The Labor Code of the Russian Federation, which regulates the labor relationship between the employer and employees, provides for three types of disciplinary action: reprimand, reprimand and dismissal (Article 192). All of them are the result of violation by the employee of the obligations stipulated by the employment agreement or contract. The order of their application is practically the same, and the type of recovery depends on the degree of guilt.
Instructions
Step 1
Any misconduct requiring disciplinary action must initially be documented. This can be a memo written by the immediate supervisor of the employee addressed to the head of the enterprise, or an act. The act is drawn up, for example, in the absence of an employee at the workplace or refusal to perform his direct labor duties. If there has been damage, violation of business ethics, commercial or industrial secrets, the decision of a specially created commission that will conduct an official investigation serves as documentary evidence of the misconduct.
Step 2
These documents can be drawn up both individually and in aggregate. For example, if an employee is absent from the workplace, then first a memo is drawn up, and then an act about this is written, which is signed by at least three witnesses of the violation. The Labor Code does not stipulate the obligation of the enterprise management to acquaint the employee with these documents.
Step 3
The employee is required to provide an explanatory note stating the reasons that led to the violation. He has the opportunity in writing in an arbitrary way to tell about the existence of valid reasons, which may become an excuse for his misconduct. If he is willing to do so, then a written request for an explanation is not required. Otherwise, it must be drawn up and handed over to the employee against signature. The fact of refusal should be confirmed by an act.
Step 4
The employee must provide the explanatory note no later than two days following the date on which it was requested to be provided. If this does not happen, an appropriate act is drawn up. With a document confirming that an explanation was requested, this act is the basis for the application of a disciplinary penalty even without an explanatory note on the fact of the incident.
Step 5
When the note is submitted on time, the employer's actions depend on how convincing the reasons for the employee's failure to fulfill his duties or his violation of labor discipline turn out to be. If the explanation satisfies the employer, no disciplinary action will be taken. Otherwise, the employer determines by order the type of disciplinary sanction imposed, which may be accompanied by penalties or claims for damages.
