Service memo on the lifting of a disciplinary sanction

Who writes and what to include in the document

There is no approved form of the document. It can be drawn up in the form of a memo, statement, or petition.

It is written in any form addressed to the head of the organization. The text must contain information about the offense committed, the employee’s merits during the time that has passed since the punishment was applied, as well as a request for its early repayment.

Sample petition to lift a disciplinary sanction

In what cases can you apply?

Disciplinary action can be of three types: reprimand, reprimand and dismissal .

If a person was fired, there can be no talk of any petition. It will still not be possible to return him to his workplace using such a document.

The reprimand and reprimand have a validity period of one year . If during this time an employee commits repeated violations, he may be fired at the initiative of the employer.

It is possible to get rid of the punishment early. For this purpose, a special petition is drawn up.

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The grounds for early removal of foreclosure are the following factors:

• no complaints regarding labor discipline;
• fulfillment of production plans;
• conscientious performance of his labor duties by the employee.

The right to withdraw a disciplinary sanction is stipulated in Article 194 of the Labor Code of the Russian Federation.

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Paragraph one of the normative act states that the penalty will be automatically canceled after a year, paragraph two regulates the possibility of early removal of the penalty.

There is a certain procedure for canceling punishment :

1. Preparing an application.
2. Obtaining consent from the employer. The manager's visa is stamped on the application.
3. Drawing up an order to remove the penalty.
4. Familiarization of the order with the employee's signature.

After a disciplinary sanction is lifted and a violation is committed, it is equal to the first one. It will no longer be possible to rely on repeated violations here, since the punishment has been cancelled.

Instead of a petition, you can also issue a memo requesting the removal of the penalty.

What penalties can be lifted and when?

A request for early repayment does not apply only to dismissal, since this terminates the employment relationship between the employer and employee.

If an employee has several disciplinary offenses, then sanctions can be lifted for one of them, or for several at once, unless otherwise provided by law. For example, only one thing can be removed by the disciplinary charter of the customs service.

The legislation does not provide for a minimum period that must pass from the moment the punishment is imposed until it is lifted.

Procedure

Article 194 of the Labor Code of the Russian Federation provides that after one year after the imposition of disciplinary punishment, it is removed automatically. The employee is considered not to have been held accountable.

Remember! To remove a penalty before the one-year period, you must:

• prepare a petition for its removal;
• enlist the support of your immediate supervisor;
• prepare an order to lift the disciplinary sanction;
• familiarize the employee with the order to remove the punishment from him.

Both the manager and the employee himself can take the initiative to lift the penalty early.

Important! If this is requested by the immediate superior, the head of the trade union, the general or trade union meeting, then they are obliged to justify their decision:

• improvement of labor performance;
• absence of violations of labor and production discipline;
• compliance with internal labor regulations;
• conscientious performance of their functional duties;
• other positive traits and qualities of the employee.

Based on the results of the consideration, the manager issues an order in which the previously imposed penalty is lifted from the offending employee. The indicated person is introduced to the order against signature. If the decision to lift the penalty was made by the court, then the order indicates that it was issued in pursuance of the court verdict. If we are talking about reinstatement at work, then the corresponding entry is made in the employee’s work book.

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Watch the video. Application of disciplinary sanctions. What's legal and what's not:

How to write about cancellation of punishment ahead of schedule

The following persons have the right to write a petition for the removal of the penalty:

• Guilty person . If a person understands his guilt and is ready to work to correct the mistakes, he has the right to fill out an application and send it to his immediate superior for consideration. It is allowed to draw up the document in free form. The main thing is to include the required points and write the petition without errors.
• The boss of the offending person . He is fully aware of the employee’s work and has the right to write a petition to close the punishment (suppose, in order to motivate the employee).

Also, the employer can independently decide to cancel the punishment early based on observations of the employee’s work activities.

Under such circumstances, there is no need to write a petition; it is enough to issue an order to annul the punishment for previously committed violations and familiarize the employee with it.

The form is not approved by law . However, there are basic points that are recommended to be included in the document:

• applicant details: full name, department and position;
• Title of the document;
• designation of what the document is about;
• number and date of filing the application;
• information about the offender and her act: full name, position, department, type of penalty and methods of its application, details of the order;
• request to remove the penalty indicating the reasons;
• link to article 194 of the Labor Code of the Russian Federation, which gives the right to cancel punishment ahead of schedule;
• applicant's signature.

Major operational disturbances

The following offenses may be grounds for writing a document::

• an employee being late for work, resulting in a disruption in the production process, financial losses or customer complaints;
• absence from work without warning and without a good reason (you can see how to write a memo for time off here, and here you can see how to write a memo about an employee’s absence from the workplace);
• being at the workplace drunk or in a state of toxic or narcotic intoxication;
• non-compliance with safety regulations, as a result of which there was an accident at work, an emergency situation (or something similar could happen with a high degree of probability);
• theft, damage or destruction of company property, regardless of the amount of losses incurred;
• violation of the obligation to maintain commercial or state secrets, personal data of enterprise employees and other types of information that are not subject to disclosure under the terms of the contract.

Read more about what a memo is and how this document is drawn up according to GOST in a separate article.

Who initiates early withdrawal

Employee. If he realizes his guilt, he can himself make a proposal to reduce the effect of his punishment, for example, in the following formulation: “I realized my guilt. I have had no complaints from senior management about the results of my work since the day of the offense. From now on I undertake not to violate labor discipline. I ask you to cancel the disciplinary sanction ahead of schedule.” If such a document comes from an employee, it is endorsed by the immediate supervisor.

Trade union or other representative body. He sends his arguments in the form of a petition to the head of the organization. You can use the following wording: “During the time that has passed since the imposition of the penalty, Petrov P.P. fully complies with the requirements of labor discipline that are established at the enterprise, and has also proven himself to be an excellent worker; he efficiently fulfills the labor duties assigned to him. There have been no complaints against him recently.”

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After what period is the disciplinary sanction lifted: procedure for removal

The employee's immediate supervisor. If he considers that the person brought to justice is worthy of repaying the punishment ahead of schedule, then he draws up an appeal addressed to the head of the organization with a request for its early cancellation. In this case, you can use the same text as in the example for the trade union.

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Head of the organization. If the initiative to shorten the period of disciplinary action comes from him, then the procedure is simplified. The head of the enterprise, having drawn a conclusion from his own observations, can make a decision orally and bring it to the personnel department to issue an order to repay the penalty. In this case, there is no need to submit any petition.

Compiled by whom?

The purpose of disciplinary punishment is to prevent similar offenses in the team in the future. Having received reprimand for an offense, the employee feels guilty. He tries to keep his job and not make similar mistakes.

The most responsible employees try to earn lost trust as early as possible; they begin to work with special zeal and diligence.

In this case, for early removal of the imposed penalty, the initiative may come from the following persons:

• head of the organization;
• the employee himself;
• head of department;
• trade union organization, meeting of workers.

The actions of the manager are to instruct the personnel department to prepare the necessary order, the actions of the employee are to write an application addressed to the director, the actions of the head of the department are to draw up a petition or memo to lift the penalty.

When a team is active, the first document for possible removal of the violation is the minutes of their meeting (or an extract from it).

But only disciplinary punishment imposed in the form of a reprimand or reprimand can be removed. And only on the condition that the employee is still on the staff of the employer who imposed the punishment on him.

How to avoid mistakes when drafting

In order for the document to bring the expected result, the petition addressed to the manager must be written clearly and without grammatical errors.

Important! Labor legislation does not require that you adhere to any specific form when drawing up an application, but you should be aware of some nuances:

• the document must contain maximum information that allows you to consider the application without requiring additional data;
• the recipient to whom the document is addressed must be indicated correctly and accurately;
• the essence of the request must be stated sufficiently briefly and clearly;
• provide convincing facts on the basis of which the manager can make a positive decision.

If you have difficulties in drawing up an appeal, it is better to seek help from a lawyer on our website.

How to file a claim correctly

The statement of claim is made in writing and consists of the following parts:

1. A cap:
   name of the court;
2. Full name, address of the plaintiff;
3. name and address of the defendant;
4. amount of claim.
5. Main part:
   history of relations with the employer: when the citizen started working, for what position, when, how and for what the citizen was punished;
6. the essence of the employee’s objections: why he considers the employer’s actions illegal;
7. if the employee believes that he has suffered psychological suffering, this should be pointed out.
8. Final part:
   a list of the applicant’s demands, for example: cancel the order, reinstate him at work, recover the amount of moral damage;
9. list of attached documents. The claim should be accompanied by copies of the employment contract, orders for employment, imposition of penalties, dismissal, job description of the applicant or other documents that will support the arguments of the claim;
10. date and signature of the applicant.

In response to the employee’s statement of claim, the defendant has the right to file an objection to the court to cancel the disciplinary sanction. The task of the court is to evaluate the arguments of both sides and make an independent decision.

Sources:

• https://gosuchetnik.ru/shablony-i-formy/obrazets-khodataystva-o-snyatii-distsiplinarnogo-vzyskaniya
• https://ppt.ru/forms/rabota/sniatie-vigovora
• https://azbukaprav.com/trudovoe-pravo/distsiplinarnaya-otvetstvennost/snyatie/hodatajstva.html
• https://potreb-prava.com/dokumenty/xodatajstva/zayavlenie-o-snyatii-disciplinarnogo-vzyskaniya.html
• https://FBM.ru/bukhgalteriya/dokumenty/khodataystvo-o-snyatii.html

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