Disciplinary responsibility: TC RF, article 192

Each employee is required to perform the duties assigned to him, which are prescribed in the employment contract and job description. Otherwise, it can be brought to a special kind of legal responsibility, which is called disciplinary.

Definition

The duty of the employee to be punished for violating the rules of the organization, the terms of the employment contract or job description is a disciplinary responsibility. The LC RF indicates that the basis for attracting to it will be the commission of an employee misconduct, which proves the fact that he neglects the official powers entrusted to him.

Main Aspects

If the employee does not fulfill his official duties, then in this case there is a disciplinary responsibility. The RF LC provides for the application of one of the following three types of penalties to the employee:

- a remark;

- reprimand;

- dismissal.

This type of responsibility may show partial or complete failure of a citizen to perform official duties. It is divided into two types:

- general, when a person violates the norms of the Labor Code;

- special if the rules that are set by the management of the organization are not observed and are fixed in the charter, but do not contradict the RF TC.

Types of violations

There are several of them:

- use of the employee's time by the employee at his own discretion, for example, absenteeism and tardiness;

- disobeying the company's management, which includes non-fulfillment of orders and orders;

- improper operation of the machinery of the organization;

- immoral behavior - coming to work in a state of intoxication, non-observance of the rules of labor protection, etc.

In this case, the head of the enterprise has the full right to bring a person to such a form of punishment, as disciplinary responsibility. TC RF provides for the application in this case of a certain penalty, which can be in the form of:

- remarks;

- reprimand;

- layoffs.

The last of these three is extremely rare, when the head can no longer keep a person at the enterprise who neglects the discipline of work for the first time. Therefore, bringing an employee to disciplinary responsibility in this case is just an indispensable measure for him to take responsibility with his job responsibilities.

Procedure

For non-compliance with the job description and other conditions of official activity in the organization or internal regulations , disciplinary liability arises. TC RF in this case, there are only three types of penalties that must be correctly applied in order not to violate the law.

Example: a citizen was late for work for three hours, explaining that he had been standing at a bus stop for a long time and could not wait for public transport. In this case, this will not be a good reason, because the rest of the employees, even without a personal car, came to the organization on time. The human resources specialist, having discovered the absence of an employee, should do the following:

- draw up an act in the form (it must be signed by several persons);

- to acquaint the employee with the painting with him, after which make a note about it;

- Register the document.

Documentary evidence of violation of labor discipline is made as follows:

- it is necessary to receive from the immediate superior of the person who arrived in the organization late, a memorandum, and attach a drawn up report to it;

- register the received data in a special form and assign a number to the document.

Types of punishment

Article 192 of the LC RF provides for the application of the following disciplinary sanctions to an employee who unfairly performs the duties assigned to him:

- a remark;

- reprimand;

- dismissal on certain grounds.

In this case, only the head will decide the question of what punishment for violation of the rules of the schedule can be assigned to a citizen. Dismissal is applied only in exceptional cases.

Such a disciplinary sanction, as a remark, can be applied to a citizen who does not perform his duties professionally enough, especially if this fact is confirmed by a client complaint.

Example: an employee had to install double-glazed windows in the apartment of a regular window buyer, but because he arrived later than the due time, he could not complete all the work in one day. The client remained unhappy and wrote a complaint. In this case, bringing to disciplinary responsibility of the employee is simply inevitable, because he undermines the authority of the organization by his unlawful actions.

Stricter is the penalty in the form of a reprimand. Usually it is applied when a person repeatedly neglects his job duties, for example, he is systematically late for a hardware meeting, does not follow the instructions of the management, does not completely complete his work.

The last type of disciplinary punishment here will be the dismissal of an unconscientious employee, but only for objective reasons, which must be confirmed by the relevant act.

Example: a citizen did not come to work because he fell ill, and informed the leadership about it. After the release, he did not provide the head of the official confirmation of this fact, nor did he give a written explanation from him. Accordingly, an act was drawn up and an order was issued to disciplinary the employee for absenteeism with further termination of the employment contract, which in this case is absolutely legal.

Failure to comply with the work schedule

In this case, neglect of the conditions of the concluded contract and their unfair fulfillment will be the main reason for disciplinary liability of civil servants. Because compliance with the rules of service is their main responsibility.

Disciplinary responsibility of civil servants is to impose on them the following types of penalties:

- a remark;

- reprimand;

- warning of incomplete compliance;

- Exemption from the position;

- dismissal for certain reasons (absence in the workplace, appearance in a state of intoxication, disclosure of secrets protected by law, destruction or theft of documents, other property).

In this case, punishments for misconduct for these individuals are provided for by federal laws, various acts of ministries and departments. In addition, the disciplinary responsibility of officials is one of the measures of state coercion necessary to ensure that all employees in government do not violate their professional duties and increase the level of intellectual abilities.

Features

Attraction to the disciplinary responsibility of an employee promotes the formation of a certain framework of behavior and a more serious attitude to work, because otherwise he will simply cease to observe the terms of the employment contract and the rules of the organization's schedule. In addition, a person begins to perform his duties more qualitatively.

Article 192 of the LC RF contains several types of disciplinary penalties, which the employer has the right to apply to an unconscientious employee.

Any boss who wants to teach a guilty employee a fault, must observe several rules:

- a remark, reprimand or dismissal can be appointed not later than one month from the date of detection of the misconduct, taking into account the time of the hospital, leave or other absence for a valid reason, but not later than six months;

- in each individual case only one of the specified types of punishment can be applied to the person;

- the employee has the right to appeal against the decision of the management;

- if during one year of labor activity a person did not commit violations, then, therefore, he has no more penalties.

Order

In the event that the manager decided to apply disciplinary punishment to his subordinate for non-fulfillment of his official duties, this must be fixed in writing by issuing an order. After that, familiarize the employee with him under the signature for three days.

The order on bringing to disciplinary liability is made as follows:

Name of company______________

00.00.00, the city of ___________ № ________

"About _________"

Due to the fact that the employee ___________ was seen in the workplace in a state of intoxication, I order:

- to pronounce a severe reprimand;

- to deprive the premium for April in the amount of _______

Basis: стст. 192,193 of the Labor Code, a memorandum by the senior sales specialist ________.

Director _________ (signature)

With the order acquainted ___________ (decoding)

Grounds

For improper performance of official duties by the employee, a certain type of punishment is provided for by legislation, which manifests itself in the form of disciplinary sanctions. Of course, not every leader will punish the guilty subordinate in this way, but, as practice shows, this method is the most effective, because it is not every boss who can not look at constant delays, not fully made a report or project, etc.

The employee's violations of the work schedule are considered as grounds for disciplinary liability. In addition, the employee's non-compliance with the terms of the contract and the job description imply the presence of his guilt, which leads to punishment in the form of observation, reprimand or dismissal.

Also, the leader should not forget that to bring an employee to responsibility for violation of discipline is possible only within one month and not later than six months.

What measures are better to use

After the employee has violated the order of work in the organization by his illegal actions, the chief can apply disciplinary punishment to him. TC RF provides it in the form of:

- remarks;

- reprimand;

- dismissal (extreme measure).

In practice, employers try to punish their subordinates financially, depriving them of bonuses. In order to avoid unnecessary trouble with the law, they do not document a person's misdemeanor documentarily, because in case of incorrect actions of the management, responsibility is also provided. Disciplinary offense is simply not fixed in writing and no order is drawn up.

In the event that a citizen in the performance of his duties commits a misconduct that affects the interests of not only the employer, but also other persons, punishment may be applied to him in the form of bringing to liability.

Example: an employee was admitted to the company as a driver and transported construction materials to another contractor organization. Once he violated traffic rules and had an accident, thereby severely damaged the car of the employer and the other driver. In this case, the employee will bear full financial responsibility.

COAAP

What is the administrative punishment of the employee, not every boss knows, because this concept in the law is not provided. Nevertheless, there is such responsibility for the leader himself, and it is indicated in art. 5.27 of the Code of Administrative Offenses of the Russian Federation. In this case, administrative punishment to the employer as an official can be applied only by state bodies.

Arbitrage practice

The citizen was brought to disciplinary responsibility for the fact that he once arrived not on time for work, explaining this by the fact that he could not wait for public transport. Three hours have passed since the start of the shift. In connection with this circumstance, the employer decided to dismiss him, not wishing to apply any other disciplinary penalty. TC RF provides for the termination of the contract with the employee only on legal grounds. The employee was forced to go to court.

It follows from the case file that the head did not even record the absence of the employee in the prescribed form, nor did he take a written explanation from him.

In addition, less than four hours have passed since the work began, which means that there were simply no grounds for dismissing a citizen for absenteeism. Also, the head illegally recovered from the employee a fine for an untimely submitted report, which completely contradicts the norms of the Labor Code.

The court in the decision pointed out that administrative and disciplinary responsibility are completely inconsistent with each other and refer to different areas of legislation. Therefore, the head did not have the right to impose a fine on the employee. In addition, the very fact of the termination of the employment relationship with the employee was unlawful. The citizen was reinstated at work with payment of compensation.