If an employee has committed an offense, the employer has the right to take disciplinary measures against him as provided for by law. Disciplinary action is applied no later than one month from the day the offense was discovered.

What can they be punished for?

The legislator considers the following to be a disciplinary offense for which the employer has the right to punish an employee:

• failure to fulfill labor duties through the fault of an employee;
• performing job duties improperly (this must also be the employee’s fault).

The company's management needs to know that the following are not a disciplinary offense:

• any violations on the part of the employee that are not related to his work duties;
• if the negative circumstances that arise are not the employee’s fault;
• if there is no causal connection between the violation of duties on the part of the employee and the negative consequences that occur.

A disciplinary sanction cannot be applied later than one month from the date of discovery of the violation.

The legislator determined that the day the misconduct was discovered is considered the day when the employee’s manager (the one to whom the offender reports at work) became aware of the commission of the misconduct. It does not matter whether the manager (the one who discovered the misconduct) has the right to apply disciplinary action. This means that if management discovers that its employee has committed an offense later than one month, then it will no longer be able to punish him for this offense. The application of a penalty in this case will be illegal, and the employer himself may be held liable and subject to heavy fines.

What measures can be taken?

Disciplinary liability in labor law provides for the following types of penalties:

• reprimand (the mildest punishment);
• rebuke;
• dismissal (the most severe punishment).

For some employees, the law provides for other types of punishment. A severe reprimand may be applied to customs officers, and to employees of the prosecutor's office - deprivation of a badge and a reduction in class rank.

What is the validity period of a disciplinary sanction?

A reprimand and reprimand made to an employee are valid for a year. After the expiration of this period, the penalty is automatically lifted. But if during the year the employee again committed a violation and a penalty was applied to him, then the period for lifting the penalty begins to count anew. The new countdown date will be the date of the order to apply the next penalty.

If during the year the employee does not commit any misconduct, then the measures applied to him will be automatically removed and the employee will be considered not to have any penalties.

It is the employer’s prerogative to remove the penalty early. The punishment can be lifted either at the initiative of the employer or at the request of the offender, his immediate supervisor, or even at the request of a representative body of employees

To summarize: disciplinary action is valid for a year.

Application of penalty

Before an employer takes action against an employee who has committed a violation, the employee must be given the opportunity to explain himself. The employer must require the employee to write an explanatory note. If the employee refuses to explain, then after two days the management has the right to draw up a report about this. Based on the explanation or the act of failure to provide explanations, management must issue an order to apply the disciplinary sanction chosen by it. This document must be announced to the violator against signature within three working days. These days do not include employee absence. If the employee refuses to familiarize himself with the order and sign the order, then management should draw up a report about this.

Let us remind you that disciplinary sanction cannot be applied later than one month from the date of discovery of the violation.

Management has the right to impose disciplinary sanctions on an employee for failure to comply with disciplinary liability.

Related materials:

Management has the right to impose disciplinary sanctions on an employee for failure to comply with

Disciplinary action- punishment imposed on an employee in connection with his violation of labor discipline.

Types of disciplinary action:

• Remark - made orally;
• Reprimand - condemnation of an employee’s unlawful behavior (without entering it into the work book, personal file);
• Dismissal on appropriate grounds - it can be recognized as lawful, in accordance with current legislation, under three simultaneous conditions: the grounds for dismissal are provided for by current legislation and correspond to actual circumstances; the dismissal procedure has been followed and corresponds to the specifically provided grounds; the employment contract has been terminated.

For each disciplinary offense, only one disciplinary sanction can be applied. For certain categories of employees, federal laws, charters and discipline regulations may provide for other types of punishment. But it should be remembered that disciplinary sanctions can only be imposed in accordance with the law. There is no list in labor legislation, so whether to punish an employee or not is decided by the head of the company, taking into account the employee’s explanations.

An employee can appeal a disciplinary sanction in court if the labor duties assigned to him are not specified in the employment contract.

The imposition of disciplinary sanctions is regulated by Art. 193 Labor Code of the Russian Federation

Before imposing a disciplinary sanction, the fact of violation of labor discipline must be documented. After this, the employee must write an explanatory note outlining the reasons for his behavior. The reasons are carefully analyzed by management and it is determined whether they are valid or not. If after two working days an explanation is not provided, an act signed by two or more witnesses is drawn up. A manager who has such an act in hand can impose a disciplinary sanction without explanation to the employee.

The disciplinary process must be strictly followed. If the disciplinary sanction is found unlawful, the employee may demand compensation for moral damages and restoration of violated rights.

Information about penalties is not entered into the employee’s work book and personal card of form No. T-2 (clause 5 of the Rules for maintaining and storing work books).

The absence of an employee from work is recorded in the working time sheet. During absence from attendance, the employee is not paid wages. If we're talking about about failure to fulfill labor duties, you will need evidence of the employee’s unsatisfactory work - customer complaints, work plans and schedules, technical specifications, etc.

When all evidence of the employee’s guilt has been collected, about disciplinary action. If the penalty is a reprimand or reprimand, then the order is issued in free form. If an employee is fired, then this is formalized by an order to terminate the employment contract with the employee using the unified form No. T-8 (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). An order to impose a penalty in the form of a reprimand or reprimand is announced to the employee against signature within three working days from the date of issue, not counting the time the employee is absent from work (Article 193 of the Labor Code of the Russian Federation). If an employee refuses to sign an order, a report about this is drawn up.

Terms of disciplinary action

A disciplinary sanction can be imposed on an employee no later than one month from the date of discovery of the misconduct. This period is suspended only for the period of vacation, illness of the employee and taking into account the opinion of the representative body of employees.

“A penalty cannot be applied later than six months from the date of commission of the offense. Based on the results of an audit, inspection of financial and economic activities or an audit - no later than two years from the date of its commission” (Article 193 of the Labor Code of the Russian Federation). This applies to those offenses that are not discovered immediately after the commission, but after some time (waste of company funds). And if the misconduct was discovered later than the specified period, the employee cannot be held accountable. The six-month period does not include the time of criminal proceedings.

An employer has the right to dismiss an employee if, for example, he brought a sick leave certificate confirming that he was sick for five days out of ten missed, and the rest are not valid. In this case, an explanatory note is required from the employee, on the basis of which the issue of dismissal is decided.

The date of the order to impose a disciplinary sanction will be the day when management became aware that the employee was absent for an unexcused reason, or a later date within the time limits specified in Article 193 of the Labor Code of the Russian Federation.

Cash compensation for vacation is paid to the employee regardless of the grounds for dismissal. If an employee has several unused vacations left, then upon dismissal the employer must pay for all of them, no matter what their duration. But such an employee cannot take a vacation before dismissal, since the employment contract with him is terminated on grounds of guilt (Article 127 of the Labor Code of the Russian Federation).

Not all employees can be fired for committing a disciplinary offense, even if there are grounds for this. For some, a complicated procedure for terminating an employment contract is provided (pregnant women, minors, etc.).

Removal of disciplinary action

An employee is considered to have no penalty if he is not subject to a new penalty within a year from the date of application of the disciplinary sanction. (Article 194 of the Labor Code of the Russian Federation).

A disciplinary sanction can be lifted from an employee earlier at the initiative of the administration, at the request of the employee himself, at the request of his immediate supervisor or a representative body of the labor collective (Article 194 of the Labor Code of the Russian Federation).

A request to lift a disciplinary sanction can be expressed in a statement (if the employee himself requests), an internal memo (if the request comes from the immediate superior), or a petition from a representative body. If the head of the company agrees to remove the penalty from the employee ahead of schedule, he puts a positive resolution on this document. After this, you need to prepare an order to remove the disciplinary sanction in free form.

The internal rules of the organization and the implementation of planned indicators are the main responsibilities of the employee. Obviously, if the norms established by the employer are violated, management has the right to impose a disciplinary sanction against the culprit (in this case, you must follow the procedure specified in Article 192 of the Labor Code of the Russian Federation: more details on this issue in the article at the link).

Such measures are aimed at punishing the employee and can lead to his dismissal. At the same time, one of the conditions for imposing a disciplinary sanction is compliance with the time limit (this is relevant for all types of disciplinary sanctions).

How long can a disciplinary sanction be imposed?

The time during which an employee can be punished is established by the Labor Code of the Russian Federation and is 6 months from the moment the offense was committed. The same period is indicated in internal regulations. It should be noted that this period is mandatory and cannot be reduced or increased at the request of the employer. Therefore, this rule of law is imperative in nature.

The period is established in order to protect employees from unreasonable punishment. At its core, this rule is similar to the concept of the statute of limitations, which is established for criminal or administrative punishment. Its meaning is the loss of the danger of an offense after the lapse of time.

In addition, the rule protects the employee by ensuring that he will not be punished at the arbitrary request of management several years after the commission of the offense.

Requirements established by the Labor Code of the Russian Federation for the timing of imposition and action of disciplinary sanctions

There are two main periods that the law establishes. They regulate the action and application of punishment to employees:

• The time period for imposing a disciplinary sanction is 6 months. That is, it is during this period and no later that a person can be held accountable and punished. The calculation of this period begins from the day the fact of committing an offense is revealed. If the act was committed on one day, and it became known later, then the calculation begins from the day the violation was discovered. And such a period ends on the last day of the 6-month period indicated above;

• The penalty lasts for one year. The course of this period begins on the day on which the corresponding order is dated. The purpose of punishment is to deprive the employee of bonuses and similar additional payments for good work and other successes. Therefore, for one year the employee will not receive additional payments and may lose other benefits.

The specified time periods cannot be arbitrarily shortened or extended. However, the punishment can be lifted early. This possibility is provided for by law, but this is within the competence of the organization’s management. No other authorities have the right to influence this. To cancel a disciplinary sanction, it is necessary to issue a corresponding cancellation decree.

Time limit for familiarization with the order of disciplinary action

Familiarization with the resolution is both the right of the employee and the responsibility of management. Such an obligation is necessary to guarantee the right to appeal the decision on punishment.

Otherwise, the manager may punish the person without notifying him. Thus, the person will be deprived of the opportunity to prove his case. Therefore, a signature confirming familiarization with the order and an inscription about this are mandatory details.
It should be noted that a specific review period has not been established. There is no corresponding article of law. Obviously, a person may be on a business trip or on sick leave. Consequently, there may be circumstances that will prevent familiarization.

But at the first opportunity, the manager is obliged to familiarize the relevant employee with the order to punish. At the same time, refusal to sign the document does not correspond to the interests of the employee. After all, the signature only means familiarization, but does not indicate agreement with the order.

Deadline for appealing a disciplinary sanction

The deadline for appealing a disciplinary order is established by law. Two periods of time should be allocated to resolve the issue of disagreement with the order.

• If an employee is given a reprimand, reprimand or incomplete performance, then such orders can be challenged within three months. The starting point for disagreement will be the day of familiarization with the order. In this case, familiarization does not suspend the effect of the punishment, but is necessary to begin the period for challenging it;
• If a punishment in the form of dismissal is applied, then it can be challenged within one month. The start of the challenge period will be the time from the receipt of a copy of the penalty order.

At the same time, the law provides for the possibility of restoring the time for challenging. This can be done if the time was missed for a valid reason. For example, being on sick leave certified by an appropriate medical document will be recognized as a valid reason.

Validity period of a reprimand under the Labor Code of the Russian Federation

The period of validity of a reprimand is one year from the date of issuance of the order for disciplinary action.

After what period cannot a disciplinary sanction be imposed on an employee?

Since an employee can only be punished within six months from the moment he committed an offense, then after this time, punishment cannot be applied to him.

Proper behavior in the workplace guarantees respectful attitude of management towards a particular employee, therefore the standards prescribed in the Labor Code and in the internal regulations of the organization should be observed.

If an employee does not fulfill his duties or performs them improperly, his immediate superior can bring him to disciplinary liability by imposing a penalty. We will talk further about what exact penalty for what violation of labor discipline can be applied to an employee in 2019 under the Labor Code of the Russian Federation.

Types of labor penalties

Legislatively, the types of disciplinary sanctions applied by an employer to an employee are enshrined in Article 192 of the Labor Code of the Russian Federation.

They are divided into two types:

1. General (named in the Labor Code of the Russian Federation);
2. Special (listed in special regulations).

The table will help you understand in detail what types of disciplinary sanctions are provided for by the Labor Code of the Russian Federation, and what types are provided for by other acts.

Kinds	Are common	Special
What are provided	Art. 192 Labor Code of the Russian Federation	The norms of Federal laws, charters, regulations on discipline
To whom do they apply?	To all employees working under an employment contract, regardless of specialization	For certain categories (military personnel, civil servants, railway transport workers, employees in the nuclear energy sector, etc.)
Types of penalties	Comment Rebuke Dismissal	Comment Rebuke Dismissal Incomplete Compliance Warning Severe reprimand Demotion in class rank Demotion in military rank Reduction in military rank by one degree Revocation of a license to drive a locomotive, etc.

* The charter should be understood as a normative act of federal significance approved by law. This point deserves attention, since the charter also refers to local acts of organizations. So, if the latter contradict federal acts in terms of imposing penalties, their provisions cannot be applied.

Types and procedure for imposing penalties under the Labor Code of the Russian Federation

If an employee’s work activity is not regulated by special acts (for example, the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the Decree of the Government of the Russian Federation “Regulations on the discipline of railway transport workers of the Russian Federation”, etc.), then, according to the Labor Code of the Russian Federation, only the following types of punishments can be applied to him.

Comment

The imposition of a disciplinary sanction in the form of a reprimand is the most “popular” punishment applied by the employer. The legislation does not clearly define for what offense a certain penalty is imposed. The choice is at the discretion of the manager.

Most often, a reprimand is imposed for a violation of mild severity, that is, which:

1. is essentially a minor violation of labor discipline;
2. caused minor damage;
3. done for the first time.

An example of such an offense would be being late for work.

The decision to reprimand an employee must be documented. However, before this, the employer must demand an explanation from the violator. The latter must provide it within 2 days from the date of presentation of the request by the employer. Below is a sample order of disciplinary action in the form of a remark.

LLC "Neftetransservis"
ORDER No. 1100/64-3
Moscow December 15, 2018
About disciplinary action

Due to the absence of chief engineer A.P. Voikov from the workplace. December 14, 2018 from 09:00 to 10:00 without good reason.

I ORDER:

Announce a remark to the chief engineer Anatoly Vladimirovich Voikov.

Base:

• memo from the head of the department dated December 14, 2018;
• explanatory note from chief engineer Anatoly Vladimirovich Voikov dated December 14, 2018;
• certificate of absence from work dated December 14, 2018.

Head of the organization: Brazhsky I.G.

Head of department: Davydov O.I.

Head of Human Resources: Gerasimenko A.Yu.

The employee is familiar with the order: Voikov A.V.

The consequences of a reprimand for an employee are hardly noticeable: information about the reprimand is not entered in the work book or personal card, and such punishment in itself does not entail any serious negative consequences. However, at the same time, it serves as a warning: if another violation is committed during the year, the employee may face a reprimand or even dismissal.

note, that there is no oral remark as a separate penalty according to the Labor Code of the Russian Federation. There is only a “remark”, which is formalized by an appropriate order. According to Article 193 of the Labor Code of the Russian Federation, the order (instruction) of the employer to apply a disciplinary sanction is announced to the employee against signature. This means that the remark has its formal expression in the form of an official document, so it cannot be considered “oral”.

Rebuke

The imposition of a disciplinary sanction in the form of a reprimand is an intermediate measure of punishment, which is more “strict” in nature than a reprimand, but more “soft” in comparison with dismissal. If a remark is just a warning, then a reprimand is the “last” before dismissal.

It is declared in cases where:

1. The employee had already been disciplined for a year.
2. A violation of moderate severity was committed.
3. The offense resulted in material damage, but not on a large scale.

To issue a reprimand, it is not necessary that the employee already has one penalty on his record. It can be applied even if the employee has never been subject to disciplinary action.

An example of an offense for which a reprimand may be given is truancy. A sample order for a disciplinary sanction in the form of dismissal for absenteeism can be seen below (it is also a sample order for a reprimand). Although, at the same time, absenteeism is a sufficient reason for dismissing an employee, in practice such a measure is rarely used.

A reprimand is not much different from a reprimand: information about it is also not included in the labor report and, as such, it in itself bears consequences. However, for example, if you want to appeal the dismissal as a type of disciplinary punishment, and you have been reprimanded for a year before the dismissal, the court will take the position of the employer and leave its decision in force. At the same time, as judicial practice shows, if there are comments (rather than reprimands), the chances of challenging the dismissal are significantly higher. Also, a note about a reprimand is entered into the employee’s personal card, but in case of a reprimand, not.

Before issuing a reprimand, the employee is also required to provide an explanatory note, which he must provide within two days. Only after this the manager can document the penalty. A sample order for disciplinary action in the form of a reprimand is provided below.

LLC "Stroychermet"
ORDER No. 1800/65-2
Moscow December 14, 2019
About disciplinary action

Due to the absence from the workplace without good reason of the chief engineer Ignat Vasilievich Budko during the working day on December 13, 2019 from 9-00 to 18-00

I ORDER:

Reprimand chief engineer Budko Ignat Vasilievich.

Base:

• memo from the head of the department dated December 13, 2019;
• explanatory note from chief engineer Budko Ignat Vasilievich dated December 13, 2019;
• certificate of absence from work dated December 13, 2019;
• working hours schedule for 2019.

Head of the organization: Gromov I.G.

Head of department: Lupko O.I.

Head of Human Resources: Tarasenko A.Yu.

The employee is familiar with the order: Budko I.V.

Dismissal

Disciplinary action in the form of dismissal is an extreme measure of punishment for an employee.

It applies in the following cases:

1. Being disciplined twice or more in a year.
2. Absenteeism.
   Absence from work without good reason for more than 4 hours in a row is already considered absenteeism (if the employee has been absent all day, this is, of course, also absenteeism). The following are not considered absenteeism:
   • Absence by order of the employer on a day off or during vacation;
   • Absenteeism, in the case when the schedule provides for exceeding the normal working hours in accordance with Article 91 of the Labor Code of the Russian Federation;
   • Absenteeism in case of changes in the shift schedule, if the employee was not familiarized with it under signature;
   • Visiting the court on a subpoena, the police, the military registration and enlistment office, as well as detention, arrest or taking into custody;
   • Visit to the hospital to donate blood if the employee is a donor.
3. Appearing at work drunk, or under the influence of drugs or toxic substances.
   Even if the employee did not reach his workplace and did not start work, but at least entered the territory of the institution (for example, passed a checkpoint) during working hours in this form, this is already sufficient grounds for dismissing him.
4. Disclosure of secrets protected by law, which became known to the employee due to the performance of his job functions.
   This category of “secrets” also includes personal data of citizens.
5. Theft, embezzlement, intentional destruction or damage to property at work, if the fact of commission is established by a sentence or a judge’s order.
   The theft of not only the employer’s property, but also that of other employees, as well as third parties, is taken into account. These actions must be proven by a court decision.
6. Violation of labor protection requirements that resulted in serious consequences or created a threat of their occurrence, if this is proven by the commission/occupational safety commissioner.
7. Loss of employer confidence for those who work with money or goods (cashiers, salespeople, collectors, storekeepers).
   In this case, loss of trust occurs only as a result of the employee’s physical actions that violate the rules for handling the listed values. They can be counting, weighing, facts of shortage, use for personal purposes. They are established through inventory, test purchases, and inspections. The subjective opinion of the employer, without the employee admitting any violations and proven facts, cannot serve as a basis for dismissal.
8. Loss of trust of the employer as a result of failure to take action to resolve the conflict, if the employee is a party to it, provision of false information of a property nature about himself and his family members, if the need to provide it is provided for by federal legislation.
9. An immoral act committed by an employee performing educational functions.
   Only if it was committed at the place of work. Such an offense may include appearing drunk, fighting, or using obscene language. These actions, committed in everyday life or even in society, but not during the performance of one’s work duties, are not grounds for dismissing a teacher.
10. Making an unreasonable decision that caused damage to the organization’s property by the manager, his deputy, or accountant.
    That is, on this basis, only employees in management positions who have the right to make appropriate decisions and dispose of material assets can be dismissed. A decision that was made:
    • on an emotional level without taking into account objective factors;
    • based on incomplete or incorrect data;
    • when certain information is ignored;
    • in case of erroneous interpretation of information;
    • without proper preparation: consultations, analytical activities, data collection, calculations and research.
11. Gross violation by the manager or his deputy of his labor duties.
    Even a one-time violation can serve as grounds for dismissal, and it is considered gross if it could cause harm to the health of other employees or damage to the organization’s property.
12. Repeated violation of the charter of a general education organization within 1 year.
    Applies only to teachers.
13. Disqualification for 6 months or more.
    For athletes who have entered into an employment agreement (contract).
14. Single violation of anti-doping rules.
    For athletes carrying out their activities under an employment agreement (contract).

Example No. 1. Petrov S.G. I was systematically late for work by 30-40 minutes. After another such delay, the director of the enterprise called him to his office and announced that he was fired for repeated violations of labor discipline. Petrov S.G. wrote an explanatory note, signed the order to impose a disciplinary sanction, but went to court. He considered the director’s actions illegal, since he had not previously been subject to disciplinary action. The court declared the order illegal, since dismissal as a disciplinary sanction can be applied to an employee in the event of repeated (2 or more) violations of labor duties. Moreover, such violations must be documented, namely by an order from the manager to impose a disciplinary sanction. In this case, even though Petrov was late for work, he was never brought to justice in the prescribed manner, which means there were no grounds for dismissal.

Example No. 2. Petrov S.G. I was regularly 30-40 minutes late for work, but the last time I was 4 hours 15 minutes late because I was picking up my wife from the plane (the flight was delayed). Upon arrival at work, he was called to the directorate, where he was informed of his dismissal due to absenteeism. The employee wrote an explanatory note indicating the reason for absenteeism, but management considered it disrespectful. In this case, the manager’s actions are legal and justified, since absence from work for 4 hours or more is considered absenteeism. And in case of absenteeism, you can dismiss an employee, even if disciplinary sanctions have never been imposed on him before.

Dismissal as a punishment for labor misconduct is also formalized by order of the employer after receiving written explanations from the perpetrator no later than 2 days after the request was made. In this case, one order is issued, not two (imposition of penalties and dismissal - in one document). If the employee refuses to draw up an explanatory note, a report is drawn up with the appropriate note, where the violator must sign. If he refuses to do this, witnesses are invited to confirm this fact and sign the document.

Information about the imposition of this penalty is entered into:

1. Work book;
2. Private bussiness;
3. A register of persons dismissed due to loss of confidence, in cases where the dismissal occurs precisely on this basis.

The employer does not have the right to impose penalties in the form of dismissal on pregnant women, temporarily disabled women and employees on vacation. This is prohibited by law.

A minor can be dismissed only with the consent of the Rostrudinspektsiya and the Commission on Minors' Affairs (Article 269 of the Labor Code of the Russian Federation).

Employers should remember that dismissal should only be used if correcting the employee by imposing another penalty is not possible. Disciplinary liability of an employee in the form of dismissal is extremely rare in practice, and the courts and state labor inspectorate in such cases usually take the position of the employee.

Severe reprimand: is there such a penalty now under the Labor Code of the Russian Federation?

No, such a disciplinary sanction does not exist according to the provisions of the current Labor Code of the Russian Federation. The employer could impose a penalty in the form of a severe reprimand until 02/01/2002, while the Labor Code of the Russian Federation, approved by the Supreme Court of the RSFSR on 12/09/1971, was in force (it provided for a severe reprimand as a possible penalty).

In practice, there are often cases when an employer decides to impose a disciplinary sanction in the form of a severe reprimand, guided by the internal local acts of the organization. Such actions are illegal and can be appealed in court..

However, if a provision for a severe reprimand is contained in a federal legal regulation, then this type of penalty can be applied. For example, it is used by the military, prosecutors, firefighters and other categories of government employees.

Can the law impose penalties and deprive bonuses at the same time?

According to Article 193 of the Labor Code of the Russian Federation, only 1 disciplinary sanction can be imposed for 1 disciplinary offense. In this regard, in practice, disputes often arise: can an employer, for example, issue a reprimand and deprive a person of a monthly bonus, because in fact the employee is punished twice.

In fact, it can, and this is in no way contrary to the law. The fact is that deprivation of a bonus is not a disciplinary sanction. A bonus is an incentive for an employee who copes with his job responsibilities (Article 191 of the Labor Code of the Russian Federation). Therefore, if an employee cannot cope with them, and even violates labor discipline, why should he be paid monetary incentives? Although there are nuances here too.

The employer has the right to deprive an employee of bonuses only when the cases in which this is possible are listed in local regulations (Regulations on remuneration or bonuses, collective agreement, etc.).

Penalty period

The penalty may be imposed within one month from the date of:

1. Identification of violations by an employee by his immediate superior - for general cases.
2. The entry into force of a court verdict or a decision to impose an administrative penalty - for cases where dismissal is formalized as a disciplinary sanction (in case of theft, embezzlement, etc.).

The specified monthly period does not include:

• Staying on sick leave;
• Vacation time;
• The period required to take into account the opinion of the representative body of employees.

Penalty cannot be imposed later*:

1. 6 months from the date of commission of the offense is the general rule;
2. 2 years – in cases where it is necessary to conduct audits, checks of economic and financial activities and audits.

*the indicated periods do not include the period of criminal proceedings.

How long does the penalty last?

The Labor Code of the Russian Federation has established a single validity period for each type of penalty - 1 year.

If during this year the employee commits a new offense and the employer imposes another penalty on him, the period is “updated” from the moment the last order was issued and is 1 calendar year. After this expiration of this period, the employee is considered to have no disciplinary sanctions. In this case, the employer does not need to fill out any paperwork.

Is it possible to cancel a foreclosure early?

Early removal of a disciplinary sanction is possible in the following cases:

1. The employee himself should submit such a statement to the employer.
2. The trade union will send such a petition to the employer.
3. The initiative will come from the head of the department where the offending employee works.
4. The employer himself will decide to cancel the penalty early.

But in any case, the decision remains with the employer, that is, he has the right not to satisfy such requests. Early withdrawal is issued by order on behalf of the manager.

How to appeal a disciplinary sanction

Every employee has the right to appeal a disciplinary sanction. If he does not agree with the employer’s decision, he can contact:

1. State Labor Inspectorate.
2. Body for consideration of individual labor disputes.

How long does a disciplinary sanction last?

Disciplinary action is valid for the period established by labor legislation. Read about its size, calculation rules, as well as the possibilities of early termination of such a penalty in our article.

Article 194 of the Labor Code of the Russian Federation: statute of limitations for disciplinary action

Art. 192 of the Labor Code of the Russian Federation establishes the following list of internal regulations:

• comment;
• rebuke;
• dismissal on the grounds specified in the law.

In addition, this article contains an indication that for certain categories of workers, the relevant regulations may establish other types of DV. Yes, Art. 14.7 of the Law “On the Prosecutor’s Office of the Russian Federation” dated January 17, 1992 No. 2202-I, along with those indicated above, contains:

• severe reprimand;
• demotion in class rank;
• deprivation of the badge “For Impeccable Service...” or “Honorary Worker of the Prosecutor's Office of the Russian Federation”;
• warning about incomplete professional compliance.

How long is the total duration of a disciplinary sanction?

Art. 194 of the Labor Code of the Russian Federation establishes that, as a general rule, disciplinary sanctions are valid for one year. If during this period no other punishment is imposed on the employee, then he is considered to have no penalty. To expire in this case, no action is required, such as writing a petition or issuing a special personnel order.

A similar rule is contained in some other acts:

• clause 29 of the Regulations on discipline of railway transport workers of the Russian Federation, approved. Decree of the Government of the Russian Federation dated August 25, 1992 No. 621;
• clause 28 of the Charter on discipline of workers of the fishing fleet of the Russian Federation, approved. Decree of the Government of the Russian Federation dated September 21, 2000 No. 708;
• clause 33 of the Disciplinary Charter of the Customs Service of the Russian Federation, approved. By Decree of the President of the Russian Federation of November 16, 1998 No. 1396.

If during the validity of the previous DV an employee is subject to punishment, then the annual period for automatic removal of the penalty will be calculated from the moment the latter was imposed.

How long does a disciplinary sanction last by decision of the employer?

Ab. 2 tbsp. 194 of the Labor Code of the Russian Federation gives the head of the enterprise the right to remove the DV before the expiration of the one-year period discussed above. Such a decision can be initiated by:

• the employer himself;
• employee;
• immediate supervisor or trade union, having submitted a corresponding petition (for its preparation, read the article Petition to lift a disciplinary sanction - sample).

The reasons may be the high-quality performance of one’s duties, improvement of the employee’s discipline, the employee’s display of initiative, etc. The Labor Code of the Russian Federation does not provide for a minimum time period after which the DV is removed. The employer can terminate it even the next day after issuance.

Early withdrawal of punishment is formalized by order of the head of the enterprise, which indicates:

• date and document number;
• position and full name of the employee;
• grounds for revocation of punishment;
• the name of the DV being removed, indicating the number and date of the order by which it was imposed;
• Instructing the HR employee to make an appropriate entry in the employee’s personal card.

Is the penalty valid for the next employer?

Sometimes employees have a question: is disciplinary action valid for one year and when changing jobs? In accordance with Art. 66 of the Labor Code of the Russian Federation, information about imposed punishments is not entered into the employee’s work book, therefore, information about them remains with the previous employer and with the dismissal of the employee, the effect of the reprimand or reprimand ceases.

Things are different when a disciplinary offense became the reason for dismissal. This information is entered into the work book. Subsequent employers cannot take such DV into account, but pay attention to it when hiring an employee. In accordance with Art. 392 of the Labor Code of the Russian Federation, an employee who has been subject to DV in the form of dismissal can appeal it in court within 1 month from the date of receipt of the work book.

So, the DV imposed on an employee, as a general rule, is valid for one year and is removed automatically if the employee does not receive another punishment during this period. In addition, the employer, at the request of the trade union, the employee’s immediate supervisor, at the request of the employee himself, or in his own opinion, may terminate the penalty early.