An official investigation is a procedure aimed at confirming the fact of a serious violation of labor discipline, the preventive measure of which may be the dismissal of an employee under the article and even a trial. Of course, when conducting it, you need to make sure that all documents are drawn up correctly from a legal point of view.
Instructions
Step 1
In the event of an incident related to the facts of violation of labor discipline, the employee who encountered him is obliged to notify his immediate supervisor about it. To do this, he needs to draw up a memo and state the fact that took place in it. Register the service note and put down its incoming number according to the journal of internal document circulation, as well as the date of registration. From this moment, all the terms provided for by the official investigation procedure are counted. It must be carried out within a month and extended if the employee is on vacation or sick leave. This period cannot be extended for more than six months.
Step 2
Form a commission of more than three people by order, which will conduct an internal investigation. It cannot include the immediate supervisor of the employee who has been fined and those managers of the enterprise who make decisions on the imposition of a disciplinary sanction.
Step 3
When conducting an internal investigation, follow Art. 193 of the Labor Code of the Russian Federation, it defines a list of facts that fall under the category requiring an official investigation. When carrying out the procedure, the commission should take into account the employee's previous behavior and his attitude to his work duties, as defined by the relevant contract.
Step 4
The task of the commission is to determine the perpetrator of the violation and the circumstances that led to him. The commission is also obliged to collect evidence confirming the guilt, determine the severity of the offense and demand a written explanation of the incident from the offender. The request for an explanation is handed in in writing, against signature. In the request, list the questions of the commission to which the employee must answer. Refusal to sign in receipt of a demand or to give such an explanation should be evidenced by an appropriate act. Within two days after receiving the notification, the employee must provide an explanation. His absence does not stop the process of continuing the official investigation.
Step 5
The commission prepares all the necessary documents: a memo, an employee's explanation, interviews with witnesses and expert opinions, if necessary - audit reports, customer complaints, etc. Attach to the documents an act on the conduct of an official investigation, signed by all members of the commission, and hand over everything to the head of the enterprise for a decision.
