Disciplinary action - punishment for improper performance by an employee of his official duties or violation of labor discipline. To appeal a disciplinary sanction, an employee must write a statement to one of these three authorized bodies: the commission on official disputes, the labor inspectorate or to the court.
Instructions
Step 1
A disciplinary sanction can be appealed, provided that it was imposed in violation of the legal deadlines, without a preliminary demand from the employee who committed the violation, an explanatory note or during the employee's temporary incapacity for work. And also provided that a disciplinary sanction for the same violation has already been imposed several times.
Step 2
Based on Art. 392 of the Labor Code of the Russian Federation, an order to impose a disciplinary sanction can be appealed within three months from the day the employee learned about the violation of his right, and in disputes about dismissal - within one month from the moment the employee received a copy of the dismissal order.
Step 3
If the employee decided to appeal the disciplinary sanction to the labor inspectorate, then an application must be submitted. It indicates the full name of the body where it is submitted, information about the submitter and information about the employing organization. When writing the grounds for a complaint, it is better to refer to the articles of the Labor Code of the Russian Federation, which confirm that the penalty was imposed illegally. You can ask for the restoration of your rights, verification of the legality of the imposition of a disciplinary sanction, and bringing the perpetrators to justice. If the labor inspectorate or the commission on official disputes, after the inspection, finds out that the penalty was presented in violation of the law, then it will be canceled.
Step 4
The applicant can appeal the disciplinary sanction in court if he is not satisfied with the result of the work of the commission on official disputes and labor inspection. When considering such cases, the courts apply paragraph 53 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 N 2 "On the application of the Labor Code by the courts of the Russian Federation".
Step 5
The employee also has the right to demand compensation for moral damage from the employer, which is explained in the provision of Art. 237 of the Labor Code of the Russian Federation. The amount of compensation is determined by the employee himself, but on condition that the unlawfulness of the employer's actions will be proven by the court.
