Sample order for disciplinary action. We issue an order to apply a disciplinary sanction without errors. Collection of necessary documents

It is the duty of every employee to fulfill their job duties conscientiously. At the same time, unfortunately, no one is immune from mistakes. If an employee fails to perform his work, or performs it improperly, this is considered a disciplinary offense. This type of violation requires the employer to take penalties. To do this, it is necessary to competently draw up an order giving the right to such influence (and there is also an order removing it). As a result of incorrect registration, the employer is deprived of this right, so it is important to understand this issue in more detail.

If you need to issue an order disciplinary action based on the results of the inspection by the prosecutor's office, then on this issue you can refer to the article material at the link.

What types of disciplinary sanctions are provided for by the Labor Code of the Russian Federation

Along with incentives, the Labor Code of the Russian Federation provides for only 3 types of disciplinary sanctions for improper work of employees. They are as follows:

• comment;
• rebuke;
• dismissal.

The issue of disciplinary sanctions imposed on employees is discussed in more detail in the article at the link.

A reprimand is the simplest punishment. It consists of a verbal warning by the manager, or can be issued in the form of an order, but no recording occurs in the work book. A reprimand is officially issued, which is reserved for more serious violations. Dismissal is provided if there have been gross violations of labor regulations and legislation. This punishment is already written down in the work book and has certain negative consequences.

About how an order is issued to “launch” a reprimand for improper execution job responsibilities, an example of its design and features of notifying an employee - all this can be found.

The most severe type of disciplinary action

The most severe type of disciplinary action is dismissal. As a rule, it is provided for gross, repeated violations. This is not only a reason to look new job, but also an entry in the work book, as a result of which it will be more difficult to get a job in the future. Even if the dismissal was unfair and you are innocent of your actions, it is extremely difficult to prove this to a new employer.

The reasons for applying this penalty are as follows:

• systematic absenteeism;
• alcohol or drug intoxication;
• disclosure of secrets;
• actions that resulted in an accident or accident;
• theft.

Moreover, each point may have its own nuances. For example, you cannot be fired for one absence. There should be several of them, and a more loyal type should be applied earlier.

What types of disciplinary sanctions cannot be applied to an employee?

There are a number of punishments that are often used by employers, but they cannot be called legal. These include:

• fines;
• deprivation of bonus;
• bringing to financial responsibility;
• temporary reduction of the social package.

A fine is the withholding of a portion Money from wages employee. The imposition of a fine is not provided for by law and therefore this action is illegal. For this, the employer bears administrative and sometimes criminal liability.

Deprivation of a bonus may have legal grounds if this penalty is prescribed in the internal documents of the organization. Relatively financial liability, then it can only be called upon in the event of damage to property and the need for compensation. There is a possibility of depriving an employee of a social package if the obligation to provide it is not stipulated in regulatory documents companies.

By the way, it has been written about situations in which an order for suspension from work due to alcohol intoxication is required.

Order of disciplinary action

If the employer intends to impose a disciplinary sanction, he is obliged to draw up an order to this effect, and then require an explanatory note from the employee. It is issued provided that the employee’s guilt is fully proven. Employee familiarization is mandatory within 3 days when the employee is present at the workplace. Provision is made for writing an act in the event of an employee’s refusal to familiarize themselves. The presence of several orders with penalties imposed may serve as a reason for dismissal. This right is regulated by clause 5, part 1, art. 81 Labor Code of the Russian Federation.

Sample of disciplinary action in the form of a remark

Like many other documents, filling out a notice order is arbitrary. The main thing is to indicate the following information:

• name of company;
• number, date and title;
• reasons for use, type of violation;
• reasons for making a comment;
• person responsible for execution;
• signature of the leader and the offender, seal.

Although reprimand is the lightest type of punishment, its regular nature usually leads to more serious consequences.

Order of disciplinary action in the form of a reprimand - sample

A sample order to issue a reprimand is written according to a standard template. The main difference is only the appropriate type of punishment. Although samples are not enshrined in law, I usually provide enterprises with a developed form for writing them.

This type of punishment is considered more thorough. Upon receiving the second one, it is already possible for the employee to be dismissed from the organization. It should also be noted that this violation is also not indicated in the work book. Moreover, if it is of a regular nature, then such a mark is quite possible.

Sample order to impose a disciplinary sanction in the form of dismissal

Just as in the case of other types of violation, the order of dismissal is preceded by the writing of an explanatory note. Only after a decision has been made about the employee’s gross misconduct, the employer has the right to draw up such an order. Its content is the same as for any other disciplinary sanction. However, here it is necessary to attach more weighty arguments and documentation, since this is the highest punishment in the enterprise. Samples of all orders can be downloaded on our website.
Thus, disciplinary sanctions vary in their severity and, for a given offense, only one of them can be applied by issuing an order.

Incorrectly executed documents may lead to legal proceedings and administrative liability (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). The article will help you figure out how to write a disciplinary order; the sample that you will find at the end will help you avoid unpleasant consequences.

What is important to remember

We spoke in detail about such a measure of punishment for violation of labor discipline, failure to fulfill official duties, rules, and regulations in articles about and.

There are some rules to keep in mind:

1. The measure must be fair.
2. A sanction is an employer's right, not an obligation.
3. One offense can be punished only once (Part 5 of Article 193 of the Labor Code of the Russian Federation).
4. Punishments that are not provided for by law cannot be applied (Part 4 of Article 192 of the Labor Code of the Russian Federation).
5. The type of sanctions is determined taking into account all the circumstances and the severity of the offense.
6. Punishment in the form of withholding funds is unacceptable.
7. Punishment can be applied no later than one month from the date of discovery of the offense.

On what basis is it drawn up?

Before punishing an employee, it is necessary to document the fact of the violation. Required papers prepared by the head of the department in which the offender works, the personnel department or a special commission.

After an offense has been committed, it is imperative to demand from the offender. In it, he describes in detail the reasons and circumstances of the offense. Time to write an “explanatory statement” is 2 working days. If an employee refuses to give an explanation, it is necessary to draw up an act of refusal to give an explanation.

After conducting official proceedings and making a decision on punishment, it is issued administrative document. A sample order for disciplinary action can be found below.

Introduce the employee to the order

The employer's order to impose a disciplinary sanction is announced to the employee for review and signature. This is a mandatory step and cannot be skipped.

The period for familiarization with the order of disciplinary action is 3 working days. If the employee refuses to review and endorse the document, an act of refusal to sign is drawn up.

Form and required details

If the penalty is a reprimand, then the order is drawn up in any form.

If the sanction measure is , then the document is issued according to unified form T-8 (approved by the resolution of the State Statistics Committee of Russia dated 01/05/2004) or an independently developed form.

Reprimand is the lightest punishment

A disciplinary offense is a failure to comply or improper performance labor responsibilities, in which the employee is at fault (Article 192 of the Labor Code of the Russian Federation). For a disciplinary offense, the employer has the right to apply one of the disciplinary sanctions to the employee (Part 1 of Article 192 Labor Code RF):

A reprimand is the “lightest” disciplinary punishment that can be applied if an employer wants to punish an employee.

Proportionality of punishment

Disciplinary action must be fair. So, for example, if an employer fires an employee who is 5 minutes late for work, then such a punishment is not commensurate with the severity of the offense. And, most likely, the employee will be able to challenge such a penalty, for example, in court. From a “security” point of view, it is easier for the employer to issue a reprimand. Thus, the employer, in essence, will show that he applied the least penalty to the employee.

If the organization’s management believes that a reprimand is too weak a punishment for the culprit, then a reprimand can be issued. This is a more stringent measure from the point of view labor legislation. See “Disciplinary Reprimand Order: 2017 Sample.”

Check deadlines

A disciplinary sanction in the form of a reprimand can be applied to an employee no later than one month from the date of discovery of the misconduct. The day the misconduct was discovered should be the day when the employee’s immediate supervisor became aware of the violation. In this case, no more than six months should pass from the moment the offense was committed.

The flow of the monthly period is suspended for the period:

• employee illness;
• any employee leave;
• the time required to take into account the opinion of the trade union if it exists in the organization.

We issue an order

If the employer has collected all the necessary documents confirming the fact of committing a disciplinary offense (reports, acts, explanatory notes), then you can proceed to the most important stage - issuing an order to impose a disciplinary sanction in the form of a remark. Such an order is issued in free form. Let's give a sample of a real order “from life”. Despite the fact that the order was issued last year, it has not lost its relevance in 2018. The order looks like this:

You can also download a sample order to impose a disciplinary sanction in the form of a comment in Word format (relevant for 2018) and adjust it to your situation.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Order of dismissal for absenteeism

Acts confirming the fact of absence must be drawn up without errors, otherwise the employee may challenge the decision in court. The main document is the order to terminate the employment contract. Read our article about how it is drawn up and what a sample order of dismissal for absenteeism looks like.

What information must be included in the order?

Sometimes, not wanting to lose a valuable specialist, an employer can only reprimand him for absenteeism (a sample order is presented below).

And often an order on disciplinary action for absenteeism, a sample of which we gave above, is enough to make the employee remember about labor discipline. But if the violations continue, dismissal is inevitable.

Order of dismissal for absenteeism. Sample

The order to terminate the contract must be issued no later than one month from the date of discovery of the violation. In this case, there is no need to issue two documents - on the imposition of a disciplinary sanction in the form of dismissal and on termination of the employment contract. The manager can express his decision only in one document - an order to terminate the working relationship. An indication of this is present in the Letter of Rostrud dated 01.06.11 No. 1493-6-1). The order is issued in form T-8.

It should contain the following information:

information about the employer;

number and date of its compilation;

position and full name of the dismissed employee;

information about the memo confirming the fact of absenteeism, the employee’s explanatory note, about the act of absence from the workplace;

Further actions of the employer

After issuing the order, it is necessary to familiarize the employee with it against his signature. The signature is placed at the bottom in a line specially designated for this purpose.

If an employee refuses to sign a document, the employer must draw up a statement of refusal. It is signed by the originator and two witnesses to the refusal. After this, inevitably, a record of termination of the contract is made in the personal card and in work book employee. Information is indicated with reference to legislation (clause “a”, clause 6, part 1, article 81 of the Labor Code of the Russian Federation).

We issue an order to apply a disciplinary sanction without errors

Labor legislation gives the employer the right, if necessary, to implement punitive measures against employees. In order to strengthen discipline, the fact of applying a punitive measure must be properly documented. In addition, this will allow you to part with the employee on legally in case of repeated violations. Let's discuss how to write a disciplinary order, a sample of which is presented in this article.

Types of penalties

In practice, an employer often shows amazing ingenuity when imposing sanctions on an offending employee. However, at the legislative level there are only three types of punishment: reprimand, reprimand and dismissal on appropriate grounds (Article 192 of the Labor Code of the Russian Federation). This means that the use of methods such as deprivation of bonuses, fines, etc. is unlawful. The employer's freedom in this case is limited to independently assessing the severity of the violation and choosing a response method from the three options proposed by law. Obviously, the most serious measure is dismissal for appropriate reasons. If we talk about a remark and a reprimand, the law does not explain their differences, nor does it provide clear definitions of these concepts. It is generally accepted that a reprimand is more severe in nature compared to a reprimand.

What can you be punished for?

Disciplinary punishment is applied as a response to a disciplinary offense committed by an employee, which is Art. 192 of the Labor Code of the Russian Federation defines it as “non-fulfillment or improper fulfillment by an employee, through his fault, of the labor duties assigned to him.” In other words, any violation of the employee’s obligations stated in the employment contract may be considered a misdemeanor, job description or local regulations accepted in the organization. The most common offenses are:

• violation of work schedule (lateness, absenteeism, premature departure from work);
• reporting to work in an altered state of consciousness (under the influence of alcohol, drugs and other substances);
• failure to comply with direct instructions from management;
• neglect of labor safety rules;
• inconsistency of work results with fixed quality criteria.

In fact, each company has its own list typical violations, determined by its specificity.

Procedure for declaring foreclosure

For a punitive measure to be valid, it must be documented in accordance with Art. 193 Labor Code of the Russian Federation. According to the law, an employer’s order to impose a disciplinary sanction is announced if two conditions are met. Firstly, the fact of committing an offense must be recorded in the form of an act and/or a report. Secondly, an explanation of what happened in writing must be received from the employee. If the explanatory note, in the opinion of management, does not contain valid reasons, the personnel service begins to draw up an order. The sample order for imposing a disciplinary sanction is not determined by law. A correctly executed document contains:

• a brief description of the offense;
• link to article 192, 193 Labor Code of the Russian Federation;
• indication of the penalty;
• an indication of three working days as the period for familiarization with the order.

As an example, we offer a sample order for disciplinary action for absenteeism.

Form of disciplinary action in the form of dismissal

Among the punishments applied to employees, the most severe is dismissal. This is the measure most often challenged by a fired person. As arguments, the plaintiff usually tries to prove the illegality of the employer’s actions. This may be an important reason to skip work time, untimely acquaintance with the decision on dismissal or failure to comply with the deadlines for bringing him to punishment in accordance with labor laws.

When the court recognizes the inconsistency of the employer’s actions, the plaintiff in most cases is reinstated to work with compensation of average earnings for lost working time. If a disciplinary sanction in the form of dismissal was used in violation of the law, funds may be withheld from the employer to compensate for moral damage to the employee.

Given these facts, the employer needs to be especially careful when imposing such a severe penalty on an employee, strictly follow the laws and carefully comply with all elements of the dismissal procedure.

Reasons for claims

Among the many reasons to fire a person from work, there are sometimes circumstances that are beyond the control of the employee himself. This is a change in the form or ownership of an enterprise, liquidation of an organization, or an employee’s failure to comply with recertification requirements.

However, most often the cause is actions of a guilty nature or misconduct of a disciplinary nature. But not every disciplinary offense leads to dismissal. The administration is not obliged to impose this extreme measure on the employee; it is rather its right. Most often, violation of labor discipline or labor regulations is punished by other disciplinary sanctions.

What you should pay attention to

In order to fire a person, the employer must record repeated instances of violation by him of his work duties without compelling reasons or a single, but gross violation.

Multiple violations usually include:

• failure to show up for work on time;
• violation of job descriptions, instructions or orders of the administration;
• refusal to fulfill the duties established in the employment agreement;
• refusal of medical examination or required training.

The following are considered serious violations of labor discipline:

• absence from work without reason, absence from the workplace for more than 4 hours;
• being drunk at work;
• non-compliance with the rules of secrecy of accessible information;
• embezzlement or theft, as well as appropriation of property that does not belong to him;
• an accident or threat thereof that occurred due to an employee’s neglect of safety rules;
• loss of trust in the enterprise administration.

This is not the entire list of circumstances that can lead to the dismissal of an employee, in reality labor activity Many more extraordinary cases of a similar nature arise.

The Family Code on the collection of alimony determines the forms, the procedure for establishing the amount of payments, the process of assigning and collecting them.

What legal acts regulate the issue of the procedure for imposing disciplinary sanctions can be found here.

Mentions in laws

The legal grounds on which the employer’s administration can dismiss its employee are set out in the Labor Code of the Russian Federation, Art. 81.

Serious violations of discipline that may lead to dismissal include:

The specified grounds are not necessarily a condition for dismissal, and in some cases, according to the Labor Code of the Russian Federation, other methods of imposing penalties are applicable

Nuances of the procedure

An employer must not violate the general rules for applying penalties. Especially when a disciplinary sanction in the form of dismissal is imposed on the employee.

There are not many such rules, but each of them may turn out to be significant if a conflict situation arises later:

• the time allotted to decide on dismissal is exactly 30 days from the date of the offense;
• dismissal of an employee during incapacity or regular vacation is unlawful;
• Before dismissal, it is necessary to obtain from the employee a clear explanation of the motive for his misconduct.

In the practice of litigation related to dismissal, there are many unusual cases. Therefore, it is important to reduce the dismissal procedure to standard view and arrange everything correctly.

It is important to know

All employees must comply with the rules of conduct established by the Labor Code of the Russian Federation or other federal regulations. It is also necessary to comply with the rules of the collective agreement, labor agreement or other provisions of the employment contract.

Since the hired employee is obliged to strictly comply with the listed rules, he must be familiarized with them. These are internal labor regulations and a collective agreement. Everything is done under signature.

Any agreements or collective agreements should not contain conditions that worsen the legal conditions of workers or lower the level of guarantees below those established by the labor legislation of the Russian Federation. In the event that such reduced conditions are included in an employment agreement or collective agreement, they are not enforceable.

Design details

An important condition for dismissal is the availability of the entire set of relevant documentation and its correct execution.

We list all the documents necessary to dismiss an employee:

• the employee’s explanation in writing (the reasons for the action, the presence or absence of compelling reasons for the action), its preparation is assigned 2 days;
• refusal to give explanations by the employee in the form of an act according to the established template, is drawn up two days after the request from the employee for a written explanation;
• dismissal order established by law sample (brief grounds for dismissal, the essence of the offense committed;
• familiarization with the signature of the dismissed employee (in case of refusal, it is necessary to draw up a report on this).

The legality of the dismissal procedure is directly related to the availability of all the listed documents. The presence of additional documents can only strengthen the legal basis for the employer’s decision-making. All established requirements must be strictly observed!

Algorithm of actions in case of disciplinary action in the form of dismissal

A very important condition for the legality of dismissal of an employee is strict adherence to the employer’s algorithm of actions during the procedure. Any errors or violations of this order create prerequisites for the decision to be challenged in court.

The dismissal procedure, carried out in compliance with all legal rules, must have the following form and sequence:

• a mid-level manager who has recorded a gross misconduct by an employee makes a report to his manager orally and in the form of a memo (it must be drawn up in a special form approved legislative acts enterprises, departments);
• Having received such information, the manager must take all measures to prevent further repetition of such actions and to prevent their negative consequences;
• an employee who has grossly violated discipline is required to provide a written explanation, preferably according to the established template;
• if the employee does not write anything in two days, it is necessary to draw up a statement signed by several employees, stating that they do not want to explain themselves.
• when the employee’s guilt is proven and documented, a dismissal order is drawn up on form T-8 - Form T-8;
• the necessary entry is made in the work book of the dismissed person;
• The employee gets acquainted with it against signature (in case of refusal, a document on refusal is drawn up and signed by several persons).
• at the same time, the dismissed person is given a work book and a full payment is made.

It is important not to forget that there is a period during which the disciplinary sanction itself for a specific offense is considered legal. This period is one month from the moment the offense was discovered. The employee's sick or vacation days should be subtracted from this period.

If the fact of committing a disciplinary offense was not discovered immediately, then the period of legality of dismissal can range from six months to two years. The countdown in such cases is various audits or checks that help identify misconduct.

There is a rule that states that if one year has passed since the application of the disciplinary punishment and the employee has not committed any violations of labor discipline, the penalty will be lifted automatically.

Illegal cases

It is worth mentioning those cases when a person dismissed through the court can be reinstated to his previous job. These include dismissal of pregnant women. Moreover, it does not matter whether the head of the institution was promptly informed about the condition of his employee or not.

There are other circumstances when dismissal may be considered illegal:

• the employer cannot prove the existing cases of labor misconduct by the employee and confirm it with documents;
• the time within which the penalty should have been imposed has passed;
• errors were made in establishing the reasons for dismissal.

Also, the reason for a lawsuit by a dismissed person may be the incorrect wording of the dismissal order, the absence of the employee’s explanations for the imposition of penalties in the documents, the lack of documents documenting the employee’s misconduct.

The imposition of a penalty on an employee must strictly comply with all applicable standards, including the sample order for disciplinary action.

You can read more about a warning as a disciplinary sanction by following the link.

A sample court order for debt collection can be found here.

Order to impose a disciplinary sanction in the form of a reprimand, sample

The Labor Code of the Russian Federation is a fundamental legal act regulating the relationship between the employer and hired workers, who, on the basis of a concluded labor agreement, are obliged to perform a certain amount of work for a set fee.

The employment contract must specify the basic rights and obligations of both parties, as well as the consequences in case of their violation.

Any person understands that when applying for a job, in addition to performing official duties, he will also have to comply with the operating hours of the enterprise, the norms established by the organization’s charter, the collective agreement and others. local acts, with which he must be familiarized with a personal signature.

The employer is obliged to provide the employee with work front, create safe conditions taking into account labor protection requirements, fulfill all social guarantees provided for by the Labor Code:

• provision of weekly, compulsory annual rest;
• timely payment of wages;
• take into account preferential allowances and other privileges of a certain category of employees (for example, additional leave);
• other obligations,

at the same time, he has the right to demand a conscientious attitude to work and decent behavior.

For violation of labor discipline or employee evasion from fulfilling official duties, behavior incompatible with moral standards, the manager has the right to impose disciplinary action.

Article 192 of the Labor Code of the Russian Federation allows:

• make a remark;
• reprimand;
• in special cases, even for a single gross violation of discipline, labor protection requirements and other cases specified in Art. 81 of the Labor Code of the Russian Federation, dismiss with the corresponding entry in the employee’s work book.

In order to impose a disciplinary sanction, regardless of the measure of punishment - the most harmless, it would seem at first glance, as a “reprimand”, the more severe - a “reprimand” and the extreme stage - termination of employment with the employee labor relations at the initiative of management, it is necessary, first of all, to confirm the fact that the employee is guilty of a disciplinary offense.

The procedure in which any disciplinary sanction can be imposed, regardless of its type, is defined in Art. 193 Labor Code of the Russian Federation.

1. Having made sure that the employee has actually violated labor discipline, the immediate head of the unit (or a colleague at work) must convey this information to the employer (the person authorized by him) in writing in the form of a memo or orally.

2. The employer, depending on the guilty act committed, decides to hold the employee accountable.

In the case where he considers it necessary to impose a penalty, it is important to request a written explanation of the offense committed from the offending employee.

3. If after two days the employee has not provided an explanatory note (if possible with supporting documents, for example about a valid reason for absenteeism), this does not deprive the employer of the right to hold him accountable.

An act is drawn up stating that the employee refused to give explanations, indicating his last name, first name, position, profession and department that is the main place of work - he refused, and the date and signature of several witnesses are given.

In the case where there really were reasons that contributed to this or that behavior, it is better for the employee to give a reasonable explanation for his actions, which can serve as a choice of the method of imposing disciplinary action on the part of the employer, if he considers them to be truly valid.

4. Having studied all the documents on the issue of non-compliance by the employee with the terms of the employment contract or norms of behavior in the team, when making a decision to impose disciplinary punishment, a written order (order) must be issued, which must be properly registered.

5. Within three days from the date of publication, the order must be familiarized with signature interested employee(subject to disciplinary punishment).

6. In case of refusal to sign on the mailing list that he is familiar with the contents of the order, an act is drawn up signed by witnesses and indicating the date of actual notification of the employee about the imposition of a disciplinary sanction.

In what form is an order to impose a disciplinary sanction issued?

Let us note that the legislator has not established a specific form required for the written execution of an order on disciplinary punishment.

The enterprise can develop a form for ordering disciplinary punishment, since regardless of whether a warning is issued, a reprimand is issued, or the employee is fired for violating the rules internal regulations, failure to fulfill one’s official duties, the essence of how to issue a written order does not change.

A sample order for disciplinary action can be found on the Internet, supplemented and modified in relation to your organization, and used as a template.

The employer and the person responsible for maintaining work records must remember:

• information about penalties (as opposed to information about incentives) of an employee is not entered into the work book;
• Additionally, for accounting purposes, you can record it in the employee’s personal file (not to be confused with a personal card, which duplicates information about work, changes in the process of work in the organization).

Repeated imposition of a penalty for a period of time until the previous reprimand or reprimand has been removed may lead to dismissal for systematic violation of labor discipline.

Although the order can be drawn up in any form, it is necessary to adhere to general rules preparation of documents of this kind.

1. At the top of the sheet the full name of the organization is indicated; in addition, you can indicate the abbreviation and location of the enterprise (city).

2. In the middle line below, the document is titled and the registration number is placed (after approval by the director).

In this case, it may be an order or instruction (depending on the form of document flow adopted in the organization).

3. The next line indicates the date of issue of the order, month, year.

4. On the left side of the sheet, the essence of the order “On disciplinary action” is briefly stated.

5. The text part of the document is written on a new line, which must clearly reflect who (last name, first name, patronymic of the employee, the structural unit in which he works, profession, position) and for what exactly is brought to disciplinary liability (date, time of violation and how it is expressed).

6. Based on the above, the operative part is issued in the form of an order to apply one or another penalty (at the discretion of the employer).

7. As a basis, a list of attached documents required by the rules for imposing a disciplinary sanction is provided.

• a report on violation of discipline by the immediate supervisor of the offending employee;
• an explanatory note from the employee subject to disciplinary punishment, or in cases of refusal to provide explanations for his behavior, an appropriately executed act signed by two to three witnesses.

8. Control is entrusted to the responsible person so that the order is executed indicating the position, surname, name, patronymic.

Usually control is assigned to the immediate supervisor structural unit(workshop, department, etc.) in which the employee who violated discipline or the employment contract works, or the HR department inspector.

9. Below, after the text part, the signature of the employer, the persons who approved the order (representative trade union organization, immediate head of a structural unit, senior inspector of the HR department).

10. Having put the appropriate signatures, registered the order in the registration journal and indicated the registration number of the document at the top near the title of the document, the person subject to punishment is familiarized with the written order against signature.

11. In the event of refusal to sign for familiarization with the order on the part of the employee who has been subjected to disciplinary action, an act signed by witnesses is drawn up stating that he knows the contents of the order.

For example, mechanic Viktor Ivanovich Marinkin was late for work on March 09, 2017 and showed up at 08:30 instead of 08:00, explaining the reason for the delay - traffic jams on the roads.

Taking into account the fact that V.I. Marinkin had not previously violated the work schedule and performed his duties conscientiously, the manager decided that it was enough to make a reprimand as a punishment.

Order of disciplinary action, remark, sample:

Municipal institution Primary Health Care Center (CPMCC, Kaluga)

"On disciplinary action."

Due to the delay of mechanic Viktor Ivanovich Marinkin to work on March 09, 2017 by half an hour, absence from the workplace from 08:00 to 08:30 due to traffic congestion and inability to travel,

1. Announce a remark to mechanic Viktor Ivanovich Marinkin.

2. I entrust control over the execution of the order to the senior inspector of the personnel department, Natalya Valentinovna Orekhova.

Chief physician (signature) A. O. Eremeev

Chairman of the trade union committee (signature) R. P. Dmitruk

Head of the farm (signature) N. B. Lomov

Senior Inspector of the Human Resources Department (signature) N.V. Orekhova

Drawing up an order for disciplinary action for absenteeism

Absence from work for the entire working day, or more than four hours in a row, is considered a violation of labor discipline and is defined from the point of view of the legislator as absenteeism.

As for any violation, the employer, depending on the reasons for absence from work and the consequences for the organization, can choose a disciplinary measure - from reprimand to dismissal.

An order for disciplinary action for absenteeism is drawn up by analogy with this sample.

On the application of disciplinary sanctions in the form of a reprimand

In connection with the violation by the storekeeper Kirillov K.K. paragraphs 3.1 and 3.3 of job description No. 4, approved by order general director Time LLC dated 08/11/17 No. 32, which resulted in failure to fulfill the instructions of the immediate supervisor to receive, sort and place products in warehouse 5

I ORDER:
1. Apply disciplinary action to Kirillov Kirillovich in the form of.
2. Head of the HR Department S.S. Sidorov introduce Kirillov K.K. against signature with this order.

Reasons:
— memorandum from the head of the finished products workshop I.I. Ivanov. dated 07/07/2018;
— act of non-fulfillment of labor duties without good reason dated 07/07/2018 No. 2;
-request for explanation dated July 7, 2018 No. 1;
— act on the absence of written explanations dated July 10, 2018 No. 3.

General Director Petrov P.P.

The following have been familiarized with the order:

storekeeper Kirillov K.K.
Head of HR Department Sidorov S.S.

Order to impose disciplinary liability

For committing a disciplinary offense, namely: admitting workers to a construction site on October 12, 2018 in the absence of protective devices and without the use of personal protective equipment by workers

I ORDER:

1. Reprimand the head of the site, Pavel Potapovich Potapov.

Reason: order of occupational safety specialist Ivanov I.I. dated October 12, 2018, explanatory note from the head of the section Pavlov P.P. dated October 12, 2018, clause 5.3 of the job description of the head of the section, clause 26 of the Labor Safety Instructions OT-116/02.

General Director Sidorov S.S.

Order on application of disciplinary sanction

In connection with the established fact of making an incorrect entry about a transfer to another job in the work book of leading engineer Petrov P.P.

I ORDER:
1. Announce to the HR department inspector M.I. Ivanova. rebuke.
2. Head of the HR Department Mikhailova M.M. ensure that leading engineer P.P. Petrov is included in the work book. correct entry, recognizing the previously made entry on transfer to another job as invalid in the manner established by regulatory legal acts.
3. Secretary-clerk Kuznetsova K.K. familiarize with this order the inspector of the HR department Ivanova M.I., the head of the HR department Mikhailova M.M., the leading engineer Petrov P.P. under personal signature no later than one business day from the date of publication of this order.
4. I reserve control over the execution of this order.
Reason: memorandum by leading engineer Petrov P.P. dated 07.11.2018, presentation by the head of the HR department M.M. Mikhailova. dated 07.11.2018 on the imposition of a disciplinary sanction, written explanation from the inspector of the HR department Ivanova I.I. from 07.11.2018.

General Director V.V. Vasiliev

The following have been familiarized with this order:

HR Department Inspector I.I. Ivanova

Head of HR Department Mikhailova M.M.

Leading engineer Petrov P.P.

Order of disciplinary action

Because. that on the night of March 12-13, 2018, watchman S.S. Sidorov was absent from duty without good reason for an hour, from 23:00 to 24:00. and on the basis of Article 192 of the Labor Code of the Russian Federation

I ORDER:
1. For violation of labor discipline, reprimand S.S. Sidorov.
2. Responsible for personnel records A.A. Andreeva to familiarize S.S. with this order. Sidorov signed.
Reasons: memo from the head of the security service dated March 14, 2018, explanatory note from S.S. Sidorov dated March 14, 2018.
Director Petrov P.P.
S.S. was familiarized with the order. Sidorov

Order to lift disciplinary sanctions and financial penalties

Based on the petition of the chief engineer of Planeta LLC, Nikolaev N.N. dated 07/07/2018, taking into account the conscientious performance of his official duties by S.S. Sergeev. and guided by Art. 194 Labor Code of the Russian Federation

I ORDER:
1. Remove the disciplinary sanction in the form of a reprimand, previously imposed by Order No. 352k on 02/03/2018, from Sergey Sergeyevich, head of the repair area.
2. Remove the measure of material impact in the form of non-payment of remuneration based on the results of work for 2018. from Sergeev S.S. previously imposed by Order No. 352k on 02/03/2018, personnel number 689.
3. The clerk of the HR department of LLC “Planeta”, within one working day, prepare a copy of the order and send it to the HR department and accounting department.
4. To inform the chief engineer of Planeta LLC to Sergeev S.S. with this order within three working days against signature and send a copy of the order with a receipt for familiarization to the personnel department.

Deputy Director for Personnel K.K. Alekseev

Order on early removal of disciplinary sanction

Based on the petition of the head of the marketing department, Sidorenko V.V. from 12/17/2018

I ORDER:
1. Order No. 96-k dated October 24, 2018 on the announcement to marketer Konstantinov K.K. notices for absence from work for 5 hours in a row are cancelled.
2. Consider Konstantinov K.K. without disciplinary action.
3. With this order of Konstantinov K.K. acquainted with signature.
Reason: petition from the head of the marketing department V.V. Sidorenko. from 12/17/2018

General Director Nikolaev N.N.

I have read the order:
marketer Konstantinov K.K.

Order on administrative punishment

From 03/25/2019 No. 55-k

On administrative punishment of an employee

Ivan Antonovich Antonov, operator of computer-controlled machines in the mechanical section, was absent from the workplace from March 11 to March 22, 2019, without providing supporting documents.

I ORDER:

1. For absence from the workplace during working hours without good reason, Ivan Antonovich Antonov shall consider the days from March 11 to March 22, 2019 as absenteeism.
2. Deprive Antonov I.A. based on the results of work in March of this year. variable part of salary by 100%.
3. Antonov I.A. for violation of internal labor regulations, expressed in absence from the workplace during working hours without good reason, issue a reprimand.
4. The annual leave planned from 07/08/2019 to 08/04/2019 will be postponed to the period from 11/04/2019. until 02.12.2019

Base:

— Service memo HR specialist Kovaleva M.S. from 03/25/2019

— Act on the absence of an employee from the workplace dated March 22, 2019 No. 39;

— Explanatory letter Antonova I.A. dated March 25, 2019

Director N.N. Nikolaev

Reviewed by: Antonov I.A.

Order on disciplinary punishment of an employee

From 01/10/2019 No. 28-k

On disciplinary punishment of an employee

Petrov Petr Petrovich, an assembler of electrical machines and devices at the assembly site, was intoxicated on the territory of the enterprise on December 28, 2018, at the end of his work shift.

I ORDER:

1. Petrov Petrov was reprimanded for violating internal labor regulations, expressed in being intoxicated on the territory of the enterprise during working hours.
2. Deprive Petrov P.P. the variable part of remuneration based on the results of work in December 2018 by 100%.

Failure to perform or improper performance by an employee through his fault of the labor duties assigned to him is recognized as a disciplinary offense. For committing it, the employer has the right to apply a disciplinary sanction to the employee (Part 1 of Article 192 of the Labor Code of the Russian Federation). We will tell you in our consultation how to draw up an order to impose a disciplinary sanction on an employee and provide a sample of such an order.

Procedure for applying disciplinary action

Let us remind you that the main responsibilities of an employee include, in particular (Part 2 of Article 21 of the Labor Code of the Russian Federation):

• conscientious performance of labor duties assigned to the employee by the employment contract;
• compliance with internal labor regulations;
• compliance with labor discipline;
• compliance with established labor standards;
• compliance with occupational health and safety requirements;
• careful attitude towards the property of the employer and other employees.

Accordingly, failure to fulfill obligations under employment contract, failure to comply with internal labor regulations, job descriptions, regulations, orders of the employer constitute disciplinary offenses for which the employee may face disciplinary liability.

Examples of such violations are the absence of an employee without good reason from the workplace, the refusal of an employee to perform labor duties without good reason in connection with a change in labor standards in the established order, refusal or evasion without good reason from a mandatory medical examination (clause 35 of the Resolution of the Plenum of the Supreme Court dated 03/17/2004 No. 2).

Disciplinary sanctions in order of increasing severity are (Part 1 of Article 192 of the Labor Code of the Russian Federation):

• comment;
• rebuke;
• dismissal.

But the application of penalties in this order is not at all necessary. After all, the severity of a disciplinary sanction depends on the severity of the offense committed and the circumstances under which it was committed (Part 5 of Article 192 of the Labor Code of the Russian Federation). However, it must be taken into account that for each disciplinary offense only one disciplinary sanction can be applied (Part 5 of Article 193 of the Labor Code of the Russian Federation).

How to write a disciplinary order: sample

It must be remembered that before issuing an order to apply a disciplinary sanction, a sample of which we will provide below, the fact of misconduct must be recorded (for example, in a memorandum or decision of the commission), and a written explanation must be requested from the employee. If after two working days an explanation is not received from the employee, a corresponding act is drawn up, the form of which we provided in our separate document.

After receiving explanations from the employee or drawing up an act on the employee’s refusal to provide explanations, an order is drawn up. For example, an order on disciplinary action for absenteeism. The employer develops the order form independently. But it usually contains the following information:

• last name, first name, patronymic and position of the employee to whom the penalty is applied;
• a description of the disciplinary offense indicating the norms that the employee violated by his offense (for example, a clause of the contract, job description or article of the Labor Code of the Russian Federation), the circumstances of the offense, the degree of its severity and the employee’s guilt are also indicated;
• type of disciplinary sanction imposed.

The employer's order to apply a disciplinary sanction is announced to the employee against signature within 3 working days from the date of issue of the order (not counting the time the employee is absent from work). If the employee refuses to put his signature on the order, a corresponding act is drawn up about this (Part 6 of Article 193 of the Labor Code of the Russian Federation).

Here is a sample order for disciplinary action in the form of a reprimand.

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