Dismissal for violation of discipline

Labor discipline is a fundamental part of the workflow. It is a set of norms and rules of behavior that regulate the relationship between the employer and the employee. As a rule, the principles of discipline are recorded in the contract of hiring and provide for various sanctions for its non-compliance. Dismissal also refers to the punishment for the gross violation of labor discipline. Let's figure it out in more detail when it happens.

1

Bases for dismissal

The employer has the right to terminate the employment contract with an employee unilaterally, having only good reasons for it. Specific reasons are spelled out in labor legislation of the Russian Federation. They can be:

• theft, waste or other crime in the enterprise;
• damage to the company's property or its embezzlement;
• immoral behavior;
• the appearance at its workplace in a state of intoxication (alcoholic or drug);
• rushed (no warning over 3 hours in a row);
• systematic or single non-fulfillment of working duties;
• disclosure of commercial secrets of the company;
• the presence of an employee of warnings and recovery for violation of work discipline.

More detailed conditions for the termination of the labor contract period are described in st. 81 Labor Code (TC) of the Russian Federation.

2

Responsibility for non-compliance with discipline

Employer Depending on the nature and degree of violations, one of the following punishment options can be applied to the employee (according to Article 192 TK RF):

1. Make a reprimand or remark.
2. Fire.

In the first case, the record of violation of the discipline is not entered into the employment record, but the fact is fixed with the help of an internal act in the enterprise. By themselves, the reprimand or the remark is not threatened by the employee, if an unlawful action occurred once. But repeated misconduct can lead to more serious consequences, including dismissal.

In any case, the employee is obliged to write an explanatory note, and by law it relies on this two working days. And the direct supervisor, in turn, is a report paper with a detailed description of all circumstances. If the employee does not agree with one or another decision of the head, he is obliged to prove his fact of innocence documented (using a medical certificate, an official letter from internal organs, etc.). In addition, you can always go to court for help and conducting an independent expertise.

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  Exemplary Sample Writing Act on the appearance of an employee at work in a state of alcohol intoxication.

3

Order of document flow

So, in order for the management of the enterprise to decide on the dismissal of an employee for a rough violation of labor discipline, necessary:

1. Explanatory from the perpetrator.
2. Report from the linear boss.
3. Act of disciplinary offense.

The last document is compiled by an authorized employee in the presence of independent witnesses in two copies.

Based on the securities provided, the employer decides that is fixed in the relevant order. An employee is obliged to familiarize himself with this document under the painting, otherwise the refusal to study is issued by a special act.

4

Order of dismissal

A document on the termination of the employment contract has a unified form of T-8 or T-8A. The second option is unlike the first to be used in the case of dismissal of several workers at the same time. The order necessarily includes:

1. Data on the enterprise (name, address, OKPO, OKUD).
2. Date, number and place of paperwork.
3. Detailed information about the employee (Tabel Number, FULL NAME, department, position).
4. The date of the employment contract and the end of its validity period.
5. The basis for dismissal indicating a specific article of the law.
6. Documentary confirmation of disciplinary recovery (explanatory, report, act).
7. Date and signature of both sides of the contract. You can also fix the public opinion in the document.

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According to labor legislation of the Russian Federation, The term of execution of punishment for disciplinary misconduct is one month. At the same time, for the employer, it is necessary to consider that the measure of responsibility depends on the nature of a particular violation. In case of evidence of the fact of the innocence of an employee through court, the company's management will be required to restore it in his position with salary.