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It is possible if the employee did not fulfill the duties assigned to him through his own fault or if his actions (inaction) entailed serious consequences (work accident, accident, catastrophe) or knowingly created a real threat of such consequences. Rationale. In accordance with Art. 214 and 225 of the Labor Code of the Russian Federation, the employee is obliged to: comply with labor protection requirements; correctly use personal and collective protective equipment; undergo training in safe methods and techniques for performing work, instructions on labor protection, on-the-job training, testing of knowledge of labor protection requirements.
Attention
Is it possible to involve this employee in disciplinary liability for violations that he committed before his dismissal and the next one. Answer: In the above situation, it is impossible to bring the employee to disciplinary liability for committing a disciplinary offense.
In accordance with Article 192 of the Labor Code of the Russian Federation and paragraph 35 of the Plenum resolution Supreme Court Russian Federation dated March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as Resolution No. 2), a disciplinary offense is the failure or improper fulfillment by an employee through his fault of the duties assigned to him labor responsibilities(violation of legal requirements, obligations under an employment contract, internal rules labor regulations, job descriptions, regulations, orders of the employer, technical rules and so on.).
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Important
Any employee, coming to the company, agrees with the rules of conduct adopted in it. These are prescribed in the Labor Code of the Russian Federation and enshrined in the collective agreement.
General information You can learn about the rules of conduct from federal and local laws and from the employment contract concluded between the company and the employee. Important information provides approved internal regulations.
Individual companies have the right to introduce other local regulations, specifying in them how staff should behave. According to the rules, already upon employment personnel service introduces the potential employee to the documents, from which he can conclude how suitable the restrictions adopted in the organization are for him.
Info
If it has been decided that the location is satisfactory, restrictions will have to be followed in the future. Otherwise, the employee faces disciplinary and financial liability for violations.
Discipline has been violated: what the laws say. The decision of the Supreme Arbitration Court, adopted in 2004 under number 2, tells whether a misdemeanor can be considered a violation of discipline, for which a penalty can already be imposed. It talks about how the Labor Code is used in judicial practice.
In particular, the resolution specifies that an employee cannot be absent from the workplace unless he has a compelling argument to explain the absence. It obliges company personnel to fulfill their duties unless there are good reasons for refusal.
Disciplinary action is imposed on an employee who refuses to undergo a medical examination required by law. This measure is mandatory for a number of professions. Responsibility for a disciplinary offense also falls on those who do not agree to undergo training in a profession or take exams, if the specifics of employment make these events mandatory.
This becomes especially difficult for the employer if the enterprise has a trade union organization that protects the interests of the staff. If a person is a member of a trade union, the employer wants to fire him due to repeated failure to fulfill his duties without good reasons to this, then the enterprise and the employee have one month to resolve the conflict situation. This time period does not become longer or shorter due to vacations and other factors. During this time, the trade union body can write its official reasoned opinion and intervene in the situation. We get rid of bosses: is it possible? A similar article can be applied if it is necessary to dismiss the head or deputy head of a trade union or subordinate units. In this case, it is not necessary to release the person from his main job.
The procedure and period for bringing an employee to disciplinary liability
How it works? In practice, it is the period for bringing an employee to disciplinary liability that causes the most controversy and disagreement. It follows from the laws that the main date from which the report is kept is the day when the boss discovered the subordinate’s mistake. The error must be found by the person who is responsible for the employee who made the mistake. It does not matter whether a person higher up the career ladder has the right to discipline employees.
A disciplinary offense becomes the reason for the imposition of a penalty even if the person who committed it went on sick leave or on vacation. Information about what happened is brought to the attention of the company's management, who decide what to do. This time period is not taken into account in the month during which collection can be filed.
Using examples: if a person works in the fishing industry, a warning may be given that the employee does not fully comply with the position. The captain and command staff may have their diplomas confiscated.
The withdrawal period is up to three years. For this time period, if the employee agrees, he is transferred to another position, taking into account the characteristics of the profession. Penalty measures: features Dismissal differs from other measures in that it is a final action that breaks all labor relations between the organization and the staff. Other methods of influencing an employee who has stumbled are temporary. Others fear that if a penalty is applied once, the reputation is ruined forever. Actually this is not true. For example, if a person made a mistake and was punished for it, but this did not happen again within a year, it is officially considered that there was no disciplinary liability at all.
All of them and liability for misconduct are specified in federal laws. Involvement in disciplinary liability from “a” to “z” Attention of the Labor Code of the Russian Federation is possible if the labor protection commission or the labor protection commissioner establishes a violation by the employee of labor protection requirements, which entailed serious consequences (industrial accident, accident, catastrophe) or knowingly creating a real threat of such consequences.
That is, only after investigating the accident according to the law. In addition, if an employee repeatedly fails to fulfill his duties to comply with labor protection requirements, refuses to undergo training and knowledge testing, or fails medical examinations etc.
d., he can be fired under clause 5, part 1, art. 81 for repeated failure to comply without valid reasons for work duties, if he has a disciplinary sanction.
Is it possible to bring a dismissed employee to disciplinary liability?
In accordance with Article 192 of the Labor Code of the Russian Federation, for committing a disciplinary offense, the employer has the right to apply a disciplinary sanction to the employee (see also Article 22 of the Labor Code of the Russian Federation). In the third paragraph of paragraph 33 of Resolution No. 2, it is explained that the employer has the right to apply a disciplinary sanction to the employee even in the case where, before committing the offense, he filed an application for termination of the employment contract on his own initiative (but has not yet been dismissed), since the labor relationship is in in this case terminate only upon expiration of the notice period for dismissal. From the content of this paragraph it follows that the application of disciplinary sanctions is possible up to the termination of the employment contract, labor relations.
Is it possible to bring disciplinary action against a fired employee?
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- Employee disciplinary liability
- The procedure and period for bringing an employee to disciplinary liability
- Disciplinary action from “a” to “z”
- Is it possible to bring a dismissed employee to disciplinary liability?
Not found Otherwise, you can put yourself in an awkward, conflict situation or get a reprimand. An employer can issue an order to discipline an employee if a person does not do what he is supposed to do according to his job description.
Important point! You can’t take just anyone and bring them to justice. Of course, there are different types of disciplinary liability for employees, but criticism of an employee’s actions is fair only in conditions where the employer first created the correct working conditions.
It can be:
- additional;
- basic;
- educational;
- without maintaining wages.
What other time frames are there? According to the law, from the moment the offense is committed, the period for bringing an employee to disciplinary liability is six months. If errors were identified during an audit, audit or financial audit, then disciplinary action can be applied to deficiencies found in the last two years, but not earlier.
If criminal proceedings took place, this time period is not taken into account. We punish: how and how much? Having found one mistake, you can issue one order to bring the employee to disciplinary liability.
You cannot punish more than once for one offense.
Orders and deadlines Based on the explanatory note, the head of the company can privately change the decision and not hold the employee accountable. If this does not happen, then an order must be issued for the enterprise. The document is signed by the chief executive of the organization. Within no more than three days from the date of signing, the office management service must familiarize the employee with the document.
He signs the original, stored in the company’s archives, and puts the date of review. If an employee refuses to sign a document, the personnel service draws up a report in any form, recording what is happening.
According to the law, the statute of limitations for bringing disciplinary action against an employee is one month. The accounting of time begins from the day when the offense became known. If the violation occurred earlier, then the time countdown still starts from the day the fact was discovered.
Disciplinary responsibility is special kind legal responsibility, its application is always associated with the performance of labor or official duties. A feature of disciplinary liability is the application of penalties that constitute its content, as a rule, by the subject of labor relations, namely the employer. In this connection, disciplinary liability is one of the manifestations of the employer’s power in relation to the employee who has entered into an employment contract with him.
Disciplinary liability consists of the application by an authorized representative of the employer to an employee who has committed a disciplinary offense of disciplinary sanctions established by law. Bringing disciplinary action against an employee who has committed a disciplinary offense is the right of an authorized representative of the employer. Whereas an employee who has committed a disciplinary offense is obliged to suffer the adverse consequences established by law. Consequently, the authorized representative of the employer has the right to release the employee from the obligation to suffer adverse consequences in connection with the disciplinary offense committed by him. In this case, the employee’s position improves compared to the law. Therefore, such an exemption should be recognized as meeting the requirements of labor legislation.
Thus, disciplinary liability can be defined as one of the types of legal liability, which consists in the right of an authorized representative of the employer to apply to an employee who has committed a disciplinary offense the disciplinary measures provided for by law and in the corresponding obligations of the employee who has committed a disciplinary offense, corresponding to this right, to undergo the established in the legislation has unfavorable consequences.
There are two types of disciplinary liability for employees. Firstly, the general disciplinary liability of employees. General disciplinary liability applies to all employees without exception. General disciplinary liability occurs according to the rules established in the Labor Code of the Russian Federation. The application of general disciplinary liability does not require proof of additional or special legally significant circumstances. In this connection, it is recognized as general disciplinary liability.
Secondly, we can distinguish special disciplinary liability of employees, which exists along with general disciplinary liability. In this case, special disciplinary liability is applied only in cases where general disciplinary liability cannot be applied. Disciplinary liability is introduced by special legislation, in particular by statutes and regulations on employee discipline. The application of disciplinary liability is always associated with proof of additional, that is, special, legally significant circumstances. There are several types of legally significant circumstances that must be proven when applying special disciplinary liability.
The first type of special legally significant circumstances that must be proven when applying special disciplinary liability is the assignment of an employee to special subjects who are subject to disciplinary liability according to special rules. For example, prosecutors and judges are subject to disciplinary liability according to special rules. At the same time, the general rules on disciplinary liability are applicable to them to the extent that they do not contradict the special legislation on bringing to responsibility of this type.
Secondly, as a type of special legally significant circumstances that must be proven when applying special disciplinary liability, we can highlight the performance by an employee of special labor duties directly related to the life and health of people. Such duties include performing work directly related to the movement of railway transport.
Thirdly, a circumstance, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, is the presence of a special circle of persons or bodies vested with the right to impose disciplinary liability. For example, judges are subject to disciplinary liability by qualification boards upon the recommendation of the chairman of the relevant court. The President of the Russian Federation may bring heads of federal executive bodies to disciplinary liability.
Fourthly, a special type of circumstances, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, is the presence of additional, that is, special, disciplinary sanctions applied to employees. For example, a special disciplinary sanction is deprivation of the driver’s right to drive a locomotive for a period of three months to one year with transfer with his consent to another job, release from a position related to the operational work of railways, with the provision of another job with the consent of the employee in the order of transfer work.
Fifthly, the circumstances, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, should recognize the existence of additional opportunities for appealing disciplinary sanctions. In particular, in addition to the judicial one, there may be an extrajudicial procedure for appealing disciplinary sanctions, for example, to a higher authority or to a higher official. For example, the decision of the regional qualification board of judges on the application of special disciplinary liability can be appealed to the High Qualification Board of Judges of the Russian Federation, and then in court. Employees of government organizations can appeal a disciplinary sanction to a higher official.
Proof of each type of circumstances considered allows us to draw a conclusion about the application of special disciplinary liability to the employee. At the same time, when applying special disciplinary liability, circumstances that include various types can be proven. For example, judges are classified as special subjects of disciplinary liability and appeal against special disciplinary liability in a special manner. Although proof of one type of circumstance allows us to draw a conclusion about the application of special disciplinary liability.
Thus, general disciplinary liability differs from special liability in terms of proof of one or more types of circumstances considered. Proof of each of them may become the basis for recognizing special disciplinary liability. However, according to general rule General disciplinary liability is applied along with special. In this connection, special disciplinary liability is applied only in cases where there are no grounds for applying general disciplinary liability.
procedure for bringing to disciplinary liability
The main responsibilities of an employee are to comply with the rules of conduct enshrined in Labor Code Russian Federation, other laws, collective agreements, employment contract, internal labor regulations, other local acts and conscientious performance of functional duties in accordance with the job description. Accordingly, failure to fulfill or improper performance of these duties serves as grounds for bringing the employee to disciplinary liability.
An employer can bring an employee to disciplinary liability only if he has created appropriate conditions for the employee to comply with labor discipline.
Thus, prerequisite disciplinary liability is the presence of the employee’s guilt. Consequently, it is impossible to raise the question of bringing to disciplinary liability an employee who refused to perform work in the event of a danger to his life and health due to violation of labor protection requirements; or from performing heavy work and work with harmful and dangerous working conditions not provided for by the employment contract; or refused to terminate his vacation early at the request of the employer.
To protect the employee, the law established a clear procedure for bringing to disciplinary liability and a closed list of types of disciplinary sanctions.
Before applying a disciplinary sanction, the employer must obtain an explanation from the employee in writing. If the employee refuses to write, an act is drawn up in any form. Refusal to provide an explanation is not an obstacle to applying disciplinary action.
An order on the imposition of a disciplinary sanction is issued signed by the manager. The employee must be familiarized with the order against signature within 3 days from the date of its publication. If the employee refuses to sign the specified order, a corresponding act is drawn up.
Disciplinary action is applied no later than one month from the date of discovery of the misconduct. The specified period begins to run from the day when the person to whom the employee is subordinate for work (service) became aware of the commission of an offense, regardless of whether he was vested with the right to impose disciplinary sanctions. This does not take into account the time the employee is ill, on vacation, or the time required to take into account the opinion of the representative body of employees. The absence of an employee from work for other reasons, including in connection with the use of days off, does not interrupt the specified period. Leave that interrupts the flow of a month should include all leaves provided by the employer in accordance with current legislation, including annual (main and additional) leaves, leaves in connection with training in educational institutions, leaves without pay.
In addition, disciplinary sanction cannot be applied later than six months from the date of commission of the offense, but based on the results of an audit, financial and economic activities or audit- no later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.
For each disciplinary offense, only one disciplinary sanction can be applied. The Labor Code names the following as disciplinary measures:
Comment;
Rebuke;
Dismissal.
Only their employer can apply them to the employee, taking into account the severity of the offense committed, the circumstances under which it was committed, the employee’s previous behavior, and his attitude to work.
Why can an employee be subject to disciplinary action?responsibility? The procedure for bringing to disciplinary liability.
First of all, it should be noted that the regulation of labor relations between employees and other relations directly related to them is carried out in accordance with the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).
Disciplinary liability is a type of legal liability, the main content of which is the measures (disciplinary action) applied by the employer to the employee in connection with his commission of a disciplinary offense.
In the system of the Regional Ministry of Internal Affairs of Russia for the Khabarovsk Territory, the right to bring subordinate employees to disciplinary liability belongs to the head of the Regional Ministry of Internal Affairs of Russia for the Khabarovsk Territory, and the superiors of subordinates territorial bodies and organizations of the Ministry of Internal Affairs of Russia.
According to Articles 21, 22 of the Labor Code of the Russian Federation, an employee is obliged to conscientiously fulfill his labor duties assigned to him by an employment contract, comply with internal labor regulations, labor discipline, labor protection and occupational safety requirements, comply with established labor standards, treat the employer’s property with care, and the employer, in turn, has the right to demand that the employee fulfill his job duties and take care of the employer’s property, bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation, other federal laws.
In accordance with Article 192 of the Labor Code of the Russian Federation, for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:
1) remark;
2) reprimand;
3) dismissal for appropriate reasons.
The procedure for applying disciplinary sanctions is determined by Article 193 of the Labor Code of the Russian Federation.
Before applying disciplinary action, the employer must request a written explanation from the employee. If the employee refuses to provide the specified explanation within two working days, a corresponding act is drawn up.
In the system of the Ministry of Internal Affairs of Russia, employees can be involved in work in shifts, in which case the period for submitting an explanation is two shifts.
Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time the employee was ill or on vacation. The day on which the misconduct is discovered, from which this period begins, is considered the day when the person to whom the employee is subordinate at work became aware of the commission of the misconduct, regardless of whether he was vested with the right to impose disciplinary sanctions.
A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.
When bringing an employee to disciplinary liability, only the Labor Code of the Russian Federation can be applied, that is, internal checks are not carried out against employees.
It is also prohibited to apply disciplinary sanctions not provided for by federal laws, charters and regulations on discipline.
For each disciplinary offense, the employer can apply only one disciplinary sanction (Part 5 of Article 193 of the Labor Code of the Russian Federation).
It should be noted that departmental acts of the Ministry of Internal Affairs of Russia stipulate that managers have the right to deprive employees annual bonus for improper performance of official (labor) duties in cases provided for by collective agreements and local regulations. However, deprivation of a bonus (reduction in its size) is not classified by labor legislation as disciplinary sanctions, which is confirmed judicial practice.
When applying a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.
In the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2
“On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” states that the employer must provide evidence indicating that when imposing a penalty, the employee’s previous behavior and attitude to work were also taken into account.
The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.
The legislator has provided for the possibility of early lifting of a disciplinary sanction at the initiative of the employer, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees at any time from the moment the sanction is applied. The employer issues an order regarding the early lifting of a disciplinary sanction, indicating in it the motives that served as the basis for this decision.
Labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, local regulations, and employment contracts. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.
In most cases, labor regulations are determined by internal labor regulations, which are approved by the employer taking into account the opinion of the representative body of employees in the manner established by Article 372 of the Labor Code of the Russian Federation. For certain categories of workers (workers nuclear energy, railway transport etc.) there are statutes and regulations on discipline established by federal laws.
Every manager must be fluent in such methods of ensuring labor discipline as persuasion, encouragement, and coercion. The employer encourages employees who conscientiously perform their job duties: expresses gratitude, gives a bonus, awards a valuable gift, a certificate of honor, nominates them for the title of the best in the profession (Article 191 of the Labor Code of the Russian Federation). Other types of employee incentives for work are determined by a collective agreement or internal labor regulations, as well as charters and discipline regulations. For special labor services to society and the state, employees may be nominated for state awards.
The basis for bringing an employee to disciplinary liability is the commission of a disciplinary offense. A disciplinary offense is understood as the failure or improper performance by an employee, through his fault, of the labor duties assigned to him.(Part 1 of Article 192 of the Labor Code of the Russian Federation). An employee’s labor responsibilities are enshrined in legislation, an employment contract, internal labor regulations, job descriptions and others local acts. Disciplinary offenses, for example, include the absence of an employee from work or the workplace without good reason, the employee’s refusal to undergo work time special training and passing exams on labor protection, safety precautions and operating rules, if this is a mandatory condition for admission to work, etc.
As a general rule, applying disciplinary sanctions is the right, not the obligation of the employer. The employer has the right to apply one of the following disciplinary sanctions:
- comment;
- reprimand;
- dismissal for appropriate reasons(in particular, in accordance with paragraphs 5, 6, 9 and 10 of Article 81 of the Labor Code of the Russian Federation).
Most employees can be subject to only those three penalties that are defined in Article 192 of the Labor Code of the Russian Federation. In addition to them, penalties provided for by federal laws, charters and discipline regulations may be applied to certain groups of employees. The application of other disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.
As the results of a study by the National Union of Personnel Officers (NSK) show, many Russian employers, not believing in the effectiveness of reprimands and reprimands and trying to avoid the “paper” procedure, prefer to punish their employees with rubles, that is, they use a system of fines. Since such a disciplinary sanction as a fine is not provided for by current legislation, the employer does not have the right to apply it to violators labor discipline. This position is confirmed by judicial practice. At the same time, it should be noted: if in local regulations If compliance with labor discipline is provided as a condition for bonuses, the employer has the right to deprive an employee who has a disciplinary sanction.
The procedure for bringing an employee to disciplinary liability is established by Art. 193 Labor Code of the Russian Federation. The employer, before applying any disciplinary sanction, must request a written explanation from the employee. If after two working days the specified explanation is not provided, then a corresponding act is drawn up. Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.
For each disciplinary offense, the employer can apply only one disciplinary sanction. When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.
Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees. The day the offense was discovered, from which the month period begins, is considered to be the day when the person to whom the employee is subordinate for work (service) becomes aware of the commission of an offense regardless of whether it has the right to impose disciplinary sanctions. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings. Thus, the legislation clearly establishes the time limits within which an employee can be brought to disciplinary liability. Imposing disciplinary action after these deadlines is illegal.
The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.
A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.
If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.
The employer, before the expiration of a year from the date of application of the disciplinary sanction, has the right to remove it from the employee according to own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.
The employer received a notice to bring disciplinary action against the employee. What is the procedure for bringing to disciplinary liability based on representation?
Often, employers, having received a proposal that contains a requirement to hold the employee accountable, completely forget about the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). An employee is subject to disciplinary liability only on the grounds that this or that supervisory authority requires it. The presence and degree of guilt of the employee is not established, the procedure for bringing to disciplinary liability is not followed. But this is fundamentally wrong and gives rise to violations labor rights workers.
We have already written about how to act if. Let's now take a closer look at the very procedure for bringing disciplinary action on presentation.
If a request for disciplinary action has been received
Remember that bringing disciplinary action against an employee is a right, not an obligation of the employer.
If the submission contains a requirement to bring the employee to disciplinary liability, then this requirement is illegal. The supervisory authority can only recommend consideration of disciplinary action, but not require it.
In accordance with Part 1 of Article 192 of the Labor Code of the Russian Federation, for failure to perform or improper performance of labor duties by an employee, the employer has the right to apply disciplinary sanctions. Labor legislation directly states that the application of disciplinary sanctions is RIGHT, but not DUTY employer. This circumstance is confirmed by the opinion of the Supreme Court of the Russian Federation, in particular in the Resolution of the Supreme Court of the Russian Federation dated 03.03.2016 N 46-AD16-2.
It is necessary to hold an employee accountable for culpable failure to perform or improper performance of official duties.
The presence of guilt and the severity of the employee’s disciplinary offense must be established. Often the presentation contains general information about violation of the law and demands “... to bring the perpetrators to disciplinary liability.” Therefore, it is advisable for the employer, as part of the consideration of the application for disciplinary action, to conduct its own verification of the stated facts.
Based on the submission, we recommend creating a commission and conducting an internal investigation into all violations. The commission will be able to objectively determine whether the facts of violations set out in the submission are confirmed. Whether or not the workers are at fault for this.
Based on the results of the inspection, the commission must draw up a conclusion or certificate in which it sets out its conclusions for the employer.
It is imperative to follow the procedure for applying disciplinary sanctions
Before applying a disciplinary sanction to an employee, it is necessary to demand from him on the facts set out in the application for disciplinary action. If carried out internal audit, then it is advisable to familiarize the employee with its conclusion.
If the fact of a violation or violations is confirmed, the employee’s guilt is established, only then should the issue of the advisability of holding the employee accountable be considered. The very idea of bringing to disciplinary liability, without additional actions on the part of the employer, cannot serve as a basis for bringing to responsibility.
