The employer can rightfully apply disciplinary sanctions to the employee if he does not fulfill his direct labor duties. They should motivate the employee to perform his professional functions. The employee must remember that in the future he should not commit more misconduct, otherwise he is threatened with dismissal.
What is a reprimand
A reprimand is one of the types of disciplinary action that is applied in the field of labor law. Having received a reprimand, the employee is obliged to provide a report on his illegal actions and to incur a penalty in accordance with legal norms.
A disciplinary offense is a failure by an employee to fulfill his direct labor duties or improper performance. The reprimand is applied by the employer in specific cases. The most severe measure an employer can choose is dismissal. For example, for absenteeism.
As a rule, often only two types of disciplinary action are applied to employees: reprimand and dismissal. The decision remains with the employer. Although, according to Art. 149 of the Labor Code (Labor Code), it must take into account the following factors:
- the degree of the employee's guilt;
- the amount of damage;
- the prevailing circumstances that led to the commission of the offense;
- personal characteristics of the employee.
The legislator provides for dismissal as the most extreme penalty applied to an employee.
The reprimand should motivate the employee to properly perform his job duties, and, remembering the threat of dismissal, he should not commit any more misconduct in the future.
A reprimand is a non-material punishment. For the guilty employee, the imposition of a reprimand carries with it specifically material consequences:
- according to Art. 151 of the Labor Code, an employee cannot count on various incentives throughout the term of the reprimand;
- a reprimand is considered a ground to deprive the employee of bonuses and incentive payments;
- the presence of a reprimand from an employee affects the determination of the level of qualifications;
- according to clause 3 of Art. 40 of the Labor Code, a reprimand can become a real reason for dismissing an employee.
What is a remark
A warning is a kind of disciplinary action. The employer can apply it to an employee for failure to perform labor functions. An employee may deliberately or through negligence commit a misdemeanor. A common example is being late for work.
The remark to the guilty person is applied within the appropriate time frame: within six months from the date of the offense, within a month from the date the fact of the violation was revealed.
An employee cannot be punished for failure to fulfill his job functions if he has not been legally registered for this position.
If an employee has repeatedly received disciplinary action throughout the year, then the employer can rightfully fire him.
How does a reprimand differ from a remark
There are no characteristic differences between a reprimand and a remark.
In Art. 192 of the Labor Code of the Russian Federation (Labor Code), penalties are arranged in the following sequence: remark, reprimand, dismissal. This allows us to believe that the disciplinary punishment is the most "mild", and the dismissal is the most severe, which is provided by law for labor relations.
The Labor Code of the Russian Federation does not say anything about the difference between a remark and a reprimand.
These two types of disciplinary action have the same terms, application procedures and consequences for both sides of labor law.
In paragraph 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation states that an employee can be dismissed for repeated failure to perform his labor functions without good reason, and it does not matter what type of penalty, reprimand or reprimand was applied to him earlier.
