Appeal of disciplinary recovery

The decision on the use of disciplinary action is adopted by the head of the enterprise on the basis of a detailed study of the circumstances on a specific violation. If an employee does not agree that in a certain misconduct there are its fault, he has the right to appeal disciplinary penalties.

So, they applied to you, but you disagree that they were guilty or have good reasons. According to the law, you can appeal a sentence. When misconduct is found, management requires a written explanation of the situation. If you do not consider yourself guilty, specify your arguments in the explanatory note about this (late, because I got an accident, they abolished the train, broke my leg, etc.). Be sure to attach confirmation documents if available. Ask direct superior to emphasize the attention of the leadership to your former work discipline, the lack of comments and complaints.

If the leadership still decided to apply the recovery, refer to the choice: to the labor inspection, to the Service Dispute Commission, to the Court. Disciplinary recovery can be easily appealed if:

for one violation, several punishments are applied;
violated deadlines established by law;
previously was not extended by the explanatory note of the guilty;
the recovery is imposed on that period when the employee was temporarily disabled.

If there is an employment dispute commission at the enterprise (it consists of trade union members) the application can be submitted to this body. The statement indicates the grounds, in connection with which the employee considers punishment unreasonable, and please reconsider the case (cancel or soften the punishment). The document must be prepared in duplicate: one is given to the CCC, on the second there is a mark on accepting a statement and is returned to the applicant. If the appeal is submitted to the employment inspection, it should also be accompanied by a statement. Saying the complaint, you must refer to Labor Code, pointing out articles testifying to your favor. At the end of the application, it should be asked to check the legality of the imposition of recovery, to restore your rights and attract the responsibility to justice.

If the decision of the Service Investigations Commission (Labor Inspectorate) is not in favor of the applicant, it is possible to apply to the court (in principle, this can be done immediately, without submitting applications to these authorities). You need to contact the court at the location of the organization (at the place of residence). Document samples can be downloaded from us:

In the process of consideration of the employment dispute, the severity of the offense preceding the behavior of the employee (attitude to work, the fulfillment of duties), the circumstances under which the misconduct was performed. Based on this, a decision is made to comply with the applied disciplinary recovery to a specific offense. The body that considers the employment dispute on the unauthority imposition of recovery to an employee may cancel the punishment if he considers that the recovery measure does not correspond to the severity of the offense. But he has no right to replace him with another punishment. After canceling the current recovery, the administration may apply other penalty, given the periods established by law.

An employee can appeal against recovery no later than 3 months from the date, as he learned about the use of punishment in his address. If the measure of recovery is dismissal, it can be appealed only for a month from the moment of receiving a copy of the order. Acquainted with order of disciplinary penalty and to look instructions for drawing up an order for recovery Can I have.