Statement of claim for disciplinary action. Sample statement of claim for cancellation of a disciplinary sanction order. Institutions for appeal

For improper performance or failure to perform at all hired personnel of their duties, the employer has the right to involve subordinates in disciplinary liability. If an employee does not agree with such a decision and believes that it violates his legitimate rights and interests, he has the right to appeal such a disciplinary sanction.

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What it is?

Any employer, hiring employees and paying them wages, hopes in return to receive a responsible approach to the performance of their job duties. But there are cases when employees neglect their work or cannot cope with it due to various reasons.

In this case, the legislator has given the management of enterprises the right to bring unscrupulous personnel to disciplinary liability for violation labor discipline. On the other hand, if employees believe that they have been punished illegally or unreasonably, they have a legal opportunity to appeal such a penalty.

Therefore, the employer should approach the disciplinary process very seriously, having first clarified all the nuances of the incident.

Options

If an employee performs his job duties at an inadequate level, management has the right to apply the following disciplinary measures to him.

Article 192 of the Labor Code of the Russian Federation defines three penalties:

• comment;
• rebuke;
• dismissal.

Management can issue an order to impose penalties, both in the case of systematic violations and a one-time gross offense.

If an employee does not agree with such a decision, he can appeal it by contacting the authorized body, submitting supporting documents and other evidence, for example, testimony of witnesses.

An employee has the right to challenge a disciplinary sanction if he believes that there is no guilt in his misconduct, it has not been proven, or he has every reason to claim that the documentation was drawn up incorrectly.

Video: Memo to employee

Institutions for appealing a disciplinary sanction

In the event that an employee does not agree with the order issued to punish him, he can appeal such a penalty.

Appeal disciplinary action:

Practice shows that citizens choose labor inspectorates or the Labor Inspectorate as the authority to appeal a disciplinary sanction.

Documentation

An application to appeal a penalty must be argued and proven to be a violation of one’s rights.

As evidence, the hired employee can submit the following documents:

• reports, office notes from the employee or management, describing the fact and nature of the violation;
• acts, orders imposing disciplinary sanctions;
• explanatory notes from the offending employee, and if they refuse to provide them, relevant acts;
• employment contract, job description or other local regulations, which regulate the employee’s work procedure (with his signature on familiarization);
• At the request of the authority that is considering the dispute: work schedules, job descriptions, copies of safety logs and other information that can be used as evidence of a disciplinary violation.

The obligation to prove and document the fact of misconduct lies with the employer, the right to justify the impossibility of proper performance lies with the employee.

Competent document flow will always help the parties in any dispute that arises.

Procedure

In order to express his disagreement with the measures taken regarding him, the employee must prove his innocence, violation of the terms of such a penalty, or its legality.

Russian legislation clearly regulates the procedure for bringing an employee to disciplinary liability, and if it is proven that the employer violated it, the appeal will have a positive outcome.

The appeal procedure consists of several mandatory steps:

1. Collection by the employee of all necessary documents in order to draw up a competent and substantiated statement or claim.
2. Careful consideration by the authority to which the employee applies of the entire procedure for bringing him to disciplinary liability. The fact of the offense itself, its recording, explanations on the part of the offender, the legal assessment of the order issued by management, and the employee’s familiarization with it are studied.

If during the inspection it is discovered that the penalty was imposed in violation of the law, it will be removed.

If the dispute must be resolved by the court, and the employee demands the cancellation of the imposed penalty, the applicant must file a corresponding claim with the court at the location of the employer.

In the case where there has been a dismissal and the applicant demands reinstatement at work with payment wages for forced absences, such issues are decided by the district court.

The application must clearly state the reason why the penalty was applied (such a reason must be indicated in the employer’s order). It is also necessary to indicate the number and date of such an order, as well as attach a copy of it. The employer is obliged to issue such a copy upon written request from the employee within no more than 3 days.

If the employee has evidence of violation by the employer of the rules labor legislation, he can also contact the prosecutor's office.

Deadlines

The law sets aside a certain period for the opportunity to appeal a disciplinary sanction, which depends on the authority to which the employee applies.

An employee has the right to appeal if the penalty was issued:

• inappropriately;
• in violation of deadlines;
• without a written explanation from the offender;
• if the employee was on sick leave or on vacation;
• again for one violation.

If you plan to appeal to the labor dispute commission or labor inspection, then the employee has 3 months at his disposal. An exception is if dismissal was applied as a punishment. Then the terms are reduced to 1 month.

If the decisions of these authorities do not satisfy the applicant, he also has the right to go to court.

Upon expiration of the limitation period, that is, if the employee missed the allowed deadlines for appealing, and the employer indicated at the moment, then arbitrage practice shows that the plaintiff has practically nothing to hope for in such a case.

Document forms

Consequences

If the authority that is considering the application to appeal a disciplinary sanction makes a decision in favor of the employee, the employer must withdraw or appeal the previously issued order imposing the penalty.

If dismissal was chosen as a penalty, the employee is reinstated and paid wages for the period of forced absences.

In addition, in accordance with the provisions of the Civil Code, all costs for the consideration of the dispute are paid by the guilty party. That is, when the legality of the dismissal is confirmed, all costs fall on the shoulders of the plaintiff.

As for the employer, he bears administrative liability for illegal dismissal. Gross violations of labor laws can even threaten the enterprise with the suspension of its activities.

Managers of enterprises and individual entrepreneurs may be charged a fine of 1,000-5,000 rubles, and legal entities - 30,000-50,000 rubles.

If an employee has been unfairly punished or fired, this is not a reason to despair. You can and should defend your rights.

Labor Code of the Russian Federation. Article 192. Disciplinary sanctions For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

• comment;
• rebuke;
• dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline (part five of this Code) may also provide for other disciplinary sanctions for certain categories of employees.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of part one of paragraph 1 or of this Code, as well as paragraph 7, 7.1 or 8 of part one of Article 81 of this Code in cases where guilty actions , giving grounds for loss of trust, or, accordingly, an immoral offense was committed by the employee at the place of work and in connection with the performance of his job duties.

It is not permitted to apply disciplinary sanctions not provided for federal laws, charters and regulations on discipline.

When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

Two types of penalties cannot be applied for one act.

But penalties can be combined with measures of material impact against violators, for example, with systemic provisions on wages.

Institutions for appeal

An order to impose a penalty can be issued by the employer, either due to systematic violations or serious one-time violations.

Civil Procedure Code. Article 12. Administration of justice on the basis of competition and equality of the parties

1. Justice in civil cases is carried out on the basis of competition and equality of the parties.
2. The court, while maintaining independence, objectivity and impartiality, manages the process, explains to persons participating in the case their rights and obligations, warns about the consequences of performing or not performing procedural actions, provides assistance to persons participating in the case in the exercise of their rights, creates conditions for comprehensive and complete examination of evidence, establishment of factual circumstances and correct application of the law when considering and resolving civil cases.

Documents for disciplinary action

To provide a reasoned substantiation of their position in court, the parties must submit a package of documents on the controversial issue.

It can be:

• the employee's immediate supervisors about the fact of violation;
• acts of imposition of penalties;
• in the absence of explanatory notes -
• local regulations or agreements with employees, which describe the correct procedure for employees, with confirmation of familiarization with them;
• if necessary: ​​work schedules, job descriptions, copies of safety logs - everything related to evidence of a disciplinary violation.

Obligation to prove and document the fact of misconduct lies with the employer the right to justify the impossibility of proper performance rests with the employee.

Example

The management of the enterprise reprimanded inspector K. for unintentionally damaging an expensive measuring instrument, depriving him of his bonus, deducting the cost of the tool from wages and warning of further dismissal in case of recurrence causing material damage.

As evidence was given memo shift foreman about the failure of the site to complete the task due to the specified breakdown, card inventory accounting with the signature of the controller, an employment contract with a clause on financial liability.

The administration motivated by the fact that the tool was registered with this employee. IN State Inspectorate labor and collection and retention the order was appealed about disciplinary action.

Firstly, ensuring the safety of property is not the main production function controller; secondly, the fact that the damage was intentionally caused by this particular person was not proven; other workshop workers also had access to the tool; there were no conditions for closed storage of this tool.

Consequences

or appealed order the imposition of a disciplinary sanction does not have any negative consequences for the employee.

Wrongfully dismissed employees are subject to reinstatement with payment of the amount of average earnings for the entire period of forced absence at the expense of the employer.

Legal costs under the Civil Code of the Russian Federation the guilty party pays, and if the legality of the dismissal is confirmed, the plaintiff.

The employer, in addition, bears administrative responsibility for illegal dismissal.

The Code of Administrative Offenses provides for the imposition fine or when gross violations are detected - suspension of the enterprise's activities.

For business leaders and individual entrepreneurs a fine may be imposed in the amount of 1,000 to 5,000 rubles, for legal entities - from 30,000 to 50,000 rubles.

If an employee has been unfairly punished or fired, this is not a reason to despair.

You can and should defend your rights. Conscientious attitude to work will help solve many problems, related to conflicts in the field of labor relations.

Didn't find the answer to your question? Find out, how to solve exactly your problem - call right now:

This type of penalty is imposed when an employee improperly performs his or her job duties. Such punishments include: reprimand, reprimand or dismissal. Although there are other methods of collection. If you think that management has unfairly held you accountable, contact the judicial authorities. To do this, it is necessary to draw up a statement of claim to cancel the disciplinary sanction and send it to the local court branch.

Citizens often file claims after being fired from their jobs. When writing a petition, consider the following features that will help you win your case:

• Before applying a penalty, it is necessary to accurately establish the guilt of a specific employee;
• the circumstances of the offense are preliminarily identified and its severity is assessed;
• even before introducing punishment, management must demand from the employee explanatory note(usually in writing);
• More than one penalty cannot be imposed for one offense, and they can be imposed within the first month from the moment the violation is discovered.

If at least one of the points was not observed during prosecution, the chances of satisfying the claim increase significantly.

What to consider when going to court?

To cancel an order issued by the employer, find a well-written sample statement of claim about the cancellation of the disciplinary sanction, edit it and submit it to court. In your petition, set out in detail the details of the situation, tell about your own actions for which you were punished, tell them why you consider it illegal, and provide arguments to support your claims. You should first contact management for the issuance of documents describing your work.

Before doing so, you should contact the labor inspectorate with a complaint. The results of communication with this authority must be attached to the claim. Usually the employer ignores decisions made in this body. It is better to submit a petition to the court to the department of the district where the defendant is located or the employment agreement is being executed. In this case, you do not need to pay the state fee. If you are fired, you have up to thirty calendar days to challenge the decision. For other penalties, this period reaches three months. It starts from the day the order of punishment is received.

How to write an appeal to the judicial authorities correctly?

In a statement of claim to cancel a disciplinary sanction, you can also demand wages or other payments, including compensation for damage, etc. However, for this you will have to work out the structure of the claim and select sufficient grounds. At the top, the name of the body you are applying to (district court) is indicated as standard. Then you need to provide information about the plaintiff and defendant (full name, company name, addresses and telephone numbers). Next, we can move on to the essence of the claim:

• Since when have you been working for this enterprise and in what position;
• number and date of the employment order for this company;
• information about the penalty imposed by management illegally (date, document number, etc.);
• in what form the punishment was imposed, and for what offense;
• Why do you consider this disciplinary sanction illegal?

Then you can proceed to presenting references to legal norms that confirm your rights. You should also report the violations committed by the employer, which were mentioned above. It is important to prove not only the fact of illegality of management’s actions, but also violation of the procedure for its application. Another sample statement of claim to cancel a disciplinary sanction must include a justification for the harm caused. What was the moral damage (stress, sleep disturbances, depression, etc.) and how much do you estimate it? After this, all that remains is to state your own requirements, list the documents attached to the claim, and put a date and signature.

How to correctly formulate claims?

First of all, we must refer to the law. What standards should be followed when considering and satisfying claims? In the case of disciplinary action, it is necessary to refer to labor and civil legislation. There are several types of requirements you can make:

• cancellation of the collection order imposed on the plaintiff (indicating the order number, date of imposition and type of punishment);
• (write the amount and name of the employer);
• cancel other orders and eliminate the consequences relating to this case.

In order for the requirements to be satisfied, you will have to find documentary evidence of your own arguments. Moreover, all papers must be copied and certified, if necessary.

What documents will be required to satisfy the claim?

The following documents must be attached to the statement of claim to cancel a disciplinary sanction:

1. Copies of the petition according to the number of parties participating in the proceedings.
2. Employment contract and order of employment for the current position.
3. Job descriptions, as well as orders to impose punishment.
4. Office notes concerning the circumstances of the case.
5. Explanatory papers sent by the plaintiff to the employer.
6. Other documents that may influence the decision of the judicial authorities.

All copies must be certified by a notary. If you are sending a representative to the meeting, attach to the list of papers a power of attorney to carry out certain actions. Documentary evidence of violations committed by the employer during the imposition of penalties will also be required.

The success of the entire enterprise depends on how thoroughly the claims are processed, how competently you justify your own arguments, and whether you are able to correctly draw up the documentation. To participate in a court hearing, it is better to hire. He will also help you draw up an application. If this is not possible, use finished sample claim.

from 03/02/2020

An employee files a claim for disciplinary action when he considers the application of liability measures against him by the employer to be unlawful. Maybe due to the absence of the very fact of violation. Or maybe violations of the procedure for holding people accountable for violations.

Workers are required to observe discipline. The employer is responsible for organizing the work process and has the right to demand that employees perform the tasks assigned to them. He can also punish the employee by imposing a disciplinary sanction. For failure to perform or improper performance of labor duties. But only if the procedure regulated by law is observed.

An employee can send a statement of claim for disciplinary action to the court not only with a demand to cancel the punishment. But also include a demand for compensation and amounts not paid in connection with the punishment.

Example of a statement of claim

To Shuryshkarsky District Court

Yamalo-Nenets Autonomous Okrug

p. Muzhi, st. Yadrintseva, 3,

tel. 356245214552

Filing a claim in court

The statement of claim is submitted no later than 3 months from the date the employee familiarizes himself with the relevant order. But if the employer chose dismissal as a disciplinary sanction, then only for 1 month. The employee sends the statement of claim to the district court of his choice. Either at your place of residence, or at the location of the employer or performance of work (when the condition regarding the place of work is specified in the employment contract).

Not always required

In ___________________________ district court of _______________________________________ Plaintiff: ___________________________________ __________________________________________ (full name, place of residence, telephone) Defendant: ________________________________ __________________________________________ (full name, place of residence, telephone)

State fee 1

1 According to Art. 393 of the Labor Code of the Russian Federation when filing a claim in court for claims arising from labor relations, including regarding non-fulfillment or improper fulfillment of conditions employment contract that are of a civil nature, employees are exempt from paying fees and court costs.

STATEMENT OF CLAIM to appeal a disciplinary sanction

I, ____________________ (full name of the plaintiff), have been working at ____________________ (full name of the employer) since “_____” __________ ____ (full name of the employer) in the position of ________________, which is confirmed by a copy of the employment order No. ____ from “_____” ____________ _____ G.

By Order No. ______ dated "_____" __________ _____ I was brought to disciplinary liability in the form of ______________ (remark, reprimand) for the following violation: ______________________.

I believe that the disciplinary sanction was applied to me unlawfully for the following reasons: _________________________ (give arguments and evidence confirming the plaintiff’s arguments: explanations of witnesses, written evidence, other evidence).

Based on the above, guided by Art. Art. 192, 193 Labor Code Russian Federation, guided by Art. Art. 22, 24, 131, 132 of the Civil Procedure Code of the Russian Federation,

ASK:

Cancel the disciplinary sanction imposed on ___________________ (full name of the plaintiff) in the form of __________________________.

Applications 1:

1 Copies of documents confirming the circumstances on which the plaintiff bases his claims are attached to the statement of claim for the defendants and third parties, if they do not have them.

1. A copy of the statement of claim for the defendant.

2. A copy of the order to hire the plaintiff, a copy of the employment contract, a copy of the order to impose a disciplinary sanction on the plaintiff, a written explanation of the violator of discipline, etc.).

"_____" ___________ ______ ________________________ Signature, transcript

Source - "Statements of Claim. Typical Errors: Educational and Practical Guide", "Prospectus"

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