The administration of the enterprise imposed a penalty on the offending employee. Disciplinary sanctions: commandments for personnel officers. What did my employer do wrong?
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Without unnecessary words and excuses
I made a mistake at work. The explanatory note did not help, and the administration reprimanded me. Not verbal, but what is brought into a personal file.
challenged the disciplinary sanction
The administration really could have brought me to justice under the labor code, but they did it wrong. So I challenged the remark and it was overturned. Now there are no more offenses on my record.
In this article, I will tell you when and how you can challenge disciplinary action at work.
An argument can be won, but a relationship can be ruined.
The author of this article went against the employer: he complained to the labor dispute commission, got the order to impose a disciplinary sanction overturned, and defended his position in court. After this, the attitude towards him at work did not change, everything remained the same. But the author's story is a special case.
Sometimes you can win an argument, but ruin your relationship with management. The boss may harbor a grudge, and the consequences may be worse than what the argument was about.
Therefore, before suing your employer, think about whether the game is worth the candle. Especially if you are satisfied with your job.
A good salary is not a reason to bend over backwards and indulge your boss in everything, especially at a job you don’t like. Sometimes it's better to quit, or
What is disciplinary action
If an employee fails to fulfill his duties or performs them poorly, the employer may take disciplinary action against him. This is a punishment provided for by the labor code. Disciplinary action can also be taken for being late, absenteeism, or non-compliance labor discipline, labor protection requirements and other offenses.
There are three types of disciplinary sanctions: reprimand, reprimand and dismissal. There can be no other punishments. The easiest of disciplinary sanctions is a reprimand. The most severe thing is dismissal, information about it is entered in work book. If an employee was fired for misconduct, the new employer will definitely find out about this and ask for details - this is not pleasant.
The law does not establish rules according to which one offense is punished with a reprimand and another with a reprimand. Everything is decided by the employer individually and depends on the nature of the offense and its consequences. The exception is dismissal. The list of cases when an employee can be dismissed is established in Article 81 of the Labor Code. This, for example, is absenteeism, showing up at work drunk, or disclosing state secrets.
Term of punishment. By default, disciplinary action lasts for a year. If within a year from the date of application of a disciplinary sanction a new one is not imposed on the employee, it is considered that he has no disciplinary sanctions.
The employer may cancel the disciplinary sanction earlier - on its own initiative, at the request of the employee or at the request of his manager.
Consequences of disciplinary action. The consequences of dismissal are clear. It's nerves, time to search new job, unpleasant questions from a potential employer.
A reprimand or reprimand gives the employer the right not to pay incentive payments to the employee - some allowances and additional payments or a bonus - if this is provided for in the bonus regulations. In addition, if the employee commits a disciplinary offense again, he may be fired. All disciplinary sanctions are stored in the employee’s personal file or a folder with documents for the employee, which is kept by the employer - also nothing good.
I work as a leading engineer at state enterprise. We have many local acts with rules and restrictions that are unusual ordinary companies. Violating these rules is strictly prohibited. A minor offense that regular work can close their eyes, in a state-owned enterprise, it will most likely result in an official investigation and disciplinary liability.
So it was with me. Chronic fatigue towards the end of the year and loss of vigilance led to me being subject to disciplinary action in the form of a reprimand.
Why you can’t punish an employee
It is impossible to hold an employee accountable for failure to fulfill duties that he did not know about, or duties that are not specified in local regulations. regulations. For example, if it is lateness or absenteeism, the employee must be familiarized in advance with the work schedule, which is prescribed in the internal rules labor regulations. If you have not fulfilled any obligation, you must be informed in advance job description. If the employee’s signature is not in the instructions or the employee fails to fulfill an obligation that is not in the instructions, it will not be possible to hold the employee accountable.
An employee’s refusal to work, which poses a danger to his life and health and violates labor protection requirements, is also not a disciplinary offense.
When and how is discipline applied at work?
Involve the employee in disciplinary liability not easy. The Labor Code protects workers from unlawful actions of employers. To impose a penalty on an employee, you need to draw up a bunch of acts and orders and meet specific deadlines.
Order. There is a certain procedure for bringing to disciplinary liability. If it is violated, the punishment becomes illegal and must be canceled.
Once misconduct is discovered, the employer must request a written explanation from the employee. If the employee does not provide an explanation within two working days, the employer is obliged to draw up a report about this. Then an internal investigation of the misconduct is carried out or a violation report is drawn up job responsibilities, confirming the fact of violation of labor discipline.
Only after this the employer issues an order to impose penalties on the guilty employee. The order must indicate why the employee is punished and what penalty is applied to him. The order is drawn up on the basis of the conclusion of an internal investigation or an act of violation of labor discipline.
The employee is familiarized with the order to apply a disciplinary sanction against his signature within three working days from the date of its publication. The time when an employee is absent from work is not counted. If the offender gets sick or decides to take a vacation, he will still be familiarized with the order - but the period of familiarization will be counted from the moment the employee returns to work.
Deadlines. Disciplinary action is applied no later than one month from the date of discovery of the misconduct. Usually the day the offense is discovered is the day it was committed. But if it is unknown who committed the offense and whether there was any offense at all, the day of discovery is considered the day the official investigation is completed.
The law establishes another deadline that the employer must comply with in order to bring the employee to disciplinary liability. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense - or two years if the offense was discovered as a result of an audit or audit of financial and economic activities. The exception is penalties for corruption. It applies no later than three years from the date of commission of the offense.
That is, in order to impose a disciplinary sanction, the employer must comply with both deadlines: from the day of discovery and from the day the offense was committed.
The employer is required to provide evidence that they met both deadlines. Failure to comply with any of the deadlines is grounds for declaring an order to impose a disciplinary sanction illegal.
For example, if an employee missed work eight months ago, but this was only noticed now, disciplinary action cannot be taken. If the employee did not come to work and the employer knew about the misconduct, but decided to reprimand the employee two months after absenteeism, such a penalty is also unacceptable.
Documentation. After applying a penalty, the employer must have the following documents:
- An employee’s statement of failure to fulfill duties or an act of refusal to give explanations.
- The conclusion of an internal investigation or an act of violation of labor discipline.
- Order imposing a disciplinary sanction.
- A document that confirms that the employee has familiarized himself with the order to impose a penalty within the prescribed period or refuses to familiarize himself with it. This may be the order itself with the employee’s signature or an additional act.
If at least one of these documents is missing, the disciplinary sanction can be considered illegal.
What did my employer do wrong?
Either the administration at my enterprise did not know all the subtleties, or they were simply confused about the deadlines. I was disciplined after the legal period had expired. And the order to impose reprimands was also presented at the wrong time - on the fourth working day.
My immediate superior found out about my mistake the same day. An internal investigation was ordered, which lasted 28 days. In the conclusion of the commission for conducting an internal investigation, it was found that I violated the requirements of local regulations. By order of the deputy director, I was subject to disciplinary action in the form of a reprimand. It took 22 days to release.
I knew that these terms were contrary to the labor code. I was also hurt by the attitude towards me during the internal investigation. Therefore, instead of making excuses, I decided to challenge the order to impose a disciplinary sanction. I thought that this would be a quick and easy victory and that the issue would be resolved in ten days. But everything turned out wrong.
You can challenge a disciplinary sanction through a court or a labor dispute commission. You can also complain to labor inspection. The worker decides which way to go.
Court. Statement of claim You can go to court bypassing the labor dispute commission. The period for filing an appeal is three months from the moment the employee learned of a violation of his rights, or a month from the date of familiarization with the dismissal order. There is no need to pay state duty.
Labor disputes are heard by magistrates. An exception is cases of reinstatement and resolution of collective labor disputes.
Labour Inspectorate. The complaint to the inspectorate is drawn up in free form. It can be submitted through the “Online inspection-rf” service. A complaint may become the basis for an inspection of the employer, as a result of which the labor inspectorate has the right to issue an order to cancel the order to apply a disciplinary sanction.
It makes sense to complain to the labor inspectorate only if the employer has violated the procedure for imposing penalties. If the employee does not agree with the misconduct, the dispute between him and the employer is considered only by the court.
I had no desire to sue my employer or complain about him to the labor inspectorate. I wanted to resolve the issue as quickly as possible, so I turned to the labor dispute commission.
The dispute is considered in the presence of the employee or his representative. The CCC has the right to call witnesses to its meeting and invite specialists. The CCC makes a decision by secret ballot with a majority vote.
At the meeting, the employee is read his statement and asked questions. You need to be prepared for aggressive attacks from the employer. For example, they asked me why I was challenging the order because of missing deadlines, and not the subject of the dispute: they wanted to get a confession of guilt. Although failure to comply with the procedure for bringing to disciplinary liability is also grounds for declaring the penalty illegal. Therefore, I advise you not to give in to provocations and stick to your position.
In some organizations, there may not be a CCC; in this case, in case of a dispute, you need to go directly to the court.
Application to the CTS. The application to the commission is written in any form; there is no single template. You must contact the CTS within three months from the moment the employee learned of a violation of his rights. The statement must describe the essence of the problem and why the employee believes that his rights have been violated. Finally, you must indicate the requirements and sign.
I wrote as briefly as possible that I was brought to disciplinary liability in a manner contrary to the labor code. That was enough.
The application is written in two copies: one remains with the CTS, the second with an acceptance mark remains with the employee.
CTS decision. The Labor Dispute Commission agreed with me and indicated that my employer missed the deadline for bringing disciplinary action and violated the deadline for my familiarization with the order to impose a disciplinary sanction.
The decision of the CCC is mandatory for the employer. It must be executed within three days after the deadline for appeal has expired. Ten days are given to appeal.
Satisfied, I left the CCC meeting and began to wait for the decision to be implemented. But instead of canceling the order to impose a disciplinary sanction, the administration appealed the commission's decision in court.
If it didn’t work out without a trial
My employer did not agree with the commission's decision. In his lawsuit, he sought to shift the date the misconduct was discovered. The main argument is that the circumstances of the misconduct were established by an internal investigation, therefore the period for bringing disciplinary action should be counted from the moment the conclusion of the investigative commission is approved.
Despite the fact that the dispute was already between the employer and the commission, the court’s decision could affect my rights and interests. Therefore, after the first meeting, I was involved as a third party - this is required by law.
The court could not agree with the employer's arguments. Both according to the labor code and according to the Plenum of the Supreme Court, the day the misconduct was discovered is the day when the employee’s boss became aware of it.
My boss was summoned to court as a witness. He confirmed that he learned about my offense on the day it was committed. It is from this date that the period for bringing to justice should be calculated. The order to impose a disciplinary sanction on me was issued 50 days later instead of the established monthly period. I was also introduced to the order later than the legal deadline - on the fourth day after its publication.
Therefore, the court considered the decision of the CCC to cancel the order to impose a penalty to be legal and did not satisfy the employer’s claim. But it didn't end there.
Appeal. The administration filed an appeal against the decision to the regional court. It was possible to write an objection to the complaint, which is what I did. I had nothing to add to the decision of the local court, so my objections were contained in one paragraph: I ask you to leave the decision of the court of first instance unchanged.
I was too lazy to go to another city. It turned out that the employer’s representative did not go either. The regional court upheld the decision of the commission and the court of first instance.
How it all ended
My employer did not appeal the decision of the regional court. Based on the resolution, the administration canceled the order to impose a disciplinary sanction on me. No more comments.
If I had known that my complaint to the labor dispute commission would end in court, I would have filed a lawsuit myself and demanded compensation for moral damage. So it is possible.
I cannot say for sure whether any employee should appeal a disciplinary action. In my case, definitely yes. The attitude towards me has not changed: I work there.
Remember
- Misconduct at work may result in disciplinary action. This could be a reprimand, reprimand or dismissal.
- It is not easy to bring an employee to disciplinary liability - there is a certain procedure. If it is violated, the disciplinary action becomes illegal and can be challenged.
- To impose a disciplinary sanction, the employer must meet two deadlines: from the day of discovery and from the day the offense was committed. Failure to comply with any of them is grounds for declaring an order to impose a disciplinary sanction illegal.
When writing assignments on the topic " Labor law"We used material from the open data bank of FIPI and collections test tasks to prepare for the Unified State Exam. The assignments can be used when repeating the “Law” section of A.I. Kravchenko’s textbook.
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Assignments for preparing for the Unified State Exam on the topic “Labor Law”.
1.In which orderlegal proceedings, according to Russian legislation, are claims cases regarding disputes arising from labor relations considered?
1) administrative 2) civil 3) criminal 4) arbitration
2. Having learned that grandmaAn expensive operation is required, 16-year-old schoolboy Ivan decided to get a job as a salesman at a tobacco kiosk. He was satisfied with the expected salary and work schedule. But the employer refused to hire Ivan. Are the employer's actions legal? Explain your answer. Nameany two features of labor regulation for workers under 18 years of age.
3.Which of the followingcases, can a person go to court for restoration of violated rights?
1) Citizen A. was not accepted into the institute because she did not score required quantity points
2) Having returned to work after a long illness, citizen U. saw an order for his dismissal on the notice board
3) Citizen M., whose apartment was damaged by a fire due to her fault, was denied free repairs by the DEZ, citing lack of insurance.
4) During a hurricane, citizen F.’s car was damaged by a falling tree, but the DEZ administration denied him the right to compensation for material damage.
4. Based on the results of the competition forThe employer refused to fill the position of assistant secretary to 50-year-old Anna Ivanovna, who is fully qualified in her professional qualities job requirements. A 19-year-old student with no work experience or special education was hired. Anna Ivanovna considered her rights violated and went to court. Are Anna Ivanovna’s claims justified? Give a reasoned answer. In what legal proceedings will this case be heard? What procedural role will Anna Ivanovna have in the trial?
5.According to LaborCode of the Russian Federation individual who has the right and opportunity to work under an employment contract is called: 1) a worker 2) a partner 3) an employer 4) an employee
6.Are the following judgments about termination of an employment contract correct?
The grounds for termination of an employment contract include:
termination of an employment contract at the initiative of the employee. |
|
expiration of the employment contract. |
1) only A is true 2) only B is true 3) both judgments are correct 4) both judgments are incorrect
7. Find in the list below situations that are related to labor relations.
1) the mechanic was late for work 2) the teacher did not show up for class 3) the theater director was late for the anniversary
4) the boss was late for the meeting 5) the passenger was late for the ship 6) the secretary was late for the picnic
8. Indicate the situation in which the administration of the enterprise carried out the illegal dismissal of an employee.
1) The employee was dismissed due to the reorganization of the enterprise due to staff reduction
2) The employee was dismissed for systematic violation of internal labor regulations at the enterprise
3) The employee was dismissed due to the expiration of the employment contract and the management’s decision not to renew it
4) The employee who issued sick leave and did not show up for work, was fired under the article for absenteeism
9.Find the legal grounds in the list below.termination of the employment contract and write down the numbers under which they are indicated. 1) employee initiative 2) piecework wages 3) violation of labor laws 4) change of owner 5) economic recession
10.The administration of the enterprise imposedpenalties for an employee who violated labor regulations. What type of legal liability does this illustrate? this example? 1) disciplinary
2) administrative 3) civil 4) criminal
11.Below is a list of characteristics. All of them, with the exception of one, relate to the legal grounds for termination of an employment contract. Find and indicate a term that refers to another concept.
Agreement of the parties, expiration of the term, desire of the employee, decline in production, change in conditions.
12. To designate one of the parties to an employment contract, the Labor Code of the Russian Federation uses the term
1) “entrepreneur” 2. “employer” 3. “employee” 4. “individual”
13.Name and illustrate with examples any three basic employer rights enshrined Labor Code RF.
14.Are the following judgments about labor relations correct?
15.Are the following judgments about employee rights correct?
1) only A is true 2. only B is true 3. both judgments are correct 4. both judgments are incorrect
16.Read the text below, each position of which is indicated by a specific letter.
Determine which text provisions have
1) factual nature 2. nature of value judgments 3. nature of theoretical statements
17. Data on
1) health status 2. marital status 3. awards and incentives 4. salary amount
18.Are the following judgments about labor relations correct?
A. Labor relations arise by decision of one of the parties.
B. When hiring for any job, it is established probation at least three months.
1) only A is true 2. only B is true 3. both judgments are correct 4. both judgments are incorrect
19. The administration of the enterprise refused to grant Citizen K. another vacation. The citizen decided to challenge this decision. Where (to whom) should he turn for this?
1) to a notary 2. to the prosecutor's office 3. to court 4. to the Commissioner for Human Rights
20. Absence from work without good reason is a violation of the law
1) criminal 2. Administrative 3. Civil 4. labor
21.According to Art. 63 of the Labor Code of the Russian Federation conclusion of an employment contract (according to general rule) allowed with persons over age
1) 16 years old 2. 18 years old 3. 21 years old 4. 14 years old
22.Name any three grounds for terminationemployment contract and illustrate each of them with an example.
23.Are the judgments about the employment contract correct?
A. Employment contract may be verbal
B. The employment contract needs notarization
1) A is true 2) B is true 3) both judgments are correct 4) both judgments are incorrect
24 . Andrey's grandfather Stepan Petrovichloves practical jokes. Yesterday, for example, Stepan Petrovich, getting ready to go to work at a car dealership, asked his grandson to look for his work book, which he allegedly lost at home. What is the draw??
25. Woman with two small children, turned to the plant’s HR department with a request to hire her, but to take into account that children require care. Indicate what type should be offered to her, taking into account her position: a) working day normal duration; b) working day of reduced duration; c) part-time.
26. On what principle is the series formed?Changes in working conditions, refusal of the employer to take into account the opinion of the elected representative body of employees, implementation of the collective labor agreement.
27. An hour before the end of his shift, a 17-year-oldthe locksmith removed his workplace and went to the locker room. An elderly worker from another site passed by and asked if he was going home early. What did the elderly worker forget about when making a remark?
28. Employment tests do not apply to:1) Persons of retirement age
2) Persons liable for military service 3) Disabled persons 4) Workers under 18 years of age.
29. Duration of disciplinary action:1) 1 year 2) 3 years 3) 6 months 4) 2 weeks
30. When applying for a job, the following document is not required:
1) passport 2) birth certificate 3) work book 4) diploma
1) The employee was dismissed due to the reorganization of the enterprise due to staff reduction
2) The employee was dismissed for systematic violation of internal labor regulations at the enterprise
3) The employee was dismissed due to the expiration of the employment contract and the management’s decision not to renew it
4) An employee who issued a sick leave and did not show up for work was dismissed under the article for absenteeism
9.Find the legal grounds in the list below. termination of the employment contract and write down the numbers under which they are indicated. 1) employee initiative 2) piecework wages 3 ) violation of labor laws 4) change of owner 5) economic recession
10.The administration of the enterprise imposed penalties for an employee who violated labor regulations. What type of legal liability does this example illustrate? 1) disciplinary
2) administrative 3) civil 4) criminal
11.Below is a list of characteristics. All of them, with the exception of one, relate to the legal grounds for termination of an employment contract. Find and indicate a term that refers to another concept.
Agreement of the parties, expiration, employee desire, production decline, changing conditions.
To designate one of the parties to an employment contract, the Labor Code of the Russian Federation uses the term
1) “entrepreneur” 2. “ employer» 3. “employed” 4. “individual”
Name and illustrate with examples any three basic employer rights enshrined in the Labor Code of the Russian Federation.
Ensure safety and working conditions that comply with state regulatory labor protection requirements. 2) Provide workers with equal pay for work of equal value 3) comply with labor laws
1) only A is true 2. only B is true 3. both judgments are true 4. both judgments are wrong
Are the following statements about employee rights correct?
1) only A is true 2. only B is true 3. both judgments are correct 4. both judgments are wrong
Read the text below, each position of which is indicated by a specific letter.
Determine which text provisions have
1) factual nature 2. nature of value judgments 3. nature of theoretical statements
The work book contains information about
1) health status 2. marital status 3. awards and incentives 4. salary amount
Are the following statements about labor relations correct?
A. Labor relations arise by decision of one of the parties.
B. When hiring for any job, a probationary period of at least three months is established.
1) only A 2 is correct. only true B 3. both judgments are correct 4. both judgments are incorrect
19. The administration of the enterprise refused to grant Citizen K. another vacation. The citizen decided to challenge this decision. Where (to whom) should he turn for this?
1) to a notary 2. to the prosecutor's office 3. to the court 4. to the Commissioner for Human Rights
Absence from work without a good reason is a violation of the law.
1) criminal 2. Administrative 3. Civil 4. labor
21.According to Art. 63 of the Labor Code of the Russian Federation conclusion of an employment contract (as a general rule) allowed with persons over age
1) 16 years 2. 18 years old 3. 21 years old 4. 14 years old
22.Name any three grounds for termination employment contract and illustrate each of them with an example.
1) Reduction in the number of employees 2) Inconsistency of the employee with the position held 3) Repeated gross violation labor relations(disclosure of secrets protected by law)
Indicate the situation in which the administration of the enterprise carried out the illegal dismissal of an employee.
- The employee was dismissed for systematic violation of internal labor regulations at the enterprise.
- The employee was dismissed due to the reorganization of the enterprise and staff reduction.
- An employee who issued a sick leave and did not show up for work was fired under the article for absenteeism.
- The employee was dismissed due to the expiration of the employment contract and the management’s decision not to renew it.
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- guarantee fundamental rights and freedoms
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In what situations did the enterprise administration carry out the illegal dismissal of workers? Choose the correct positions and write down the numbers under which they are indicated.
1. Three calendar days before the expiration of the employment contract, Konstantin E. was warned in writing about the administration’s desire not to renew the contract.
2. Sofya V. was sick for a month and a half, and when she closed her certificate of incapacity for work and went back to work, she received a dismissal order.
3. Irina S. was fired for being absent from work for more than four hours - she was called to the hospital, where her son was urgently hospitalized.
4. The employment contract with Tatyana A. was terminated due to a reduction in the number and staff of the organization’s employees.
5. Arkady S. was fired for showing up at work while intoxicated.
6. Diana S. was dismissed from her position due to insufficient qualifications, confirmed by the certification commission.
Examples of illegal dismissal of employees are the second, since absence from work due to illness is not grounds for dismissal; third example: absence from work due to a child’s illness is not grounds for dismissal.
Discipline and encouragement are opposite measures of influence on an employee, with the help of which you can either punish him or thank him for successful work.
Unfortunately, practice shows that in most modern enterprises A system of punishments has been developed that is applied to employees even for the slightest offenses. Therefore, it is important to know how penalties are regulated by law, what types they are divided into and how they should be applied correctly.
Punishment is one of the methods of motivating employees, which is aimed at instilling in them a sense of fear of certain administrative influence from the company's management.
The main purpose of applying punishment is to prevent the employee from committing actions that could cause harm to the employer.
Depending on the methods used to influence the employee, all types of punishment can be divided into two groups:
Intangible
They do not imply any financial impact on the subordinate and are presented in the form. Their types are established by Art. 192 of the Labor Code of the Russian Federation and are presented in the form: 
It is worth noting that these methods are listed in order of increasing severity.
The grounds for their use also depend on the exact degree of severity of the disciplinary offense.
Material
The main method of influence in this case is the monetary component, with the help of which the employee is punished for various offenses.
Examples of material penalties could be:
- (depreciation);
- attraction to ;
- temporary reduction in social package, etc.
Unlike disciplinary sanctions, which are regulated labor legislation, material methods do not have such a legal basis.
It is also necessary to comply with the established time limits within which disciplinary action can be taken. They are six months from the moment the offense was committed and one month from the date of its discovery. If the employee has not violated labor discipline during the year, the reprimand or reprimand is automatically removed. Dismissal can only be challenged in court.
Types of material penalties
The second and often more effective group of measures of influence on an employee is monetary influence, that is, depriving him of a certain part. Such methods are often unofficial, since current legislation not provided. The most common ones include:
Fines
This is the deduction of part of the funds from wages in the form of punishment for committing any offense. Neither in the Labor Code of the Russian Federation, nor in federal laws the application of fines is not provided, therefore such actions of the employer are illegal. However, in the case of receiving black or gray wages, the employer may well deprive the employee of part of the money as a punishment.
Deprivation of bonus
It can be either full or partial, when the employee still receives a bonus, but in a smaller amount. 
- if there is a disciplinary sanction;
- in case of failure to achieve established indicators work;
- subject to failure labor responsibilities and so on.
The main thing is that all these conditions are spelled out in the internal documents of the enterprise, and the bonus itself is not a mandatory and unconditional component of the salary. Otherwise, non-payment will be a violation of labor laws.
Bringing to financial liability
This method of punishment can only be used if the employee, as a result of committing any actions, caused damage to the property of the enterprise. Depending on the specific situation, it can occur either in full or within the framework. In this case, the fact that a subordinate committed an offense must be documented.
Temporary reduction in social package 
It may include additional services to provide rest and leisure for employees, for example: payment for lunches, a fitness room, the provision of vouchers, etc. Deprivation of these services as a punishment can only be done if the obligation to pay for them is not contained in the internal regulatory documents enterprises.
The application of each of these types of punishment requires the employer to be careful and comply with all established rules, since most of these methods are not entirely legal.
Features of the application of punishments for military personnel
The specificity of the application of punishments against military personnel is that their activities are regulated not by the Labor Code of the Russian Federation, but by other special documents. The main document in this area is the Disciplinary Charter of the RF Armed Forces. In accordance with it, various types of punishment can be applied to military personnel, for example: 
- rebuke;
- deprivation of another dismissal;
- assigning a job out of turn;
- reduction in rank;
- transfer to another position;
- arrest with detention in a guardhouse;
- early transfer to the reserve.
The specific measure, as well as the conditions for its application, depend on the severity of the offense, as well as on the category of the offender.
Some of the most serious measures (for example, reduction in rank or arrest) can only be applied to military personnel and only by court decision. The deadline within which the violator can be brought to justice is one year.
Disciplinary or material punishment: when to apply
Research by psychologists in the field of motivation and personnel management suggests that in order to successfully organize work in a team, a manager must maintain a certain balance between the use of punishment and praise.
This ratio should be approximately 70-80% incentives to 20-30% penalties.
As for the distribution between tangible and intangible forms of recovery, the choice of a specific measure depends on several factors:
- the legality of using one or another method (for example, deprivation of a bonus may not be provided for in local acts enterprises);
- the degree of guilt of the employee and the severity of the offense he committed;
- the presence and magnitude of the damage caused (in this case, he will definitely have to compensate for this damage).
Disciplinary action it is best to use for violations of labor discipline(for example, for being late, absenteeism or disorderly conduct). If the employee’s fault is failure to fulfill the plan or insufficient production, then it is better to punish him financially, simply by tying the received wages to a specific indicator.
Application various types penalties may become in a good way organization of labor discipline at the enterprise and a means of motivational influence on employees. However, it is necessary to take into account both the legality of the measures taken and compliance with the established procedure, as well as the severity of the specific offense committed by the employee. If illegal penalties are applied or if the procedure is violated, the punishment may be canceled and the employer may be held accountable.
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