Disciplinary penalties are used in default (inappropriate execution) by an employee of their employment responsibilities without a good reason. Attraction to disciplinary responsibility is regulated Labor Code.
1
Federal laws, regulations on discipline, are charters provide for various types of penalty. Measures can be applied different:
rebuke;
comment;
strict reprimand;
dismissal.
2
If disciplinary misconduct is detected, the head of the employee must request an explanation of the situation from the employee in writing. If the employee refuses explanation, you need to make an appropriate act (after two working days). In any case, if there is an explanation or without it, disciplinary penalties can be applied. The decision to use it should be taken no longer than 1 month from the date of detection of the violation (the time of illness, the occasion of the employee, the time to record the opinion on this issue is not taken into account). The immediate supervisor of the guilty should provide confirmation that there has been a violation. Based on this, the company's head decides on the guilt (innocence) of an employee, chooses a sentence, taking into account mitigating circumstances (if available). If the employer does not see the reasons to apply punishment, all collected materials may remain without movement.
3
It is impossible to use a disciplinary penalty after half a year after the misdeed. If a revision was conducted, an audit, verification of economic and financial activities, it is allowed to apply penalties no later than 2 years from the date of violation (production time in this criminal case is not included in the specified time limit).
4
Only one penalty is applied for a specific disciplinary offense. The head draws up his decision on the punishment of the employee in the form of an order. From the moment of its publication for 3 days (workers), an employee must be familiar with the paper document. If the guilty refuses to sign an order, it is necessary to compile a specially provided ACT. The employee has the right to appeal against the statement applied to him. Labor inspection (or in the consideration authorities of labor individual disputes).
5
The employer may remove the recovery from an employee for his request, personal decision, the petition of the head of the guilty, representative body of workers. After a year from the date of imposition of recovery (if the re-punishment for new misconduct was not applied) it is believed that the employee does not have recovery.
6
A detailed procedure for the implementation of disciplinary recovery is not regulated in TC. The guilty entitled to demand acquaintance with any case materials, to give his own assessment to the charges, insist on conducting an audit, revision, if it helps to prove his innocence. Also, the worker may involve consultants (representative of the trade union, specialists). The procedure for compiling the order and sample documents can be viewed here.
Some budget organizations have local legal acts specifying disciplinary production. In particular, the procedure for maintaining official investigations, the application of penalties is established.
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