How to properly reprimand an employee. Details on the types of disciplinary sanctions provided for by the Labor Code of the Russian Federation

Severe reprimand - an informal, but regularly used expression in personnel management. At the same time, it is undesirable to allow such a wording in official orders. Why? Let's consider further.

How is a severe reprimand of the Labor Code of the Russian Federation interpreted?

Concept "Severe reprimand" in the provisions of the Labor Code of the Russian Federation is absent. This is an informal term used, as a rule, in order to emotionally influence the employee (“I will announce to you severe reprimand, Ivanov! ”), Who committed this or that offense. In the Labor Code, a slightly different concept is used - a reprimand, which is a type of disciplinary sanction, which the employer can apply along with a remark or dismissal (Article 192 of the Labor Code of the Russian Federation).

Any interpretation of the term "reprimand" in the Labor Code of the Russian Federation, however, is not given. If you follow the generally accepted meaning of the word, such a disciplinary measure can be understood as an expression by the employer of extreme dissatisfaction with the actions of a subordinate. A reprimand may be one of the reasons for the dismissal of an employee - if later he admits a repeated violation of his duties (clause 5 of article 81 of the Labor Code of the Russian Federation).

IMPORTANT! Take out to worker severe reprimand- means to apply against him a disciplinary measure that does not exist from the point of view of the law. If based on severe reprimand dismiss a person, he can challenge his dismissal in court and, most likely, win the case.

How to get a reprimand correctly?

The reprimand is carried out by the employer under the following algorithm:

1. It is necessary to record the fact of the employee's misconduct. As a rule, this is done by drawing up a memorandum addressed to the head of the company by his immediate superior.

2. The manager, in turn, must send the employee who committed the misconduct a notice of the need to give a written explanation of the actions committed by him and wait 2 days until he writes an explanatory note or ignores the corresponding order.

3. If the employee has not written an explanatory note, it is necessary to draw up an act about it.

4. Upon the fact of drawing up an act on the failure to provide an explanatory note, as well as if the employee wrote an explanatory note, but the explanations given to him did not suit the manager, an order is issued on behalf of the latter to reprimand the employee.

The relevant order should include:

• Name of the organization;
• date and place of preparation of the document;
• the name of the type of document - "Order", the name of the document - "On the announcement of a reprimand" (phrase "Severe reprimand" it is undesirable to use in the document);
• a description of the misconduct committed by the employee, an indication that its commission is the reason for the reprimand;
• operative subtitle "I order", the text on the reprimand with the indication of the full name and surname. and the position of the employee;
• names and dates of documents attached to the order (memorandum, notification of the need to provide explanatory, actually explanatory note, the act of failure to provide it - if any).

The order to issue a reprimand also indicates the full name of the person. and the position of the head of the company, his signature is put. It is advisable to record in the order the fact of familiarization with the employee of the fault - by affixing his signature in the document as well, indicating the full name of the employee.

Outcomes

A reprimand or, informally, severe reprimand- a legal form of disciplinary action, which can be one of the grounds for dismissing an employee who does not perform his job well. Is taken out severe reprimand(and on papers just a reprimand) by issuing an order by the head of the company, the compilation of which is preceded by a number of other mandatory procedures, such as documenting the fact of misconduct, requesting an explanatory one, studying it with subsequent interpretation of the explanation (or drawing up an act on its failure to provide).

Read more about other practical nuances of HR management in the articles:

Difficulties in the difference in the perception of punishments by employees are experienced by each personnel officer and employer. There is a reprimand, there is a disciplinary penalty - which is better. Or a severe reprimand? It is difficult for a layman to understand this. Let's figure it out, reprimand and severe reprimand - what is the difference between the concepts, when what is applied and how to correctly call it legally.

Types and general conditions for the application of disciplinary sanctions

Most likely, the mention of the special severity of the punishment escaped from the head in a fit of just anger. As soon as emotions recede, the director will remember the content of Art. 192 of the Labor Code that this type of punishment is not provided for for commercial and municipal institutions. In general, an employee may be afraid of:

• remarks;
• layoffs.

The code does not detail how a remark differs from a reprimand. But, based on simple logic and practice of application, we can conclude that the punishments in Art. 192 TCs are listed as the impact increases.

Then it can be considered that the remark is made for minor offenses (being late, short-term absence from the workplace, minor mistakes or oversights that did not entail serious problems but potentially dangerous). At the same time, the owner of a written comment should not relax, because:

• it is a full-fledged disciplinary action;
• its effect will last exactly one year, unless canceled early;
• in paragraph 5 of Art. 81 there is no difference what type of penalty the employee already has, a remark or a severe reprimand, the very fact that the punishment is still in force is enough for dismissal.

At the same time, many employees, subconsciously equating only between the concepts of severe reprimand and dismissal, are voluntarily mistaken. The fact is that, according to the norms of the Labor Code of the Russian Federation, it is possible to lose a job as a result of just one unredeemed simple, rather than severe, reprimand. Or it is possible without going through this stage at all, if the employee committed a very gross violation (absenteeism, drunkenness, theft, unworthy behavior, etc.).

Difference between a regular and severe pronunciation

As is often the case, the desire to rein in the employee makes the bosses wishful thinking. Then the memory helpfully gives out a vague memory that a severe reprimand, as a punishment, is not a figment of his imagination, but a really existing punishment.

This is true only for those who have linked their lives with military service or the Ministry of Internal Affairs. In special laws and decrees on the performance of military duties, indeed, there is a mention of a severe reprimand. It is also imposed by the law on the status of the military, Art. 28.4 76-FZ and on service in the Ministry of Internal Affairs, Art. 50 342-FZ.

Despite the similar concepts in form, a reprimand for a civilian and a severe reprimand for a person liable for military service are not at all identical. Then what's the difference?

The fundamental difference arises from the fact that certain federal laws providing for the form of severe reprimands offer commanders a choice of even more painful measures:

• deprivation of insignia or dismissal (how many reprimands are needed for dismissal, read);
• incomplete match warning;
• demotion or demotion;
• early dismissal and termination of a military contract:
• disciplinary arrest (only for the military with the rank below the officer).

It is obvious that the set of penalties for the military and employees of the Ministry of Internal Affairs is much more diverse. The general point can only be considered that the presence of unredeemed simple or severe reprimands may serve as a pretext for termination of labor relations in case of repeated misconduct of a specialist. Here, the prevailing importance is given to the norms of the Labor Code of the Russian Federation. Only the procedures will differ slightly, taking into account the requirements of the service statutes.

The threat of a severe reprimand is legally justified only for the military and employees of the Ministry of Internal Affairs, Art. 50 342-FZ and Art. 28.4 76-FZ

Sample severe reprimand

No matter how frightened the chief with the special severity of the impending punishment, he will not find an example of a severe reprimand among the whole variety of unified forms and forms. We'll have to limit ourselves to only a standard order for the imposition of a disciplinary sanction. It should be remembered that Art. 192 TC strongly recommends taking into account the severity of the offense, the degree of the employee's guilt and the content of his written explanations.

The search for a sample order for a severe reprimand will be justified only for commanders of military units, representatives of law enforcement agencies or heads of departments of the Ministry of Internal Affairs. The fact is that by the Presidential Decree on the approval of model charters No. 1495 it is determined that a severe reprimand can only be given in writing. This fact is announced at a meeting or in front of the formation, and then this data is entered into a personal file within a week.

Only those penalties that were made public orally, and then only for employees of the Ministry of Internal Affairs, are not subject to reflection in the personal card. Any information about the punishment of a serviceman should be reflected in the personnel file.

Removal of a severe reprimand

Since no norms of individual specialized laws can go against the requirements of the Labor Code, then the period of validity of any disciplinary sanction cannot exceed 365 calendar days. In general, the employer does not need to issue a separate order on this. As soon as a year has elapsed since the moment when the severe reprimand was pronounced, it will be canceled automatically.

For those who do not want to wait until the end of the year or even refuse to acknowledge the righteousness of their superiors, there are two options for early cancellation of punishment:

• make a request to management, arguing for an improvement in performance or the acquisition of some particularly useful production skills and achievements;
• exercise the right to appeal the actions of the management and send a complaint to the labor inspectorate or the court, Art. 382 TC.

In case of a positive response to one or another type of appeal, the employer must issue an order to abolish the disciplinary punishment and familiarize all interested parties with it.

Whatever severity the penalty threatens an employee for a misdemeanor, the very fact of its imposition is already depressing. That is why every leader must measure not only the severity of the violation and the degree of punishment, but also the strength of his influence on further work... It is important that the reprimand fulfills its educational function and mobilizes the employee, and does not discourage him from any desire to improve skills and productivity.

Lawyer of the collegium of legal protection. He specializes in handling cases related to labor disputes. Defense in court, preparation of claims and others normative documents to the regulatory authorities.

A reprimand as a disciplinary sanctionprovided for by Art. 192 of the Labor Code of the Russian Federation. This article will discuss what procedure the employer should follow when applying this kind of punishment, as well as how such actions can be appealed by the employee..

Disciplinary action in the form of a reprimand

As already mentioned, punishment in the form of a reprimand is provided for by Art. 192 of the Labor Code, it also says about such types of disciplinary liability as reprimand and dismissal. In addition, for some special categories of workers, appropriate regulations other types of disciplinary responsibility may be envisaged.

When a reprimand is pronounced as a disciplinary sanction, the employer issues a corresponding order. At the same time, referring to the sequence of disciplinary sanctions given by the legislator, we can conclude that a reprimand is a type of responsibility that is more severe than a reprimand, but softer than dismissal. Although, as practice shows, in fact, a remark and a reprimand differ little from each other (and the consequences for the employee are practically the same).

Legally, the employer is given the right to choose one or another type of disciplinary sanction based on the severity of the offense committed by the employee. Thus, the conclusion suggests itself: a reprimand, as opposed to a remark, is imposed when an employee commits more serious misconduct. This punishment will be relevant, provided that in the future another penalty in the form of a reprimand will be applied to the employee and the question of his dismissal will arise.

That is, in the general case, a reprimand does not entail any special problems for the employee, however, some consequences are possible, which we will discuss below.

Consequences of the announcement of a reprimand as a disciplinary sanction

In accordance with the provisions of the Labor Code, information about the reprimands announced to the employee is no longer entered in the work book, as it was done earlier; however, they are kept by the employer for a year starting from the day following the day of the reprimand. If the employee during this period commits another act requiring disciplinary measures against him, and those are applied by the employer, the latter will be able to dismiss the employee for repeated violation of labor discipline (this follows from the provisions of Article 81 of the Labor Code of the Russian Federation).

If we pay attention to the existing law enforcement practice, it indicates that the courts do not overturn the decisions of the management on the dismissal of employees associated with repeated disciplinary proceedings against them (for example, in the presence of 2 reprimands or 2 remarks).

In addition, disciplinary action can be very costly for the offender. However, this can only happen if the organization provides for various incentive payments and bonuses. If the employee has a disciplinary sanction, the employer has the right to deprive him of these payments - both in whole and in part.

On the procedure for bringing to disciplinary responsibility

Reprimands as disciplinary sanctions can be applied to employees in the manner prescribed by Art. 193 TC. According to the specified legal norm, the actions necessary in this case are carried out in the following sequence:

1. An explanation is obtained from the employee on the fact of the revealed violation. The employee will then have 2 working days to submit such an explanation. If he refuses to explain or neglects the deadlines provided for this, the employer draws up an appropriate act.
2. After receiving an explanation or drawing up an act, the employer issues an order to bring the employee to justice in the form of a reprimand. It is important to note that the employer has 3 days from the date of issuance of the order in order to familiarize the employee with it. Familiarization is carried out under the signature, if the employee refuses to familiarize himself with the order, the authorized representatives of the employer must record this fact by drawing up an appropriate act.

What is the time frame for disciplinary action? The employer has the right to involve an employee in such a job within a month from the moment the misconduct was discovered. If this fact is revealed later than after 6 months, the employee is released from liability. If the fact of misconduct is revealed during an audit or an audit of economic and financial activities, then the limitation period is increased to 2 years.

On the possibility of lifting a disciplinary sanction

It should be understood that bringing to disciplinary responsibility does not mean that the adverse consequences of a reprimand will last an unlimited amount of time for an employee, up to the moment of his dismissal. Labor Code of the Russian Federation in Art. 194 provides for the possibility of lifting a disciplinary sanction in the form of a reprimand in certain cases:

1. The most common practice in practice is “automatic” cancellation of the penalty in a year from the moment the employee is brought to this kind of liability. It is removed only if during this period of time the employee no longer committed disciplinary offenses and was not brought to justice.
2. It is also allowed early withdrawal of the penalty on the initiative of the employer or other responsible persons empowered with the necessary authority (for example, the immediate supervisor of an employee who is held accountable). If the employer independently makes a decision of this kind (for example, due to the fact that the employee has improved), then an appropriate order should be issued to them. If the withdrawal occurs at the request of other responsible persons, then such a memo is submitted to the manager with a request to withdraw the penalty, and if the request is satisfied, the employer issues a corresponding order.
3. It is not excluded that the penalty can be lifted on the initiative of the representative body of employees. The procedure in this case will be similar to that described above.
4. Removal is also permissible on the initiative of the employee himself. In this case, he should independently apply to the employer with a request to remove the penalty in view of the fact that the punishment incurred, in his opinion, has reached the goal and he is fully aware of his guilt. The employer, in case of a positive decision, also issues a corresponding order.

On the employee's right to appeal the applied disciplinary sanctions

Despite the fact that the employer, according to the law, has the right to bring employees to disciplinary responsibility, the latter have the opportunity to appeal against the decision made by the employer if they consider it unfair.

Initially, an employee has the right to express his position when writing an explanation with the provision of evidence that he has of his own innocence in the offense in question. If the employer is not satisfied with these explanations and nevertheless brought the employee to justice, the latter can appeal against the already announced reprimand.

An appeal against a reprimand is made by filing an appropriate application:

• to the territorial body of the labor inspection;
• labor dispute commission;
• judicial instances.

With the labor inspectorate, everything is more or less clear, since for sure every worker has ever come across the activities of this organization. This state body is empowered to carry out supervisory and control activities in certain territories for compliance with the norms established by labor legislation and other regulatory legal acts containing labor legal norms. The inspectorate is responsible for accepting applications from citizens for consideration with the subsequent provision of reasoned answers to them no later than 30 days from the date of application.

Labor dispute commissions are created locally at the initiative of the employer or employees and consist of equal number representatives of both sides. The competence of this body includes the consideration of individual labor disputes arising between management and employees if the parties cannot reach an agreement. The commission, in accordance with the Labor Code, must consider the dispute about which the employee has declared, no more than 10 days from the date of his submission of the application. The calculation of the term starts from the day following the day of submission of the application, taking into account calendar (and not working!) Days. Note that labor legislation also defines the range of disputes that cannot be considered by labor commissions.

Well, the last on the list (but not at all in terms of importance and effectiveness) is the way to protect their labor rights, expressed in going to court. The procedure for applying is determined by the provisions of the Code of Civil Procedure of the Russian Federation. In this case, the employee who appeals against the disciplinary liability must file a statement of claim with the court, which indicates all the factual circumstances of the case, and attach the evidence in his possession of the illegality of the reprimand. In addition to evidence, a document is attached to the claim confirming the payment of the state duty by the plaintiff.

In the event of a positive court decision, the employee will be able not only to cancel the reprimand issued to him, but also to collect from the employer the costs incurred to pay the state duty and the payment for the representative's services (if he applies for legal assistance). In addition, if the employee, as a result of bringing him to disciplinary liability, was deprived of incentive payments and bonuses, the employer is obliged to pay him the amounts due. If the court considers that the bringing of the employee to responsibility is justified, the legal costs to the employee are not compensated and the reprimand will remain in force until it is lifted in the manner prescribed by law.

Receiving disciplinary action by an employee is usually punishment for the violation... However, sometimes such a measure is applied unfairly and can be challenged.

This is a disciplinary measure that fulfills several important features... It is simultaneously intended to punish the guilty employee and to motivate to devote Special attention their quality of work and behavior.

This is a relatively tough penalty. When violations repeat, an employee runs the risk of being dismissed.

However, in the future, when problems are eliminated, the penalty may be removed from the employee. After a year it is done automatically... But you can do this earlier, both at the request of the employee himself, and at the request of his immediate superior.

In this situation, it is published new order of appropriate content.

According to the legislation

If the fined employee receives a reprimand or reprimand as a disciplinary sanction, this is not recorded in work book... An entry can be made in a personal file, but this is optional.

Labor Code provides three types of disciplinary punishment... The list includes a remark, a reprimand, a dismissal.

What is the difference between a remark and a reprimand

There is a point of view that measures of influence should be increasing: first a remark is announced and only then a reprimand... In fact, no such principle is noted in the Labor Code. The difference between the two is the severity of the disorder. The employer has the right to apply them in the order he deems more correct.

After two reprimands, the boss gets the right to fire the employee. The only condition is that they must be made for various violations.

It refers to two main types of situations:

1. If the employee does not fulfill his official duties.
2. In case of violation of labor discipline.

It is important to take into account that the first of the reasons given is possible only when certain conditions:

1. The company has job descriptions.
2. This employee is familiarized with his instructions against signature.

If this is not done, then such a disciplinary measure is illegal.

When choosing how grave the violation for which a penalty is announced should be, it should be borne in mind that in two such cases, an employee can be fired.

Disciplinary action cannot be applied later than one month after the misdemeanor was committed. If a violation is revealed by a special check, then the deadline is increased. up to two years.

If the employee was on sick leave at that time or was on vacation, the period is increased by the corresponding period of time.

What is a severe reprimand

The labor activity of employees is regulated by the provisions of the Labor Code of the Russian Federation. This document sets out the permitted disciplinary action.

There is no severe reprimand in the specified list. That is, in ordinary situations, the employer does not have the right to apply it.

However, employees in certain areas of activity may also be subject to some additional documents.

For this, the state can be approved Federal Laws, various disciplinary provisions or statutes.

In particular, such documents are provided for the internal troops, the prosecutor's office, customs, the Armed Forces and in some other cases. They provide for the possibility of imposing the punishment in question, which is absent in the articles of the Labor Code of the Russian Federation.

The application of this measure occurs in the event of establishing the facts of violations of labor discipline or in case of improper performance of duties. The essence of the application is that the boss thus expresses a negative assessment of the employee's actions.

Impact has several constituent parts:

1. Employee behavior is assessed... In this case, it is negative.
2. Has a preventive effect... The perpetrator is expected to refrain from doing wrong in the future.
3. There is also a motivational impact... The employee receives additional motivation to comply with labor discipline.

There are no significant differences between the usual and severe punishments. The difference is that the latter correspond to a more serious offense.

Here Several variants for situations suitable for declaring the penalty in question:

1. It is appropriate in a situation where an employee does not perform official duties or does it in an inappropriate manner.
2. Absence from work without a good reason is, of course, a violation of labor discipline. However, if we are talking about a long absence, then in this case it can be announced.
3. The use of punishment is permissible if you are late for work.
4. For damage to the property of the employer, organization or third parties.
5. If you appear at work drunk or under the influence of drugs, this will entail appropriate punishment.
6. Sometimes in the event of serious, acute conflicts with the team or management, punishment may follow.

The procedure for applying this punishment similar to a regular reprimand... Upon receiving a second punishment, the perpetrator has the right to dismiss. As a consequence, it is possible to withdraw the premium or to deprive the promotion in some other way. The entry into the work book is not done.

This disciplinary penalty can be lifted. This is done in the same way as when receiving the usual collection.

As announced at work

Such a disciplinary measure is used when the employee does not fulfill his duties or there has been a violation of labor discipline. In order to do everything right, the registration must take place in the following way:

1. First, the fact of misconduct must be documented. This is usually done by sending a memo from the offender's immediate superior. Another possible variant- this is the drawing up of an act on behalf of the commission appointed by the employer.
2. Although the fact is at this point established, it is necessary to obtain an explanation of the culprit. There may always be a chance that he will be able to explain the behavior in a note and give good reasons to justify what he did. For example, in case of absence from work, he will indicate the reason that he is ill. Two days are given for this.
3. A situation is possible when the employee refuses to explain anything. In this case, it is necessary to draw up an act stating that this was offered to him, and the refusal departs from him personally.
4. Next, a reprimand order is issued. It must contain a link to the documents that substantiate it.
5. The order must be signed by the head.
6. After the expiration of three days, there must be a signature of the violator.

Receiving such a disciplinary action twice gives the right to fire an employee. But at the same time, the reasons for which the punishment was imposed must be different kinds.

With the passage of time, the foreclosure can be lifted. If this was the only reprimand, then the next one will not be enough for dismissal.

In some cases, the boss may do in the following way... If an employee committed a misconduct, they might not pay attention to him. After he receives a reprimand for another reason, the boss may remember about forgiveness and change his mind by issuing a second reprimand for him. Thus, the employee will unexpectedly face the threat of dismissal.

How to appeal

The reprimand must be consistent with rules of registration... If there has been a violation, it can be challenged outside the enterprise by going to court or labor inspectorate for an appeal. In this case, the penalty may be lifted, and the dismissal may be declared illegal.

Appeal is admissible within a month after receiving the claim... To contact the regulatory authorities, you must write a statement outlining the essence of the incident, a copy of the provided explanatory note, a copy of the order to impose a penalty and prepare your passport.

Possible examples of judicial practice

Here is one example of an employee's successful defense of his rights by going to court.

In one of the district courts a case was considered on the claim of A. S. Ivanova. She worked as a dentist in a district clinic for many years. At the time of going to court, he is a doctor of the highest category. Accuses the management of the polyclinic of illegal orders to issue reprimands. Claims to cancel them, compensation for moral damage and payment for the services of a lawyer at the expense of the defendant.

The court carefully considered the case and found out that the reprimand orders were drawn up on the basis of the memos of other employees and that no written explanations were requested from Ivanova.

The other party argued that the plaintiff had refused to provide an explanation. But at the same time, an act had to be drawn up, but this document was not provided.

Thus, the court noted that there had been a violation of the reprimand procedure in all the cases examined and canceled the relevant orders. At the same time, he ordered the defendant to pay for legal services for the plaintiff.

In this case, the violation of the established procedure led to the removal of the reprimands.

An overview of being reprimanded for being rude at work is presented below.

A reprimand is a fairly strict disciplinary measure that can serve as one of the factors for dismissal and therefore requires an exceptionally correct approach of the employer to its application. Consider the main nuances of the procedure for reprimanding an employee, as well as possible legal consequences for the employee and the employer.

Does Article 192 of the Labor Code of the Russian Federation define a reprimand as a type of disciplinary sanction?

A reprimand, along with measures such as reprimand and dismissal, in accordance with the provisions of Art. 192 of the Labor Code of the Russian Federation is a type of disciplinary sanction. At the same time, the management of the enterprise must clearly understand what an employee can be reprimanded for. Practical significance a reprimand can be expressed in 2 main aspects:

• Firstly, a reprimand as a disciplinary sanction can be one of the legal grounds for dismissing an employee (clause 5 of Article 81 of the Labor Code of the Russian Federation) for repeated failure to perform duties in the presence of a disciplinary sanction. At the same time, a reprimand, on the one hand, is a disciplinary sanction, and on the other, a fact that indicates at least one failure of an employee to perform his duties. 2 reprimands, provided that they are legal (how to ensure their compliance with this, we will consider further), give the employer the right to dismiss the employee. But only if they were made for various offenses (Article 193 of the Labor Code of the Russian Federation).
• Secondly, a reprimand can be seen as one of the measures to increase industrial discipline... From this point of view, its imposition has more psychological than legal significance. The employee who received rebuke, recorded in a personal file, is likely to want to rehabilitate himself in the eyes of the employer and start to work better.

How to get a reprimand for improper performance of official duties

The official imposition of a reprimand is a legal fact, therefore, this procedure must be duly formalized. The Labor Code of the Russian Federation and other federal legal acts do not contain regulations that would determine how rebuke, but, based on practice, this action is recommended to be carried out according to the following algorithm:

• First, the employer must document the fact of non-fulfillment (or incorrect fulfillment) of the employee's duties. Most often this is done by sending a memorandum to the director of the company by the immediate supervisor of the employee who committed the misconduct. You can also fix a misconduct using an act, which is drawn up by a commission formed by the head of the company in order to assess the employee's actions.
• Secondly, the employer, before issuing a reprimand, must give the employee the opportunity to explain the actions he has taken. To do this, it is necessary to send the employee a notification about the submission of an explanatory note.
• Thirdly, the employer needs to wait 2 days - this is how much time the employee has to draw up an explanatory note (Article 193 of the Labor Code of the Russian Federation). If he does not do this, the employer should draw up an appropriate act. Further (and also in the event that an explanation is presented, but the employee's arguments do not look convincing), it is already possible to issue a reprimand.

A reprimand is issued by issuing an order signed by the head of the company.

In the order to issue a reprimand, you need:

• indicate that all the documents that we mentioned above are attached to it: a misdemeanor memo (or an act of the commission), a notice of the need to submit an explanatory note, an explanatory note itself, or an act of failure to submit it;
• indicate the dates and names of the relevant documents.

A reprimand order must be signed:

• the head of the company;
• by the employee himself within 3 days from the date of the order.

If the employee refuses to sign the document, it will be necessary to draw up an act of this (Article 193 of the Labor Code of the Russian Federation).

Information about taking out to an employee reprimand can be recorded in a personal file.

Is it possible to give a reprimand without comment and is it imposed for absence from the workplace

A remark is also a disciplinary sanction, but it is considered a softer sanction, since in Art. 192 of the Labor Code of the Russian Federation is slightly higher in the list of punishments. A reasonable question arises: should a reprimand precede the reprimand, or can it be avoided?

Labor legislation does not rank punishments according to the degree of guilt and does not establish a strict sequence of their imposition. Therefore, the employer himself has the right to assess how much the employee is guilty of the violation and what kind of sanction he deserves.

So, for absence from work, a reprimand can be made if there were valid reasons for missing working time, a reprimand can be made if this is done deliberately without substantial grounds, and even dismissal is possible when such a violation is of a systemic nature.

Only one unchanging principle should be observed here: one violation - one type of punishment.

What is the time frame for the reprimand

A reprimand, like any other disciplinary action, must be issued by the employer within one month after the employee's misconduct is identified. The firm does not have the right to punish the employee later. The specified period may be extended if the employee is absent from work due to being on sick leave or on vacation (including study).

The deadline for an employer to issue a reprimand is 6 months. True, if a misconduct is revealed during an audit (for example, an audit), a reprimand may be issued after no more than 2 years have passed from the established moment of committing this misconduct.

Sample reprimand for improper performance of official duties

In order not to create a new document every time and not to remember how this or that information is given in it, it is better for the company to use a ready-made template. We present on the site one of the versions of the document. The management will have to take this sample as a basis before reprimanding the employee and, if necessary, changing the wording and surname of the offending employee, print the required order.

How an employer can cancel a reprimand

It happens that the employer comes to the conclusion that the employee has been unlawfully punished and wants to remove the reprimand from him. How can I do that?

Very simple. All that is required in order to cancel the reprimand is to issue the appropriate order from the head of the company. It can be drawn up at any time (Article 194 of the Labor Code of the Russian Federation). The employee himself or his immediate superior can also apply for the removal of the reprimand.

An employee is considered to have a disciplinary sanction upon its imposition for exactly 1 year, if during this time he does not commit other offenses, followed by other disciplinary sanctions (Article 194 of the Labor Code of the Russian Federation). In this regard, there is 1 more option for withdrawing reprimand from an employee - wait for its automatic cancellation.

Legal consequences of a reprimand at work for an employee

According to Art. 66 of the Labor Code of the Russian Federation, data on the reprimand are not recorded in the work book. As a last resort personnel service can (but is not obliged) to enter information about the reprimand in the employee's personal card, which is an internal document. So the new employer, as well as any other entity, most likely will not be aware that any disciplinary sanctions were applied to the person.

This means that from the point of view of relations with the new employer (or some other persons legally independent of the current employer), the presence of a reprimand at work will not have significant legal consequences for the employee.

But the employee may be interested in saving current work... And in this case, it will be useful for him to pay attention to 1 nuance.

In accordance with paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, the employer has the right to dismiss an employee if he admits repeated failure to fulfill his job duties. Including the misdemeanor for which the employee was reprimanded. The nuance is that the employer can use the following interesting mechanism for applying the norms of paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, taking into account the provisions of Art. 193 of the Labor Code of the Russian Federation, establishing a one-month period for imposing disciplinary sanctions.

Upon discovering the employee's misconduct, the employer may established scheme take him out rebuke and immediately issue a new order - for some other offense within a month (if, of course, there was such an offense).

It turns out that the employer will have 2 proven facts of violation of labor discipline and he will immediately have the right to dismiss the employee. So employees who once committed a misdemeanor, to which the employer seems to have turned a blind eye, should not provoke their superiors to issue an already formal disciplinary sanction - it may have direct legal consequences for them in the form of dismissal.

Employee reprimand: legal implications for the employer

A reprimand is a legal fact, and it must be correctly issued. Many people forget that, for example, the Labor Code of the Russian Federation does not provide for any severe reprimands. The employer does not have the right to officially use this phrase. If he nevertheless issues a severe reprimand to the employee, then the labor inspectorate (if the employee complains there) can:

• firstly, to write out an impressive fine to the company on the basis of clause 1 of Art. 5.27 of the Administrative Code of the Russian Federation;
• and secondly, to annul the severe reprimand order.

In addition, the employer has the right to issue any disciplinary sanction, including a reprimand, only if the employee does not fulfill or does not correctly fulfill his job duties... However, these responsibilities must be fixed somewhere: in the contract, job description, labor regulations. And if the employer, for some reason, did not familiarize the employee with his duties against signature, then the right to issue rebuke for their failure, he has not.

Dismissal on the basis of a severe reprimand, other non-existent disciplinary sanctions, as well as when the reprimand is imposed outside the regulatory framework, can be successfully appealed by an employee in court with a high probability of success. As a consequence, the court can oblige the employer to reinstate the person at work. And immediately. If the company does not do this, it will have to pay the employee a salary for the time that he was absent from the workplace, although by virtue of a court decision he should have been present (Article 396 of the Labor Code of the Russian Federation).

Outcomes

A reprimand is an official procedure, enshrined at the level of a local document (in the order of the head of the company), on the application of an appropriate disciplinary measure against an employee.

However, the issuance of this order to the authorities must be properly formalized by preparing a documentary base, including:

• sources that record the misconduct (memo, commission act);
• notification of the employee about the need to draw up an explanatory note;
• in case of failure to provide an explanatory note - an act about it;
• in case of refusal to sign the order on reprimand by the employee - also the corresponding act.

Rebuke should not be called a severe reprimand, otherwise the labor inspectorate or the court will annul the order to issue it.

Rebuke must be reasonable. It can be issued due to the employee's failure to fulfill only those duties that are fixed in the provisions of documents signed by the employee, such as an employment contract, job description, labor regulations of the company.

You can find out about other important aspects of modern personnel management from our articles: