The reprimand at work: the consequences, grounds and procedure for issuing

The most severe disciplinary penalty is reprimand at work. The consequences of it can be very different, beginning with the deprivation of employee bonuses and other incentive payments and ending with dismissal. At the same time, the employer must take into account the seriousness of the offense committed by his subordinates.

Definition

A reprimand at work, the consequences of which may not be the most pleasant, is a serious disciplinary punishment, and if the rules of the organization are repeatedly violated, it can lead to dismissal. When he is announced, the head must issue an appropriate order. Only in this case a reprimand at work, the consequences of which do not have the best effect on the employee's work activity, will have legal force. It is considered a more serious penalty than a remark. It should also be concluded that a reprimand at work, the consequences of which may not have the best effect on the reputation of a subordinate, if re-announced, will be the basis for the termination of service relations with the employee.

The order of the reprimand

The reprimand must be applied by the superior to the subordinate only in accordance with the labor code. In this case, the human resources specialist needs to take a written explanation from the employee. In order to make it, a subordinate is given two days. If the latter refuses to write an explanatory note, an appropriate act is drawn up in which it is recorded. After that, the employer issues an order to bring the employee to disciplinary liability. The procedure and grounds for issuing a reprimand are prescribed in article 193 of the Labor Code.

The order must be handed over to the employee for signature for inspection within three days after it is drawn up. In the event that the latter refused to sign it, this is recorded in the act.

Term

In order for the chief to bring his subordinate to account for violation of the labor regulations, he must document this fact in writing. The period for imposing a reprimand on the employee is one month. This period is counted from the moment when the head learned about the offense of the subordinate. If more than six months have passed, then it is no longer possible to bring a person to disciplinary responsibility.

Appeal

The reprimand is considered the most severe punishment for the guilty employee. Because it is not uncommon for people to be fired from the organization after the next disciplinary proceedings. In addition, the reprimand deprives the employee of the opportunity to receive a bonus, as well as other incentive payments.

Nevertheless, in practice, there are situations when the involvement in the disciplinary responsibility was not entirely correct and lawful. In this case, the subordinate can apply to several instances:

- in the commission for the settlement of disputes arising between the manager and the employee;

- to the judicial authority;

- in the labor inspection.

All these methods of influencing the boss in the future will allow him to prevent similar violations against people who have been reprimanded at work. How can you appeal against him in this situation? This question is asked of every second employee who was in such a situation. It is best to write a letter to the labor inspectorate and explain the whole situation, attach documents. In practice, this is considered the most effective way to influence the manager. In addition, you can apply to a qualified lawyer who will help to make a statement to the court and will consult on all relevant issues. Therefore, if the chief told the employee a reprimand for work, tolerate or defend himself - it is necessary to solve only the latter. If a person has indeed violated the labor discipline, it is best to remain silent and continue to carry out his duties. In the event that the employer reprimanded unjustifiably, one must try to protect their interests by lawful means.

Effects

As the TC says, information about the declared subordinate reprimand is no longer included in his work book. Nevertheless, a citizen is considered to be brought to disciplinary responsibility within one year. But in exceptional cases, the manager can release the employee from him and earlier, if he does not violate the rules of the organization's schedule.

In addition, all persons on whom disciplinary punishment was imposed are interested in the question of what are the legal consequences of reprimand at work. And they can be quite serious, up to dismissal on the initiative of the leadership of the organization. Also, the announcement of reprimand will hit the money proceeds of the offender, because in such cases employers lose their premiums and other incentive payments.

Practice shows that courts do not abolish disciplinary punishments of management, which are imposed on guilty employees repeatedly, after which the termination of service relations occurs. Therefore, the consequences of announcing a reprimand can be either minor, or rather deplorable, if a person commits a repeated violation of the rules of the organization's order.

Ability to foreclose

The employee is held liable for violation of labor discipline in the period up to one year. After that, the recovery from it is automatically removed. The reprimand at work, the consequences and methods of appeal are provided for by the LC RF.

In addition, you can remove the penalty ahead of schedule, but only if such action is approved by the head of the organization. The employee also has the right to ask the head in writing to remove from him the reprimand, but only if he confirms the fact of his correction. To do this, the employee must, during the entire period of time before it is imposed a penalty, not to commit other misconduct that would violate the work schedule.

Differences

A reprimand and a remark are types of disciplinary penalties. There are no significant differences between them. Therefore, it should be understood that the remark is the softest, and the reprimand is the most severe penalty that is applied to the employee before dismissal. Nevertheless, Art. 192 TC of clear definition of each species does not provide. What is the difference between a reprimand and a comment? This question is asked by all people, without exception, who violated the labor regulations. In addition, these two types of penalties have the same terms of application and certain consequences in the form of dismissal, especially if both the reprimand and the remark have already been announced to the employee more than once.

Sample

The reprimand is issued in writing in the form of an order or an order of the head. It must be signed by the employee within three days. There is no specific form of registration of an order, therefore, in each organization it is drawn up in its own way and looks approximately as follows.

Name of the enterprise _________________________

Order No. ____________

Date _________ city ________________

On announcing a reprimand

Due to the fact that the senior master __________ (FIO) was absent from the workplace for two hours from ______ to _______ without valid reasons, guided by Art. Art. 192 and 193 TC;

I ORDER:

Declare an employee (FIO) a reprimand for violation of the labor schedule provided for by the TAC of the organization on the basis of Art. 192 TC.

Responsible for the execution of this order to entrust to the head of the sales department _______ (FIO).

Head of the organization ______________ (signature)

Explanation

It should be written before the head announces an employee reprimand. For this, the employee is given two days. In addition, the explanation does not need to be made in writing, it can be given verbally in a conversation with the leader, supporting your words with certain evidence. If a person was late for work, because he became ill, and he went to the doctor, then this must be confirmed by a certificate from the polyclinic. If the reason for the delay is valid, the chief will not be able to apply the penalty to the subordinate. In the event that two days later the employee will not be explained about his violations of labor discipline, an act must be drawn up on the basis of which the reprimand will be pronounced. At the same time, a dissatisfied subordinate can appeal against him in court or write a complaint to a specialized inspection.

Characteristic

Many personnel specialists who have been working for a long time in the same place in the organization and do not violate the labor regulations do not know what a reprimand is, how to correctly declare and remove it. This question can give a full answer to the LC RF. A reprimand as a strict disciplinary sanction is applied to the guilty employee before dismissal, as well as after a previous observation, for example, about the constant delays in work. In this case, the employee may be deprived of bonus payments and other funds. After using the reprimand for the second time, the employee can also be dismissed for violating labor discipline. In this case, even when appealing to the judiciary to appeal the decision of the head, the authority will be on the side of the chief if he provides confirmation that the termination of the service relationship was legal and justified.

A responsibility

In the event that an employee writes a complaint to the labor inspectorate about the fact that the manager unreasonably applied disciplinary punishment to him, an inspection will be scheduled with the requisition of all documents. The same can be done by the judicial body, if a person applies to this body with a statement. In the event that it turns out that the penalty to the citizen was used illegally, the legal consequences of the reprimand at work will not be taken into account even when the person is next brought to justice. In addition, the head will have to pay to his employee all retained premiums and other incentive allowances. Also, the organization can be held accountable, according to the Code of Administrative Offenses.

In the event that the employee was dismissed on the initiative of the management for not following the rules of the organization's order, but the court found such termination of the employment relationship illegal, the subordinate has the right to compensation for harm. He will also need to pay all the premiums and premiums withheld. After which he will be reinstated in his post and continue to perform his duties.