Sample order for failure to perform official duties. An employee may be reprimanded for what according to the Labor Code of the Russian Federation. About reprimanding

One of the types of disciplinary sanctions that an employer has the right to apply to an employee is a reprimand (Article 192 of the Labor Code of the Russian Federation). We will tell you in our material how to draw up an order to reprimand an employee, and also provide a sample order of a disciplinary sanction in the form of a reprimand.

When is a reprimand order issued?

The reprimand is of medium severity disciplinary action, between reprimand and dismissal. But this does not mean that a reprimand must be preceded by a remark, or that the employee cannot be reprimanded when the Labor Code of the Russian Federation even allows the employee to be fired. The employer establishes the procedure for applying reprimands to employees independently, taking into account the provisions of employment contracts, internal labor regulations, organizational and administrative documents of the employer, and, naturally, the severity of the disciplinary offense and the circumstances of its commission. The only thing that matters is what specific disciplinary offense Only one disciplinary sanction can be applied (Part 5 of Article 193 of the Labor Code of the Russian Federation).

In general, a reprimand is applied for committing a disciplinary offense, that is, failure to comply or improper execution by an employee through his fault of the labor duties assigned to him (Part 1 of Article 192 of the Labor Code of the Russian Federation). This may include violation by an employee of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc. (Clause 35 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

Moreover, even if the employee does not provide an explanation, the employer, after two working days, may issue an order to reprimand for improper performance job responsibilities.

The employer is given 1 month from the date of discovery of the misconduct to issue an order for disciplinary action in the form of a reprimand. Such a day is considered the day when the employee’s immediate supervisor learned that the employee had committed a disciplinary offense. In this case, it does not matter that the direct manager, for example, does not have the right to impose a disciplinary sanction himself (clause 34 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2). IN month period The time of illness of the employee or his vacation is not included (Part 3 of Article 193 of the Labor Code of the Russian Federation).

It is also important to take into account that a disciplinary sanction cannot be applied later than 6 months from the date of commission of the offense, and for an offense identified, for example, as a result of an audit, no later than 2 years from the date of commission (Part 4 of Article 193 of the Labor Code of the Russian Federation).

Reprimand for violation of labor discipline: sample order

The employer decides for himself how to issue an order for a reprimand, because there is no single, mandatory form for such an order. Typically, the order (instruction) contains the following information:

• FULL NAME. and the position of the employee who is being reprimanded;
• the essence of the disciplinary offense indicating, say, a clause of the employment contract, job description or articles of the Labor Code of the Russian Federation, which the employee violated by his misconduct;
• the circumstances of the offense, the degree of its severity and the employee’s guilt.

The employer is obliged to familiarize the employee with the order of reprimand against signature within 3 working days from the date of its issuance (not counting the time when the employee was absent from work). If an employee refuses to sign to familiarize himself with the order, a report must be drawn up about this.

Here is a sample order for disciplinary action (reprimand).

How to properly draw up a reprimand for improper performance of official duties, what does it mean for the employee and the manager? In our article we will look at the features of drawing up reprimands according to all the rules.

Does a reprimand constitute a disciplinary sanction?

Reprimand according to Article 192 Labor Code along with reprimands and dismissal, is one of the disciplinary measures. The practical significance of a reprimand can be expressed as follows:

It should be remembered that if a reprimand is officially issued, it must be properly executed. There are no clear regulations in this regard in the Labor Code of the Russian Federation, but practice shows that this action should be performed in the following order:

1. First, you need to record the fact that the employee failed to fulfill his duties. This usually occurs by sending a memo to the director. In addition, in order to evaluate the actions of a specialist, the head of the company can convene a commission - they will have to draw up a special act.
2. It is also necessary to talk with the employee so that he explains why he committed the offense. In order for a specialist to write an explanatory note, he must send an official notification.
3. Wait two days - this is exactly how much time, according to Article 193 of the Labor Code of the Russian Federation, the employee has to write an explanatory note. If the document is not followed, be sure to document this by drawing up a special act. If the employee has drawn up an explanatory note, but the explanations contained in it seem insignificant to the manager, a reprimand is issued.

It is formalized by creating an order, which is signed by the manager. In this case, the order should indicate which documents will be attached: an act drawn up by the commission, a report, a notice of the need to draw up an explanatory note, a document written by the employee or a report on his absence. The order also specifies the date and all names of the documents submitted.

The order is signed by the manager himself and the offending employee within three days from the date of drawing up the document.

Not every employee agrees with the charges set out in the order, therefore he has the right not to sign it - in this case, a specialized act is also drawn up.

When should a reprimand be issued?

A reprimand, as well as other disciplinary sanctions, must be issued no later than a month after violations in the employee’s work were discovered. If you miss this deadline, nothing can be done - after 30 days the employee cannot be punished. The only thing is that if the employee was sick for some period or was on vacation, this period can be extended by the number of days of his absence.

However, the period can be extended to two years if the employee’s misconduct was discovered as a result of an audit or other inspection.

Is it possible to cancel a reprimand and how to do it?

Perhaps the head of the company realized that he had wrongfully punished the specialist and would like to remove the reprimand. How can I do that?

There is nothing complicated here: a special order is simply issued to cancel the reprimand, which can be drawn up at any time in accordance with Article 194 of the Labor Code of the Russian Federation. At the same time, either the employee himself or his boss can apply to have the reprimand lifted. The main thing is that the order must include a link to the order to issue a reprimand, also indicating the number and date of the document.

In addition, you can wait for the automatic revocation of the reprimand, which, according to Article 194 of the Labor Code of the Russian Federation, will be lifted a year after issuance.

What are the consequences of reprimanding an employee?

Information about reprimands does not end up in the work record book; also, if desired, it can be entered into the employee’s personal file (if the head of the company or the head of the HR department decides so). So the new employer most likely will not even know about the reprimand. This means that if you move to a new organization, the reprimand does not carry any consequences.

But the employee may also be interested in working in his current place, and in this case it will be very useful to learn about one important nuance. According to Article 81 of the Labor Code of the Russian Federation, an employee can be fired if he has repeatedly failed to fulfill his duties - including actions for which he will receive a reprimand.

And here the head of the company can use the “mechanism” of applying several norms of the Labor Code, which establish a 30-day period for issuing penalties.

Having discovered an employee’s misconduct, his director can reprimand him and at the same time issue an order for a new reprimand within the 30-day limitation period. Thus, the director of the company will have two proven facts of violations, which will become grounds for dismissing the employee.

If the reprimand is issued incorrectly, what does the employer face?

Reprimand – legal document, which must be issued in accordance with all the rules. Often, enterprise managers, when threatening employees, use the phrase “severe reprimand,” forgetting that there is no such concept in the Labor Code of the Russian Federation. If, nevertheless, a severe reprimand was issued, then the labor inspectorate, if contacted by an offended employee of the company, can:

• Give a fine to the company.
• Cancellation of an order to issue a reprimand.

At the same time, the management of organizations must remember that any penalty can be imposed only if the employee actually fails to fulfill his duties. To do this, they must be recorded - for this a contract, job description, work schedule etc.

Also, the employee should definitely be familiarized with his responsibilities under his signature - in otherwise reprimanding him is simply illegal.

It is also worth remembering that an employee has the right to appeal his dismissal in court, and the court, after examining the documents, may decide to reinstate the employee in his position. If this does not happen, the company will have to pay former employee salary for all those days that he was absent from work, although by court decision he was obliged to be.

For what offenses? In our material we will learn more about this.

You will learn how to correctly draw up an explanatory note about being late for work.

How to properly fire an employee for absenteeism, so as not to violate the norms prescribed in the Labor Code of the Russian Federation? you will learn about this in detail.

Conclusion

Issuing a reprimand is an official procedure, which is fixed in the local documents of the company.

However, before issuing a formal reprimand, you must prepare all the required documents, including:

• Sources that helped document the offense.
• Notifying the employee of the need to write an explanatory note.
• An act of absence of an explanatory note if the employee never provided it.
• An act of refusal to sign an order if the employee does not agree with the document.

Do not forget that a reprimand cannot be called severe if you do not want to receive a fine from the inspectorate during an inspection. It should also be issued justifiably - only in case of violation by the employee of his duties strictly prescribed in the agreement, contract or other local documents.

In contact with

In case of violation labor discipline, destruction or damage to company property or systematic failure to comply with the labor standards specified in the plan, the employee will be held accountable, including disciplinary action. If a violation of discipline or other official misconduct is detected, the employer may issue an order to subject the employee to punishment in the form of a disciplinary sanction. Such punishment may be imposed in the form of a reprimand, loss of bonus or dismissal. The application of a specific penalty is referred by law to the exclusive competence of the employer.

How to issue an order for disciplinary action?

The employer must formalize the order of disciplinary action for a violation in a legally correct manner. If mistakes are made or an incorrect basis is applied according to the Labor Code of the Russian Federation, the order will be canceled and declared illegal.

To properly format a document, you must adhere to the following structure:

• The introductory part must contain all the details of the organization and information about the offending employee. It is possible to use the organization's letterhead;
• The date and place of drawing up the act should be indicated;
• The narrative portion of the reprimand order must include a statement of the circumstances of the disciplinary offense. It is necessary to describe what exactly the failure to fulfill duties was;
• It is necessary to indicate the point of the job description or employment contract that was violated by the employee’s actions. This may be lateness, failure to meet targets or other circumstances;
• The announcement of punishment must be justified by the relevant norm of the Labor Code of the Russian Federation. Therefore, in the administrative act it is necessary to make reference to the rule of law, which allows the employer to punish an employee who has committed an offense.

When the document is drawn up, the employee must be familiarized with it against signature. The date of review must be indicated.

Order of disciplinary action in the form of a remark

This form of punishment is chosen in connection with minor and unsystematic violations of duties by the employee. Meanwhile, the employer can choose an even milder punishment in the form of deprivation of bonuses. When drawing up this act, it should be remembered that the punishment should not just be based on the fact of the violation, it must be justified. This means that the imposition of a penalty arbitrarily, only by decision of the employer, is not allowed. Such an act will be declared illegal and its effect cancelled.

Order of reprimand for failure to fulfill official duties

Failure to fulfill official duties is in itself a sufficient basis for imposing punishment on an employee. However, the employer has the right not to apply disciplinary measures. However, in case of serious or repeated violation, punishment is simply necessary. In such cases, a strict penalty will not be sufficiently justified, so you can get by with a remark.

Order of disciplinary action in the form of a reprimand

It is necessary to understand that any recovery presupposes the receipt of information about it and its verification. If a serious violation or systematic failure to fulfill his duties is committed, the employer has the right to punish the employee and reprimand him. A reprimand is one of the most severe punishments provided for by the Labor Code of the Russian Federation.

This punishment should be announced in strict order:

• When information about an alleged breach of duty is received, the appropriate executive must draw up memo. The situation and the essence of the offense are reflected there;
• Then an inspection is carried out. It consists of obtaining explanations from the culprit and other persons who are aware of the violation of duties;
• If the information is confirmed, the employer draws up and signs an order for punishment in the form of a reprimand.

Compliance with these points guarantees that the employer’s decision to impose penalties will not be considered illegal.

How long does it take to notify an employee of the reprimand order?

Familiarization completes the process of imposing a penalty and is an integral element. The act of punishment should be presented to the person immediately after its issuance. If a person refuses to familiarize himself, then the document must be sent to him by registered mail with notification.

Order of reprimand for violation of labor discipline -

Neglect of labor discipline is a clear reason for prosecution. This could be absenteeism, being late, showing up at drunk. The most serious punishment is dismissal.

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11.09.2017, 19:18

The employee systematically violates labor discipline. It is necessary to issue an order for disciplinary action in the form of a reprimand. A sample order will help a personnel specialist reduce the time for preparing the document.

A penalty may be imposed on the violator

An employee who does not perform his assigned job duties or performs them improperly commits a disciplinary offense (Article 192 of the Labor Code of the Russian Federation). Disciplinary measures may be taken against such an employee.

Labor legislation establishes three types of penalties that can be applied to an employee:

• comment;
• rebuke;
• dismissal.

We draw up a collection order

If it is decided to apply a disciplinary sanction in the form of a reprimand against an employee, a sample order prepared by our specialists will help draw up a document without unnecessary labor costs.
Such an order can be issued in any form, since the current legislation does not contain a unified form for such documents.

It is important to remember that the order to issue a reprimand must be drawn up no later than a month from the date the employee’s misconduct was discovered. If this deadline is missed for any reason, collection will not be possible.

The employee must be familiarized with the issued order. The organization is given three working days for this. If during this time the employee is absent from work, then the time of absence is excluded from the three-day period (Part 6 of Article 193 of the Labor Code of the Russian Federation).

Disciplinary action is always a conflict between employer and employee. And conflicts threaten to escalate into a legal dispute. The chances of the parties in legal proceedings depend on the correct execution of documentation for collection.

From the article you will learn:

In accordance with Art. 192 of the Labor Code of the Russian Federation, a reprimand is one of the disciplinary sanctions. Its imposition obeys general rules application of disciplinary liability provided for in Art. 193 Labor Code of the Russian Federation. This article provides for the procedure for explaining the employee, the timing of penalties, and the principles of punishment.

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Concerning documentation collection by order, it is said that the order (or order) on the application disciplinary action is announced to the employee against signature, for this the employer has three working days from the date of its publication, not counting the time the employee is absent from work. If you refuse to familiarize yourself with the specified order, a corresponding act is drawn up against signature, where in the presence of two employees (witnesses) the fact is recorded that the employee saw the order, but refused to sign it. Refusal to sign the order, as well as refusal to provide an explanation, is not an obstacle to the application of penalties.

General requirements for the order

Since an order is an administrative act, it must meet certain general requirements as document:

• have a clear statement that does not allow for double interpretation;
• there must be an indication of the grounds for bringing to responsibility (a clear indication of the employee’s unlawful action);
• information must be complete and reliable;
• Concise and clear presentation of information in business clerical language using established formats.

Required details

Reprimand as a disciplinary measure

Rebuke is one of the disciplinary sanctions. By severity this measure more severe than a reprimand, but less than dismissal. The employer independently determines what punishment to apply to the employee for a particular offense.

The Labor Code of the Russian Federation only says that a reprimand can be issued for failure to fulfill or improper performance of labor duties. Of course, such non-compliance may vary in degree of importance for the company’s business processes, in consequences and in circumstances. When choosing a measure such as a reprimand, it is necessary to take into account all the nuances, mitigating and aggravating circumstances, the degree of guilt of the employee, and his attitude towards the incident.

Announcing a reprimand

In accordance with the explanations of paragraph 53 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 “On the application by courts Russian Federation Labor Code of the Russian Federation", the employer must provide evidence indicating not only that the employee committed a disciplinary offense, but also that when imposing a penalty, the severity of this offense and the circumstances under which it was committed were taken into account (Part 5 of Art. 192 of the Labor Code of the Russian Federation), as well as the employee’s previous behavior and attitude towards work.

The order of reprimand (a sample will be below) is drawn up according to the same rules as any order of disciplinary action. The main thing is that it clearly indicates this particular measure - a reprimand.

Despite the fact that the law directly prescribes only one penalty for each offense, in practice it is often possible to encounter such a phenomenon when, in the presence of an order for a reprimand, an employee is deprived of his bonus. This is the situation here. The law does not prohibit the employer from independently forming systems of material incentives for its employees for fulfilling certain conditions in the process of their labor activity. One such condition may be the absence disciplinary sanctions. Then the presence of a reprimand will be sufficient grounds for not paying the employee a bonus for the period when the corresponding penalty was applied, or for another period provided for by the bonus regulations.

The Determination of the Supreme Court of the Russian Federation dated 04/07/2005 N KAS05-126 states that prerequisite In order for the employer’s actions to be legitimate, the company must have a local regulatory document that clearly states the criteria for calculating bonuses. The absence of disciplinary action should be one of these criteria.

Punishment for absenteeism

Absenteeism is a gross violation of labor discipline. According to Art. 81 of the Labor Code of the Russian Federation, the employer has the right to dismiss an employee who has committed absenteeism, in compliance with a certain procedure, because dismissal is one of the measures disciplinary action. Let us note that this is precisely the right of the employer, that is, he may apply a different punishment to the employee, or he may not apply it at all.

Thus, it is possible to punish for absenteeism (taking into account all the circumstances of its commission, guilt, motives, the employee’s attitude towards his actions, his value to the employer and reputation) by issuing a reprimand. Then an order is issued (reprimand for absenteeism).

A common mistake employers make is to impose two penalties on an employee for one violation. For absenteeism, for example, two orders are issued: one to reprimand the employee for absenteeism, and the other to dismiss the employee for absenteeism. In this case, the employer’s actions are unlawful, since the law prohibits the application of two penalties simultaneously for the same violation.

When issuing an order for an employee to take absenteeism without dismissal, you can use the sample that is used for ordering disciplinary action in the form of a reprimand.