demoted and offered other vacancies. If there are no such people, then he will be fired. The civil service also provides for an internal audit, on the basis of which the employee’s guilt is determined.

Appealing a disciplinary sanction

If the employer violates the procedure and deadlines for applying a penalty, the employee has the right to appeal it. The employer does not have the right to impose any type of punishment without requiring an explanatory note. You cannot punish an employee for being absent from work if he has sick leave. It is also prohibited to punish repeatedly for the same offense. All of the above gives the right to appeal against the penalty. In addition, some employers use material deductions from wages which are illegal.

An appeal is made within 3 months after disciplinary sanctions are issued; in case of dismissal, this period is reduced to one month. To do this, you should contact the labor inspectorate, the commission for official or labor disputes, or the court.

How can I appeal a disciplinary sanction to the Ministry of Internal Affairs?

The appeal of these sanctions by employees of the Ministry of Internal Affairs is no different from the generally accepted ones. To do this, they need to contact their immediate supervisor, the court or the commission for official disputes. Employees have a three-month period to appeal after reading the order. The dispute is considered within a month, and its appeal is possible only within 10 days after the decision is made.

Imposing a disciplinary sanction on an employee - grounds and procedure according to the Labor Code of the Russian Federation

The current Labor Code provides provisions on the basis of which it is possible to make a recovery. The employee is obliged to properly fulfill his duties prescribed in the contract, comply with discipline and labor safety rules. The list of grounds for punishment also includes gross violations, such as alcohol intoxication at work, absenteeism, theft, etc.

The procedure for applying punishment for employees is that it can be imposed on a specific person within a month from the moment the fact of its commission was revealed. An important clarification: sick leave is not included in this period. It is also important to understand that the statute of limitations is 6 months. If during this time the offense is not identified, it will become impossible to punish for it.

Order to impose a disciplinary sanction on an employee - sample

A sample reprimand order is not provided for by law, but the list necessary information should be as follows:

Company name;
number, date and title of the document;
reasons for compiling and description of the violation committed;
grounds for punishment - article of the Labor Code of the Russian Federation;
person responsible for execution;
signature of the manager and the offender;
seal of the organization.

Thus there are certain rules and the procedure for filing a disciplinary sanction. If they are violated, the employer loses this right.

Labor Code, N 197-FZ | Art. 193 Labor Code of the Russian Federation

Article 193 of the Labor Code of the Russian Federation. The procedure for applying disciplinary sanctions (current version)

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action, with the exception of disciplinary action for failure to comply with restrictions and prohibitions, failure to fulfill obligations established by law Russian Federation on anti-corruption, cannot be applied later than six months from the date of the commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. Disciplinary sanctions for failure to comply with restrictions and prohibitions, failure to fulfill obligations established by the legislation of the Russian Federation on combating corruption, cannot be applied later than three years from the date of the commission of the offense. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

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Commentary to Art. 193 Labor Code of the Russian Federation

1. The commented article establishes the procedure (rules) for bringing employees to disciplinary liability.

In accordance with Part 1 of this article, the employer, before applying a disciplinary sanction, must require an explanation from the employee in writing. Such an explanation is necessary to clarify all the circumstances of the commission of a disciplinary offense, its illegality, as well as the degree of guilt of the employee who committed the offense. However, the employee’s failure to provide a written explanation is not an obstacle to the application of a penalty. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up. In the event of a dispute about the legality of applying a disciplinary sanction, such an act will be evidence of the employer’s compliance with the rules for bringing to disciplinary liability.

2. Part 3 of the commented article limits the possibility of applying disciplinary sanctions to certain statutes of limitations.

A disciplinary sanction can be applied to an employee no later than one month from the date of its discovery. The one-month period for imposing a disciplinary sanction is calculated from the day the offense was discovered. The day of detection of the misconduct, from which the month period begins, is considered the day when the person to whom the employee is subordinate for work (service) became aware of the commission of the misconduct. It does not matter whether this person has the right to impose disciplinary sanctions.

The period established for applying a penalty does not count the time during which the employee was absent from work due to illness or being on vacation. In this case, vacation that interrupts the flow of a month includes all vacations provided by the employer in accordance with the law, incl. annual (main and additional), vacations in connection with training in educational institutions, leaves without pay (clause 34 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

In cases where dismissal is applied as a disciplinary sanction, the specified period does not also include the time required to comply with the procedure for taking into account the opinion of the representative body of employees, if taking such an opinion into account is mandatory (Article 82, 373 of the Labor Code, see comment. to them).

The employee’s absence from work for other reasons, incl. in connection with the use of rest days (time off), regardless of their duration (for example, with a rotational method of organizing work), does not interrupt the flow of the specified period.

When applying a disciplinary sanction in the form of dismissal under sub. "g" clause 6, part 1, art. 81 of the Labor Code, the monthly period is calculated from the date of entry into force of a court verdict or resolution of a judge, body, official authorized to consider cases of administrative violations (clause 44 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).

It is not permitted to apply a disciplinary sanction after one month from the date of discovery of the offense or after six months from the date of its commission. If a disciplinary offense is discovered as a result of an audit, inspection of financial and economic activities or an audit, the employer has the right to apply disciplinary action to the employee within two years from the date of the offense. The time frame for the criminal proceedings does not count towards the specified time limits.

3. For each disciplinary offense, only one disciplinary sanction can be applied to an employee. However, in cases where failure to perform or improper performance due to the fault of an employee of the labor duties assigned to him continued, despite the imposition of a disciplinary sanction, the employer has the right to apply a new disciplinary sanction to him, incl. dismissal on the basis of clause 5, part 1, art. 81 TK. It must be borne in mind that the employer has the right to apply a disciplinary sanction to the employee even when, before committing the offense, he filed an application for termination of the employment contract on his own initiative, since labor attitude in this case, it terminates only upon expiration of the notice period for dismissal (clause 33 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

However, an employee who has terminated his employment relationship with the employer cannot be subject to disciplinary action.

Disciplinary action is applied by the head of the organization. Other officials may apply disciplinary sanctions if such powers are granted to them by the relevant documents (charter of the organization, order of the manager, etc.).

Application of penalties for committing a disciplinary offense is a right, not an obligation of the employer. Therefore, the employer may, taking into account all the circumstances of the case, not impose a penalty on the employee who has committed a disciplinary offense, but limit himself to a conversation with him or an oral remark. When applying disciplinary action, it is necessary to strictly adhere to the rules established for this purpose. If, when imposing a disciplinary sanction, these rules are violated by the employer, the body considering the labor dispute about the legality of imposing a sanction may recognize the application of the disciplinary sanction as unlawful.

4. The application of a disciplinary sanction is formalized by an order (instruction) of the employer. The order (instruction) indicates the basis for applying the penalty, i.e. the specific disciplinary offense for which the employee is subject to disciplinary action, and its type (remark, reprimand, etc.). It must be borne in mind that in the event of a disciplinary sanction in the form of dismissal, one dismissal order is issued, and not two separate orders (an order to impose a penalty in the form of dismissal and an order to terminate the employment contract), as is sometimes the case in practice . Solution Supreme Court: Determination N 5-КГ17-96, Judicial Board for civil cases, cassation

Since dismissal under clause 5 of part 1 of Article 81 of the Labor Code of the Russian Federation is one of the types of disciplinary sanctions, it is subject to the procedure for applying disciplinary sanctions established by Article 193 of the Labor Code of the Russian Federation. Article 193 of the Labor Code of the Russian Federation stipulates that before applying a disciplinary sanction, the employer must request a written explanation from the employee...

Decision of the Supreme Court: Determination N 18-КГ17-34, Judicial Collegium for Civil Cases, cassation

Since dismissal under paragraph 5 of part 1 of Article 81 of the Labor Code of the Russian Federation is one of the types of disciplinary sanctions, it is subject to the procedure for applying disciplinary sanctions established by Article 193 of the Labor Code of the Russian Federation. Article 193 of the Labor Code of the Russian Federation stipulates that before applying a disciplinary sanction, the employer must request a written explanation from the employee...

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That is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following types of disciplinary sanctions:

comment;
rebuke;
dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other types of disciplinary sanctions.

The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

Before applying a disciplinary sanction, the employer must request from the employee.

If the employee refuses to give the specified explanation, a corresponding act is drawn up.

An employee’s refusal to provide an explanation is not an obstacle to applying disciplinary action.

For each disciplinary offense only one disciplinary action.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication. If the employee refuses to sign the specified order (instruction), a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee in state inspections pile or bodies for consideration of individual labor disputes.

If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.

The employer, before the expiration of a year from the date of application of the 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 employer is obliged to consider the application of the representative body of employees about violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of employees.

If the facts of violations are confirmed, the employer is obliged to apply disciplinary action to the head of the organization and his deputies, up to and including dismissal.

With special labor discipline, the procedure, terms of application and types of disciplinary sanctions may be different.

Bringing to disciplinary liability the head of the organization, the head of the structural unit of the organization, their deputies at the request of the representative body of employees

Bringing disciplinary action to the manager organization, leader structural unit organizations, their deputies at the request of the representative body of workers is regulated by Art. 195, part 6 art. 370 Labor Code of the Russian Federation.

Trade union bodies, in particular the trade union committee of the organization, have the right to monitor compliance with labor legislation. If facts of violation of labor legislation, local legal acts containing labor law norms, concealment of industrial accidents, failure to comply with the terms of a collective agreement or agreement are discovered in an organization, the trade union committee has the right to demand that the employer punish the head of the organization, its division or their deputies who are guilty of this.

The employer, upon application by the representative body of employees, usually the trade union committee, initiates disciplinary proceedings. It is characterized by the same stages as when identifying violations of internal labor regulations by an employee, which were outlined above. If the guilt of managers or their deputies in violating labor law norms is established, then the employer is obliged to apply “disciplinary action up to and including dismissal” to them (Part 2 of Article 195 of the Labor Code of the Russian Federation).

The employer informs the applicant (trade union committee) about the results of the disciplinary proceedings. The response period is not defined in labor legislation. However, it must include the time that the legislator sets for applying a disciplinary sanction to the military commander. 3, 4 tbsp. 193 Labor Code of the Russian Federation. Usually this is one month, and based on the results of an audit, inspection of financial and economic activities or an audit - two goals from the date of the disciplinary offense. If, due to the circumstances specified in the statement of the trade union committee, a criminal case has been initiated against the head or his deputy, then the period for reporting to the trade union bodies is extended for the duration of the proceedings in the main case.

Procedure for applying disciplinary sanctions

Procedure for applying disciplinary action The Labor Code of the Russian Federation is not regulated in detail. This often leads to disruption labor rights and employee freedoms.

Disciplinary proceedings as a legal relationship

Disciplinary proceedings are always a legal relationship, the main subjects of which are the employer and the employee. The content of a legal relationship is considered to be the rights and obligations of its parties. The current labor legislation enshrines mainly legal status employer. Analysis of disciplinary proceedings allows us to identify a certain set of rights of an employee who, in the opinion of the manager, violated the internal labor regulations. An employee is a full-fledged subject of legal relations within the disciplinary proceedings. He has the right to familiarize himself with all materials according to which he is accused of unlawful labor behavior, give his assessment of the content of the materials presented to him, and demand the provision of new materials. In complex disciplinary proceedings, an employee may request an audit, an inspection of financial and economic activities, or, if its results can resolve the issue of his guilt or innocence. The current legislation does not prohibit an employee from involving specialists or a representative of a trade union organization as consultants in disciplinary proceedings.

In this part, labor legislation still needs further improvement. Specification of disciplinary proceedings is possible in by-laws and local regulatory legal acts. This practice is typical, for example, for budgetary organizations. Ministries and departments develop and approve procedures for conducting performance reviews and applying disciplinary sanctions to state civil servants of their subordinate organizations. Such regulatory legal acts establish a detailed procedure for conducting official inspections and applying disciplinary sanctions to civil servants, the composition of the commission tasked with conducting the inspection, its powers and the processing of the inspection results. The by-laws of local regulatory legal acts specifically highlight a section that sets out the rights of the employee who is being inspected: to give oral and written explanations, submit petitions, get acquainted with documents during the inspection, appeal the decisions and actions of the commission that conducts the inspection.

A single disciplinary legal relationship can be classified as complex legal relations. It consists of a number of elements characteristic of each stage. Elementary legal relations are discrete, that is, they are interrupted in time and consist of certain parts. Thus, the employee’s right to submit petitions, get acquainted with documents, appeal the actions of the employer’s representative or the commission conducting the inspection corresponds to the corresponding obligation of the employer to consider a specific petition, provide the employee with the necessary documents for review, and consider the complaint filed by him. These legal relations can arise and end at each stage of disciplinary proceedings. This does not exclude its systemic nature, the unity of rights and obligations of participants in disciplinary proceedings.

Stages of disciplinary proceedings

Disciplinary proceedings include several stages.

Firstly, before applying a disciplinary sanction, the manager invites the employee to give a written explanation of the circumstances indicating that he has violated the internal regulations of the organization. If the employee refuses to provide the employer with an explanation in writing, a corresponding report is drawn up after two working days. This document must contain the following details: place and date of drawing up the document; last name, first name, patronymic, position of the compiler and employee, short description alleged violation of labor discipline; an offer to the employee to give an explanation and his refusal, actual or default; an explanation of what exactly was the employee’s failure to fulfill his job duties.

Secondly, the employer (his authorized representative- head of the personnel department, deputy director for personnel) will request from the employee’s immediate supervisor Required documents, confirming the employee’s violation of labor discipline, one hundred opinion on the selection of a certain (necessary in the circumstances) disciplinary measure for the violator.

Thirdly, assessing the materials collected on the fact of violation of internal labor regulations, the employer makes a decision about the guilt of the employee, i.e., whether he has committed a disciplinary offense.

Fourthly, before imposing a disciplinary sanction, the employer takes into account the severity of the offense committed and the circumstances mitigating the employee’s guilt.

Fifthly, in accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation, the employer exercises his right to apply disciplinary action to a violator of internal labor regulations or limit himself to other means of educational influence. The effectiveness of disciplinary action largely depends on this stage of disciplinary proceedings. Reducing it only to punishment is unjustified from both theoretical and practical points of view. The educational role of this stage depends on the personality of the employee, on his level vocational training, legal and moral culture. This is a rather complex and responsible process for the employer. Sometimes a conversation with the manager is enough to correct the offender, and in some cases the application of a disciplinary measure leads to confrontation and increased tension in the employer’s relationship not only with the employee, but also with the primary production team. For this stage, the pedagogical and psychological preparation of the leader as a manager is very important.

This stage ends with the adoption of an appropriate decision to punish the employee or, at the employer’s discretion, to leave the collected materials without movement. In practice, in the latter case, the employer does not issue any procedural act. The employer does the same if a minor violation of labor discipline is detected or there is insufficient material to establish it. In the latter case, the employee’s right to protection of “his labor rights and freedoms” (Article 2 of the Labor Code of the Russian Federation) is obviously violated, since the employee cannot protect his good name, honor and dignity. You can only appeal the relevant order of the employer, and not the negative opinion created during the investigation about the possible dishonesty of the employee.

Sixthly, the employer chooses a disciplinary measure and issues an appropriate order. An order (instruction) to apply a disciplinary measure is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the order (instruction) against signature, then the authorized representative of the employer draws up a corresponding act (Part 6 of Article 193 of the Labor Code of the Russian Federation). The details of the act are similar to those set out for the act of refusal to give an explanation for the fact of violation of internal labor regulations.

Disciplinary proceedings are subject to certain procedural time limits: one month and six months. Disciplinary action is not applied if more than one month has passed from the date of discovery of the misconduct. The monthly period does not include the time the employee is ill, on vacation, or the time required to take into account the opinion of the representative body of employees, if required by law (Part 2 of Article 82 of the Labor Code of the Russian Federation).

After the expiration of the six-month period, the employee cannot be subject to disciplinary action. When conducting an audit, inspection of financial and economic activities or an audit, the period during which a disciplinary sanction may be imposed is increased to two years.

The specified time frame does not include the time of criminal proceedings (Part 4 of Article 193 of the Labor Code of the Russian Federation).

Disciplinary proceedings are characterized by the rule that only one disciplinary sanction can be applied to an employee for the same disciplinary offense.

This does not exclude the application of administrative or criminal measures to the employee. A violator of internal labor regulations can also be disciplined, since deprivation of a bonus is not considered a disciplinary sanction.

Along with the mandatory stages of disciplinary proceedings outlined, it is also possible optional: 1) appealing a disciplinary sanction to bodies for consideration of individual labor disputes; 2) termination of disciplinary proceedings as a result of its review by the competent authorities, for example by a superior manager.

Removal of disciplinary action

Disciplinary action from a legal point of view is usually always a lasting condition, limited to a certain period within labor relations. If within a year from the date of application of the disciplinary sanction the employee has not committed a new violation of the internal labor regulations, then his state of punishment ceases, and the violator, in accordance with Part 1 of Art. 194 of the Labor Code of the Russian Federation “is considered not to have a disciplinary sanction.”

Before the expiration of one year, the employer can remove a disciplinary sanction from an employee either on its own initiative or at the request of his immediate supervisor or an elected representative body (trade committee). The initiative can also come from the violator of labor discipline himself. In accordance with Part 2 of Art. 194 of the Labor Code of the Russian Federation may make such a request to the head of the organization.

The state of punishment indicates a continuing systematic educational influence, which can be effective in organizing proper accounting of violators of internal labor regulations and monitoring their labor behavior. On medium and large enterprises The employer can assign these responsibilities to the immediate supervisors of the labor process, who keep special logs of violations and violators of internal labor regulations in the production teams subordinate to them.