Disciplinary sanctions are measures of influence on the behavior of employees, designed to ensure compliance with the work schedule in the organization. The types and procedure for the application of penalties are established by the Labor Code of the Russian Federation, as well as by separate regulations in relation to certain categories of workers, for example, railway workers, workers in production related to nuclear energy, etc.
Chapter 30 of the Labor Code of the Russian Federation establishes the following types of penalties:
- remark;
- reprimand;
- dismissal.
The rules for the application of disciplinary sanctions established by Article 193 of the Labor Code of the Russian Federation must be strictly observed by the employer, otherwise the prosecution of the employee will be recognized as illegal.
These rules include:
- the obligatory receipt of a written explanation of the employee on the fact of a disciplinary offense or drawing up an act of refusal to give an explanation. However, such an act should be drawn up, giving the employee a couple of days to give explanations. If the employee does not provide an explanation within two days, an act is drawn up;
- conducting an official inspection of violations of labor discipline;
- issuance of an order on bringing an employee to disciplinary responsibility within one month from the date of discovery of the misconduct and within six months from the date of its commission.
However, the law provides for an increased term for imposing disciplinary sanctions in the event of an audit of the financial and economic activities of an enterprise - two years from the date of the disciplinary offense;
- familiarization of the employee against signature with a disciplinary order within three days from the date of its issuance, or drawing up an act of refusal to sign.
The punishment order can be challenged by contacting the labor inspectorate or court.
Sometimes, upon detection of a disciplinary offense, there are grounds for dismissing an employee from work, for example, if he came to work drunk, did not undergo a mandatory medical examination or was deprived of a special right, etc.
The period of suspension depends on how long the circumstances that gave rise to the suspension will last. The employee is not paid wages for this period.
