Time limit for disciplinary action

The head of an enterprise of any form of ownership has the right to apply a disciplinary sanction to his subordinate. Punishment comes as a result of non-fulfillment or gross violation of official duties.

The term for bringing to disciplinary responsibility is 1 month (from the date of discovery of the fact of misconduct), but no later than six months. If misdemeanors are revealed as a result of an audit, audits - the statute of limitations for bringing to disciplinary responsibility cannot exceed 2 years. During this period, the time of criminal proceedings for an offense cannot be counted.

The period for bringing an employee to disciplinary liability does not include the time during which the employee was ill, was on vacation, the period for which the representative body makes a reasoned decision.

New responsibility for violations in personal data.

Time limit for disciplinary action

The head is prohibited from imposing penalties on the employee that are not provided for by the Labor Code of the Russian Federation. Reprimand, dismissal, remark - possible punishments for misconduct. For some categories of employees, other penalties are also provided. This is reflected in laws, regulations and internal documents of enterprises. The term for bringing to disciplinary liability will be the same (1 month) regardless of the severity of the offense committed. At the same time, the degree of guilt determines the type of punishment chosen by the employer.

It is not possible to impose multiple disciplinary actions for the same offense. If the employee does not agree with the charges, he applies to the labor inspectorate or the court. At the same time, it is necessary to meet the statute of limitations for bringing an employee to disciplinary liability.

How to hold an employee accountable?

The algorithm for imposing penalties is enshrined in Art. 193 of the Labor Code of the Russian Federation. It is very important to clearly comply with all the requirements of the legislator, not to miss the deadlines for bringing to disciplinary responsibility, and also to properly formalize the actions of the head. In case of violation of the procedure for imposing a penalty, the liability is recognized by the court as illegal, and the punishment is canceled by a verdict.

How should the manager act in order not to miss the statute of limitations for bringing to disciplinary responsibility:

• Demand written explanations from your employee, where the person argues in detail for his misconduct. 2 working days are given for these clarifications. Please note that if in the future the employee wants to challenge the imposition of a penalty, the employer is obliged to prove that he required a written explanation. To avoid difficulties, you can send a letter to the employee demanding to explain why, for example, labor discipline was violated (by registered mail, or by hand against signature). Then you do not have to prove that the statute of limitations for bringing to disciplinary responsibility was missed.
• The employee refused written explanations (this is his legal right) - the head draws up an appropriate act, indicating all the facts of the incident. The act must be signed by several employees. In some cases, a memo (report) is prepared to the address of the head of the enterprise, which reports the fact of a violation. The statute of limitations for disciplinary liability can begin to be counted from the moment the manager receives the document.
• Violations were established during the audit, audit, audit analysis of economic activity - the day the fact of misconduct / violation was established should be considered the receipt by the head of the act from the inspection bodies. The term for bringing an employee to disciplinary responsibility is 1 month and is counted from the date of delivery of the act.

The situation will be different if the violation is revealed during an internal audit. To start calculating the statute of limitations for disciplinary liability, the immediate supervisor of the person who committed the offense must receive an act. It is from the moment of acquaintance with the document and confirmation of the committed violation that the period of 1 month is calculated. And it doesn’t matter when the act was handed over to the boss after an internal audit.

Order to impose a disciplinary sanction

After an explanation is requested from the employee in writing, an order is issued to bring to disciplinary responsibility, indicating the grounds for punishment. The legislator does not give a clear definition that the order must indicate the appropriate basis. However, Art. 192 of the Labor Code of the Russian Federation stipulated that non-performance or improper performance of duties by an employee can be considered a disciplinary offense. It is recommended in the order to make a reference to the document where the violation committed by the employee was recorded / confirmed.

If more than 6 months have passed since the misconduct, we can assume that the expiration of the period for bringing to disciplinary liability has been completed.

The corresponding order is announced to the employee (mandatory against signature) no later than 3 days from the date of its issuance. If the employee does not want to get acquainted with it, an act of refusal is drawn up.

Deadline for an employee to appeal a disciplinary sanction

From the beginning of the calculation of the period for bringing to disciplinary responsibility and familiarization with the order, the employee has the right to appeal against the decision of the employer. The application is submitted to the following authorities:

• Commission on labor disputes.
• Labour Inspectorate.

Note that the employee can appeal against the decision of the employer before the expiration of the period for bringing to disciplinary liability in such cases:

• The collection is issued without complying with the requirements of the legislator - inappropriately.
• Violated terms of bringing to disciplinary responsibility.
• If the employee was on vacation or sick during this period.
• The employee did not provide written explanations to the employer.
• If the penalty was imposed repeatedly for the same offense.

The limitation period for disciplinary liability (in the event of an appeal against the penalty) for an employee is 3 months. During this period, a person can apply to the commission for labor disputes or to the labor inspectorate. If the employee was dismissed, the appeal period will be 1 month. The relevant authorities consider the complaint, conduct an audit of personnel work at the enterprise. If it is established that the penalty was imposed in violation of the norms of the law, it is removed, and the person is considered to be one who does not have disciplinary sanctions.

Note that with the beginning of the period for bringing to disciplinary liability, the employee has the right to apply to the court.

In order for the court to cancel the penalty, the employee files a lawsuit at the location of the defendant (employer). For example, for reinstatement in the workplace or payment of wages for forced absenteeism, a claim must be filed with the district court. The application contains a link to the order to impose a penalty. The reason for the “punishment” is indicated, a copy of the order is attached to the claim. The employer does not have the right not to issue a copy of the order at the written request of the employee within 3 days.

It is necessary to observe the statute of limitations for disciplinary liability and give the court good reasons why the employee considers the decision of the head to be unlawful.

The employee also has the right to apply to the prosecutor's office if the employer grossly violates his rights. For example, does not pay wages for more than 14 days.

It must be remembered that the punishment for the employee should not contradict the current legislation. Be sure to inform the person about the identified violation and give him the opportunity to explain the reason for such behavior.

Disciplinary responsibility is a special type of legal liability, its application is always associated with the performance of labor or official duties. A feature of disciplinary responsibility is the application of penalties that make up 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 power of the employer in relation to the employee who has concluded an employment contract with him.

Disciplinary liability consists in the application by the authorized representative of the employer to the employee who has committed a disciplinary offense of the disciplinary sanctions established by law. Bringing an employee who has committed a disciplinary offense to disciplinary liability is the right of the authorized representative of the employer. Whereas an employee who has committed a disciplinary offense is obliged to endure the adverse consequences established in the legislation. 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 position of the employee in comparison with the law is improving. Therefore, such an exemption should be recognized as complying with 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 the authorized representative of the employer to apply to the employee who has committed a disciplinary offense the disciplinary measures provided for by law and in the duty of the employee who has committed the disciplinary offense, corresponding to this right, to undergo legislation adverse effects.

There are two types of disciplinary liability of employees. First, the general disciplinary responsibility of employees. General disciplinary responsibility applies to all employees without exception. General disciplinary responsibility comes according to the rules established in the Labor Code of the Russian Federation. The application of general disciplinary responsibility does not require proof of additional or special legally significant circumstances. In this connection, it is recognized as a general disciplinary responsibility.

Secondly, we can highlight the special disciplinary responsibility of employees, which exists along with the general disciplinary responsibility. At the same time, special disciplinary liability is applied only in cases where general disciplinary liability cannot be applied. Disciplinary responsibility is introduced by special legislation, in particular, charters and regulations on the discipline of employees. The application of disciplinary liability is always associated with proving additional, that is, special, legally significant circumstances. There are several types of legally significant circumstances that are subject to proof in the application of special disciplinary liability.

The first type of special legally significant circumstances to be proved when applying special disciplinary liability is the assignment of an employee to special subjects that 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 insofar as they do not contradict the special legislation on bringing this type of liability to justice.

Secondly, as a type of special legally significant circumstances to be proved when applying special disciplinary responsibility, one can single out the performance by an employee of special labor duties directly related to the life and health of people. These duties include the performance of work directly related to the movement of railway transport.

Thirdly, the circumstance, the proof of which allows us to conclude that special disciplinary liability is applied, is the presence of a special circle of persons or bodies with the right to bring to disciplinary liability. For example, bringing judges to disciplinary responsibility is carried out by qualification collegiums on the recommendation of the chairman of the corresponding court. The President of the Russian Federation may bring to disciplinary responsibility the heads of federal executive bodies.

Fourthly, a special type of circumstances, the proof of which allows us to conclude that special disciplinary liability is applied, is the presence of additional, that is, special, disciplinary sanctions applied to employees. For example, a special disciplinary sanction is the deprivation of the driver of the right to drive a locomotive for a period of three months to one year with the transfer with his consent to another job, release from his position related to the operational work of railways, with the provision, with the consent of the employee, by way of transfer of another work.

Fifth, the circumstances, the proof of which allows us to conclude that special disciplinary liability is applied, we should recognize the existence of additional opportunities for appealing disciplinary sanctions. In particular, in addition to the judicial procedure, there may be an out-of-court procedure for appealing disciplinary sanctions, for example, to a higher authority or 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 state organizations may appeal a disciplinary sanction to a higher official.

The proof of each type of the considered circumstances allows us to conclude that special disciplinary liability is applied to the employee. At the same time, when applying special disciplinary liability, circumstances that fall into various types can be proved. For example, judges belong to special subjects of disciplinary liability and appeal against special disciplinary liability in a special manner. Although the proof of a circumstance of one type allows us to conclude that special disciplinary liability is applied.

Thus, the general disciplinary responsibility differs from the special one by the proof of one or more types of circumstances considered. The proof of each of them can become the basis for recognizing special disciplinary responsibility. However, as a general rule, general disciplinary responsibility 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 disciplinary action

The main duties of an employee are to comply with the rules of conduct enshrined in the Labor Code of the Russian Federation, other laws, collective agreements, an employment contract, internal labor regulations, other local acts and conscientious performance of functional duties in accordance with the job description. Accordingly, failure to perform or improper performance of these duties is the basis for bringing the employee to disciplinary liability.

An employer can bring an employee to disciplinary liability only if he has created the appropriate conditions for the employee to observe labor discipline.

Thus, a prerequisite for disciplinary liability is the presence of the employee's fault. Therefore, it is impossible to raise the issue 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 prematurely interrupt his vacation at the request of the employer.

To protect the employee, the law established a clear procedure for bringing to disciplinary responsibility and a closed list of types of disciplinary sanctions.

Before applying a disciplinary sanction, the employer must obtain a written explanation from the employee. If the employee refuses to write, an act is drawn up in an arbitrary form. Refusal to give an explanation is not an obstacle to the application of a disciplinary sanction.

On the imposition of a disciplinary sanction, an order is issued signed by the head. The employee must be familiarized with the order against signature within 3 days from the date of its issuance. If the employee refuses to sign the specified order, an appropriate act is drawn up.

A disciplinary sanction is applied no later than one month from the day the misconduct was discovered. The specified period begins to run from the day when the person to whom the employee is subordinated by work (service) became aware of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions. This does not take into account 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 absence of an employee from work for other reasons, including in connection with the use of days off, does not interrupt the course of the specified period. All holidays provided by the employer in accordance with the current legislation, including annual (basic and additional) holidays, holidays in connection with studying at educational institutions, holidays without pay should be classified as leave interrupting the course of a month.

In addition, a disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, financial and economic activity or an audit, no later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied. As measures of disciplinary action, the Labor Code calls:

Comment;

Rebuke;

Dismissal.

Only their employer can apply them to the employee, taking into account the severity of the misconduct committed, the circumstances under which it was committed, the previous behavior of the employee, his attitude to work.

Bringing an employee to disciplinary responsibility (announcement of a remark or reprimand): an approximate step-by-step procedure

BRINGING TO DISCIPLINARY RESPONSIBILITY (ANNOUNCATION OR REVIEW):
STEP-BY-STEP PROCEDURE

130 step-by-step instructions for HR >>

2. Requesting a written explanation from the employee regarding non-performance or improper performance of labor duties.

The employer prepares a notice of the need to provide a written explanation of the misconduct. The notification is prepared in two copies (one for each of the parties), registered in the manner prescribed by the employer, for example, in the register of notifications and offers to employees. The employer gives one copy of the notice to the employee. On the second copy of the notice (employer's copy), the employee writes that he has read the notice, received one copy, puts the date of receipt, signs.

If the employee provides a written explanation, then it is considered by the employer and registered in the manner prescribed by the employer in the relevant registration log.

If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up. If the employer has a procedure for registering acts in a special journal, then the signed act must be registered in such a journal.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

3. Accounting for all circumstances of committing disciplinemisdemeanor:

The guilt of the employee in committing a misdemeanor;

The severity of the offense;

the circumstances under which it was committed;

the reasons for the misconduct committed by the employee;

The previous behavior of the employee;

Attitude towards work.

If the employer decides not to apply a disciplinary sanction, then the procedure is terminated.

If the employer decides to impose a disciplinary sanction in the form of a remark or reprimand, then proceed to the next step.

4. Checking the deadlines set for the application of disciplinary sanctions.

6. Registration of an order (instruction) on the application of a disciplinary sanction in the form of a remark or reprimand in the manner prescribed by the employer, for example, in the relevant log of orders (instructions).

7. Familiarization with the order (order) employee signed.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, 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 an appropriate act is drawn up (part 6 of article 193 of the Labor Code of the Russian Federation). The act is registered in the manner prescribed by the employer in the appropriate registration log.

According to part 4 of Art. 66 of the Labor Code of the Russian Federation, information on penalties is not entered in the work book, except in cases where dismissal is a disciplinary sanction.

Journal of registration of acts. Sample form >>

If the employee refuses to receive the notification, read it, put his signature, it is recommended to draw up an appropriate act, which is certified by the signatures of the compiler and the employees who were present at the refusal, and send the notification to the employee's home address by letter with the notification and description of the attachment. The act is registered in the manner prescribed by the employer in the appropriate registration log.

Labor discipline. Grounds and procedure for bringing to disciplinary responsibility.

Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, local regulations, an employment contract. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

In most cases, the labor schedule is determined by the internal labor regulations, which are approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of the Labor Code of the Russian Federation. For certain categories of workers (workers in the nuclear power industry, railway transport, etc.), the charters and regulations on discipline established by federal laws apply.

Each manager must be fluent in such methods of ensuring labor discipline as persuasion, encouragement, and coercion. The employer encourages employees who conscientiously fulfill their labor duties: announces gratitude, issues a bonus, awards them with a valuable gift, a certificate of honor, presents them to 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 regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards.

The basis for bringing an employee to disciplinary responsibility is the commission of a disciplinary offense. A disciplinary offense is understood as non-fulfillment or improper fulfillment 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). The labor duties of an employee are enshrined in legislation, an employment contract, internal labor regulations, job descriptions and other local acts. Disciplinary offenses, for example, include the absence of an employee without good reason at work or workplace, the refusal of an employee to undergo special training during working hours and pass exams on labor protection, safety precautions and operating rules, if this is a prerequisite for admission to work and etc.

As a general rule, the application of a disciplinary sanction is the right, and 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 may be subject to only those three penalties that are defined by Article 192 of the Labor Code of the Russian Federation. In addition to them, certain groups of employees may be subject to penalties provided for by federal laws, charters and regulations on discipline. The application of other disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not allowed.

As the results of a study by the National Union of Personnel Officers (NSC) show, many Russian employers, not believing in the effectiveness of remarks and reprimands and trying to avoid the “paper” procedure, prefer to punish their employees with a ruble, that is, they use a system of fines. Since such a disciplinary sanction as a fine is not provided for by the current legislation, the employer is not entitled to apply it to violators of labor discipline. This position is confirmed by judicial practice. At the same time, it should be noted that if local regulations provide for compliance with labor discipline as a condition for bonuses, then the employer has the right to deprive an employee who has a disciplinary sanction.

The procedure for bringing an employee to disciplinary responsibility is established by Art. 193 of the Labor Code of the Russian Federation. The employer, before applying this or that disciplinary sanction, must request a written explanation from the employee. If after two working days the specified explanation is not provided, then an appropriate act is drawn up. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

For each disciplinary offense, the employer can apply only one disciplinary sanction. When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

A disciplinary sanction 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 of discovery of the misdemeanor, from which the period of one month begins, is considered the day when the person to whom the employee is subordinate at work (service) became aware of the misconduct whether or not it has the right to impose disciplinary sanctions. A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings. Thus, the legislation clearly establishes the time limits during which it is possible to bring an employee to disciplinary responsibility. The imposition of a disciplinary sanction after the expiration of these terms is illegal.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, 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 an appropriate act is drawn up.

A disciplinary sanction may 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 subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.

The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

About what term for bringing to disciplinary responsibility is applicable for what violation of the order, says the Labor Code of our state. The most relevant aspects of the legislation related to this issue were established back in 2006, and since then no significant changes have been made. At the same time, practice shows that the calculation of the term for bringing to disciplinary responsibility under the Labor Code of the Russian Federation raises doubts and difficulties for many. The situation in some cases becomes so complicated that the conflict passes into the walls of the court, where the applicability of one or another norm of disciplinary action is decided.

Question Features

Most often, difficulties arise with the employer, whose employee has committed a misconduct. It is not always clear how long the terms for bringing to disciplinary liability under the Labor Code are, how much time an entrepreneur has to punish an employee, and how this can be done. Not everyone knows whether it is necessary to require an explanation from the employee if it was decided to apply punitive measures.

The law stipulates some specific requirements that apply to the document flow accompanying the imposition of punishment and compliance with the deadline for bringing an employee to disciplinary responsibility. If you turn to the judge in a situation where the case was drawn up incorrectly, you can hardly count on the outcome of the consideration in your favor, so it is important to take all the points responsibly and arrange everything according to the rules.

Basic Rules

At present, the specifics, the terms for bringing to disciplinary responsibility are determined by articles of the Labor Code under numbers 192, 193. It is here that it is indicated that failure to fulfill the obligations assigned to the employee or the performance of inadequate quality may be grounds for applying a penalty. An important caveat is the need to prove that the fault for the misconduct lies with the employee himself. In order to punish a person, it is necessary not only to meet the deadline for bringing to disciplinary responsibility, but also to resort only to measures permitted by law. These include reprimand, remark, dismissal, if there are grounds for this that comply with the standards of current laws.

A special case

What to do if the employer is interested in the term for bringing military personnel to disciplinary responsibility? For certain special categories of citizens, specific laws have been introduced that regulate the features of interaction with them. In addition to the military, this applies to police officers, people holding positions in state institutions, as well as employees of legal organizations. The specifics of the penalty and the setting of deadlines for bringing to disciplinary responsibility were assigned to specialized federal laws. Also, the statutes of organizations, disciplinary provisions adopted in a particular place and applying to strictly specified categories of workers also play a role.

At present, it is unacceptable to choose such a term for bringing a police officer to disciplinary responsibility, which is not specified in the Labor Code, other legal regulations, but only introduced at the initiative, for example, of the immediate superior. In the first place should be compliance with legal norms and regulations.

Features and limitations

It is important not only to observe the term for bringing to disciplinary responsibility, but also a number of specific points stipulated in the laws. In particular, if one deviation from the rules is revealed, the offending person can be punished once for this. It is unacceptable to re-impose a penalty for the same offense. When choosing a punishment, the head of the enterprise should pay special attention to how serious the offense was committed, as well as the circumstances that forced the employee to do so. In practice, there are many cases when, after a detailed examination of the specifics of the case, it was decided to completely abandon the prosecution.

When observing the deadlines for bringing a lawyer to disciplinary responsibility, you need to remember that an employee (however, this is true for any area where the employee works) can send a request for appeal. The application is written to the state authority responsible for labor protection. You can turn to those bodies that individually deal with the consideration of labor conflicts.

Complying with the regulations

The current legislation establishes that the statute of limitations for bringing to disciplinary liability is one month. The countdown starts from the day when the fact of committing a misdemeanor was revealed. If the employee was sick or on vacation, this time period is not taken into account. It is also necessary to subtract the time that a representative body of workers needs to make an informed decision on a conflict situation.

Certain restrictions are also imposed on the situation when the commission of an act contrary to the rules was discovered too late. By law, the statute of limitations for disciplinary action is six months from the moment the event occurred. At the same time, special requirements apply to the situation when a violation of the rules was revealed during a large-scale audit, inventory or during the study of economic activities by auditors. In this case, the term for bringing civil servants to disciplinary responsibility is two years from the moment the event occurred. The interval required for criminal proceedings, if any, is not taken into account when calculating the final day when the statutory period expires.

Features of the calculation of terms

As established in the decision of the Supreme Court, issued in 2004, the term for bringing civil servants and employees of private companies to disciplinary responsibility begins on the day when the fact of committing an offense was revealed. From this moment, the month begins to count. At the same time, information about the commission of an act contrary to the established rules must officially reach the immediate superior, to whom the delinquent employee is subordinate. Even if such an official, due to the peculiarities of his employment, does not have the opportunity to impose disciplinary sanctions, the countdown of the time period starts at this very moment.

At the same time, the resolution contains a clarification regarding the impossibility to take into account in this month the periods that the employee spent on sick leave. But absence for other reasons (for example, time off) is not required to be taken into account. There is no need for a special approach to calculating deadlines in a situation where an employee works on a rotational basis.

What about vacation?

As stated in the documentation issued by the Supreme Court, if the employee is on paid leave provided by the employer on grounds that are fully consistent with the current law, such a time period interrupts the one-month period provided for issuing a penalty for a discovered violation of discipline. Also, the gap is interrupted if the employee is on another vacation, laid down for him by our laws. This includes vacations associated with studying at a specialized institution, as well as time intervals that the employer provides to the employee without keeping him paid for this time. If the employee received additional leave, the monthly period is extended by this time period.

Features of the question

If the fact of a disciplinary offense is revealed, it must be immediately recorded officially in writing. Usually, an act of the established form is formed within the organization, which is signed by several employees of the company at once. Sometimes it is additionally necessary to prepare a memorandum, a memo and send it to the head of the enterprise in order to inform him of the fact that has occurred.

All documentation, as soon as it is ready, is sent for resolution to the chief manager of the company. The month begins to count from the moment the manager has access to the documentation. He has the right to choose and apply a penalty within a specified period, taking into account the specifics of the situation.

Checks and collections

Quite often, the fact of violation of discipline can be revealed by a large-scale inspection conducted at the enterprise. In some cases, this is an internal check, but practice shows that more often it is initiated by external structures. These may be government agencies with appropriate powers responsible for supervision and control. If the audit reveals the fact that a violation was committed by some employee of the company, then the period begins to count from the moment when the company received an act registering all the results of the event.

But if a violation of the rules was revealed during an internal audit, then they act in a slightly different way. It is customary to start counting the monthly period from the moment when an act was drawn up based on the results of the inspection, which officially documented the results obtained. It does not matter on what day the documentation was submitted for consideration to the head of the organization, since the key date is the date of familiarization of the immediate supervisor of the employee who committed the misconduct. This point often causes some controversy, but numerous court cases in which the object of the proceedings was precisely this, fully confirm the correctness of the interpretation of the decision of the Supreme Court in the manner described.

Important Points

Often, the audit is organized in such a way that to record each individual violation of discipline within the enterprise, an internal document is issued, an act that is signed by the employees of the organization. You can also create an action statement. The date from which the monthly countdown begins is the day when the documentation was received directly by the head of the employee who committed the violation of the rules.

Numerous examples of such an approach to calculating terms are known from the judicial practice of our country, and in various regions of the country.

I'm not guilty!

The legislation establishes that before imposing a punishment, upon discovering the fact of a crime of discipline, you must first require the employee to write an explanatory note, and only after that apply any penalties. The employee writes such a document in writing, it is registered according to the rules of internal document management. If an employee refuses to provide an explanation, this cannot be an obstacle to the application of a disciplinary action. The employee has two days to formulate a written explanation. If during this period no documentation has been sent to the manager, the employees of the enterprise sign an act confirming this fact.

If an employee refuses to write an explanatory note, the fact of waiting for two days still remains mandatory by law - the requirement is indicated in the regulations of our country. If the employer refuses to comply with this time period and tries to impose a penalty on the employee before the deadline, the very fact of imposing a penalty becomes illegal, and the employee has full grounds for filing an appeal with a special instance for protecting the interests of workers.

Deadlines are on!

Two days, which are prescribed by law, is the period for which an employee can formulate an explanation for the offense committed and convey circumstances that may improve his situation to some extent. Everyone has the right to refuse to provide an explanation, at the same time, in these two days, you can change your mind. In some cases, the result of the penalty may even be the dismissal of the employee. If the employee has submitted in writing an explanation of the reasons for the violation of the rules, this does not negate the possibility of applying to him the most severe form of punishment, that is, dismissal. At the same time, refusal to provide does not become a reason for toughening the punishment. It is important to remember that the violation of discipline and the penalties imposed for this should be reasonably correlated with each other.

Make everything according to the rules

When the employer asked the employee for an explanatory note on the discovered fact of violation of discipline, it is necessary to prepare a draft order. After two days, provided for reflection by the employee, you can sign an official paper. The signature is put by the person who is currently entrusted with the authority of the head of the organization. The order must specify in detail all the grounds that provoked the corresponding decision.

The order is issued only when the fact of violation of discipline can be confirmed. The basis for the document may be links to documentation, the study of which revealed errors that caused the imposition of a penalty.