For the commission of a disciplinary offense, the administration of the enterprise can punish an employee by applying one of the following types of penalties to him: reprimand, reprimand, dismissal on appropriate grounds. The collection must be fair. So, for example, you cannot fire an employee if he is late for work once, but you can reprimand or reprimand him. How to remove the imposed penalty?
Necessary
Labor Code of the Russian Federation
Instructions
Step 1
When deciding to impose penalties on an employee for improper performance of duties or for non-performance, keep in mind that these duties must be imposed on him and fixed in writing - in an employment contract or job description. If this condition is not met, the employee has the right to appeal the collection to the Federal Labor Inspectorate, the Prosecutor's Office or in court.
Step 2
If, in the event that the penalty is applied unfairly, the employee will file a complaint with the appropriate authorities, the firm, official or entrepreneur faces a large fine, and the penalty will be invalidated. This is one of the options in which it is possible to remove the foreclosure.
Step 3
Also, before making a decision on recovery, make sure that the fault is the employee's fault. Remember that, according to the law, a disciplinary misconduct is an employee's improper performance or non-performance, in which the employee is at fault. If during the check it is not reliably established that the person is guilty of failure to fulfill his duties, the collection will be unlawful and must be lifted.
Step 4
If, within a year from the moment of imposition of a disciplinary sanction, the employee did not commit other violations of labor discipline that entailed a new penalty, the previous penalty is considered lifted (Article 194 of the Labor Code of the Russian Federation).
Step 5
Consider also some options for early foreclosure. The penalty can be lifted at the initiative of the administration, at the request of the employee himself, at the request of the immediate superior or the relevant representative body of the labor collective.
Step 6
An employee must submit a request for the removal of a disciplinary sanction from him in writing. If the request comes from a direct supervisor, then the request is set out in a memo. Another type of document is a written application from the workers' union. The head of the enterprise, in case of agreement, puts a resolution on the submitted document. After that, you should prepare in free form an order to remove the penalty.
