The procedure for applying disciplinary sanctions by order of the employer. What types of disciplinary sanctions are provided for by the Labor Code of the Russian Federation

Article 192. Disciplinary sanctions

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.

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for points 5, 6, 9 or 10 part one of article 81, paragraph 1 of article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of the first part of Article 81 of this Code in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by an employee at the place of work and in connection with the performance of his job duties.

Not allowed application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline.

When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

Article 193. Procedure for applying disciplinary sanctions

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from day of discovery misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees.

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.

For each disciplinary offense, only one disciplinary sanction can be applied.

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.

12 Characteristics of the grounds for dismissal of an employee

Agreement of the parties. On this basis, any type of employment arrangement can be annulled. This requires not only the consent of the employee, but also obtaining permission from the head of the organization.

The employment contract has expired. The contract, which was concluded for a short period of time until the moment when the absent worker takes up the position, is cancelled. The situation is the same with a seasonal work agreement. The employee must be informed in writing no later than 3 days before the end of the contract (except for termination of a fixed-term contract).

Cancellation of a contract at the initiative of the worker himself.

Transfer of an employee to another position in another company at his request or after receiving his consent to do so.

Disagreement to work in an organization if its subordination has been changed or reorganization has been carried out. Dismissal must occur no later than 3 months after ownership arose. If the employee is satisfied with everything, he can continue to perform his job duties.

Cancellation of the contract at the request of the head of the company.

If an employee refuses to perform his direct labor duties due to the fact that the terms of a previously concluded employment contract have been changed in some way.

The employee refused to be transferred to another position if such a transfer was necessary for him due to health reasons, and the current employer does not have the necessary conditions.

Refusal of a worker to perform his functions if the employer has been moved to another location.

If the rules for concluding an employment contract were violated, as a result of which further performance of job duties is impossible.

Violation of labor discipline by an employee and failure to fulfill his duties. This may include: absenteeism without a valid reason; showing up at the workplace while intoxicated, for which there is evidence; disclosure of official secrets, as well as violation of safety regulations by employees (which in turn led to grave consequences).

If an employee is not suitable for the position he occupies due to an insufficient level of qualifications. This must be confirmed by the results of the employee’s certification.

The employee will be laid off (if he does not belong to the category of people whose layoff is prohibited by law). This may be fraught with the application of various penalties to the employer who allowed this. All employees must receive notice of layoffs in writing 2 months before dismissal.

According to the conclusion of an employment contract, an employee not only acquires a certain list of rights, but also bears a number of responsibilities, for example, to conscientiously fulfill his labor duties assigned to him by the employment contract; comply with internal labor regulations; observe labor discipline, etc. Failure or improper performance by an employee, through his fault, of the labor duties assigned to him is a disciplinary offense (), for which a disciplinary sanction is imposed. Let's consider their types and features of application.

For committing a disciplinary offense, the employer has the right to impose a disciplinary penalty. However, it is necessary to take into account the gravity of the offense committed and the circumstances under which it was committed. Therefore, you should carefully consider the procedure for imposing a disciplinary sanction, because As a rule, the result of inaccurate or incorrect execution of documents justifying the application of a disciplinary sanction is the emergence of a labor dispute.

In cases where the employee perceives a violation of his labor rights in the actions of the employer, he has the right to file an application with the state labor inspectorate without any time limit. And for the resolution of individual labor disputes - to the labor dispute commission and (or) to the court within the time limits established by law (Articles 386 and 392 of the Labor Code of the Russian Federation).

The article provides for a simple procedure for applying disciplinary sanctions for such violations. At the same time, not all employers manage to avoid mistakes and violations in the procedure established by law. Moreover, in most cases, employers do not take into account the fact that the main criteria for the legality of imposing a disciplinary sanction are the sequence of actions of the employer and the availability in full of all documents confirming the fact of the disciplinary action, as well as indicating the legality of the employer’s actions in applying this sanction.

Types of disciplinary sanctions and application features

The current legislation, namely -, regulates that for committing a disciplinary offense, i.e. Failure to perform 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.

In accordance with Art. 192 of the Labor Code of the Russian Federation, this list is not exhaustive, because Federal laws, charters and regulations on discipline may provide for other disciplinary sanctions for certain categories of employees.

For example, Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation” for committing a disciplinary offense, that is, for failure or improper performance by a civil servant through his fault of the official duties assigned to him, a warning may be issued for incomplete official compliance.

The legislation clearly states that the application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted. From which it follows that there are two types of disciplinary liability: general, provided for by the Labor Code of the Russian Federation, and special, which is borne by employees in accordance with the charters and regulations on discipline.

Therefore, organizations cannot independently impose any additional disciplinary sanctions (the provided list is exhaustive), however, in practice, referring to Art. 192 of the Labor Code of the Russian Federation, employees are often given a disciplinary sanction: “severe reprimand” or “reprimand with warning,” although such categories are not provided for by the Labor Code of the Russian Federation, as well as the application of various fines, deprivation of allowances and additional payments. Similarly, it would be illegal, for example, to transfer an employee as a disciplinary sanction to a lower-paid position.

For each disciplinary offense, only one disciplinary sanction can be applied (Article 193 of the Labor Code of the Russian Federation).

In addition, when imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account. However, as practice shows, disciplinary measures applied by employers do not always objectively correlate with the committed act. As a result, when resolving labor disputes, the court recognizes the unfoundedness of the decision made by the employer.

Keep in mind that when considering cases, the courts are guided by the fact that the employer must provide evidence indicating not only that the employee committed a disciplinary offense, but also that when imposing a penalty, the severity of this offense and the circumstances in which it was committed were taken into account. committed (Part 5 of Article 192 of the Labor Code of the Russian Federation), as well as the previous behavior of the employee and his attitude towards work.

If, when considering a case on reinstatement at work, the court comes to the conclusion that misconduct actually occurred, but the dismissal was made without taking into account the above circumstances, the claim may be satisfied (clause 53 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application courts of the Russian Federation of the Labor Code of the Russian Federation", hereinafter referred to as Resolution No. 2).

Arbitrage practice.Thus, the court, resolving a dispute about reinstatement at work, came to the conclusion that the disciplinary measure applied to the plaintiff did not correspond to the severity of the offense alleged by the defendant, was unfair and unfounded. At the same time, the court considered that the defendant did not provide evidence that the disciplinary sanction in the form of dismissal was commensurate with the gravity of the offense committed, in the defendant’s opinion. By a court decision, the plaintiff was reinstated at work, and the defendant’s average earnings for the period of forced absence and the amount of compensation for moral damage were recovered from the defendant in her favor (decision of the Dzerzhinsky District Court of Perm dated January 22, 2014 in case No. 2-133-14).

When applying a disciplinary sanction, the employer should also take into account the level of guilt of the employee, including: whether any harm was caused to him, what external factors prompted the employee to take a certain action, whether there was intent in his actions. It is equally important to take into account the general characteristics of the employee: experience, achievements, personal and business qualities, professionalism, health.

In any case, the decision to impose a disciplinary sanction provided for by the Labor Code of the Russian Federation is made by the employer, who has the right, and not the obligation, to do so as provided by law. Therefore, in some cases it is quite appropriate to limit yourself to a verbal warning, personal conversation, etc.

It should also be understood that disciplinary sanctions can be imposed by managers and other officials vested with appropriate powers on the basis of documents (the organization’s charter, local regulations, etc.).

The special liability provided for in discipline regulations and statutes applies to all employees who are subject to them. At the same time, direct employers themselves do not have the right to make any additions or changes to them. The difference between these regulations is the presence of more stringent penalties for certain categories of workers. As an example, we can cite Decree of the President of the Russian Federation of November 10, 2007 N 1495 “On approval of general military regulations of the Armed Forces of the Russian Federation,” namely, the Charter of the Internal Service, the Disciplinary Charter and the Charter of the Garrison and Guard Services of the Armed Forces of the Russian Federation.

Sequence of actions when applying disciplinary sanctions

The procedure for applying disciplinary sanctions is regulated by Art. 193 of the Labor Code of the Russian Federation, which states that before applying a disciplinary sanction, the employer must request a written explanation from the employee. But a written explanation, as a rule, is provided in response to any circumstances, therefore, despite the fact that the Labor Code of the Russian Federation does not contain a requirement to document the fact of a violation, it is necessary to do this, because From the day the misconduct is discovered, the period allotted to the employer for applying a disciplinary sanction begins to run.

The fact of a disciplinary offense by an employee can be recorded by drawing up an official or memorandum from the official to whom the employee is subordinate, regardless of whether this person has the right to impose penalties or not. Of course, in the optimal version, it is better to familiarize the employee with it under his personal signature, thereby further reinforcing the legality of his actions.

Also, the fact of a disciplinary offense can be recorded in the form:

Act (absence from work, refusal to undergo a medical examination, etc.);

Conclusions of the commission (based on the results of an internal investigation).

If an employee is asked to provide a written explanation orally, a situation may arise when the employee denies that the employer has fulfilled his obligation under Art. 193 of the Labor Code of the Russian Federation, and indeed requested a written explanation. Therefore, it is recommended to require an explanation of the circumstances of the violation committed by the employee in writing. To provide a written explanation to the employee, the legislation of the Russian Federation provides two working days.

Some employers make a mistake and issue an order to impose a disciplinary sanction on the day a written explanation is requested, which should not be done, because this action of the employer can be challenged by the employee in court.

The Labor Code of the Russian Federation does not provide for any special requirements for the employee’s explanation, with the exception of written form and deadlines for submission, therefore it can be drawn up arbitrarily in the form of an explanatory note to the employer.

Please note that this is a right, not an obligation of the employee. Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action. Rather, such a rule is provided in order to give him the opportunity to express his own view of the event, explain the reasons for the disciplinary offense, and present reasoned facts in his defense. This is one of the guarantees that the imposition of a penalty will be lawful.

If after two working days an explanation is not provided by the employee, then if there is a firm intention to apply a disciplinary sanction against the employee, an act on the employee’s refusal to give an explanation should be drawn up, with which the employee must be familiarized with a personal signature (if a refusal to familiarize is made, a corresponding note is made in this same document).

In paragraph 23 of Resolution No. 2, it is explained that when considering a case on the reinstatement of a person whose employment contract was terminated at the initiative of the employer, the obligation to prove the existence of a legal basis for dismissal and compliance with the established procedure for dismissal rests with the employer.

Therefore, when imposing a disciplinary sanction, it is necessary to check the following circumstances:

Is the disciplinary offense grounds for imposing a disciplinary sanction;

Are there really no valid reasons for non-fulfillment or improper performance of labor duties;

Are the employee’s culpable unlawful actions (inaction) related to the performance of his job duties;

Are certain job responsibilities provided for by any local regulatory act or other document and is the employee familiarized with it under his personal signature;

Is the disciplinary measure applied to the employee provided for by the legislation of the Russian Federation;

Have the deadlines and procedures for imposing disciplinary sanctions been observed?

Does the official who signs the order (instruction) on bringing to disciplinary liability the right to apply a disciplinary sanction against the employee;

Has the employee’s previous behavior and his attitude towards work been taken into account?

Only if all the above conditions are met can the application of disciplinary action be lawful.

Time limits for applying disciplinary action

On the application of a disciplinary sanction, an order (instruction) of the employer is issued, which contains information about the specific disciplinary offense of the employee. The employee must be familiarized with this order (instruction) with a personal signature. The refusal to sign should be recorded in the relevant act.

According to Art. 193 of the Labor Code of the Russian Federation, a disciplinary sanction can be applied to an employee no later than one month from the date of discovery. The day when the misconduct was discovered, from which the period for applying a disciplinary sanction is calculated, is considered to be the day when the employee’s immediate supervisor became aware of the misconduct committed, which is confirmed by the relevant document (an official or memo, act, commission conclusion, etc.).

The designated period for applying a disciplinary sanction does not include the period when the employee was absent from work due to illness or was on leave (regular, educational, paid or without pay - clause 34 of Resolution No. 2), as well as the time required for taking into account the opinion of the representative body of workers. Here we are talking about the motivated opinion of the representative body of employees when terminating an employment contract. Absence from work for other reasons does not interrupt the specified period.

In case of long-term absenteeism, when the reason for the employee’s absence is not known for certain and he may not be aware of the imposition of a penalty, it is advisable to begin calculating the monthly period from the last day of absenteeism, from the day before the employee appears at work.

In any case, the application of a disciplinary sanction after six months from the date of commission of the offense is not allowed, and based on the results of an audit, inspection of financial and economic activities or an audit - after two years from the date of its commission (Article 193 of the Labor Code of the Russian Federation). The specified time limits do not include the time of criminal proceedings.

The application of a new disciplinary sanction to an employee, including dismissal, is also permissible if the failure or improper performance, through the fault of the employee, of the work duties assigned to him continued, despite the imposition of a disciplinary sanction. At the same time, it must be borne in mind that the employer has the right to apply a disciplinary sanction to the employee even when, before committing the offense, he filed an application for termination of the employment contract on his own initiative, since the employment relationship in this case is terminated only after the expiration of the notice period for dismissal (clause 33 of Resolution No. 2).

In practice, employers often apply disciplinary sanctions to employees when the period for their application has already expired, thereby allowing a violation of the legislation of the Russian Federation, which leads to the recognition of the disciplinary sanction as illegal.

Arbitrage practice.The employee filed a lawsuit against the employer to declare the order to impose a disciplinary sanction on her in the form of a reprimand illegal and to cancel it.

The court concluded that the employee was brought to disciplinary liability in violation of the one-month period established by law. Evidence of suspension of this period on the grounds specifiedPart 3 Art. 193The Labor Code of the Russian Federation was not included in the case materials and they were not presented to the court. The court was critical of the defendant’s arguments that he had met the six-month deadline for bringing the plaintiff to justice, since the provisionsPart 4 Art. 193The Labor Code of the Russian Federation is applied in cases where the disciplinary offense could not be detected within the month established by Part 3 of Art. 193 of the Labor Code of the Russian Federation to bring an employee to disciplinary liability.

In this regard, the court decided to declare illegal and cancel the order to impose a disciplinary sanction on the employee in the form of a reprimand, to recover money in favor of the employee to compensate for moral damage (decision of the Lermontov City Court of the Stavropol Territory of the city of Lermontov dated 02/09/2012 in case No. 2-19/2012).

Please note: information about penalties is not entered into the work book, except in cases where the disciplinary sanction is dismissal (Article 66 of the Labor Code of the Russian Federation).

The concept of disciplinary offense

We think it would be useful to clarify what constitutes a disciplinary offense, since practice shows that employers often interpret it erroneously. So, a disciplinary offense is a culpable unlawful failure or improper performance by an employee of his assigned job duties (violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, regulations, technical rules, other local regulations, orders, other organizational and administrative documents of the employer, etc.).

Only such failure to perform or improper performance of labor duties is considered guilty when the employee’s act is intentional or careless. Failure to perform or improper performance of duties for reasons beyond the employee’s control (for example, due to lack of necessary materials, disability, insufficient qualifications) cannot be considered a disciplinary offense. For example, the legislation of the Russian Federation does not provide for the right of the employer to recall him from vacation early without the employee’s consent, therefore the employee’s refusal (regardless of the reason) to comply with the employer’s order to go to work before the end of the vacation cannot be considered a violation of labor discipline (clause 37 of Resolution No. 2) .

Only such illegal actions (inaction) of an employee that are directly related to the performance of his job duties can be recognized as a disciplinary offense. Thus, an employee’s refusal to carry out a public assignment or violation of the rules of behavior in public places cannot be considered a disciplinary offense.

Violations of labor discipline, which are disciplinary offenses, clause 35 of Resolution No. 2 include, among other things:

a) the absence of an employee from work or the workplace without good reason.

It must be borne in mind that if the employment contract concluded with the employee or the employer’s local regulatory act does not stipulate the specific workplace of this employee, then in the event of a dispute arising over the issue of where the employee should be when performing his job duties, It should be assumed that, by virtue of Part 6 of Art. 209 of the Labor Code of the Russian Federation, a workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer;

Arbitrage practice.The director of the institution explained that the employee was not at the workplace, which is his office, at the time specified in the dismissal order.

Taking into account the provisions of the employee’s job description submitted to the court by the defendant, the court accepted the plaintiff’s explanations that the office was not his only workplace. The absence of an employee from the workplace for some time, which is not his only one, is not absenteeism. The possibility of an employee being in other premises of the employing organization, as well as outside the territory of the institution, may be due to his official duties.

Thus, the court came to the conclusion that it was necessary to recognize the dismissal order as illegal and satisfy the employee’s request for reinstatement at work (decision of the Leninsky District Court of Kostroma dated May 26, 2010 in case No. 2-568/2010).

b) refusal of an employee, without good reason, to perform labor duties in connection with a change in labor standards in accordance with the established procedure (Article 162 of the Labor Code of the Russian Federation), because By virtue of the employment contract, the employee is obliged to perform the labor function defined by this contract and to comply with the internal labor regulations in force in the organization (Article 56 of the Labor Code of the Russian Federation).

It should be borne in mind that refusal to continue work in connection with a change in the terms of the employment contract determined by the parties is not a violation of labor discipline, but serves as a basis for termination of the employment contract under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation in compliance with the procedure provided for in Art. 74 Labor Code of the Russian Federation;

Arbitrage practice.An MDOU teacher for refusing to work on a shift schedule with other groups of children and in another building after applying disciplinary sanctions in the form of a reprimand and reprimand was dismissed from work on the grounds provided forclause 5, part 1, art. 81Labor Code of the Russian Federation.

The court concluded that disciplinary sanctions, including dismissal from work, were illegal and subject to cancellation. By the court's decision, the teacher's claim against the preschool educational institution for the cancellation of the disciplinary sanction, reinstatement at work, payment for forced absence and compensation for moral damage was satisfied in full (decision of the Ust-Kulomsky District Court of the Komi Republic dated December 2, 2011 in case No. 2-467/2011).

c) refusal or evasion without good reason from a medical examination of workers in certain professions, as well as refusal to undergo special training during working hours and pass exams on labor protection, safety precautions and operating rules, if this is a mandatory condition for admission to work.

Also, a violation of labor discipline should be considered a refusal by an employee, without good reason, to conclude an agreement on full financial responsibility for the safety of material assets, if the fulfillment of duties for servicing material assets constitutes the employee’s main job function, which was agreed upon when hiring, and in accordance with According to the current legislation, an agreement on full financial liability can be concluded with him (clause 36 of Resolution No. 2).

Please note that the application of a disciplinary sanction can be recognized as legal in cases of non-fulfillment or improper performance by an employee of labor duties only when he has been familiarized with each of the local acts establishing the relevant duties under his personal signature, because This requirement is provided for in Art. 22 Labor Code of the Russian Federation.

Therefore, courts often overturn disciplinary sanctions against employers due to the lack of familiarization of the employee with the document that he violated.

Arbitrage practice.During the hearing, the court found that when applying for a job, the employee signed only an employment contract and an agreement on full financial responsibility. The job description was approved only in 2012, and disciplinary sanctions were imposed for disciplinary offenses committed by the employee in 2011.

The court concluded that when applying a disciplinary sanction in the form of a reprimand, the employer could not be guided by the job description, since when concluding the employment contract, the employee was not familiar with it, and his job responsibilities were not established. Referring toletterRostruda dated 08/09/2007 N 3042-6-0, the court indicated that a job description is not just a formal document, but an act that defines the tasks, qualification requirements, functions, rights, duties and responsibilities of the employee.

By a court decision, bringing an employee to disciplinary liability was declared illegal (definitionSamara Regional Court dated July 30, 2012 in case No. 33-6996).

Dismissal as a disciplinary measure

The most severe, extreme disciplinary measure is dismissal. Thus, in cases of application of a disciplinary sanction in the form of dismissal, employees often challenge the actions of the employer if:

There were valid reasons for absence from work during working hours;

The employee is not familiarized with the dismissal order or other local acts of the employer under his personal signature;

The procedure provided for in Art. 193 of the Labor Code of the Russian Federation, including violation of the deadlines for bringing the employee to disciplinary liability;

The employee is dismissed for a violation for which he has already been subject to a disciplinary sanction (note that only one disciplinary sanction can be applied for each disciplinary offense, i.e., the employee cannot be reprimanded and fired at the same time for one violation).

As an example, let’s take a closer look at one of the grounds for dismissal of employees, related to disciplinary sanctions. Thus, upon dismissal for repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction (Clause 5, Part 1, Article 81 of the Labor Code of the Russian Federation), the following conditions must be met:

The employee, without good reason, failed to perform or improperly performed his job duties;

For failure to fulfill labor duties earlier (no later than the calendar year), a disciplinary sanction has already taken place (an order has been issued);

At the time of his repeated failure to fulfill his labor duties without good reason, the previous disciplinary sanction had not been removed or extinguished;

The employer took into account the employee’s previous behavior, his previous work, attitude to work, circumstances and consequences of the offense.

Employers often make the mistake of believing that a previous disciplinary sanction alone is sufficient to subsequently dismiss an employee.

Arbitrage practice.The court found that the employee was dismissed from his position due toclause 5, part 1, art. 81Labor Code of the Russian Federation for repeated failure to fulfill labor duties without good reason. At the same time, the employer does not indicate in the order for which specific violation of labor duties the disciplinary sanction in the form of dismissal was applied (which labor duties were again not fulfilled). This order contains only references to previously applied disciplinary sanctions.

As a result, the court concluded that the employee was subject to disciplinary liability in the form of dismissal for the same actions for which he had previously been subject to disciplinary liability. And since the employer did not prove what new disciplinary offense (committed after a disciplinary sanction was applied to the employee) served as the basis for the dismissal of the plaintiff, the employer had no grounds for terminating the employment contract with him underclause 5, part 1, art. 81Labor Code of the Russian Federation.

The employer's argument about his right to dismiss an employee due toclause 5, part 1, art. 81The Labor Code of the Russian Federation, in the presence of two disciplinary sanctions, without waiting for him to commit a new disciplinary offense, is erroneous, based on an incorrect interpretation of the norm of paragraph 5 of part 1 of Art. 81 Labor Code of the Russian Federation. Within the meaning of this norm, for the dismissal of an employee on this basis, there must be a reason in the form of a disciplinary offense committed by the employee after a disciplinary sanction was applied to him.

In the present case, the employer dismissed the employee for the same offenses for which he had previously been subject to disciplinary sanctions in the form of reprimands and reprimands. Under such circumstances, the dismissal of an employee on this basis could not be recognized as legal, and he was subject to reinstatement (decision of the Meshchansky District Court of Moscow dated January 16, 2013 in case No. 2-512/2013).

Thus, if errors made by the employer are identified, the state labor inspectorate can bring the employer to administrative liability, and by a court decision, the employee can be reinstated at work, and the average earnings for the period of forced absence, as well as the amount compensation for moral damage. Therefore, when deciding to impose a disciplinary sanction on an employee, all conditions provided for by law must be observed and the established procedure must be strictly followed.

After the commission of misconduct by employees of an enterprise or due to their improper performance of work duties, the employer has the right to apply to them the penalties provided for by the Labor Code of the Russian Federation. An employee can only be subject to one of the types of disciplinary sanctions described in the Labor Code. Such strict measures are necessary to ensure that the team maintains discipline and performs its duties properly.

What is disciplinary action

The employee’s obligation to bear punishment for violating the rules of the organization in which he works, the terms of the job description or the employment contract is disciplinary liability. According to the articles of the Labor Code, the basis for disciplinary action will be the commission of an offense by an employee, which proves the latter’s neglect of his official powers. Any punishment applied on illegal grounds can be appealed by the employee in court.

Kinds

It is prohibited to apply disciplinary sanctions not provided for by federal laws, regulations or statutes on discipline. For failure or improper performance by an employee of his job duties, the employer has the right to apply one of the following types of punishment:

rebuke;
comment;
dismissal.

Disciplinary sanctions under the Labor Code

The main disciplinary measures are described in Article 192 of the Labor Code of the Russian Federation. The grounds for holding an employee accountable are:

failure or dishonest performance by an employee of his work (job responsibilities are described in the employment contract);
performing an action not permitted by the official regulatory documents of the institution;
violation of job description;
failure to comply with labor discipline (repeated lateness, absence from work).

Comment

The most common type of responsibility for committing disciplinary offenses is a reprimand. It is issued for minor violations, that is, when the damage caused or violation of discipline does not have serious consequences. Such disciplinary punishment is imposed if the employee improperly fulfilled his job duties for the first time. To apply the remark, the employee must be familiar with his/her due instructions when applying for a job. In this case, the document is certified by the signature of the employee.

Before drawing up an order for disciplinary action, the employer must request written explanations from the offender. The employee provides an explanatory note within 2 working days from the receipt of such a request (a special act is drawn up on which the employee signs for receipt). In the explanatory note, he can provide the employer with evidence of his own innocence or indicate good reasons for which the offense was committed.

Since the Labor Code does not list which reasons are considered valid, this is decided by the employer himself. However, judicial and personnel practice shows that valid reasons may include:

lack of materials for work;
disease;
violation of labor conditions by the employer.

If the employer considers the reason for the misconduct to be valid, he should not reprimand the employee. In the absence of a valid reason, the management of the institution issues an order to impose disciplinary liability in the form of a remark. The employee puts his signature on the document, which indicates that he is familiar with the order. If the offender refuses to sign the paper, the employer draws up a report. The reprimand is valid for 1 year from the date the offense was committed, but it can be lifted early:

at the initiative of the employer;
at the written request of the employee;
at the request of the trade union body;
at the request of the head of the structural unit.

Rebuke

Labor legislation does not provide an exhaustive list of reasons for which reprimands are issued. However, in practice, disciplinary action is imposed on an employee due to the discovery of an offense of moderate gravity or for systematic minor violations. List of disciplinary offenses for which a penalty is imposed on the employee:

Ignoring the norms of the Code. Penalties are announced for absenteeism, violations of the regulations or safety regulations, failure to fulfill official duties, etc.
Actions for which there is no legal liability, but which are mandatory elements of industrial relations. For example, penalties are applied if an employee refuses to undergo a medical examination, training, etc.
Creating a situation that subsequently caused damage to the institution’s property. An example is damage to material assets or their shortage. The procedure for imposing penalties is carried out by issuing appropriate orders from the manager. Punishment can be applied for six months from the date of discovery of the offense. After this period, penalties imposed are illegal.

As a rule, a reprimand follows as a second disciplinary action after a reprimand. According to the Labor Code of the Russian Federation, it is prohibited to apply two sanctions at once for one violation. During the legal process, if one is carried out, the issue of applying a more lenient punishment to the employee is first clarified. If the manager represented by the defendant cannot provide evidence that the reprimand followed the remark, then the penalties will be lifted.

Before a reprimand can be ordered, certain procedures must be followed. A severe reprimand is issued after written documentation of the violation. For this purpose, the employee’s immediate supervisor must submit a memo or report to the organization’s management, which will describe the facts of non-compliance with the requirements. The document must contain:

date of the event;
the circumstances of the violation;
names of those involved.

After this, the violator is asked to give a written explanation of his actions, but it is impossible to demand explanations from the employee (this is his right, not his obligation, according to Articles 192 and 193 of the Labor Code of the Russian Federation). A request to provide a written explanation within 2 weeks is stated in the notification, after which the document is delivered to the violator for signature. The fact of a reprimand is entered into the employee’s personal file: this information is not displayed anywhere else, however, disciplinary action may result in deprivation of bonuses and other incentives.

Even after sanctions are imposed, the employee is able to correct the situation: if he does not violate the rules for a year, the punishment is automatically lifted. In addition, a reprimand can be lifted early, requiring a written petition from both the employee and the manager. This situation is possible only if the violator has a loyal attitude to the internal investigation and in the absence of refusals on his part to give explanations or sign acts.

Dismissal

This punishment is determined by the high severity of the offense. Its imposition is a right, and not an obligation, of the manager, so there is a possibility that the offender will be forgiven, and the penalty will be more lenient. If the employer is determined, then in order to dismiss he should record:

several cases of groundless violations of labor regulations (lateness, non-compliance with orders/instructions, failure to fulfill duties under TD, evasion of training/examination, etc.);
single gross misconduct (absence from work for more than 4 hours without legal grounds, appearing drunk, disclosing confidential information, appropriating someone else’s property at work, etc.).

The procedure for bringing to disciplinary action is documented, and it is important that the fact of violation is supported by written explanations of eyewitnesses of the event, an act of theft, etc. The violator is asked to provide an explanatory statement regarding the offense committed (2 days are allotted for its preparation). The imposition of a penalty must be issued in the form of an order, a copy of which is given to the employee for review. Based on this document, a dismissal order is created.

The dismissed employee is given a settlement (salary and compensation for unused vacation). A corresponding entry is made in the work book (the types of disciplinary sanctions must be indicated). Rules that an employer must follow when dismissing an employee:

after discovering the grounds for dismissal, the manager must impose a penalty within a month or from the date of entry of the court decision based on the results of consideration of the violation;
it is prohibited to fire a person during vacation or during a period of incapacity;
Before applying punishment, an explanation must be requested from the offender.

Disciplinary action

In order for an organization to function normally and produce the expected results, it must maintain discipline. If an employee does not comply with it and remains unpunished, a chain reaction occurs (others also begin to violate order). The initial punishment may be a warning or an educational conversation. If such a measure does not bring the desired result, more serious punishments can be applied that encourage the employee to stay within the limits of what is permitted. For this purpose, different types of disciplinary punishments are applied under Art. 192 Labor Code of the Russian Federation.

Per employee

The grounds for punishment are violations committed by him, for example, improper performance of labor functions or failure to perform them, non-compliance with the work schedule (no-show, tardiness), violations of discipline, ignoring requirements for training or undergoing a medical examination, property crimes (theft, damage, etc.). Possible consequences of the committed offense:

dismissal;
reprimand or severe reprimand;
comment.

For a military man

Like employees of non-law enforcement organizations, military personnel are obliged to comply with the rules prescribed to them, violation of which is subject to sanctions described in regulations. A violator of discipline can be held accountable within the time limits provided by law and if there are legal grounds. The main document regulating the rights and obligations of military personnel is Law No. 76 of 1998. According to it, responsibility for misconduct lies not only with contract soldiers or conscripts, but also with civilians called up for training.

Depending on the severity of the violation committed, the provisions of the Criminal or Administrative Codes will be applied to the military man. For violation of the charter, the culprit may be subject to disciplinary liability, and sometimes the offense contains elements of an administrative offense. However, when drawing up sanctions, it is not the norms of the AK that will be relevant, but Law No. 76.

Military discipline can be violated by the following types of offenses:

rude;
intentional (the culprit was aware of what he was doing and could foresee the consequences);
careless (the offender did not understand what consequences his action could lead to);
minor (action/inaction that did not cause serious harm to order or third parties, for example, being late, violating the regime of a military unit, etc.).

Decree No. 145 contains a list of gross disciplinary violations. These include:

leaving the territory of a military unit without permission;
hazing;
absence from the place of duty for more than 4 hours without a valid reason;
failure to return from dismissal on time (from vacation/business trip, etc.);
failure to appear at the military registration and enlistment office when summoned;
violation of the order of guard duty, border service, combat duty, patrolling, etc.;
improper handling of ammunition/equipment/weapons;
waste, damage, illegal use of property of a military unit;
causing harm to property/employees of a military unit;
being on duty in a state of alcohol or other intoxication;
violation of traffic rules or rules for driving a car/other equipment;
inaction of the commanding officer to prevent misconduct by subordinates.

Disciplinary penalties for violating military rules may include the following:

reprimand or severe reprimand;
deprivation of a badge;
deprivation of dismissal;
dismissal from service before the end of the contract;
warning;
demotion;
expulsion from a military educational institution, from training camps;
disciplinary arrest for 45 days or longer.

For a state civil servant

Punishments for civil servants are not fundamentally different from the generally accepted ones. However, the Labor Code of the Russian Federation takes into account the Law on Civil Service No. 79-FZ, which provides for an increase in employee liability measures several times, since the status of a state executive requires compliance with restrictions/prohibitions and anti-corruption legislation.

Article 57 of the Federal Law describes four types of disciplinary sanctions that are imposed on civil servants. These include:

rebuke;
comment;
dismissal;
warning.

The reason for punishment may be not only lateness or absenteeism, but also failure to fulfill official duties or their improper implementation. The only condition is that all the person’s responsibilities must first be specified in the job description and agreed upon with the employee under signature. The most serious disciplinary sanction for a civil servant is dismissal, which can only be applied in cases established by law (Article 37 of Law No. 79-FZ):

repeated failure to fulfill official obligations without good reason;
one-time gross violation of official duties (absenteeism, alcohol or other intoxication in the workplace, disclosure of secret information, theft of someone else's property, embezzlement of funds, etc.);
adoption by a civil servant working in the “managers” category of an unfounded decision, which resulted in a violation of the safety of property, damage to property, its unlawful use, etc.;
a single serious violation by a civil servant working in the “managers” category of his official duties, which resulted in harm to a government agency or a violation of the legislation of the Russian Federation.

Procedure for applying disciplinary sanctions

Involvement in disciplinary punishment is a sequential procedure that consists of several stages. These include:

Drawing up a document indicating the discovery of a violation (report, act, etc.).
Requesting a written explanation from the culprit indicating the reasons for his action. If the manager receives a refusal or the employee does not submit a document within 2 days, this fact is recorded through a special act.
The employer makes a decision on guilt and chooses a punishment for the employee who committed the offense. To do this, all available materials are assessed and circumstances that can mitigate the guilt are taken into account. The lack of evidence does not give the manager the right to apply any disciplinary action.
Creation of an order for the imposition and subsequent execution of punishment. For one misconduct, an employee can only be given one disciplinary punishment.

Order of punishment

The document must contain complete information about the employee, including his position, place of work, the fact of violation with reference to current regulations, a description of the violation, the type of penalty imposed and the grounds for this. The completed order is given to the culprit for review, who must sign it within 3 working days. If the employee refuses to do this, a corresponding act is drawn up in accordance with Part 6 of Art. 193 Labor Code of the Russian Federation.

Duration of disciplinary action

The punishment is valid until it is lifted, which may occur as a result of the employee’s dismissal. In this case, only a reprimand or reprimand can be removed from the culprit (subject to the continuation of the labor relationship between the employee and the employer). At the same time, the removal of a disciplinary sanction occurs in two cases, according to Article 194 of the Labor Code of the Russian Federation:

automatically one year from the entry into force of the punishment order;
by early withdrawal on the initiative of the immediate superior/leader of the trade union or the employee himself.

Since the decision to sanction is determined by the employer, early removal of the sanction must also be agreed upon with management. Automatic release from collection occurs without any documentation. In this case, the trade union or immediate manager must draw up a petition addressed to the head of the enterprise (the document does not have a mandatory form). The paper contains the data of the head of the enterprise, the employee/team who initiated the petition, a reasoned request to cancel the punishment, the date and signature of the persons who compiled the document.

Labor relations do not always proceed without problems. For various reasons, workers commit sins that are associated with fulfilling work obligations. In such cases, the manager resorts to one or another disciplinary sanctions.

Often this is a verbal remark or, but there are situations when the solution to the problem is dismissal. Other methods of punishing a worker are also possible. The period of validity of a disciplinary sanction is one year, provided that the worker is not fined again.

Drinking in the workplace? This must be punished!

During the work process, the worker must fulfill his job obligations, protect the property of the enterprise and adhere to the established work schedule. If this does not happen, the employee is punished.

Workers must understand that this degree of punishment is often forced and temporary. If the employee does not violate the law in the future, then the period of such punishment will be no more than a year, and maybe less.

How to maintain labor discipline by motivating an employee to perform his duties? Disciplinary measures are a legal “weapon” for an employer. But it is worth applying all types of disciplinary sanctions, strictly adhering to the law, otherwise conflicts and litigation cannot be avoided. Disciplinary liability provides for the following types of penalties - reprimand, reprimand and the most severe, dismissal. When you can “punish” an employee and how to document the offense, we’ll look at it in the article. What is the employer's liability for unlawful disciplinary action?

Read our article:

When can disciplinary action be taken against an employee?

It is worth understanding that a person can be accused of violation of discipline or other guilt only if there is an offense itself. Personal judgments, hostility, infringement, the desire to get rid of a negligent employee - cannot become the basis for any type of disciplinary action!

A misdemeanor (disciplinary) is only the case/fact when the employer was able to prove that a person does not comply or does so improperly with the rules established at the enterprise or his job descriptions. At the same time, disciplinary measures must be adequate to the offense. It is unacceptable to apply “punishments” that are not established by law.

Only one type of disciplinary action may be imposed per violation. This is dismissal, reprimand or reprimand. It is not permissible to “sum up” punishments, for example, to issue a reprimand on the same day for being late for the start of a shift, and then fire the employee for this. Only the head of the enterprise or his authorized deputy can make an informed decision on the application of a specific type of disciplinary liability under labor law. In what cases are different types of “punishment” possible?

Dismissal is a type of disciplinary sanction

This is the most severe measure, so it should be used in the case of a correctly recorded fact of misconduct, as well as justification of the person’s guilt:

Gross violation of assigned job duties - both single and multiple. A type of disciplinary sanction is applied in the form of dismissal for absenteeism, appearing at work under the influence of any drugs, psychotropic drugs, or alcohol.
Disclosure of confidential information that concerns the activities of the organization and can cause serious harm to both the commercial structure and the interests of the state will entail a disciplinary measure in the form of dismissal.
Theft of property or money.
Gross violation of labor protection and safety standards for workers, which led to negative consequences.
An employee presents false documents when signing an employment contract. True, if we are talking about a diploma or certificate, about taking courses that are not “core” for official duties, a person cannot be fired.
The manager committed actions that caused financial harm to the enterprise, as well as jeopardizing the life and health of others - the type of disciplinary measure will be dismissal or a severe reprimand.
The teaching council, guided by professional standards for teachers in 2017, can decide to dismiss a teacher if he has committed the same offense twice within one year.

The grounds for dismissal and types of disciplinary liability in these cases are regulated by clause 6 of Art. 81 Labor Code of the Russian Federation.

If an employee who is responsible for material assets (accountant, storekeeper, etc.) committed actions that resulted in monetary costs for the enterprise, in addition to penalties, disciplinary action in the form of dismissal may be applied (clause 7 of Article 81 of the Labor Code of the Russian Federation).

Comment

This type of punishment can be applied to an employee who:

Fails to fulfill his duties without having confirmed valid reasons for this - this could be being late without presenting medical documents or other facts proving his innocent actions. It is worth understanding that an employee cannot be fired for being late (once). And if he continues to violate discipline, he will first be reprimanded, and then the disciplinary measure will be dismissal under clause 5 of Art. 81 TK RF.
Violation of labor duties.
Failure to comply with the instructions of the head of the enterprise or the immediate superior of a structural unit.
The employee made an unreasonable decision regarding the main activity of the enterprise (for example, signed an agreement without approval, entered into an unprofitable deal, etc.) - a type of disciplinary sanction is applied in the form of a remark, as well as a reprimand or dismissal.

Reprimand - a type of disciplinary responsibility

It is worth understanding that this punishment can be applied as a “warning” before dismissal. It is imposed in the following cases:

Repeated violations of discipline at the enterprise - regular tardiness, absenteeism, leaving the workplace during a shift, etc.
Failure to fulfill labor duties - a disciplinary measure in the form of a reprimand is applied after a reprimand.
If the head of an enterprise or the head of a branch, his deputies, or the chief accountant make an unreasonable decision, any type of penalty can be applied, including a reprimand.
The actions of the head of the organization or branch led to financial losses, there was a threat to the health or life of the staff - a form of disciplinary action is applied in the form of a severe reprimand or dismissal.
If a person systematically violates or does not comply with the professional standards of a librarian in 2017, he will also be reprimanded, and if he commits a repeated offense, he will face dismissal.

It is worth remembering that some Federal laws, as well as internal regulations on discipline and charters, provide for additional grounds and types of disciplinary liability for individual employees.

Procedure for applying disciplinary sanctions

To issue a reprimand, reprimand or dismiss a person under the relevant article, you must go through all the steps of production:

Stage 1

After establishing the fact of an offense, the employer is obliged to give the employee the right to explain the reason for his offense. To do this, a person writes an explanatory note, where he argues his position, proves a good reason, attaching medical certificates or other documents. If an employee does not want to explain the reason for the misconduct, before choosing the type of disciplinary measure, you must:

Allow 2 working days for writing explanations.
After the specified period, draw up an act, indicating the date and place where it was drawn up, the personal data of the offender, position, and the essence of the situation. Information is necessarily recorded that you gave the employee time to explain; if he refused, an entry is also made in the report.

Remember that the employer is liable for unlawful (unfounded) disciplinary action, so you should definitely listen to the employee.

Stage 2

The head of the enterprise is obliged to demand from the employee’s immediate supervisor all documents that will confirm that the subordinate has committed an offense. It is also necessary to hear the opinion of the immediate superior on the possibility of imposing a specific type of disciplinary liability. Arguments against punishment can include impeccable work before the offense, complexity of duties, etc.

Stage 3

It is necessary to evaluate all materials that have been collected regarding the offense. They will allow us to draw a conclusion about the possibility of applying specific types of disciplinary action to the employee. We study reports from heads of structural divisions, acts on systematic or one-time delays, explanatory notes on unfulfilled official duties, estimates, invoices, contracts, etc. Only after evaluating the documents can we talk about the degree of guilt of a person.

Stage 4

It is necessary to assess the severity of the offense committed, as well as identify circumstances that can mitigate a person’s guilt. After this, the type of disciplinary action is chosen.

Stage 5

"Educational work. It is worth remembering that punishment will not always become an incentive for an employee not to violate discipline! At this stage, the manager himself can choose an adequate measure of “correction” of the employee - a conversation, a verbal warning. That is, according to Part 1 of Art. 192 of the Labor Code of the Russian Federation, you have the right to independently choose an educational measure or immediately apply types of disciplinary liability to an employee.

At this stage, the employer has the right to assess all the circumstances of the offense, but not give them “action”.

Stage 6

After familiarization with all the circumstances of the case, the grounds are established. To do this, you need to issue an order or order imposing a disciplinary sanction. The manager’s decision must be announced to the employee no later than 3 days from the date of signing it. The employee is obliged to read it and leave a signature. Refuses to take such actions - an act is drawn up in the presence of witnesses (employees of the enterprise) about the fact. It indicates all the details of the Order to impose a penalty and the fact of refusal to review.

For a more detailed explanation, watch the video:

We correctly document the fact of the offense

It is worth understanding that types of disciplinary liability such as reprimand or dismissal cannot be applied without confirmation of the primary offense followed by the reprimand. That is, you need to correctly record the repeated offense. The following documents will help with this:

Memo - here you can reflect information that indicates that the employee did not cope with the task, did not complete the required amount of work, used the employer’s resources for personal purposes (used the Internet, copied personal documents, sent information by fax, etc. ).
An act confirming the correctness of the choice of the type of disciplinary liability under labor law - lateness, refusal to pass a commission if suspected of alcohol or drug intoxication.
The official decision of the commission - it is created to assess the harm that the employee caused to the organization through his actions or disclosure of confidential information.
When applying a specific type of disciplinary sanction (lateness, absence from work for more than 4 hours, etc.), only the hours actually worked should be noted on the time sheet to prove the fact of the offense.

All these documents will help prove to you the legality of choosing a disciplinary measure.

Evidence can be considered both collectively and individually. For example, you first record the fact of being late with a memo, then draw up an act.

It is important to remember that if an employee wants to challenge your decision, the responsibility to prove the fact falls on the employer! He collects and presents all the evidence and argues for the choice of type of disciplinary action.

We record the fact that an employee appears in a drunken state

To document an incident and then apply a form of disciplinary action to an employee in the form of a severe reprimand or dismissal, you must:

Draw up an Act confirming that the person came to work in an altered state of consciousness - drunk, under the influence of narcotic or psychotropic drugs. The document should definitely describe in detail how the person behaved - whether there were signs of aggression, whether he could have caused harm to others or to expensive equipment. And also indicate what kind of intoxication was present.
Draw up reports from specialists who saw a person in a state of intoxication.
A medical report is the best option to confirm the legality of a type of disciplinary sanction, which is difficult to implement in practice. To do this, the person must be offered to undergo an examination at a medical institution in order to justify future punishment. The employee refuses - draws up an act of refusal to be examined, we involve eyewitnesses who will sign it (at least 2 people).

If a person behaves inappropriately while intoxicated, you can call the police or take him to the nearest police station yourself. Employees themselves have the right to deliver a person to a medical institution, where he will undergo a compulsory examination to further select the type of disciplinary sanction.

The employer has the right to invite a doctor to the territory of the organization to examine the employee.

Terms of disciplinary action

Punishment of the offending employee cannot occur later than 1 month from the moment when the manager became aware of the fact of the offense. True, if a person is on vacation, temporarily disabled, or the representative body did not have time to make a reasoned decision, the terms for imposing disciplinary liability (for all types) are extended until the person returns to work and the trade union issues an appropriate conclusion.

Disciplinary measures must not be taken later than 6 months from the date the offense was discovered. If an offense is detected during an audit, inspection by relevant authorities or an economic audit at an enterprise, the penalty is applied no later than 2 years. These deadlines cannot include the time when criminal proceedings took place regarding the employee’s violation of his duties.

Remember, only one type of disciplinary action can be imposed for each offense.

When choosing a penalty and issuing an order, the employer must familiarize the employee with it no later than 3 days from the date of signing the order.

If a year has passed since the application of the penalty, and the person is no longer and no other types of disciplinary sanctions have been applied to him, he no longer has “punishments”.

Removal of disciplinary action

Even before the end of the year, the employer can remove the penalty on its own initiative or at the request of the employee. It is worth remembering that punishment, from the point of view of the legislator, is a measure that has its own “validity” period. Therefore, the manager has the right not to wait a whole year, but based on the results of work and compliance with discipline, remove a specific type of disciplinary sanction from the employee. Who can become an initiator:

The employer and the immediate supervisor of the employee’s structural unit.
The employee himself, having submitted a petition to the manager.
Representative body.

The removal of the penalty must be formalized by an appropriate order. It is necessary to record the following information:

Personal data of the employee, position and affiliation with a specific structural unit.
The grounds that allowed the manager to decide to remove the applied type of disciplinary liability.
The date from which the penalty is considered lifted.

The employee gets acquainted with the order, leaving a personal signature.

Violation of the procedure for applying disciplinary sanctions

If an employee does not agree that disciplinary measures have been applied to him, he has the right to appeal to the labor commission, as well as to the court.

The audit will reveal that the employer intentionally or unknowingly violated the entire procedure for imposing a penalty - it is declared invalid! For example, if it is confirmed that a person was fired without sufficient grounds, he will need to be reinstated and compensated for all the time he was absent due to the fault of the employer.

Also, the head of an enterprise who unlawfully applied any type of disciplinary liability to an employee may be brought to administrative liability - in accordance with Part 1 of Art. 5.247 Code of Administrative Offenses of the Russian Federation. The sanction has already been applied, but the employer continues to violate the law - the employer’s liability for illegal disciplinary action comes under Part 4 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

All types of disciplinary sanctions are an effective tool in the hands of the employer. It will increase labor productivity and minimize disruption of internal routines. But it is worth remembering that if you do not follow the legal procedure for “punishing” an employee, you yourself may fall under administrative liability.