According to article 189 of the Labor Code of the Russian Federation, any employee is obliged to regularly perform his work and unquestioningly comply with the internal regulations of the enterprise, as well as labor discipline. For non-compliance with one or several rules, the employer has the right to impose a written penalty, punishment or reprimand with entry into the employee's personal file, track record and work book (Article 192 of the Labor Code of the Russian Federation). If you do not agree with the disciplinary punishment, you can challenge it in accordance with the procedure established by law.
It is necessary
- - application to the labor inspectorate or to the court;
- - the passport;
- - copy of the reprimand;
- - a copy of the explanation.
Instructions
Step 1
If you receive a written reprimand, the employer must ask for a written explanation of the disciplinary or labor misconduct. In the written explanation, describe in detail the reason that prompted you to take this or that action. They can even be reprimanded for being a few minutes late for work. Disciplinary action may be followed by termination of employment at the initiative of the employer.
Step 2
To appeal a reprimand, you do not need to refuse to write an explanatory note, since in the manner prescribed by law this will not prevent the employer from parting with you. You will be deprived of the opportunity to present a copy of your explanation to the appropriate authorities. Before writing an explanation, ask the employer to state in writing what it is required for. Make an explanatory note in duplicate for a carbon copy, or immediately make a photocopy of your explanation and ask the employer to sign the document.
Step 3
Take your time with an explanation, the employer has no right to demand to write it here and now. In accordance with the law, you have two days for this to think it over well and state it logically without the emotions that are always present if an administrative penalty is delivered unexpectedly for you.
Step 4
According to article 193 of the Labor Code of the Russian Federation, you have the right to submit a written complaint to the labor inspectorate or write an application to the court. Attach all copies of documents: reprimand, explanation. Contact the indicated authorities within 1 month from the date of receipt of the penalty in the form of a reprimand (Article 392 of the Labor Code of the Russian Federation).
Step 5
According to the attached documents, the testimony of witnesses and the employer, the labor inspectorate or the court can force you to exclude disciplinary punishment from you by compulsory procedure if, as a result of the consideration of the case, it considers that the punishment was imposed without reason and your fault was not in it.
Step 6
If the labor inspectorate or the court decides that the disciplinary punishment was justified, then you can be fired in accordance with Article 81 of the Labor Code of the Russian Federation.
