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What disciplinary action can be taken against employees. Issuance of disciplinary sanctions. Disciplinary action under the Labor Code of the Russian Federation

All people are different and approach work differently. Ideally, every person should strictly observe discipline and perform the work entrusted to him conscientiously. But it also happens: he performs his duties improperly or simply ignores them.

In this situation, the law provides appropriate norms for punishing the employee. Disciplinary action is a punishment for failure to perform labor functions or their incomplete implementation in practice.

What types are provided for by the Labor Code of the Russian Federation?

According to the Labor Code of the Russian Federation, there are the following penalties: reprimand, reprimand, dismissal. In addition to the main types, in some organizations it is possible to use others: a reprimand with the addition of “strict”, a warning “incomplete compliance”, transfer for a short period to a less presentable and lower-paid position.

The procedure for applying measures is formulated in Article 193 of the Labor Code of the Russian Federation.

The bottom line is that upon discovery of a misconduct, the guilty employee is obliged to immediately provide an explanation in a letter signed by him.

After two days have passed from the day of the demand for an explanation, in the absence of one, the employer has the right to draw up an act in which he must indicate the date of the demand for clarification and the actual absence of it. When an employee is unable to provide a written explanation for some reason, it is best for the employer to issue a written notice to the individual asking him to provide an explanation. But this must be done during the person’s working hours. Next, the employer begins to conduct an internal investigation.

The order of their application

To apply a penalty, it is necessary to collect evidence of a person’s guilt and only then make a decision by order.

The order must be completed correctly and contain the necessary information:

  • position and place of activity of the culprit;
  • the essence of the offense and articles of the law;
  • indication of the degree and severity of the violation;
  • type of punishment;
  • base.

It is important to know the time frame within which penalties can be applied. Term - one month from the day the offense was discovered, taking into account the employee’s sick time, if any, and the time of agreement with the trade union.

Besides this, there is one more circumstance. If six months have passed since the discovery of the misconduct, then the employee cannot be punished. True, this does not apply to financial matters, for example, if the misconduct was discovered as a result of an audit. Such issues are resolved within a two-year period.

The employee signs the order within three days. If a person refuses to sign, the boss prepares a new act on this matter. It must be signed by attesting witnesses, who should not have a personal interest, and by a representative of the enterprise administration.

The employee has the right to appeal the order of punishment to the labor inspectorate.

The employee, as soon as he has signed the contract and has begun his immediate labor functions, immediately receives the rights and responsibilities specified in the “job description” document.

According to regulatory documents, he must:

  • fulfill labor obligations;
  • comply with internal regulations and labor safety standards;
  • maintain the entrusted property in proper condition.

Labor discipline is an important component of work activity. It is fully regulated by the regulations of the organization. These are documents that establish the process of hiring and firing people and other features labor relations. However, a local act of an enterprise should in no case contradict the law.

When an employee stops fulfilling his direct duties due to fear for life and health, no one will punish him for this.

When choosing a penalty, you must take into account how serious the offense was and why it was committed. You cannot fire someone for a minor violation, otherwise your decision will be invalidated in court.

Dismissal can only be lawful under the following circumstances:

  • When an employee with a penalty continues, regardless of the reasons, to evade fulfillment of duties.
  • When there is a gross violation of discipline. This includes absenteeism lasting one working day, as well as more than 4 hours in a row.
  • Appearing at work in any category of intoxication.
  • The employee made public a secret known to him due to his official duties.
  • In case of theft, embezzlement or destruction of property, dismissal is guaranteed immediately when this fact is established in court.
  • For violation of labor protection conditions.
  • If the employee dealt with values ​​and lost the trust of the boss.
  • If a person at the workplace made an unreasonable decision, and this adversely affected the financial well-being of the organization.
  • If the manager grossly violated his job duties.
  • If the teacher violated the Charter of the general education organization during the school year.

In other words, different disciplinary measures may be applied in different industries, as set out in the Charter, regulations, and rules of a given organization. It is not allowed to use arbitrarily invented measures.

The above measures are unacceptable for punishing civil servants.

Important note: only one type of penalty can be applied for one offense.

If punishment is taken against an employee, it valid for one year from the date of issue of the order. During this period, repeated misconduct may result in automatic dismissal under Article 81. If after a year there are no more comments, then the penalty is considered lifted.

At the request of the direct employer or the request of the employee, as well as based on the request of the manager, the penalty can be lifted without waiting for the end of the year. To do this, you need to write a report. The personnel specialist has the right to make a special entry about the punishment in the employee’s personal file, more precisely, in his personal card. IN work book such information should not be reflected.

The procedure for issuing a penalty

After the immediate supervisor has found out all the causes and consequences of the misconduct and has prepared the necessary acts, he must send the following documents to his superiors:

  • A memorandum from persons related to the case.
  • A memo containing the essence of the incident.
  • Explanatory note from the culprit himself.
  • Explanatory statements from other persons involved in this case.
  • Document confirming the operating mode.
  • If necessary, additional documents needed to clarify.

If the measure is dismissal, it must be issued in the form of an order in a unified form with an exact indication under which article the employee was dismissed. There are no forms of orders for imposing penalties in the form of a reprimand or reprimand. They are published in free form.

Information about all types of punishments for guilty workers, their registration and others important nuances you can watch the video:

Consequences

  • An employee with a penalty may be deprived of his bonus.
  • An employee who has received a penalty and has repeatedly committed an offense may be suspended from work, that is, dismissed.

The employer needs to be careful about filling out all the necessary documentation. In order to avoid difficulties, all issues relating to his labor discipline must be discussed individually with each employee.

The organization is liable for violation of the procedure for applying penalties. If there is disagreement with the applicable measure and the employee complains to the labor inspectorate, the employer will be checked for violations during the investigation and application of punishment.

If the inspection finds a violation, the organization will be held administratively liable. The employee will be reinstated in service by legal proceedings, and he will receive compensation for causing moral damage. The organization must bear all costs of trials and inspections. In addition, damage will be caused business reputation company, credibility is lost.

Everyone seems to understand that every employee must conscientiously fulfill his or her job duties. However, what should an employee do if the employee violates labor discipline? And what should an employee do if he believes that he has suffered for no reason?
Unfortunately, not only do the majority of workers not know labor legislation, but also the heads of organizations often have never even opened the Labor Code. Therefore, the former suffer from the arbitrariness of their superiors, and the latter risk running into big trouble if their subordinates nevertheless seek the protection of the law.

Part 1. Types of disciplinary offenses

The basis for bringing to disciplinary liability is the commission of a disciplinary offense. According to Article 192 of the Labor Code of the Russian Federation disciplinary offense- this is the failure or improper performance by an employee, through his fault, of the labor duties assigned to him.
The same article states that the employer has the right to apply one of the following disciplinary sanctions:
- remark;
- reprimand;
- dismissal for appropriate reasons.
Federal laws, charters and regulations on discipline for certain categories of workers may also provide for other disciplinary action. First of all, such exceptions are provided for military personnel, civil servants and other public sector employees. For example, some laws establish disciplinary sanctions such as “severe reprimand” or “warning about incomplete official compliance.”
The Labor Code establishes the following rule: “the application of disciplinary sanctions not provided for federal laws, charters and regulations on discipline, that is, local regulations».
Thus, it is impossible to apply, say, a severe reprimand to an employee of a commercial company. It is also prohibited to apply various types of fines, as well as reduce wages as a disciplinary measure.
It should be noted that the law does not provide for a fundamental difference between a reprimand and a reprimand - so both can be used for the same reasons.
What is a legal reason for applying disciplinary action? Only failure to fulfill one’s labor duties established by law, employment contract, job description, internal labor regulations, orders and directives of the manager and other local acts of the organization. It is important to remember here that this obligation must be clearly stated in one of these documents - an oral order, as they say, cannot be attached to the case.
The most severe disciplinary action- this, of course, dismissal, which can be applied in two cases:
1) if an employee repeatedly fails to fulfill his job duties without good reason, if he has a disciplinary sanction (clause 5 of Article 81 of the Labor Code of the Russian Federation);
2) in case of a one-time gross violation of labor duties by an employee (clauses 6, 9 and 10 of Article 81, clause 1 of Article 336 and Article 348.11 of the Labor Code of the Russian Federation).
In the first case, as can be seen from the text of the law, the employee must have previously been subject to disciplinary action - a reprimand or reprimand, and this punishment has not been lifted.
Single gross violations of labor duties include:
- absenteeism (absence from work without good reason for more than four hours in a row during the working day);
- appearing at work in a state of alcohol, drug or other toxic intoxication;
- disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties;
- committing at the place of work theft (including small) of someone else’s property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, official, body authorized to consider cases of administrative offenses;
- determination by the labor protection commission or labor protection commissioner of a violation by an employee of labor protection requirements, if this violation entailed serious consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences.
It is also possible to dismiss under clauses 7 and 8 of Part 1 of Art. 81 of the Labor Code of the Russian Federation in cases where guilty actions giving grounds for loss of trust and an immoral offense, respectively, were committed by an employee at the place of work and in connection with the performance of his job duties.
A separate basis for dismissal at the initiative of the employer is provided for the heads of the organization, his deputies and the chief accountant (clause 9 of Article 81 of the Labor Code of the Russian Federation) -
making an unfounded decision that resulted in a violation of the safety of property, its unlawful use or other damage to the organization’s property.
On the topic " dismissal as a disciplinary sanction"We'll talk separately.

Part 2. Procedure for applying disciplinary sanctions

The procedure for bringing to disciplinary liability is regulated by Article 193 of the Labor Code of the Russian Federation. In general, this order consists of the following steps.
1. Initiation of disciplinary proceedings.
The head of the organization gets acquainted with the proposal to bring the employee to disciplinary liability, received from a person who does not have the right to impose disciplinary measures (for example, with an internal memo) or makes such a decision independently.
Here, an act of committing a disciplinary offense is drawn up, signed by several employees of the organization (usually the immediate supervisor, an employee of the HR department and someone else).
2. Explanations from the employee.
The employer is obliged to request a written explanation from the employee who allegedly committed a disciplinary offense.
If after two working days the employee has not provided an explanation, then the employee’s failure to provide an explanation is not an obstacle to applying a disciplinary sanction: another act is drawn up - about the refusal to give written explanations.
3. The manager’s choice of the type of disciplinary sanction and assessment of the possibility of its application.
When imposing a disciplinary sanction, it is necessary to take into account the severity of the offense committed and the circumstances in which it was committed, observing the following rules established by law:
- 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 necessary to take into account the opinion of the representative body of employees. The day the misconduct was discovered is the day when the immediate supervisor became aware of the misconduct, regardless of whether he had the right to apply disciplinary measures.
- disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and punishment based on the results of an audit, financial check economic activity or an audit – later than two years (the specified time frame does not include the time of criminal proceedings);
- for each disciplinary offense only one disciplinary sanction can be applied.
Disciplinary action is valid for one year from the date of use. 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 has the right remove disciplinary action from the employee and ahead of schedule - on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees. A corresponding order must be issued regarding the early lifting of a disciplinary sanction.
When imposing a disciplinary sanction, the following circumstances must be clarified:
- what the offense was, and whether this could be grounds for imposing a disciplinary sanction;
- whether the performance of actions that the employee did not perform or performed improperly was within the scope of his duties and what document provided for these duties;
- whether the employee is familiar with the local act, which stipulates the corresponding responsibilities;
- whether the employee had valid reasons for committing the offense;
- whether the terms and procedure for imposing disciplinary sanctions have been observed.
4. Issuing an order (instruction) on bringing to disciplinary liability (imposing a disciplinary sanction).
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 order (instruction) against signature, then again a corresponding act is drawn up.
A disciplinary sanction can be imposed only by the manager or a person who is vested with such powers in accordance with the local acts of the organization.
A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for considering individual labor disputes (a labor dispute commission, if the enterprise has one, or in court).

Part 3. Dismissal as a disciplinary measure

The list of cases of application of dismissal as a disciplinary sanction is clearly outlined by the Labor Code and is exhaustive. Incorrect application of this type of penalty can lead to an appeal in court and the reinstatement of the employee in his position and, accordingly, payment of compensation for forced absenteeism. And payment for forced absenteeism is made from the day the dismissal order is issued: only from this time absenteeism is forced.
Let's consider the grounds for applying dismissal as a disciplinary sanction.
Clause 5 of Art. 81 of the Labor Code of the Russian Federation provides for the termination of an employment contract for repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction.
To recognize such a dismissal as legal, the following circumstances must be met simultaneously:
1) the employee has a disciplinary sanction for the last working year, it has not been withdrawn or repaid;
2) the employee committed a disciplinary offense without good reason;
3) the employer requested from the employee a written explanation of the reasons for the labor offense no later than one month from the date of discovery of the offense and six months from the date of its commission (two years for an audit)
4) if the employee is a member of a trade union, then the opinion of the trade union must be taken into account.
In the dismissal order in this case the number and date of orders for previously imposed disciplinary sanctions, the essence of the offense, the date and circumstances of its commission, the consequences, the absence of valid reasons, the absence (presence) of an explanation from the employee must be indicated as the basis.
In addition, it is necessary to make a link to documents confirming the commission of an offense - an official memo, acts, etc.
Clause 6 of Art. 81 of the Labor Code of the Russian Federation provides for a single gross violation of labor duties by an employee as grounds for dismissal.
Clause 6 of Art. 81 of the Labor Code of the Russian Federation establishes the following grounds for dismissal.
1. Absenteeism(clause “a”) – absence from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift) ).
Paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 17, 2004 No. 2 states that dismissal on this basis can be made for the following violations:
A) leaving work without a valid reason a person who has entered into an employment contract for an indefinite period, without warning the employer of termination of the employment contract, as well as before the expiration of a two-week notice period (see Article 80 of the Labor Code of the Russian Federation);
b) absence from work without good reason, that is, absence from work throughout the entire working day (shift), regardless of the length of the working day (shift);
V) an employee staying for more than four hours in a row without good reason during the working day outside the workplace;
G) unauthorized use of time off, as well as unauthorized going on vacation.
TO valid reasons for the employee’s absence from the workplace the court usually considers those confirmed by documents or testimony:
- employee illness;
- delay of transport in case of an accident;
- accidents in the employee’s home, etc. circumstances.
2. Showing up for work alcohol, drugs or other toxic intoxication(paragraph “b”)
An employee who appears at any time of the working day (shift) in a state of intoxication, the employer is obliged to suspend from work on that day (shift). The removal of an employee is formalized by order. If the employee was not suspended from work, evidence of this basis is a medical report, a report drawn up at that time, witness testimony and other evidence. In any case, it is necessary to draw up an act of committing an offense.
Let us note that, according to the law, it is possible to prove the fact that an employee is in a state of intoxication without a medical report, but in practice this is quite problematic.
3. Disclosure of secrets protected by law– state, commercial, official and other, which became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee (clause “c”).
Here it is important to evaluate the following circumstances: does the organization have a trade secret protection regime, is the employee familiar with it, is the employee allowed access to information constituting a trade secret, etc. If at least one clause of the Federal Law “On Trade Secrets” is not observed, dismissal such a basis will be considered illegal.
4. Committing theft at the place of work(including small) other people's property, its waste, intentional destruction or damage, established by a court verdict or a relevant administrative resolution that has entered into legal force (paragraph “d”).
The key point here is the presence and entry into force of an act of an authorized state body - all internal documents (memos, inventory acts, etc.) have no force for dismissal on this basis.
5. Violation of labor protection requirements by an employee, if this violation entailed grave consequences or knowingly created a real threat of such consequences (paragraph “e”), if it was established by the commission or the labor protection commissioner.
Grave consequences include: an industrial accident, an accident, a catastrophe, the presence of which (or the presence of a known real threat of their occurrence) must be proven by the employer when considering the dispute in court.
The Labor Code also provides the following grounds for dismissal for a single gross violation of labor duties.
Committing guilty actions that give rise to loss of trust to him from the employer (clause 7 of article 81 of the Labor Code of the Russian Federation).
Only an employee directly servicing monetary or commodity assets can be dismissed on this basis, regardless of what type of material liability (limited or full) is assigned to him.
The employer must prove the mistrust of the employee (acts of calculation, weighting, shortage, etc.).
Commitment of an immoral offense by an employee performing educational functions, incompatible with the continuation of this work (clause 8 of Article 81 of the Labor Code of the Russian Federation).
An offense that contradicts generally accepted morality is immoral (appearing in public places while intoxicated, obscene language, fighting, degrading behavior, etc.). An offense can be committed not only at work, but also at home.
The employer will have to establish both the fact of the misconduct itself and the circumstances that impede the work activity of this employee as a result of such misconduct.
Dismissal of organization leaders(branch, representative office), their deputies and chief accountants for their adoption of an unfounded decision, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization (clause 9 of Article 81 of the Labor Code of the Russian Federation).
The unreasonableness of a decision is a subjective concept, so it is assessed by the employer. However, if the employee disagrees with this assessment and a labor dispute arises, it is the employer who will have to prove the employee’s guilt.
A one-time gross violation of their labor duties by heads of organizations (branch, representative office), their deputies, chief accountants (clause 10 of article 81 of the Labor Code of the Russian Federation).
The obligation to prove that such a violation actually occurred and was of a gross nature also lies with the employer.
In accordance with paragraph 49 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, as a gross violation of labor duties by the head of an organization (branch, representative office), his deputies should, in particular, be regarded as failure to fulfill the duties assigned to these persons by the employment contract, which could lead to harm health of workers or causing property damage to the organization.
Repeated gross violation of the charter within a year educational institution teaching worker(Clause 1 of Article 336 of the Labor Code of the Russian Federation).
Sports disqualification for a period of six months or more, as well as the use, including single use, of doping agents and (or) methods by athletes (Article 348.11 of the Labor Code of the Russian Federation).
When dismissing an employee for any of the above reasons, the terms and rules for applying disciplinary sanctions established by Articles 192 and 193 of the Labor Code of the Russian Federation must be observed.

Labor relations do not always proceed without problems. For various reasons, workers commit sins that are associated with fulfilling work obligations. In such cases, the manager resorts to one or another disciplinary sanctions.

Often this is a verbal remark or, but there are situations when the solution to the problem is dismissal. Other methods of punishing a worker are also possible. The period of validity of a disciplinary sanction is one year, provided that the worker is not fined again.

Drinking in the workplace? This must be punished!

During the work process, the worker must fulfill his job obligations, protect the property of the enterprise and adhere to the established work schedule. If this does not happen, the employee is punished.

Workers must understand that this degree of punishment is often forced and temporary. If the employee does not violate the law in the future, then the period of such punishment will be no more than a year, and maybe less.

In addition to the policy of various types of incentives, labor legislation also provides for disciplinary measures used in relation to those who violate strict labor discipline. Therefore, every employee must have an idea of ​​what disciplinary action is and in what situations it may occur.

What is disciplinary action is clearly stated in the Labor Code

It is customary to refer to a disciplinary sanction as a method of influencing an employee, established by regulations, in the event of his failure to fulfill his immediate job duties.

Many people are built in such a way that they do not have the impulse for self-discipline and need external influence from time to time to help them focus. We are talking about labor rules, routine, discipline.

It should be noted that fear of punishment is an excellent incentive for people not to commit.

An important condition: a working citizen, by his failure to comply, whether conscious or not, caused damage to the employer.

Order of disciplinary action

A disciplinary sanction is valid for 1 month from the moment the employee committed a disciplinary offense. In order to be punished, the employer should take care to draw up an appropriate order.

Such a document is characterized by a free form. The administrative part of the order must contain the following information:

  • the time it was committed
  • the time when the act was discovered.

Based on this data, a collection order is drawn up, indicating its type. The document must bear the signature of the manager. After this, the order is transferred to the employee for review.

In addition to the original order itself, two copies of the document are made, one of which must be pasted into the personal file, the other must be given to the employee.

What types of disciplinary action are known?

Reprimand as a disciplinary sanction

Federal labor legislation establishes three main types of disciplinary sanctions:

  1. comment
  2. rebuke

The institution itself allows the establishment of additional gradations (for example, not just a reprimand, but marked “strict”). The main thing is that this is recorded by local acts of the organization.

Important! The legislation does not allow the use of measures that go beyond the scope of Labor Code. For example, increasing working hours, imposing fines, and physical force are not legally binding.

The type of disciplinary sanction chosen by the manager must be justified and commensurate with the offense that the employee committed. There are often cases when, through the court, it was possible to cancel the penalty imposed on an employee and its consequences.

The decision regarding which offenses to use a reprimand and reprimand is made directly by the head of the organization. But the reasons that could lead to dismissal are prescribed by law in Article 81 of the Labor Code. This list is strict and cannot be supplemented. It includes the following offenses:

  • absenteeism
  • drunkenness at work
  • committing theft
  • and so on.

Features of the application of disciplinary action, its terms

Dismissal as a punishment for violation of labor discipline

From the moment the offense was committed, within 2 days the guilty employee is obliged to provide an explanation of his actions indicating the reasons in writing.

If the employer finds the stated reasons valid or justified, he has the right not to impose a penalty on the offender. If there were no explanations, then the penalty is imposed without them.

There are certain time limits within which a penalty can be imposed. They are enshrined in law. Within 30 days from the moment the offense was discovered. However, the period of illness, vacation and time to consider the situation are not included here.

  • For six months from the date of commission of the act.
  • For 2 years, counting from the moment when the offense was committed, in situations where the act was revealed as a result of a financial, economic or audit check or audit.

Important! If it is difficult to judge whether an employee is obviously guilty, an internal audit is necessary, which requires the creation of a special commission. The result of the audit will be a special document about the progress and results of the study.

The labor relationship that develops between an employee and an employer involves the adoption of certain norms, rules and responsibilities. Knowing what it is and all its features, you will be able to avoid unpleasant incidents at work.

How to formalize the procedure for imposing a disciplinary sanction? Find out from the video:

The Labor Code of the Russian Federation establishes what committing a disciplinary offense, 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 disciplinary sanctions:

    1. comment;
    2. rebuke;
    3. dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline (Part 5 of Article 189 of the Code) may also provide for other disciplinary sanctions for certain categories of employees.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, , or 10 of part one of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of part one of Article 81 of this Code in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by an employee at the place of work and in connection with the performance of his job duties.

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

When imposing a disciplinary sanction, the following must be taken into account:

    1. the severity of the offense committed;
    2. the circumstances under which it was committed.
Procedure for applying disciplinary sanctions

Before applying disciplinary action, the employer must require 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 taken no later than one month from the date of discovery of the offense, not counting

    • employee's illness time,
    • his stay on vacation, as well as
    • the time required to take into account the opinions of the representative body of employees.

Disciplinary action cannot be applied:

    • later than 6 months from the day the offense was committed;
    • later than 2 years from the date of its commission- based on the results of an audit, inspection of financial and economic activities or an audit.

The specified time limits do not include the time of criminal proceedings.

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

Order (instruction) of the employer to apply a disciplinary sanction announced to the employee against signature within 3 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.

Removal of disciplinary action

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.

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

The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.

If the fact of violation is confirmed, the employer is obliged to apply disciplinary action to the head of the organization, the head of the structural unit of the organization, and their deputies, up to and including dismissal.