Order of disciplinary action. Sample form for 2021

Sample order to impose a disciplinary sanction

On the application of disciplinary sanctions in the form of a reprimand

In connection with the violation by the storekeeper Kirillov K.K.
paragraphs 3.1 and 3.3 of job description No. 4, approved by order of the General Director of Time LLC dated 08/11/17 No. 32, expressed in failure to fulfill the instructions of the immediate supervisor to receive, sort and place products in the warehouse 5 I ORDER: 1. Apply to Kirillov Kirill Kirilovich received a disciplinary sanction in the form of a reprimand. 2. Head of the HR Department S.S. Sidorov introduce Kirillov K.K. against signature with this order.

Reasons: - memorandum from the head of the finished products department Ivanov I.I. dated 07/07/2018; — act of non-fulfillment of labor duties without good reason dated 07/07/2018 No. 2; -request for explanation dated July 7, 2018 No. 1; — act on the absence of written explanations dated July 10, 2018 No. 3.

General Director Petrov P.P.

The following have been familiarized with the order:

storekeeper Kirillov K.K. Head of HR Department Sidorov S.S.

Types of penalties

For violations committed by an employee, the employer applies certain types of penalties. The list of penalties included in the Labor Code of the Russian Federation is limited to the following options:

Comment.
Rebuke.
Dismissal.

The legislator established in the Labor Code of the Russian Federation strictly defined wording of orders for collection, which are used by employers in local administrative acts when punishing for violations (Article 192 of the Labor Code of the Russian Federation).

For certain categories of employees, other penalties are provided for in federal laws, charters, and regulations (Part 5 of Article 189, Part 2 of Article 192 of the Labor Code of the Russian Federation). It is prohibited to apply punishments not established in these acts. If the norm is violated, the employer is liable under Art. 5. 27 Code of Administrative Offenses of the Russian Federation.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The sequence of application of types of punishments is not defined, that is, they are applied not only in the order in which they are listed in the Labor Code of the Russian Federation. The employer determines the type of penalty based on the severity of the offense.

This means that the employee has the opportunity to receive an immediate reprimand. When determining the type of penalty, the employer takes into account the severity of the violation, the reasons and circumstances of its commission (Part.

5 tbsp. 192 of the Labor Code of the Russian Federation).

Punishments for disciplinary offenses in the form of a fine or deduction from wages are not provided for by law; therefore, they are not applied to the employee.

Order to impose disciplinary liability

For committing a disciplinary offense, namely: admission of workers to the construction site on October 12, 2021 in the absence of protective devices and without the use of personal protective equipment by workers

I ORDER:

1. Reprimand the head of the site, Pavel Potapovich Potapov.

Reason: order of occupational safety specialist Ivanov I.I. dated October 12, 2021, explanatory note from the head of the section Pavlov P.P.. dated October 12, 2021, clause 5.3 of the job description of the head of the section, clause 26 of the Labor Safety Instruction OT-116/02.

General Director Sidorov S.S.

Order on application of disciplinary sanction

In connection with the established fact of making an incorrect entry about a transfer to another job in the work book of leading engineer Petrov P.P.

I ORDER: 1. Announce to the inspector of the personnel department Ivanova M.I. rebuke. 2. Head of the HR Department Mikhailova M.M. ensure that leading engineer P.P. Petrov is included in the work book. correct entry, recognizing the previously made entry on transfer to another job as invalid in the manner established by regulatory legal acts. 3. Secretary-clerk Kuznetsova K.K. familiarize with this order the inspector of the HR department Ivanova M.I., the head of the HR department Mikhailova M.M., the leading engineer Petrov P.P. under personal signature no later than one business day from the date of publication of this order. 4. I reserve control over the execution of this order. Reason: memorandum by leading engineer Petrov P.P. dated 07.11.2018, presentation by the head of the HR department M.M. Mikhailova. dated 07.11.2018 on the imposition of a disciplinary sanction, written explanation from the inspector of the HR department Ivanova I.I. from 07.11.2018.

General Director V.V. Vasiliev

The following have been familiarized with this order:

HR Department Inspector I.I. Ivanova

Head of HR Department Mikhailova M.M.

Leading engineer Petrov P.P.

Collection procedure

In accordance with the provisions of Article 193 of the Labor Code of the Russian Federation, before issuing an order imposing punishment, written documentation of the grounds for its issuance is required. To this end:

The violator's immediate supervisor must demand from him an explanation of the reasons for the action. The explanatory statement must be presented in writing;
If an employee refuses to write an explanatory document, at the end of two working days from the moment the boss contacts him, a report on this fact is drawn up. Lack of explanation is not a reason to cancel the punishment;
after considering the employee’s explanation (if any), the manager renders his verdict in a memo sent to the superior manager;
An order is issued based on the documents presented. This must happen within a period not exceeding one month from the date of the violation. The time an employee is on sick leave, on vacation, as well as the period of time required for consideration of the issue by the body representing the interests of the employee is not included in this period.
When serious disciplinary violations are committed, a special commission is created to conduct an internal investigation in order to objectively assess the severity of their consequences. The need for an investigation necessarily arises in the presence of accidents that occurred due to the fault of the employee. In this situation, the head of the enterprise can, and sometimes is obliged, to transfer the investigation materials to law enforcement agencies. In this case, the period for applying the penalty cannot exceed 6 months from the moment the act was committed, and in the case of an investigation of unlawful actions in the financial and economic spheres, it should not exceed two years, since the period for investigating a criminal case is excluded.
The order imposing a penalty must be presented to the employee so that he can familiarize himself with it against signature. The period for familiarization with the order is 3 days from the date of its issue.
If he does not agree with the contents of the presented document and refuses to sign it, the executor is obliged to record the refusal to sign in the form of an act.

Order of disciplinary action

Because. that on the night of March 12-13, 2021, watchman S.S. Sidorov was absent from duty without good reason for an hour, from 23:00 to 24:00. and on the basis of Article 192 of the Labor Code of the Russian Federation

I ORDER: 1. For violation of labor discipline, reprimand S.S. Sidorov. 2. Responsible for personnel records A.A. Andreeva to familiarize S.S. with this order. Sidorov signed. Reasons: memo from the head of the security service dated March 14, 2018, explanatory note from S.S. Sidorov dated March 14, 2018. Director Petrov P.P. S.S. was familiarized with the order. Sidorov

Rules for placing an order

The order can be drawn up in different versions: both in handwritten format and in printed form, both on a simple A4 sheet and on the company’s letterhead. However, he must have the original autograph of the director of the company or a person authorized to sign such papers. It is not necessary to endorse it using a seal, since it relates to the internal administrative documentation of the company; moreover, since 2016, legal entities are exempt from the need to certify their documentation using seals and stamps.

Order to lift disciplinary sanctions and financial penalties

Based on the petition of the chief engineer of Planeta LLC, Nikolaev N.N. dated 07/07/2018, taking into account the conscientious performance of his official duties by S.S. Sergeev. and guided by Art. 194 Labor Code of the Russian Federation

I ORDER: 1. To remove the disciplinary sanction in the form of a reprimand, previously imposed by Order No. 352k on 02/03/2018, from Sergey Sergeev, head of the repair area. 2. Remove the measure of material impact in the form of non-payment of remuneration based on the results of work for 2021. from Sergeev S.S. previously imposed by Order No. 352k 02/03/2018, personnel number 689. 3. The clerk of the HR department of Planet LLC, within one working day, prepare a copy of the order and send it to the HR department, accounting department. 4. To inform the chief engineer of Planeta LLC to Sergeev S.S. with this order within three working days against signature and send a copy of the order with a receipt for familiarization to the personnel department.

Deputy Director for Personnel K.K. Alekseev

What is it permissible to punish an employee for?

When carrying out the collection procedure, you should remember the following rules:

The measure is fair.
The sanction is an employer's right, not an obligation.
For one offense they are punished only once (Part 5 of Article 193 of the Labor Code of the Russian Federation).
Punishments that are not provided for by law cannot be applied (Part 4 of Article 192 of the Labor Code of the Russian Federation).
The type of sanctions is determined taking into account all the circumstances and the severity of the offense.
Punishment in the form of withholding funds is unacceptable.
Punishment is applied no later than one month from the date of discovery of the offense.
There is no template defined at the legislative level on how to write an order for disciplinary action; accordingly, the template adopted by the organization is used.

The employer punishes the employee for misconduct of a disciplinary nature, that is, failure to perform, improper performance of functional duties by the employee through the fault of the latter (Part 1 of Article 192 of the Labor Code of the Russian Federation).

The rights and obligations of the employee are established in Art. 21 Labor Code of the Russian Federation, including:

conscientious performance of labor functions;
compliance with labor regulations and labor discipline.

Rules for employees are determined in local acts of the enterprise (Articles 8, 22, 189 of the Labor Code of the Russian Federation).

Employees are introduced to these documents against their signature. The Plenum of the Armed Forces of the Russian Federation in Resolution No. 2 of March 17, 2004 explained that failure by an employee to comply with the requirements of labor legislation, the provisions of the labor agreement, PVTR, job instructions, and orders of the institution is a disciplinary offense for which punishment is imposed.

Order on early removal of disciplinary sanction

Based on the petition of the head of the marketing department, Sidorenko V.V. from 12/17/2018

I ORDER: 1. Order No. 96-k dated October 24, 2018 on the announcement to marketer Konstantinov K.K. notices for absence from work for 5 hours in a row are cancelled. 2. Consider Konstantinov K.K. without disciplinary action. 3. With this order of Konstantinov K.K. acquainted with signature. Reason: petition from the head of the marketing department V.V. Sidorenko. from 12/17/2018

General Director Nikolaev N.N.

The order has been reviewed by: marketing specialist Konstantinov K.K.

How to correctly draw up an order for violation of labor discipline

In an order to impose a penalty such as a reprimand on an employee, it is advisable to indicate:

date and place of drawing up the order;
name of the employing company;
number, name of the document (“Order No. ... on reprimand”);
a text block reflecting the essence of the employee’s violation of labor duties;
a resolute text block in the first person (“I order...”);
list of attached documents - if any.

Find out what nuances need to be taken into account when drawing up a reprimand order so that the employee cannot challenge the punishment in court. If you do not have access to the K+ system, get a trial online access for free.

Order on administrative punishment

From 03/25/2019 No. 55-k

On administrative punishment of an employee

Ivan Antonovich Antonov, operator of computer-controlled machines in the mechanical section, was absent from the workplace from March 11 to March 22, 2021, without providing supporting documents.

I ORDER:

For absence from the workplace during working hours without good reason, Ivan Antonovich Antonov shall consider the days from March 11 to March 22, 2021 as absenteeism.
Deprive Antonov I.A. based on the results of work in March of this year. variable part of salary by 100%.
Antonov I.A. for violation of internal labor regulations, expressed in absence from the workplace during working hours without good reason, issue a reprimand.
The annual leave planned from 07/08/2019 to 08/04/2019 will be postponed to the period from 11/04/2019. until 02.12.2019

Base:

— Memo from HR specialist Kovaleva M.S. from 03/25/2019

— Act on the absence of an employee from the workplace dated March 22, 2019 No. 39;

— Explanatory note by Antonov I.A. dated March 25, 2019

Director N.N. Nikolaev

Reviewed by: Antonov I.A.

Basis for the order

Absolutely any order drawn up on behalf of the company’s management must have a written basis. In most cases, this is

a memorandum or memo from the head of the structural unit in which the offending employee works,
as well as an act recording the offense and an explanatory note.

Without these papers, the document will not be considered justified and in which case it will be very easy to refute it; moreover, for the lack of a basis for writing the order, and therefore the penalty itself, the employer may be subject to administrative punishment.