Order of reprimand to the chief accountant sample. What is the risk of reprimanding an employee? About disciplinary action

09.01.2019, 22:07

What does a disciplinary sanction and reprimand order look like? In this article, you can download a sample of such an order, and also find out whether it is possible to reprimand for absenteeism, drinking, being late or stealing. Also, many are interested in whether it is possible, along with the announcement of a reprimand, to deprive an employee of a bonus. Let's answer this question too.

When can you issue a reprimand?

A disciplinary offense is a failure to perform or improper performance of labor duties, in which the fault of the employee is present (Article 192 of the Labor Code of the Russian Federation).

For a disciplinary offense, the employer can apply to the employee only one of the disciplinary sanctions provided for by the Labor Code of the Russian Federation (part 1 of article 192 of the Labor Code of the Russian Federation):

• comment;
• rebuke;
• dismissal.

In the list of possible disciplinary actions, "reprimand" is in the middle. It is considered to be a recovery of moderate severity. Therefore, if the employer believes that the remark is not enough, then the expediency of reprimanding can be considered.

Penalties not provided for by the legislation of the Russian Federation cannot be imposed on employees (part 4 of article 192 of the Labor Code of the Russian Federation). For example, there is no such penalty as a strict reprimand in the Labor Code of the Russian Federation. Hence, it is forbidden to appoint him.

Deprivation of the award

Removing an award is not disciplinary action by virtue of the Labor Code of the Russian Federation. You can deprive the bonus only in a situation where the local acts of the employer provide for conditions for reducing the size of the bonus or not paying it. It is impossible to simply announce a reprimand and not pay the due bonus. In order to be able to do this, for example, the Regulation on remuneration should state that when an employee is reprimanded, the next monthly bonus is not due. If there is nothing of the kind in local acts, then the bonus must be paid if it is due to the employee and is provided for by the wage system as an integral part of wages.

When can you issue a reprimand?

The measure of disciplinary action must be fair. So, for example, if an employer dismisses an employee for one hour being late for work for a good reason, then such a punishment, apparently, will be disproportionate to the severity of the misconduct. Indeed, in such a situation, a person can be reprimanded or made a remark. At the same time, we do not exclude that in some situations, at the discretion of the employer, a reprimand can be announced, for example, for absenteeism, drinking, being late or stealing property. That is, in each case, you need to approach each situation in a personalized way.

Example of a reprimand

When the personnel department collects the entire evidence base and forms a folder with reports, acts and explanatory notes, then you can proceed to issuing an order to impose a penalty in the form of a reprimand. It can be issued in any form. Here is a sample order that was drawn up in 2019:

Limited Liability Company "Shurygina and Co"
TIN 1238123456, KPP 7123801001, OKPO 12356423

full name of the organization

ORDER No. 45-k
on disciplinary action
Tver 10.01.2019

Due to the fact that on January 9, 2019, worker V.V. Zhirinovsky was absent from the workplace without good reason for three hours, from 9:00 to 12:00, and on the basis of Article 192 of the Labor Code of the Russian Federation

I ORDER:

1. For violation labor discipline to announce a reprimand V.V. Zhirinovsky.
2. Responsible for personnel records A.S. Lobkova to acquaint with this order V.V. Zhirinovskaya under the signature.

Reasons: memo Senior Manager dated January 9, 2019 No. 56, explanatory note by V.V. Zhirinovskaya dated 01/09/2019 No. 12.

HR specialists of any enterprise must know exactly the algorithm of how to competently reprimand an employee: a sample of the correct compilation of this document must be clearly worked out by personnel officers. How to properly reprimand an employee and how is it documented? Let's try to figure it out.

Reasons and types of penalties

In the system of labor relations between the employee and the employer, there are several measures of disciplinary sanctions. For example, a note. How is a reprimand different from issuing a remark to a delinquent employee? A reprimand is a severe preventive measure. Only after a reprimand can the employee be dismissed, financial sanctions from the management (non-payment of bonuses, cuts in other material rewards, etc.) can follow. All this, of course, must take place within the framework of labor legislation and be reflected in the employment contract concluded with the employee, or in the general collective agreement operating within the enterprise.

Reprimanding is like giving a serious warning to an employee. In what specific cases can the company's management have the right to reprimand a subordinate? The following situations are distinguished:

• failure to fulfill their functional duties or their poor quality performance;
• ignoring the requirements of representatives of the management of the enterprise (both the "head" system and the middle link, but located above the unit in which the guilty employee works);
• violation of labor regulations;
• disruption of the performance of any responsible task or assignment;
• systemic delays, delays without proper explanations and visible objective reasons.

Among other things, this also includes ignoring public orders of increased significance.

As a rule, today enterprises have their own special corporate system of relationships. She assumes her internal rules and related settings. Their violation can also be punished with a reprimand.

Drawing up an order in compliance with applicable regulations

How to properly document a reprimand to an employee who violates the labor schedule?

We proceed to draw up a document through which the procedure for reprimanding is documented. This is the appropriate command. Here is an example of how this document should be written.

The "header" of the order indicates the full name of the organization. Just below it is written: “Order No. ” and the corresponding number is affixed.

Then, depending on the type of violation, the following is prescribed: “To impose a disciplinary sanction in the form of a reprimand for failure to fulfill the functional duties regulated by the employment contract, without good reason.” The wording here is very different, it all depends on the type of disciplinary violation committed by the employee.

For example, if a reprimand is announced due to the employee’s systemic lateness to work, you can specify acts of being late for work (with fixing the specific numbers entered in such acts).

In addition, you can reflect information about the presence (or absence) of a written explanation provided by the employee.

The order is completed by the signature of the head of the enterprise and the signature of the employee in respect of whom the reprimand is issued. The corresponding date is entered.

What to do with the work book of such an employee? Does it record here the fact that such a measure was announced against him? disciplinary punishment?

The law explains the following. If such facts are of a systemic nature (that is, if reprimands are issued against this employee on an ongoing basis for objective reasons), then the relevant information is entered in work book.

And, on the contrary, when the incident with a reprimand is only an isolated case, the employee’s work book remains “clean”, the employer does not record in it the single fact of issuing this disciplinary sanction.

Reprimand rules

Before reprimanding a delinquent employee, you should have an educational conversation with him and ask him to provide explanatory note containing the reasons for non-compliance with certain violated rules.

In a situation where an employee fully admits that he was wrong and guilty, promises to rectify the situation in the near future and provides an explanatory note with specific objective facts, it is possible to postpone the announcement of a reprimand. But the employee is obliged to provide such an explanatory note no later than two days after the incident.

Of course, the final decision on whether to issue an appropriate order or not is made by the company's management or the immediate supervisor of the offending employee.

The announcement of a reprimand can also be postponed if the employee provided an explanatory note in a timely manner, in which he detailed the reasons for what happened.

Failure official duties for health reasons (in this case, the document must be accompanied by an appropriate certificate from medical institution confirming the words of the employee) is considered a serious argument in favor of the employee. In such cases, it is possible to withdraw the reprimand.

If there was no proper explanation from the employee about the reasons that prompted him not to fulfill his functional duties or violate the work schedule, the company's management has the right to issue an order for a reprimand.

A reprimand is announced only when the violation was actually committed through the fault of the employee. At the same time, he can challenge the decision of the management (reprimand).

It often happens that the employee was initially, even at the time of hiring, not informed about the system of disciplinary sanctions that operates within the enterprise. A clear knowledge of the current norms and rules, on the contrary, has the most favorable effect on the performance of the representatives of the labor collective, the performance of their functional duties.

Disciplinary action is notice, reprimand and dismissal. Based on the norms of the law, the imposition of a disciplinary sanction in the form of a remark is softer consequence, compared with a reprimand.

Disciplinary sanction in the form of a remark, the consequences suggest harsh criticism employee actions. Perhaps his insufficiently professional attitude to business or shortcomings in the results of work.

The pronunciation is already a sharply negative attitude of the management of the organization to the behavior of the employee, to the miscalculations he made, which entailed some consequences for the entire team.

Such a disciplinary sanction (reprimand), as it were, shows that it is " last warning' before being fired. Such situations should not happen again.

May have a disciplinary sanction (remark) consequences that are established by the organization. For example, for the note 20% monthly premium is withdrawn, for reprimand - full depremation.

If we turn to the realities of the majority commercial organizations, then the remark, as a disciplinary sanction (order) is no different from a reprimand. Labor Code allows employees and firms to independently agree on a system of penalties for misconduct in the framework of labor relations, but in practice this does not happen. Enough verbal reprimands and deprivation of bonuses.

Severe reprimand Is it a disciplinary action or not?

Such a term as "severe reprimand" Russian laws do not.

The origins of this penalty are in the labor relations of Soviet times, where there was a whole scattering of various disciplinary sanctions for every taste.

The system of market relations has made its own adjustments: a reprimand, a remark is a disciplinary sanction, they are more than enough to differentiate responsibility.

Application

An order for disciplinary action in the form of a reprimand or remark is possible only on strictly formal grounds. The employee did not fulfill the duties assigned to him or ignored the order of his supervisor.

All the duties of the employee must be spelled out in his job description or in the position of the department where he works. In addition, there is a certain mode of operation, the daily routine.

If an economist decides not to sit at work overtime or refuses to help unload a truck, then he cannot be held accountable for disciplinary action.

Disciplinary action: remark (sample) or reprimand most often used for:

1. Systematic delays. The easiest way to track is the system of passes in office building or a video camera with a set shooting time will give objective information.
2. Delays in assignments(for example, a delay in a scheduled report). Such instructions must be given in writing. Failure to comply with the oral requests of the authorities can not be proved later in the proceedings.
3. Dereliction of duty which caused material damage or other Negative consequences for the organization. The employee forgot to issue any document, submit an application to government agency or made some other mistake.

Sample order for disciplinary action (remark) impossible to issue for subjective assessment of the employee's actions. For example, "for the lack of perseverance applied when working with clients."

But if the client has filed a formal complaint against the employee, then documentary confirmation low level of professionalism of the subordinate.

Paperwork

After the discovery of an employee's misconduct, it is necessary to document. Make up if a person was late or was absent from work without a good reason. Or get it from your immediate supervisor, if official duties have not been violated.

After that, you should receive a written letter from the employee, which would explain the reasons and motives for his behavior.

Based on these documents, a collection is made. There is no mandatory form for such an order. Order example on disciplinary action (remark) must contain the following information:

• whom should be held accountable (indicate full name and position);
• for what offense: briefly describe the nature of the violation and indicate the date;
• grounds for attracting: details of the act, memorandum or other document where the violation was recorded;
• type of penalty. For example: an order for disciplinary action in the form of a remark. Additionally, you can specify other negative consequences that will occur for the employee. For example, "to announce a reprimand and deprive the quarterly bonus."

The employee must study disciplinary order (reprimand or remark) and sign him within three workers days.

Reprimand and remark, as a disciplinary sanction, how to issue? It should be noted that such an order must be issued no later than a month from the date of discovery of the misconduct of the employee.

Here you can download:

Consequences for the worker

Labor legislation does not imply any negative phenomena due to the application of a disciplinary sanction to it.

From a legal standpoint, the employee will be in a state of “violator” of labor discipline another year after being subjected to disciplinary action. Perhaps he will feel some moral pressure in connection with a reprimand or remark in a personal file.

The natural result of disciplinary responsibility is application additional measures impact on the employee from the side of the authorities:

• deprivation of bonus;
• withdrawal of interest. For example, an employee received additional money for high results in labor, but, in the light of violations of labor discipline, it would be illogical to recognize his work as worthy of additional payment;
• . In many firms vacation in summer months is a major reward for an employee.

repeated disciplinary offenses become grounds for dismissal of an employee. This fact is the most common cause remarks or reprimands.

Hardly a good specialist for the only delay they will "mark" with a reprimand. Most likely, the boss will be satisfied with verbal suggestion and receiving written explanations.

Therefore, an official reprimand in compliance with all formalities is for an employee final warning- if this happens again, labor Relations terminate in accordance with the law.

Appeal

Disciplinary action in the form of a reprimand can be appealed by the employee if he does not agree with the order of the head of the organization. This can be done like at the state labor inspectorate, So and in judicial order . Justices of the peace hear such cases at first instance.

As you can see, the employer does not apply the penalty from scratch. At least he has two documents: Act or memorandum, confirming the non-fulfillment of duties by the employee, and explanatory note of the violator.

An employee who received a disciplinary sanction in the form of a reprimand (a sample order is located), upon appeal, will have to collect evidence being right, which can be very difficult.

Read more about how a disciplinary sanction is lifted.

Do not rely on the testimony of colleagues- they want to continue their career at their current place of work, and speaking out against the authorities in court is guaranteed to lead to an early dismissal.

A disciplinary order (sample), it will not affect your reputation in a new place of work. On the other hand, the lawsuit will finally spoil the strained relationship with the head of the organization.

Removal of penalty

Imposing a disciplinary sanction- a time-consuming procedure that requires compliance with all legal formalities. It is better not to bring the matter to official reprimands and remarks, to use other methods of influencing employees.

There is always a possibility to find a compromise to smooth out the conflict. This will help increase productivity further.

The main types of penalties that can be applied to all categories of employees (wherever they work) are enshrined in Art. 192 of the Labor Code of the Russian Federation. These include:

• comment,
• rebuke,
• dismissal.

In most cases, the employer has the right to decide for himself what kind of punishment to choose for the employee; the only exception is dismissal, since there are certain restrictions on the part of the law. An employee can be dismissed only for certain misconduct, directly listed in the law; but to announce a reprimand to an employee or make a remark is a question, the solution of which is only within the competence of the employer. He can even replace the dismissal with a reprimand if he wants to give the employee another chance.

Reprimand Rules

If the employer wants to reprimand the employee for not fulfilling his duties, then he must adhere to the following algorithm of actions:

1. Fix the fact of non-fulfillment of official duties. For example, draw up an act that would indicate that the employee was absent from the workplace for a certain period, or ask several colleagues to confirm the absence of the employee in writing.
2. Request written explanations from the employee himself. If he does not present them, it will be necessary to draw up an appropriate act.
3. Issue an order to announce a reprimand and familiarize the violator with it under signature. If the employee refuses to sign it, it will also be necessary to draw up an appropriate act.

For example, Ivanov A.A. for the first time violated the rules of the labor schedule, being absent from the workplace for 3 hours. Such a breach in labor law refers to the category of non-fulfillment by the employee of his official duties. You can’t be fired for this, so the director decided to reprimand the employee, issuing it with the following order:

OOO "Start"

ORDER

on the imposition of a disciplinary sanction on an employee in the form of a reprimand

Due to the absence of Ivanov A.A., who holds the position of manager in LLC "Start", at the workplace on May 20, 2018 from 9 a.m. to 12 p.m.,

I ORDER

• reprimand A. A. Ivanov;
• familiarize Ivanov A.A. with this order within 3 days against signature.

Base:

General Director Avramenko A.G.

The employee is familiar with the order (Ivanov A. A)

«___» __________ 2018

The consequences of receiving a reprimand for an employee

The presence of a reprimand may serve as a basis for depriving the bonus, although the Regulation on bonuses, if such is valid in the company, must also be taken into account. However, they cannot cut the salary of an employee who has received a reprimand, as this contradicts the essence of the disciplinary sanction and the law.

The reprimand is valid for a year, after which the employee is considered not to have a disciplinary sanction, although the employer, if desired, can remove the penalty earlier by issuing this action by a separate order. Repeated non-fulfillment by an employee of his official duties in the presence of a valid reprimand may become the basis for the application of a more severe type of penalty - dismissal.

Thus, reprimanding an employee is the realization of the employer's right to punish him for failure to perform his duties. To apply this disciplinary sanction, you must adhere to the procedure established in the Labor Code of the Russian Federation, because otherwise the employee will have reasons to challenge its legitimacy. At the same time, the employer must remember that he has only a month from the date of discovery of the misconduct to announce a reprimand.

The management issues an order for disciplinary action in the form of a comment in the event that there are grounds for this - the employee's guilt is proven. To punish an employee, you need to have a written justification for this, management must receive a memorandum from the head of the unit about the violation, an explanatory note from the employee, and also bring other documents to the consideration of this case that can confirm the guilt of the employee. Sample explanatory and memorandum notes can be downloaded.

Only if the opinion of all parties is taken into account, it is possible to decide whether to punish the employee with a disciplinary sanction, and if necessary, how. A reprimand is the most harmless kind of disciplinary punishment. Information about this is not entered in the work book and may not be reflected in.

A remark is made to an employee for minor violations - small mistakes in work. If the violation is serious and results in property damage, injury, or loss to customers, then the disciplinary action may be more severe - reprimand or dismissal, or both.

Below are two samples of the order - on the announcement of a reprimand and comments. We offer you to download these samples and adapt them to your needs.

How to place an order?

The requirements for the execution of an order to announce a reprimand or remark are standard for administrative documents. It is obligatory in the text to have a reason for compiling the document, as well as a list of orders.

In order for the orders of the head to be executed in the order, responsible persons should be appointed - this may be a deputy head or an employee of the personnel service, or another person.

The reason for imposing a disciplinary sanction and announcing a reprimand or remark is a brief indication of the violation that the employee committed - for example, due to the absence of the employee's full name at the workplace from XX.XX.XXXX to XX.XX.XXXX.

The leader's orders are written after the word "I order", including:

• announce a remark (reprimand) to the employee (indicate the position and full name);
• appoint a responsible person who will ensure the proper execution of the order.

The order contains a list of documents that serve as a justification for the application of punishment. These documents are attached to the order.

The document is registered in the journal, it is given a personal number, which is put on the order form, the day and place of registration of the document are immediately fixed, and the name and title of the document are also written.

The order is approved by the director ( CEO) or an authorized person, after which it is transferred for review responsible persons specified in the order, as well as the most guilty employee. All persons acquainted with the document must put their signatures. Refusal to sign should be recorded in the act and attached to the order. An example of a document can be downloaded for free below.

Order Template

Order to announce a remark to an employee sample -.

Order for disciplinary action in the form of a reprimand.