The order of application of disciplinary punishments is regulated by the labor legislation therefore each worker has to understand, whether the employer has the right to apply to it that or other disciplinary punishment.
Types of disciplinary punishments
Article 192 of the Labour code of the Russian Federation contains the closed list of disciplinary punishments which the employer can apply to the worker. The remark, reprimand and dismissal belong to their number.
Dismissal as measure of disciplinary punishment, can be applied only on the bases which are provided by the labor legislation. For example, if the head of the organization, branch or representation, or the chief accountant made the unreasonable decision which caused violation of safety of property, or its unauthorzsed use. The head of the organization, branch or representation can also be dismissed if he once roughly broke the labor duties, or systematic gross violation of rules of the charter of the organization within one year is watched him. The labor code provides also other bases for dismissal for separate categories of workers.
The labor legislation strictly forbids imposing on workers of disciplinary punishments who are not provided by standard and legal base, the regulating this field of activity. The employer has to consider weight of offense before imposing disciplinary punishment on the worker.
Order of application of disciplinary punishments
Before applying disciplinary punishment in relation to the worker, the employer has to request from it a written explanation. This norm is stated in article 193 of the Labour code of the Russian Federation. If within two working days the employee did not provide this explanation, the employer has to draw up the relevant statement. Thus it is necessary to remember that if the worker did not provide an explanation in written to a form, it is not an obstacle for application to it disciplinary punishment.
Disciplinary punishment can be applied to the employee no later than one month from the moment of detection of the fact of commission of offense. Do not join in this period the period of temporary disability of the worker, and also the periods of finding of the worker on holiday. Disciplinary punishment is applied at a time in relation to each offense made by the worker. Application disciplinary collecting has to be documentary issued by means of the order or the order of the head. To him disciplinary punishment the worker has to be surely acquainted with the order or the order of the head on application that has to be recorded it by the signature in three-day time from the moment of the publication of the order or the order. The worker can refuse acquaintance with the order or the order about imposing on it disciplinary punishment. In this case the employer draws up the relevant statement.
Application of disciplinary punishment can be appealed by the worker in the state labor inspection.
Removal of disciplinary punishment
Procedure of removal of disciplinary punishment is provided by article 194 of the Labour code of the Russian Federation.
Disciplinary punishment can be remitted from the worker at his request or at the initiative of the employer. Removal of disciplinary punishment is carried out within a year from the date of its imposing if for the worker during this period it is not noticed other offenses.
If on the expiration of year from the date of application of disciplinary punishment the worker was not subjected to new disciplinary punishment, it is considered that it has no disciplinary punishment. Thus, after calendar year disciplinary punishment is considered removed automatically if the worker did not make other offenses.
On the basis of the above, InfoAdvisor.net can draw a conclusion that the labor legislation provided three types of disciplinary punishments of varying severity. At a choice of a type of disciplinary punishment the employer surely has to consider weight of offense. The appointment procedure and removals of disciplinary punishment is also stated in the labor legislation. It is obligatory for execution by the employer and worker. If the worker does not agree with disciplinary penalty which on it is imposed by the employer, he can appeal in the state labor inspection to understand in the circumstances.