There is no unified, specially developed sample order for disciplinary action. Organizations can independently develop an order template or write it in free form. To write an order, you can use the organization’s letterhead or a regular A4 sheet. The law allows the writing of a disciplinary order either by hand or in printed form, but the original signatures of the director of the organization, as well as the offending employee, must be present on it.
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Before placing an order
Before issuing an order to impose a penalty, it is necessary for the offending employee to give written explanations, which should be considered by his immediate supervisor. The results of the review are included in a report, which the head of the unit passes on to higher authorities. If an employee refuses to give an explanation, this must be included in a special act.
In cases where a disciplinary violation led to injuries, accidents, etc. consequences, the organization should create a special commission to investigate the incident, since in some situations this offense may be recognized as a crime and serve as the basis for initiating a criminal case. The results of the inspection must also be reflected in the relevant act.
Thus, before writing an order for disciplinary action, it is necessary to prepare three main documents that will serve as the basis for issuing the order: an explanatory statement from the employee, a memorandum from his immediate superior and an act on the identification of the violation.
How to issue a disciplinary order
The law does not establish a uniform form for an employer’s order to impose disciplinary liability. In contrast to the grounds for applying penalties in labor activity. And the procedure for bringing to justice.
The employee has the right to challenge the issued order for disciplinary action. He can file a complaint with the labor inspectorate. Or he can file a claim in court for disciplinary action. Therefore, when creating an order for disciplinary action, make sure there are legal grounds.
The employee responsible for working with personnel must draw up documents that would confirm the fact of violation of labor discipline or labor regulations. And prepare written evidence that the employee knew these rules. This may be a clause in the employment contract. A sheet of familiarization with the Internal Labor Regulations or other document that the employee violated. If the employee’s obligation is not documented, the chance of cancellation of the penalty is quite high.
The employer may impose penalties on some employees for immoral misconduct. Basically, these are people who carry out the educational function (teachers, educators). But written evidence of misconduct is required.
How to place an order correctly
The order on the responsible person has a completely standard structure. It must contain information about the legal entity in which the employee who was subject to the penalty works and his personal data. It should also indicate the reason for the penalty, indicate the punishment, and provide links to the documents that served as the basis for the issuance of this document.
The legislation establishes three options for penalties:
- dismissal;
- disciplinary reprimand;
- Just a simple note.
Any other methods of collection will be unlawful. The form of punishment is determined by the head of the organization, depending on the employee’s explanations and the severity of his offense.
It is also important to remember that only one type of penalty can be imposed for one violation.
Contents and issuance of a disciplinary sanction order
The document is drawn up indicating the publication date and its number. The following information is required:
- employer (name, possibly TIN, OGRN)
- title – DISCIPLINARY ORDER
- last name, first name, patronymic, employee position
- circumstances of the offense: what exactly the employee violated, what acts provide for the corresponding obligation, the employee’s guilt, good reasons
- application of punishment, choice of punishment
- order to familiarize the employee with the order issued against him
- control over execution (you can - “I entrust it to myself”)
- date and signature
- familiarization column. The person against whom the employer applied the penalty, and all those to whom the instruction was given (to familiarize, control, etc.).
Within 3 working days (excluding the time when the employee is absent), the order for disciplinary action is brought to the attention of the employee.
Instructions for writing a disciplinary order
- At the beginning of the document, the full name of the legal entity is written, indicating its organizational and legal form (CJSC, OJSC, LLC, individual entrepreneur). Then the word “Order” is written, its number according to internal document flow is indicated and the essence of the document is briefly indicated.
- In the line below you should enter the locality in which the organization is located, as well as the date the order was filled out (day, month (in words), year).
- Next, you need to provide detailed information about the essence of the claim against the employee, in other words, the reason for imposing the penalty. Here you should enter his last name and first name. patronymic (first name and patronymic can be in the form of initials), date of the identified violation.
- After this, you need to enter the word “I order” and enter the appropriate order (to reprimand, make a reprimand or dismiss the employee). Below are the reasons for issuing the order (memorandum, explanatory note, act, etc.).
- Finally, the order must be signed by the management team: the director of the enterprise, the head of the structural unit, the person responsible for personnel. The offending employee must also sign the order.
If desired, the order can be certified with a seal, but starting from 2021, legal entities do not have to have a seal. If the enterprise has a trade union body, then it must also be marked.
Choosing a penalty when preparing a disciplinary order
For one offense, only one type of penalty can be applied. This is a reprimand, reprimand or dismissal. Special regulations (legislative, not local) may establish other types of penalties. And, of course, the employer chooses the type.
If it is decided to apply dismissal, then there must be an appropriate basis (Article 81 of the Labor Code of the Russian Federation). Then you can only issue an order for dismissal from work. In court cases regarding claims for reinstatement, this document and the grounds for its issuance will be sufficient to substantiate the legal position.
A pregnant woman cannot be fired for committing a disciplinary offense.
The employer MUST request an explanation from the employee before issuing an order for disciplinary action. And the extent of his guilt and the presence of circumstances indicating its absence should be assessed.
The employer is obliged to familiarize the employee with the order. A signature is taken from the employee as evidence of familiarization, and if the employee refuses, a certificate of refusal to sign is drawn up.
Order on disciplinary action based on the results of an inspection by the prosecutor's office
The employer has the right to apply one of the disciplinary measures to the employee for committing guilty actions: reprimand, reprimand or dismissal on the appropriate grounds (Part 1 of Article 192 of the Labor Code of the Russian Federation). At the same time, only one punishment can be imposed for one disciplinary offense (Part 5 of Article 193 of the Labor Code of the Russian Federation). If each point of the inspection report, i.e. these three violations of labor legislation, arose as a result of different disciplinary offenses, then one disciplinary sanction can be applied for each disciplinary offense.
Order on disciplinary action against an accountant after an audit
Those things that seem obvious today may be difficult to explain over time, and any leader who has made such a decision must always be ready to defend his opinion in any authority. No documents provide for its exact form, however, it should be borne in mind that the Order must contain all the facts relating to the offense committed, indicating the violated regulations and the legal justification for the punishment. The name of the order can be laconic - “about the punishment of such and such” or talk about the fact of a violation, especially when several workers are subject to penalties at once, for example, “On the disruption of installation work in ASB-1 and the punishment of those responsible.” The descriptive, ascertainment part sets out in detail the fact of the violation with a determination of the personal guilt of each person involved.
Sample order
Sample of filling out an order for a disciplinary sanction Filling out an order for a disciplinary sanction Procedure If an employee commits an offense that provides for disciplinary liability, the head of the organization must first take care of drawing up a document recording the violation. For these purposes, you can use a report, data received from the checkpoint, and other papers that can serve as confirmation of the offense committed. For example, in order to draw up an act on the absence of an employee from the workplace, witnesses are needed who will sign the prepared document, which will serve as confirmation of the fact of violation of labor discipline. The supervisor should then require the employee to provide him with an explanation in writing.
Document drafting scheme
So, how to correctly issue an order of this type? An approximate example of drawing up an order is as follows.
There is a corresponding form in front of you. Let's start filling it out:
- at the very top of the document the name of the organization is indicated;
- then lower down, on the right, the document number and date are written down (as, in principle, in any standard document, the output of which must be endorsed);
- even lower, already in the center, the name of the document itself is written. Here we note that you can write “instruction” instead of the word “order” (this varies);
- then an indentation is made and the last name, first name, and patronymic of the punished employee are indicated. Along with this, his personnel number (of course, if there is one), the department or division in which the employee works is indicated. The immediate supervisor of this unit (for example, a site foreman) may also be indicated. The name of the position of the offender, his professional rank (if any), category (if any) are written down;
- then the main thing is stated, expressed in the following phrase: “For systematic violation of the organization’s labor regulations.” Of course, this phrase can be recorded in other variations, but this is a standard type of indicating the main purpose of the document;
- then you can indicate the motive for the punishment;
- in addition, the type of punishment is further recorded;
- in the part preceding the final part, the basis for issuing this order is written (for example, memos from the immediate supervisor of the offending employee indicating the relevant numbers and dates; necessary excerpts from the key document, which in this case, of course, is the Labor Code of the Russian Federation);
- The order is “crowned” by the visa of the head of the organization (with the full name of the position), and the signature of the punished employee himself (it is placed under the following phrase: “I have read the order”) and the corresponding date are also required.
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Every adult has gone to work at least once in their life. Everything begins pleasantly: agreements, obligations, hopes. But anything can happen: sometimes an employee violates his production duties, intentionally or out of ignorance. And then responsibility comes. Disciplinary action: types, grounds Disciplinary measures are applied to an employee for failure to comply with employment agreements and assumed obligations regarding the work schedule, compliance with management orders, compliance with labor safety standards and other nuances of labor relations recognized by law as mandatory. The employer can only choose disciplinary sanctions from the list provided by the Labor Code, and for certain categories of employees - by disciplinary regulations: it is prohibited to invent sanctions on your own. This can happen in the following cases:
- if the employer himself has expressed a desire to reduce the sentence;
- if the employee submitted an application and it was satisfied by the employer;
- if a request was received from the manager of this employee;
- if the request was sent from one of the representative bodies, in particular a trade union.
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In order to release an employee from disciplinary action before the deadline established by law, a corresponding order is usually issued. Each employee should strive to minimize the likelihood of receiving a disciplinary sanction, for which it is enough to simply observe labor discipline and conscientiously perform their duties. Disciplinary sanctions include reprimand, dismissal and some other, less popular in practice, types of sanctions.
To print this document, the company’s letterhead is used, and it must also be registered in a special journal. Sample order for disciplinary action: ORDER November 22, 2016 St. Petersburg In connection with the improper performance by the warehouse manager Kirilenko Maxim Sergeevich of the labor duties that were assigned to him in accordance with employment contract No. 12 dated 04.08. 2015 and the job description of the warehouse manager dated February 15, 2013, which resulted in untimely shipment of goods to the customer, I ORDER: Reprimand the warehouse manager Maxim Sergeevich Kiriyenko. Base:
- Memorandum from the head of the logistics department, Spiridonov A.N. dated 11/15/2016.
- Report on the commission of a disciplinary offense by an employee No. 37 dated November 19, 2016.
- Explanatory note from the employee dated November 16, 2016.
Director of Logistic Enterprise LLC Nikitenko L.P.
We draw up an order on disciplinary liability in the form of a comment
An order to bring an employee to disciplinary liability in the form of a remark must contain the following information:
- Introductory part:
- the name of the enterprise whose director issues the order;
- date and number;
- document's name.
- the reasons that served as the basis for imposing a penalty.
- the employer’s will to announce a reprimand to the employee;
- Full name of such employee.
- Motivational part:
- Resolution part:
- Appendix - grounds for recovery (service memos, acts, etc.).
- Position, as well as personal data of the manager who compiled the document.
- A place for the indicated employee to mark his/her familiarization with this order.
An order on disciplinary liability for a comment can be found by following the link: Sample order on disciplinary liability in the form of a comment.
An order to impose disciplinary liability is the final document in which the employer sets out the essence of the type of punishment applicable to the employee for violating labor discipline. There is no official sample of an order for disciplinary action, with the exception of a form for an order of dismissal, so personnel services have the right to draw them up independently.
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