Types of disciplinary sanctions

For committing an offense in the workplace, disciplinary sanctions are levied, the types of which differ from those for committing an administrative offense. They can be imposed only by the employer with whom the guilty employee signed the contract.

The types of disciplinary penalties provided for in Article 192 of the Labor Code are reprimands, dismissals and remarks. The grounds for their application are listed in several paragraphs of the first part of Article 81 of the Labor Code :

1) clause 5 - if the employee no longer fulfills his duties for a long time without good cause;

2) item 6 - if the employee has grossly violated labor duties once;

3) clause 7 - if such actions are committed that result in loss of confidence;

4) item 8 - if the employee has committed an act violating the norms of morality at the place of work;

5) clause 9 - if the head of the organization, his deputy or chief accountant makes a decision leading to damage to the property of the organization, as well as in case of misuse of property;

6) clause 10 - if the head of the organization or his deputies violate their duties one-time, but very rudely.

The types of disciplinary penalties envisaged in Article 192 of the Labor Code do not end there. For certain categories of employees, the charter on discipline or federal law may establish other penalties. However, they are applicable only to those employees who fall under their influence. And at the same time, it is a violation of the law when there are types of disciplinary actions that are not envisaged by the RF TC or the internal position of the organization on discipline.

The right to choose this or that punishment remains with the employer. He must take into account the gravity of the offense committed by the subordinate, and the circumstances under which he was committed. In addition, having taken into account all the conditions and reasons, the head may confine himself only to a remark or a conversation.

If an employee before filing a misdemeanor submitted to the management a statement of desire on his own initiative to terminate the employment relationship, the employer may apply to him the penalty before the end of the warning period. After the expiration of it, he can not punish the former employee.

Applying any kinds of disciplinary sanctions, the head must observe certain rules and procedures. If they are violated, the employee can file a claim with the court, which, after considering the case, recognizes the use of punishment as illegal.

So, before applying foreclosure, the employer must receive from the subordinate a written explanation. If the employee does not provide it within two days, a special act is drawn up which will serve as evidence of compliance by the head of the procedure for bringing the accused to justice in the event of a trial.

Since the day when an employee's misconduct is discovered, disciplinary punishment may be applied to him within a month, or within six months from the date of his commission. After this period, he can no longer be punished. During this period does not include the time of his stay on leave (except for compensatory time off) or on a sick leave. And it does not matter who first learned about the misconduct: the employer himself or someone from the staff. If the guilt of an employee is related to financial activities, the manager is entitled to apply to him the penalty for two years from the date of the commission.

For one disciplinary violation only one disciplinary punishment is allowed. However, if the measures taken by the employer did not lead to a change in the situation, it can use another penalty.

The same kinds of disciplinary sanctions are applicable to the leaders of organizations themselves. However, the specific nature of their powers stipulates a special procedure for bringing these persons to justice and additional grounds for that.