The legislation provides different types responsibility for committing certain illegal actions. Violations committed within the framework of labor (official) activities entail the imposition of disciplinary sanctions. One of them is the announcement of incomplete official compliance. What does it mean This measure and what consequences it entails, we learn from the article.
This normative act contains Art. 57, establishing a list of disciplinary sanctions for civil servants. For the commission of an offense by an official, the employer has the right to declare:
The most severe penalty is dismissal.
A disciplinary offense is considered to be improper performance or failure by a civil servant to fulfill official duties assigned to him.
After recording the fact, a request for explanation is sent to the civil servant. It can be sent by mail or delivered in person against signature.
The civil servant must provide his explanations within two days. If this is not done, the manager draws up an act.
Based on the circumstances of the incident, a conclusion is drawn up based on its results.
Based on the information received, the manager assesses the nature and severity of the offense and determines the amount of damage.
After this, an order is issued. The civil servant must be familiar with it. In addition, the manager explains to him what the consequences will be if the person does not correct the situation.
A civil servant can be brought to justice within a month from the date of discovery of the fact of committing an offense. This period does not include the following periods:
If a violation was discovered during an audit or other inspection, the period during which penalties can be applied increases to two years. This period does not include the time of the criminal investigation.
The duration of the sanction is 1 year. To have the penalty lifted, the employee must correct the violations. In addition, he must not commit new offenses for a year.
The legislation, however, allows for early withdrawal of penalties for:
As for military personnel, the removal of penalties is carried out in accordance with Art. 35 of the Disciplinary Charter. This is allowed if it is established that the educational function of the sanction was implemented, and the serviceman corrected himself by exemplary performance of duty.
According to Article 106 of the Charter, a disciplinary sanction can be lifted from a serviceman due to the expiration of the term. However, this rule does not apply to cases of declaration of incomplete compliance. The fact is that this sanction presupposes the establishment probationary period, during which the person must correct the violation.
If a serviceman does not comply with the instructions of the leadership that imposed a penalty on him, he may be demoted or early transferred to the reserve. Meanwhile, dismissal will be considered lawful if the person’s failure to correct behavior is considered an independent disciplinary offense.
Federal Laws No. 76 and No. 79 do not establish cases when disciplinary sanctions cannot be imposed on the perpetrators, including a warning about incomplete compliance. Consequently, liability measures can be applied to absolutely all military personnel and civil servants. However, this conclusion is not entirely correct.
Penalties such as a reprimand, warning and reprimand can be applied to those responsible in any case if there are grounds for it. However, pregnant women, single mothers and some other persons classified as socially vulnerable categories cannot be dismissed from either government or military service. Removal from office in such situations would be contrary not only to the provisions of the Labor Code, but also to the Constitution.
The person to whom the penalty is applied has a number of guarantees established by law. In particular, the subject has the right to challenge the manager’s decision in court. As practice shows, dismissals are mostly appealed. With regard to the declaration of non-compliance, employees generally seek to correct their behavior under penalty of stricter liability.
Of course, the subject can also challenge the decision if he is sure that he did not commit any violations, and his actions fully complied with the established regulations. Usually, warnings, reprimands, and comments are issued lawfully for specific violations.
In legal practice, there are four types of liability: disciplinary, administrative, material, criminal. As a rule, criminal liability is the most frightening, since its consequences are prison and confiscation of property.
Material and administrative are expressed in the form of payment of fines, and disciplinary “puts an end to” the employee as an official.
What it is
Disciplinary sanctions are measures to punish the guilty person with whom a service contract or employment contract has been concluded. A disciplinary sanction is imposed if the essence of the guilt is proven and obvious to the employer’s representative. The reason for initiating the procedure may be not only obvious tardiness, absenteeism, but also failure to comply
job responsibilities
Rebuke;
Dismissal.
To justify the employer's actions, it is necessary to prove the guilt of the violator of discipline. If these facts are documented, then the procedure for declaring foreclosure begins. To keep everything legal, this controversial issue can be resolved by a commission on individual labor disputes.
Disciplinary sanctions for civil servants clearly do not differ from the generally accepted ones.
After all, the status of a state executor requires compliance with prohibitions and restrictions, and anti-corruption legislation.
For ordinary people, the line between a reprimand/remark and a warning/dismissal is unclear. These penalties seem to duplicate each other.
But the legislator clearly defines that the specified “disciplinarians” are located on the list from a lesser measure of responsibility to larger and more fateful events.
On the one hand, the remark is seen as more of a verbal reprimand. On the other hand, you cannot promise a reprimand under the article even to your enemy. An oral remark is still formalized in in writing
. Before the start of the proceedings, the guilty person is warned about the start of an internal investigation. From now on, he has the right to give oral and written explanations.
If the person who violated the job description, employment contract and other Rules refuses to give an explanation, then a report is drawn up about this fact. A reprimand, like a reprimand, is declared by order of the superior. Since then, the official paper has been filed in the employee’s personal file. And we must not forget that after the second disciplinary action
Dismissal will follow within a year. A warning about incomplete job performance is a threat to dismissal.
As a rule, the employee “on duty” is warned that he will be demoted.
He will be offered other vacant positions corresponding to his level of education and qualifications. But what happens if the employer has no available vacancies? Then the negligent employee will have to leave his place of work.
Dismissal as one of the types of disciplinary liability is imposed in cases where the violation provoked a conflict of interest, complete distortion of data, errors-discrepancies in documents by 20 percent or more, distorting reliable data. Dismissal due to violation job descriptions
Official discipline in the workplace Various types of disciplinary sanctions stimulate competent work
civil servants, a responsible approach when making decisions that fall within their competence. They also call for respect for public order and discipline.
Clear standards for the distribution of working hours are described in the Labor Code and any rejection of them may lead to punitive measures from higher authorities. Service discipline is regulated by Article 56. From the point of view of legislators, this is - for efficient work.
The daily routine and lunch breaks are discussed at the level of management and trade union associations, if any, and are fixed by regulations. Naturally, along with the stick, there must also be a carrot. Therefore, the legislation provides different kinds
incentives.
Other forms of encouragement. Incentives and rewards have a psychological motive and encourage positive emotions.
At the same time, disciplinary types of responsibility indicate the opposite. The employer, as it were, indirectly communicates that he is not satisfied with the employee’s work, his job and personal characteristics. After all, the civil service is a place of employment where those who can apply good example
The procedure for applying disciplinary sanctions against civil servants
The procedure for applying disciplinary sanctions is regulated in Article 58 of the Civil Service Law.
The Civil Service Law protects persons holding civil service positions. Therefore, only one month is given to announce a reprimand, reprimand and other measures.
These 30 days are counted from the moment of documentary recording of the offense (inspection report).
If the employer (representative of the employer) did not meet this deadline, then let him blame himself.
A different procedure exists for inspections of financial and economic activities. If the organization has been audited and an audit has occurred, then 2 years are given to declare a disciplinary sanction. This period does not include time spent on legal proceedings. In general, the employer has 6 months to begin punitive measures.
Periods of temporary incapacity for work and vacations are excluded from this time period.
So if a government employee is on parental leave or on long-term sick leave, then the employer does not have the opportunity to punish him “to the fullest extent of the law.
The validity period of a disciplinary sanction such as a reprimand or reprimand is exactly one year. After a year, it is removed from the employee. No one has the right to punish an employee again for the same offense.
Disciplinary sanctions against civil servants are effective methods of combating corruption, anti-moral behavior and non-compliance with the Code of Conduct and Internal Labor Regulations.
Any person who assumes certain official responsibilities must understand the extent of responsibility for violations of the Laws. Hello, Nikolay. One of the types of legal liability of military personnel is disciplinary liability, which is regulated by Art. 28 of the Federal Law "On the Status of Military Personnel" and the Disciplinary Charter of the Armed Forces
Russian Federation
One of the measures to bring military personnel to disciplinary liability is the imposition of a disciplinary sanction in the form of a warning about incomplete service compliance.
In order to be able to define the concept of “warning about incomplete official compliance,” it is necessary to clarify what includes official compliance or, as a synonym, the more common concept of “compliance with the position held.”
In this statement, this term is not disclosed in the legal acts of the Ministry of Defense of the Russian Federation. Nevertheless general provisions containing quality characteristics military personnel, determining compliance with their official purpose, are contained in the Instructions on the procedure for organizing and conducting certification of officers and warrant officers (midshipmen) of the Armed Forces of the Russian Federation, approved by the Order of the Minister of Defense of the Russian Federation "On the procedure for organizing and conducting certification of officers and warrant officers (midshipmen) of the Armed Forces of the Russian Federation Federation" dated April 6, 2002 N 100:
Level of professional training, knowledge of general military regulations, manuals, duties in the position occupied military position and their implementation, readiness to perform duties during transfer from peacetime to wartime and in wartime, improvement of professional knowledge in the system of commander (professional and official) training and independently, academic degree and academic title, ability to apply acquired knowledge in practice, field of activity, in which the certified person showed the greatest abilities and achieved high results, the presence of combat experience;
Personal discipline and diligence, demanding of oneself and subordinates;
Organization in work, ability to determine the main direction in providing high level combat and mobilization readiness, the ability to efficiently carry out assigned tasks, show initiative, quickly navigate and skillfully act in a difficult environment;
The ability to lead, train and educate subordinate personnel and combine high demands with care for them;
Assessment of the state of the unit (military unit, formation, association) commanded, or the area of work for which the certified person is responsible (discipline, staffing level, combat and mobilization readiness, combat training, development military equipment and weapons, the state of weapons, military equipment and material and technical means, the state of commander (professional and official) training, the presence of a reserve of candidates for promotion to senior positions, directions to study and work with them, the quality of work with junior officers and so on.);
The ability to critically evaluate one’s activities, a creative approach to business, perseverance in fulfilling official duties, authority in the military team, the ability to organize the protection of state secrets, moral and psychological qualities;
State of health in accordance with medical reports, performance and physical fitness.
Based on the foregoing, we can conclude that service compliance should be understood as conscientious fulfillment of legal requirements for a military personnel undergoing military service under the contract, and personal discipline. As a consequence, incomplete service compliance is non-fulfillment or improper fulfillment of legal requirements imposed on a serviceman undergoing military service under a contract, and low personal discipline of the serviceman.
Having defined the concept of incomplete official compliance, we can define the concept of a warning about incomplete official compliance. Thus, it should be understood as a measure of disciplinary action that warns of a military serviceman’s poor organization of his activities related to the performance of duties in his position, or of a dishonest attitude towards the performance of the duties of military service in general. The function of this warning is to prevent the military personnel from committing gross disciplinary offenses specified in Appendix 5 to the Charter, or to eliminate shortcomings in the organization of their activities and correct their behavior by exemplary performance of military duty. Failure to comply with these requirements will result in certain legal consequences in the form of demotion or early transfer to the reserve.
When imposing a disciplinary sanction in the form of a warning about incomplete service compliance, the nature of the offense, the circumstances in which it was committed, its consequences, the previous behavior of the perpetrator, as well as the duration of his military service and the degree of knowledge of the procedure for performing service are taken into account.
The peculiarity is that the specified disciplinary sanction can be imposed only on officers (Article 69 of the Charter) and warrant officers (midshipmen) (Article 62 of the Charter).
At the same time, the Charter differentiated the categories of commanders who have the right to impose the specified penalty on military personnel. Thus, commanders (chiefs) from the regiment commander and above have the right to issue a warning about incomplete service compliance to officers, and to warrant officers - from the commander of a separate battalion (ship of the 2nd rank), as well as the commander of a separate military unit, using in accordance with Art. 11 of the Charter by the disciplinary authority of the battalion commander (ship of rank 3).
It should be noted that punishment in the form of a warning for incomplete official compliance plays a dual role:
Firstly, as an independent penalty, having a moral, psychological, educational nature, aimed at correcting the military person’s behavior by exemplary performance of military duty;
Secondly, as a warning that a more severe punishment in the form of early dismissal from military service or demotion in rank may be applied to the serviceman in the future.
Drawing an analogy with the grounds for imposing a penalty in the form of early transfer to the reserve (Article 104 of the Charter), we can come to the conclusion that the penalty “warning of incomplete service compliance” is imposed on a serviceman for failure to comply with the terms of the contract, for committing an offense that discredits the honor of a serviceman, and in cases where a serviceman has ceased to meet the requirements established for him in accordance with the Federal Law "On military duty and military service" requirements.
It is important to note that the penalty of “warning about incomplete official compliance” in accordance with Art. 102 of the Charter is applied once during the serviceman’s tenure in his regular position, however, during the entire period of service it can be imposed on the serviceman more than once, provided that he changes positions.
By general rule A disciplinary sanction imposed on a serviceman may be lifted in accordance with Art. 35 of the Charter as an incentive after it has played its educational role and the serviceman has corrected his behavior by exemplary performance of military duty, and also in accordance with Art. 106 of the Charter - due to the expiration of the term. However, when this penalty is imposed, its removal due to the expiration of the period is excluded, since Art. 102 of the Charter defines a period for correction, which can be considered probationary. The above-mentioned adverse consequences may not occur only under one condition: if the serviceman, who was subject to a penalty in the form of a warning about incomplete performance, corrected his behavior by exemplary performance of military duty, the penalty played its educational role and was therefore lifted.
If within a year, but not earlier than its expiration from the date of imposition of the penalty, the serviceman has not corrected his behavior by exemplary performance of military duty and the penalty has not played its educational role, he is presented in in the prescribed manner to demotion or early dismissal from military service into the reserve. But it should be noted that the early dismissal from military service to the reserve of a serviceman to whom a disciplinary sanction has been applied in the form of a warning about incomplete service compliance can be considered legitimate provided that his failure to correct his behavior by exemplary performance of military duty is considered as an independent disciplinary offense.
Thus, the following conclusions can be drawn:
Incomplete official compliance - non-fulfillment or improper fulfillment of legal requirements for a serviceman performing military service under a contract, and low personal discipline of the serviceman;
A warning about incomplete official compliance is a disciplinary measure warning about a military serviceman’s poor organization of his activities related to the performance of duties in his position, or about a dishonest attitude towards the performance of the duties of military service in general;
The function of warning about incomplete service compliance is to prevent the military personnel from committing gross disciplinary offenses;
Disciplinary action in the form of a warning about incomplete official compliance plays a dual role: as an independent penalty and as a warning about a more severe punishment;
The specified penalty can be imposed only on officers and warrant officers (midshipmen);
The penalty in question is imposed for the serviceman’s failure to fulfill the terms of the contract, for committing an offense that discredits the honor of the serviceman, and in cases where he has ceased to meet the requirements established for him in accordance with the Federal Law “On Military Duty and Military Service”;
This penalty is applied once during the serviceman’s tenure in his regular position;
Consequences of imposing the specified penalty: if educational influence is not achieved - demotion or early dismissal to the reserve;
The penalty in question is lifted only after it has played its educational role and the serviceman has corrected his behavior through exemplary performance of military duty.
Disciplinary action in the form of a warning about incomplete performance is one of the most severe disciplinary sanctions imposed for gross violations, on a par with demotion and early dismissal from military service.
Law in the Armed Forces, 2005, N 11.
I was given a warning about incomplete performance for temporarily performing duties in place of a military personnel on leave. Is this legal? Andrey. Please clarify with reference to the legal norms for going to court.
Hello, I am interested in this question. I hold the position of platoon commander, I came from a business trip with part of the personnel, the battery commander remained on a business trip with another part of him. Upon arrival, I and some of the personnel were sent to...
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Hello. I am a soldier, an officer, a platoon commander. From 05/31/18 to 06/01/18 I was responsible for the unit, during my duty, a serviceman under my direct subordination, after clarification of the combat crew, left on personal time for...
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Dear lawyers, hello. I have incomplete official compliance and a suspended sentence. Does this prevent you from obtaining the military rank of senior lieutenant? Articles and charter?
I am doing military service under a contract on a ship. Can I receive the rank of midshipman, having a higher legal education, if I take up a position corresponding to the rank? My education is not related to the possible positions.
The penalty “Warning about incomplete official compliance” is retained when transferring to another military unit for an unequal position?
Hello, I have the following question: is it allowed to declare non-full service qualifications for cadets? After all, the charter says only about warrant officers and officers?
Hello! The fact is that my girlfriend was transferred to another unit to a higher male position! Then, to avoid negative consequences, found a position lower and set conditions either for this position or for another part 400 km from ours...
I’m a military man, I haven’t been able to get fired for a year and a half, I opened an individual entrepreneur for this purpose, the question is, what liability can they be held for opening an individual entrepreneur? An administrative or criminal fine, imprisonment or something similar? Preferably...
April 26, 2017, 12:04, question No. 1621528 Nikolay, Yuzhno-Sakhalinsk
Hello. I have repeatedly turned to your site for help, I want to turn to you again. A friend of mine has been sanctioned for incomplete official compliance, please tell me, can it be lifted ahead of schedule?
I was declared incomplete. Could I be fired soon? or do I have a year during which, under positive circumstances, I can apply for and remove the part-time service?
Good afternoon. Please tell me, I am a graduate of the UVC and have been serving as a platoon commander (senior lieutenant) for two years (since 02/10/2014). Now I have the rank of lieutenant. Am I now eligible for the next military rank of “senior...
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 kind of penalty for what violation of labor discipline can be applied to an employee in 2019 under the Labor Code of the Russian Federation.
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:
Understand in detail what types of disciplinary sanctions are provided Labor Code RF, and which ones - by other acts, the table will help.
| Kinds | Are common | Special |
| What are provided | Art. 192 Labor Code of the Russian Federation | Norms Federal laws, statutes, regulations on discipline |
| To whom do they apply? | To all employees working on employment contract, regardless of specialization | To certain categories (military personnel, civil servants, railway transport workers, employees in the field of nuclear energy etc.) |
| Types of penalties |
|
|
* 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 imposition of penalties, their provisions cannot be applied.
If work activity employee 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.), which means that, according to the Labor Code of the Russian Federation, only the following types punishments.
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:
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, 2018
About disciplinary action
Due to the absence of chief engineer A.P. Voikov from the workplace. December 14, 2018 from 09:00 to 10:00 without good reason.
I ORDER:
Announce a remark to the chief engineer Anatoly Vladimirovich Voikov.
Base:
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”.
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:
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 reprimand: 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, 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, 2019
About disciplinary action
Due to the absence from the workplace without good reason of the chief engineer Ignat Vasilievich Budko during the working day on December 13, 2019 from 9-00 to 18-00
I ORDER:
Reprimand chief engineer Budko Ignat Vasilievich.
Base:
Head of the organization: Gromov I.G.
Head of department: Lupko O.I.
Head of Human Resources: Tarasenko A.Yu.
The employee is familiar with the order: Budko I.V.
Disciplinary action in the form of dismissal is an extreme measure of punishment for an employee.
It applies in the following cases:
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 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:
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.
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 on a severe reprimand is contained in legal acts of federal significance, then this type penalties may be applied. For example, it is used by the military, prosecutors, firefighters and other categories of government employees.
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 a bonus only when the cases in which this is possible are listed in local regulations(Regulations on remuneration or bonuses, collective agreement, etc.).
The penalty may be imposed within one month from the date of:
The specified monthly period does not include:
Penalty cannot be imposed later*:
*the indicated periods do not include the period of criminal proceedings.
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 “renewed” from the moment of issuance last order 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.
Early removal of a disciplinary sanction is possible in the following cases:
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.
Every employee has the right to appeal a disciplinary sanction. If he does not agree with the employer’s decision, he can contact:
