There are times when you get unfairly reprimanded. Especially if the disciplinary action was made without any specific motivation. How to behave in a similar situation? There is an opportunity to prove that the manager acted unfairly and to challenge the reprimand.
Instructions
Step 1
Do not forget that when you sign the contract, your responsibilities must be explained to you. You should also be familiar with the rules of labor discipline, including the reasons for the reprimand. If you commit a violation of labor discipline, the employer must demand an explanatory note from you. In it, you must state your version of the reasons for the violation. If these formalities are not followed, feel free to challenge the punishment. Justify the protest by saying that you did not know that you were breaking the accepted rules. Refer to clause 12 of Article 22 of the Labor Code of the Russian Federation. Select items in your job description that you cannot fulfill due to the lack of the necessary conditions. Ask your supervisor to cancel the reprimand.
Step 2
If the violation of labor discipline occurred for reasons beyond your control, you can challenge the reprimand with the help of documents proving your innocence. These documents can be obtained from the relevant departments. If the cause of the violation is in the traffic police department (accident, traffic jam, road works), contact the traffic police department. If the reason is fire, contact the fire department, and so on. You must submit documents within 30 working days. Do not give documents directly to your manager. Register them officially, as incoming documentation, through the office.
Step 3
It happens that the manager provokes an employee into behavior that violates discipline. He does this in order to have grounds for dismissing the employee. Remember that in this case, the reprimand cannot be given at all. As a subordinate, it is your responsibility to follow the orders of your supervisor.
Step 4
The fact of cancellation of the reprimand must be officially recorded by an order to cancel it. Do you have documents confirming your innocence, and the reprimand has not been canceled? Talk to your line manager about the law on your side. It is easier for the manager to cancel the reprimand, rather than lose the case in court. You can also contact the head of the trade union committee. Write a statement to establish a labor dispute committee. If this does not bring results, contact the department of the State Labor Inspectorate.
Step 5
If you have to go to court, remember that the employee is exempt from paying state duty. All documents from the court should also be formalized officially through the office, as incoming documentation.
