The order of imposing a disciplinary penalty on an employee

The procedure for imposing a disciplinary penalty begins directly with the investigation of the incident and ends with a fine, reprimand or even dismissal. In some cases, all three types of punishment apply, if the offense was too serious. These are the most common varieties. But it should be noted that they are not the only ones. Depending on the situation, it may be decided to apply another type of punishment. It should not contradict the law.

The concept of disciplinary punishment

In order to better understand the problem, you need to clearly understand what it is. About what kinds and the order of imposition of disciplinary punishment happen, in more details it will be told below, and in this point it is necessary to dwell on the very concept from the point of view of legal relations. So, the main subjects are directly the employee and his employer. They act on the basis of those duties and rights that they possess in accordance with the legislation and concluded contracts. So, in the Labor Code of the Russian Federation there is only an indication of what the employer can do, but if you study this document in detail, you can find information about what is available or unavailable to the employee. For example, he has the right to learn the progress of the audit, its results, get acquainted with the documents and so on. Among other things, he can also express his opinion, attitude or even evaluate the actions of the inspectors, given data and other similar factors. In addition, if necessary, the employee has the right to demand additional checks, audits, attract outside specialists, the trade union and other persons who may somehow influence the final result of the investigation.

Violations

There is a huge number of misdemeanors, the result of which is the commencement of the investigation and official investigation. The order of imposing a disciplinary penalty implies that first the employee needs to be accused of something and to prove the fact that he is responsible for the situation. Most small, relatively minor episodes are resolved privately. It's enough just to talk with a potential culprit, point out to him that such actions are inadmissible, threaten possible consequences and so on. Usually, this is more than enough to not be repeated in the future (or it happened as rarely as possible). However, in another case, when the actions (or inaction) of the employee caused serious financial losses, there was a threat to the life or health of others, and so on, there really is a need for an internal investigation.

Types of penalties

In the Labor Code there is a fairly limited list of penalties for the perpetrator. Nevertheless, there is a reservation that it can be changed or supplemented at the request of the employer, if this is applicable to the current situation. The procedure for imposing a disciplinary penalty on an employee assumes that you first need to choose which penalty will be used. It can be really punishment "ruble", that is, the employee will be obliged to compensate for all expenses of the company, which she suffered because of his misconduct. In another, less serious case, you can do only with a written reprimand. But if, as a result of the misdemeanor, the situation has completely escaped control, resulted in casualties, significant losses, and so on, the culprit can be dismissed.

Procedure

The first thing a potential culprit can write is an explanation of what happened, from his point of view. In some cases, the position of the employee will absolutely not converge with what the prosecution says. In principle, he is not obliged to do this, but without an explanatory commission, which will deal with the problem, will not be able to take into account another point of view. So, if the employee does not want to write anything, he is given another two days, after which a special document is drawn up, in which this fact is fixed. Further, the procedure for imposing a disciplinary penalty on the RF LC believes that all evidence and evidence of actual guilt is collected. If everything is collected, the commission makes a decision taking into account all the information received. Be sure to take into account any factors that, one way or another, can mitigate an employee's fault. The next stage is the most difficult. The employer has the right to punish the culprit with all severity or simply conduct a nurturing conversation. What to choose - it's up to him. We need to focus on the relationships established in the team, the identity of the culprit, its importance for the enterprise, the number of violations in the past and many other factors. Immediately punished severely can not always be profitable. Sometimes it is quite enough simply to explain the degree of guilt and specify the conditions for further cooperation. In another situation, a really serious punishment may be required - up to and including dismissal. It is issued by a separate order.

Documenting

As you can see from the previous paragraph, there are several basic papers that must be drawn up in the course of an internal investigation and subsequent imposition of punishment. The first of them is an explanatory one. Nowhere is it indicated to which form it will be made, but usually they write to whom it is addressed, from whom they state the very essence, put the date and the signature. But if the offer to describe your point of view is followed by a refusal, then a special act is already drawn up. It should contain information about where and when the paper is made up, who compiled it, relative to whom, the description of the reason, and fixes the process of refusing to write explanations. All further documents practically do not have any requirements for registration. The only exception is the direct order to impose punishment. It is compiled in a standard form for such documents and is offered for signature to the culprit. He may refuse to sign the order, but in this case another act is drawn up, similar to the one described above.

Timing

The procedure for imposing a disciplinary penalty has a certain time. You can not punish an employee if more than a month has passed since the offense. It should be remembered that during this period holidays, sick leave and similar factors do not include. That is, you can not commit an offense and do not receive punishment. In addition, if the trial has already begun, it must be completed within six months, otherwise it can not be punished again. But, if the results required an inventory or an audit, the time during which punishment can be imposed increases to two years. Separately, it should be noted the loss of the prize. It is not included in the list of punishments, so that even without the trial itself, it is possible to deprive a potential culprit of such payments.

Cancel

In many cases, the procedure for imposing a disciplinary penalty on an employee and his appeal implies a certain period of validity of the punishment. Most often this is a one-time action such as a fine. But sometimes, especially at large enterprises, there may be other types of long-acting punishments. The simplest example is the deprivation of certain extra charges (if this is permitted by law) for an indefinite period. In this case, 1 year is always considered. Thus, after the term of punishment is completed, the employee, his immediate supervisor or other interested person may demand to remove the punishment. This can be done earlier, if the culprit really redeemed his actions, leading to recovery.

Features for the military

In the army, their orders are somewhat different from those used in the ordinary situation. For example, the procedure for imposing a disciplinary penalty on a serviceman does not imply an explanation of the perpetrator of the incident. In addition, the very severity of punishment can directly depend on the title of the military who committed the offense. If the problem arose when a citizen serving in the army is on alert, this can serve as an aggravating factor.

The military does not have many reasons that can be considered respectful. Differents and terms. In most cases, the punishment follows immediately after the misconduct or the next day. The maximum period is 10 days. Over the next decade, the culprit can file a complaint if he does not believe that the punishment is fair. If, at the time of the incident, the soldier is on duty, the penalty is assigned the day after the change of attire. The military, whose faults are in drinking alcoholic beverages, receive punishment only after they become sober. Separately, it should be noted that the higher command can both cancel the recovery, and tighten it, if such a need arises.

Civil servants

For this category of employees, there are practically the same rules as for ordinary employees of private companies. But the order of imposing a disciplinary penalty on a civil servant implies deviations. The most important of them can be considered that, in addition to the RF TC, when punishing the culprit, the Law on the Status of Servicemen can also be used. This does not apply to all civil servants, but it is necessary to take this factor into account. Among other things, the main document is different. In the case of an employee of a private company, the basic discipline is labor discipline. But civil servants do not have such a concept. In their case, a special service discipline is applied. It is regulated by legislation and regulations.

Organs of law enforcement

The procedure for imposing a disciplinary penalty on a police officer is established by a special Provision on service in internal affairs bodies. If you get into the essence of the problem, it becomes clear that the main differences from the RF TC are not so much. One of them is a more extensive list of possible punishments. If, in a typical situation, a fine is employed as a penalty for a private company employee, a reprimand or dismissal, then this list is slightly larger in the police. The culprit can be demoted in office or rank. He may be deprived of a badge or issued a warning that the employee does not fully correspond to the place occupied. In addition to the usual reprimand, there is such a thing as a "severe reprimand". As the most extreme measure, the procedure for imposing disciplinary punishment in the Ministry of Internal Affairs presupposes dismissal from the bodies. It should be noted that in most cases no written explanation is required from the culprit.

The result

For the basis of all options for investigation and punishment is taken by the RF TC. Even when the problem concerns servicemen, the Ministry of Internal Affairs or civil servants, it is still this document that is basic. Existing differences, although significant, but not global, and the general procedure for imposition of disciplinary punishment still implies several basic steps: committing a misdemeanor, establishing guilt, punishing and rehabilitating.