The employee violated labor or technological discipline. There is every reason to reprimand him. However, inaccurate fulfillment of the requirements in the execution of the order "On the imposition of a disciplinary sanction" may lead to the fact that it will be canceled by the legal inspector. And the guilty worker will feel impunity. It is necessary to strictly follow the instructions for the order to be recognized as lawful and objective.
Instructions
Step 1
First, a memorandum must be drawn up about the violation. In it, it is necessary to state what exactly the employee violated. It is also advisable, in the memorandum, to refer to those paragraphs of instructions or other documents that the employee violated.
For example, an employee was late for work, due to his fault, equipment downtime was allowed. This should be stated in the memo with reference to the violation of the Internal Labor Regulations.
If the employee did not complete the work, having chatted most of the working day with a friend, it is necessary to refer to the failure to comply with specific points of the job description.
Step 2
On the fact of the committed violation, a written explanation must be requested from the employee. You have 2 days to write an explanatory note.
If, after the expiration of the specified period, an explanation is not provided, an act "on refusal to give an explanation" is drawn up. The act is signed by at least three employees in the presence of the offender.
Step 3
Based on the documents submitted, the head of the organization makes a decision to impose a disciplinary sanction in the form of a reprimand. It must be objective and commensurate with the severity of the violation.
This decision is made in the form of an order of any form. In it, it is necessary to set out in detail the essence of the misconduct with links to instructions and rules, the consequences of the violation for the organization.
It is recommended to store orders on the imposition of disciplinary sanctions separately from others, but it is not prohibited in the general folder of orders for the enterprise.
Step 4
The guilty employee must be familiar with the order within 3 days from the date of its registration. In case of refusal to get acquainted, an act is also drawn up.
Step 5
In the event that the employee is a member of the PC, the consent of the trade union body may be required for the reprimand. This requirement is excluded from the Labor Code, but it may well be spelled out in the Collective Agreement or the Internal Labor Regulations.
is not included in the monthly period.
Step 6
The period during which a decision can be made to punish an employee is 1 month. This period extends the employee's illness, vacation and the waiting time for a response from the trade union committee. After 6 months, the employee cannot be punished (for more details - Article 193 of the Labor Code of the Russian Federation).
