On the basis of which the reprimand is pronounced. What is the difference between a reprimand and a remark. Sample reprimand for improper performance of official duties

If an employee is guilty, but not enough to be fired, this does not mean that his misconduct should go unpunished. There is a special form of responsibility - disciplinary, the function of which is to make a person think about his violation and in the future to correct his approach to work. How to properly influence violators of labor discipline, what measures are used for this, what is the procedure for applying disciplinary sanctions, read the article below.

Punishment for offense

If the manager decided not to dismiss the offending employee, the law provides him with only two permitted levers of influence:

• comment- the least strict form;
• rebuke- the form of collection preceding dismissal.

IMPORTANT! The legislation does not allow any facilitated or aggravated forms of disciplinary action, such as: “warning of a reprimand,” “a reprimand with entry into a personal file,” etc.

An exception to this rule is some positions for which there are additional penalties that are not described in the Labor Code. Civil servants, for example, may receive a warning that they do not fully comply with the position, and customs officers and employees of the internal affairs bodies, in addition to this, risk being severely reprimanded.

If you want stricter measures

Alternative measures of influence on delinquent employees, not provided for by the Labor Code of the Russian Federation, are unacceptable. For violations of employee discipline, it is not allowed:

• demote;
• subject to a fine;
• postpone or cancel their vacation;
• withhold part of the salary, etc.

If the labor inspectorate, as a result of an inspection or complaint, reveals any form of punishment for a disciplinary offense, other than a remark or reprimand, the employer will receive an order for a serious fine, and the penalty imposed on the employee will have to be lifted.

ATTENTION! If, as a punishment, money is illegally withheld from the employee, then upon appeal, the employer will not only be obliged to return it, but also pay a penalty for delayed wages.

The only form of more severe punishment than reprimand and reprimand is the dismissal of the violating employee, if there is sufficient reason for this.

What can you "pronounce" for?

The employer chooses the punishment (disciplinary responsibility) adequately for the misconduct. There are certain official duties that must be performed in a proper manner, a violation is considered non-fulfillment or incomplete fulfillment and quality. Inaction is also punishable when the labor function provides for activity. Disrespect for the rules of internal labor discipline and routine will also be a violation. It is these forms of behavior that are meant as a disciplinary offense (Article 192 of the Labor Code of the Russian Federation).

Those rules, the violation of which may entail liability, must be documented in the job description, employment contract or internal regulations.

FOR YOUR INFORMATION! The rules written out in the listed documents are binding only if the procedure for familiarizing the employee with them has been carried out, which is confirmed by his signature.

For example, if a person is late for his shift, while the work schedule is posted in the lobby, this cannot officially be considered a violation, because no one obliged employees to get acquainted with the materials posted on the walls. But if the worker signed under the words "I have read the schedule," the resulting responsibility will be legitimate.

Reasons for reprimand:

• being late for the start of work or after a break;
• absence on site;
• refusal from safety training or medical examination;
• appearance in an obscene state;
• embezzlement, damage, theft of property of the company or employer;
• failure to comply with the orders of the management;
• violation of labor functions.

Seven troubles - one answer?

One violation - one disciplinary action. An employee cannot receive two penalties for the same offense, such as being reprimanded before being fired.

If the violation was accompanied by damage to the property of the company or another act for which financial responsibility is laid, then in addition to it, a reprimand can be applied (as well as dismissal).

Disciplinary and material responsibility are two non-intersecting spheres.

Time to discipline the offender

The employer has a month from the day the violation was reported to decide if specific action is needed.

If the perpetrator falls ill or goes on vacation of any kind during this month, these days are added to the time limit for disciplinary action. But when additional days of rest are provided by the state, for example, holidays or weekends, the monthly period is not extended for this time.

If the immediate supervisor did not find out about the misconduct for more than six months, no matter what circumstances emerge in the future, the limitation period is considered to have passed, and it is no longer possible to pronounce a reprimand on the guilty person.

IMPORTANT! The period for detecting a misconduct is extended to 2 years if the violation was revealed as a result of an audit or audit.

How the reprimand is pronounced

In order to eliminate possible problems associated with the disagreement of the punished employee, the employer should strictly adhere to the legal procedure.

NOTE! If the reprimand is received unlawfully, in violation of the procedure, and then as a result of the next violation, the employee is dismissed, as permitted by the Labor Code, the legality of the dismissal can be successfully challenged.

5 steps to reprimand

1. Fixing the circumstances of the offense... It must be written: an act, service or report, the conclusion of a special commission. The signatures under these documents indicate that the indicated fact actually took place.
2. Explanatory requirement... In order to qualify a fact as deserving of a reprimand, you need to demand an explanation of your behavior from the guilty person. To do this, he is given a written request to write an explanatory note within 2 days. The next steps of the employer depend on the employee's reaction to this requirement.
3. A) The employee wrote an explanatory note... Based on its results, the employer decides whether the guilty person deserves a reprimand or other penalty.
   B) The employee refused to explain or did not provide it after 2 days of waiting. In this case, an act is drawn up with 2 signatures indicating the refusal to give explanations. Further, it is lawful to impose a penalty.

   ADVICE! If the employee immediately refused to write an explanatory note, it is better to wait two days with a reprimand: the offender may change his mind, and if he was deprived of this right with an immediate penalty, this may testify against the employer in court proceedings.

4. Edition... The form is arbitrary, but there must be a description of the offense and links to all accompanying papers (act or memo, explanatory or lack thereof).
5. At the initiative of the employer the record of the reprimand is entered into the personal card employee. In many organizations, the relevant local acts contain a provision on the dependence of the payment of bonuses on whether the employee has a penalty.

NOTE! It is not allowed to enter information about reprimands in the work book (Article 66 of the Labor Code of the Russian Federation).

Repented, reformed

If a year has passed, and no new records of penalties have been added, the heavy burden of punishment is automatically removed.

IMPORTANT! If 365 days have not yet passed, and labor discipline is violated again, this may become a legal basis for dismissal.

If the employer, before the expiration of the one-year term, decided that the employee has improved (whether he himself made such a decision, or the punished person himself applied for it), the reprimand may be removed early. To do this, it is enough to issue an appropriate order. After its entry into force, it is considered that the employee has no disciplinary sanctions.

Experts from the Trade Union's legal service answer the question about the procedure for imposing a disciplinary sanction in the organization. How to properly reprimand an employee in case of refusal to perform the duties assigned to him?

The Trade Union lawyer answers:

According to the first part of Art. 192 of the Labor Code of the Russian Federation for the commission of a disciplinary offense by an employee, that is, for failure to perform or improper performance by the employee through his fault of the labor duties assigned to him, the employer has the right to apply a disciplinary penalty. This can be a remark, reprimand or dismissal on the appropriate grounds. Other disciplinary sanctions may be provided for certain categories of employees only by federal laws, statutes and discipline regulations.
For each disciplinary offense, only one disciplinary penalty can be applied (part five of article 193 of the Labor Code of the Russian Federation).

As indicated in clause 35 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the Application by the Courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter - Resolution No. 2), non-fulfillment by an employee without valid reasons of labor duties is understood; in particular, violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, employer's orders, technical rules, etc. that the employee is familiarized with such acts against signature (part two of article 22, part three of article 68 of the Labor Code of the Russian Federation).

The labor function of an employee is determined by his employment contract (part two of article 57 of the Labor Code of the Russian Federation). Article 60 of the Labor Code of the Russian Federation prohibits requiring an employee to perform work that is not stipulated by an employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws. Accordingly, the employee cannot be held liable for refusing to perform work that was not agreed by the parties during employment.

The list of valid reasons that exempt an employee from disciplinary liability is not defined by labor legislation. The decision on whether a specific reason is valid is made by the employer, and if a dispute arises, the labor dispute commission or the court (Article 382 of the Labor Code of the Russian Federation).

When applying a disciplinary sanction, the employer is obliged to take into account the severity of the offense and the circumstances under which it was committed (part five of Article 192 of the Labor Code of the Russian Federation), as well as the employee's previous behavior, his attitude to work; the relevant evidence in the event of a dispute must be submitted to the court (paragraph 53 of Resolution No. 2). If the violation of labor duties is so insignificant that it only formally falls under the signs of a disciplinary offense, it is impossible to bring the employee to disciplinary responsibility (Review of the judicial practice of the Lipetsk Regional Civil Court - determination of 12/09/2002 in case No. 33-2273 / 2002.)

The procedure for the application of disciplinary sanctions is established by Art. 193 of the Labor Code of the Russian Federation.

Before a disciplinary action is taken, the employer must request a written explanation from the employee. It is best to set out the request for an explanation in writing. If, after two working days, the employee does not provide the specified explanation, then an appropriate act is drawn up in free form. It is advisable to draw up an act with the involvement of witnesses who were aware of the fact of contacting the employee with a demand for an explanation and that the employee did not provide an explanation after two working days.

The employer's order (order) on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (order) against signature, then “an appropriate act is drawn up (part six of article 193 of the Labor Code of the Russian Federation). In the order on the application of a disciplinary sanction, it is necessary to indicate when, where and under what circumstances the employee committed a disciplinary offense, what actions or inaction of the employee the employer regards as a violation of labor discipline, refer to the document, the provisions of which were violated, describe the severity of the offense, the previous behavior of the employee , his attitude to work (see, for example, the cassation ruling of the Kamchatka Regional Court dated 27.04.2006 No. 33-225 / 2006).

Disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of the employee's illness, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees; the absence of an employee at work for other reasons, including in connection with the use of rest days (time off), regardless of their duration (for example, with a rotational method of organizing work), does not interrupt the specified period. Leave that interrupts within a month should include all vacations provided by the employer in accordance with applicable law, including annual (main and additional) vacations, vacations in connection with studies in educational institutions, unpaid leave.

The monthly period for imposing a disciplinary sanction must be calculated from the day the offense was discovered. The day of detection of the misdemeanor, from which the period of one month begins, is the day when the person to whom the employee is subordinate at work (service) became aware of the misdemeanor, regardless of whether he or she is endowed with the right to impose disciplinary sanctions (paragraph 34 of Resolution No. 2 ).

A disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit or audit of financial and economic activities or an audit - later than two years from the date of its commission, even if the misconduct was discovered quite recently. The indicated time limits do not include the time of the criminal proceedings.

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ADVICE! If the employee immediately refused to write an explanatory note, it is better to wait two days with a reprimand: the offender may change his mind, and if he was deprived of this right with an immediate penalty, this may testify against the employer in court proceedings.

• Issue of a reprimand order. The form is arbitrary, but there must be a description of the offense and links to all accompanying papers (act or report, explanatory or lack thereof).
• At the initiative of the employer, a record of the reprimand is entered into the employee's personal card. In many organizations, the relevant local acts contain a provision on the dependence of the payment of bonuses on whether the employee has a penalty.
NOTE! It is not allowed to enter information about reprimands in the work book (Article 66 of the Labor Code of the Russian Federation).

Reprimand at work: consequences, grounds and procedure for imposition

Home → Accounting consultations → Labor discipline Update: May 22, 2017 The law gives the employer the opportunity to impose disciplinary sanctions on negligent employees. Let us consider in detail one of them - a reprimand as the most popular disciplinary punishment of workers encountered in practice.

Labor discipline Labor discipline is dealt with in Section 8 of the Labor Code of the Russian Federation, it is defined as mandatory submission of all employees to the rules of conduct established in the organization. Labor discipline is a necessary element of labor, without its observance the goals of a joint labor process are unattainable. In general terms, the rules of conduct (in the form of the basic rights and obligations of employees) are named in Art.
21 of the Labor Code of the Russian Federation.

A reprimand as a disciplinary sanction

Automatic removal of a penalty The penalty applied to an employee (reprimand or reprimand) is automatically removed after a year, provided that during this year the employee has not been subjected to a new disciplinary penalty (Article 194 of the Labor Code of the Russian Federation). At the same time, the employer does not have to draw up any documents, since the Labor Code of the Russian Federation does not require this. If an employee commits a new offense within a year, for which a new penalty is applied to him, then the period for removing the penalty begins to count again from the moment the order is issued on the application of a penalty for the new offense.
Accordingly, after a year, if the employee does not commit new misconduct, he will be considered as having no penalties.

Disciplinary sanctions: remark, reprimand

If the employee refuses to get acquainted with the document, a corresponding act is drawn up. It is possible to issue an order on the application of a disciplinary sanction only if no more than six months have passed from the date of the misconduct, and no more than one from the date of its discovery (Article 193 of the Labor Code of the Russian Federation). In this case, the day of detection of the misconduct is the day when the immediate supervisor of the employee became aware of this misconduct.

A reprimand as a disciplinary sanction. Art. 192 shopping mall rf

For example, if a person is late for his shift, while the work schedule is posted in the lobby, officially this cannot be considered a violation, because no one obliged employees to get acquainted with the materials posted on the walls. But if the worker signed under the words "I have read the schedule," the resulting responsibility will be legitimate. Reasons for reprimand:

• being late for the start of work or after a break;
• absence on site;
• refusal from safety training or medical examination;
• appearance in an obscene state;
• embezzlement, damage, theft of property of the company or employer;
• failure to comply with the orders of the management;
• violation of labor functions.

Seven troubles - one answer? One violation - one disciplinary action.
An employee cannot receive two penalties for the same offense, such as being reprimanded before being fired.

Forbidden

Important

But in exceptional cases, the manager can release the employee from him earlier, if he no longer violates the rules of the organization's order. In addition, all persons who have been imposed a disciplinary sanction are interested in the question of what are the legal consequences of a reprimand at work. And they can be quite serious, up to and including dismissal at the initiative of the organization's management.

A reprimand as a disciplinary sanction (nuances)

But in cases where the failure to fulfill the duties was for reasons beyond the control of the employee, he may not be guilty. To impose a disciplinary sanction on the employee guilty of the misconduct is the employer's right, which he may not use if he considers it inappropriate. Disciplinary penalties under labor law Practically all issues of imposing disciplinary penalties on employees (types of possible penalties, the procedure for their application and the procedure for their removal) are regulated by the Labor Code of the Russian Federation.

The employer has the right to apply to the guilty employee only those penalties that are established by Art. 192 TC:

• remark (less strict);
• reprimand (more severe);
• dismissal (the most severe).

But this is a general rule, to which there are exceptions.

How to properly reprimand an employee

The order must reflect the following information: - surname, name, patronymic of the employee; - the position of the employee to whom the penalty is applied; - structural unit where the employee works; - a misdemeanor committed by an employee, with references to the violated clauses of the contract or job description and to documents confirming this violation; - the circumstances of the misconduct, the degree of its severity and the employee's fault; - the type of disciplinary sanction imposed (remark or reprimand). As a basis for issuing an order, the details of an act, a memorandum or other document fixing the misconduct, an employee's explanatory note or an act on refusal to provide explanations are indicated. The order is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work.

The reprimand and its consequences for both parties

Its employer can apply to an employee for failure to perform labor functions. An employee may deliberately or through negligence commit a misdemeanor. A common example is being late for work. The notice to the guilty person is applied within the appropriate time frame: within six months from the date of the offense, within a month from the date the violation was revealed.
An employee cannot be punished for failure to perform his job functions if he has not been legally registered for this position. If an employee has repeatedly received disciplinary action throughout the year, then the employer can rightfully fire him. There are no characteristic differences between a reprimand and a remark. In Art. 192 of the Labor Code of the Russian Federation (Labor Code), penalties are arranged in the following sequence: remark, reprimand, dismissal.
Nuances Many employers are interested in whether it is necessary to enter the fact of the systematic application of a reprimand to one employee in the work book? As it was said above, according to general rules, information is entered into this document only about dismissal. However, in practice, if for objective reasons the manager is forced to constantly reprimand the employee, this information can also be included in the work book. If the sanction was applied once, the document remains “blank”. Challenging In case of disagreement with the applied measure of responsibility, the employee can appeal the decision of the management in court. For this, the legislation allocates 3 months. The employee draws up an appropriate statement in which he sets out the essence of the incident, indicates what exactly he does not agree with. The head of the enterprise should assume that the employee will take such a step.

What can be reprimanded under the labor code

Attention

The misconduct is briefly described below. For example, "To impose a penalty in the form of a reprimand for failure to fulfill the functional duties established in the employment contract, without a valid reason." The wording depends on the nature of the violation. The order may contain various grounds for the application of the sanction. For example, if a reprimand is announced in connection with the systematic delays of an employee, acts indicating this are indicated.

A reprimand at work, as well as any other disciplinary sanction, is a common thing, but not always justified. It would seem, “a reprimand and a reprimand, so what? Anyway, I will change jobs soon ... ”. Change. But there is a risk that it is not on its own initiative. Several such disciplinary sanctions and the employer have the right to dismiss the employee on his own initiative, more precisely under the article. The cons of dismissal under the article are self-explanatory.

Thus, I think you should not tolerate and forgive the employer for his tyranny and unreasonable decisions, if it is not your fault. In modern civil society, you need to be able to defend yourself, know your rights (and responsibilities).

The employer has the right to bring employees to disciplinary responsibility in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws. In turn, the procedure for the application of disciplinary sanctions is established by Article 193 of the Labor Code of the Russian Federation.

Based on the systemic interpretation of labor legislation, it follows that the violation by the employer of the procedure established by Article 193 of the Labor Code of the Russian Federation is the basis for recognizing such a penalty as illegal.

Compliance with the specified procedure for bringing to disciplinary responsibility for employers! If at least one link is missed - "write is lost." Failure to comply with this order is the basis for the cancellation of the order on the application of a disciplinary sanction by the court.

Firstly: the disciplinary sanction is applied no later than one month from the date of discovery of the offense, not counting the time of the employee's illness, his stay on vacation. The day of detection of the misconduct, from which the period of one month begins, is the day when the person to whom the employee is subordinate in terms of work (service) becomes aware of the misdemeanor, regardless of whether he or she is entitled to impose disciplinary sanctions. Missing the deadline is the basis for canceling the order by the court.

Secondly, the employer must request a written explanation from the employee before applying a disciplinary sanction. If after two working days the specified explanation is not provided by the employee, then an appropriate act is drawn up.

Thirdly: the order (order) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

In addition, you need to pay attention to the following.

The Labor Code of the Russian Federation stipulates that only such illegal actions (inaction) of an employee that are directly related to the performance of his labor duties can be recognized as a disciplinary offense.

By virtue of Article 192 of the Labor Code of the Russian Federation, a disciplinary penalty can be applied to an employee for a disciplinary offense, which is a guilty, unlawful failure to perform or improper performance by an employee of his job duties.

It is important - the preamble of the order (instruction) on disciplinary action. If what, in the opinion of the employer, you are guilty of is not included in your job duties, then there is no default or improper performance of your job duties! No responsibilities - no improper performance. In addition, as indicated above, a misconduct is always a guilty deviation from the rules established by local acts of the employer. You are not guilty that the employer did not give clear instructions to execute anything, you are not guilty that your store was robbed by raiders.

According to the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee's labor activity, and the collective agreement.

Article 57 of the Labor Code of the Russian Federation regulates the content of the employment contract and stipulates that the labor function is one of the mandatory conditions to be included in the contract. It means work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee. Any other activity is not your responsibility, misconduct related to other activity is not a basis for bringing you to disciplinary responsibility.

According to Art. 60 of the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work that is not stipulated by an employment contract, with the exception of cases provided for by the Labor Code and other federal laws.

It should also be pointed out that the obligation to prove the legality of the disciplinary sanction falls on the employer, in accordance with civil procedural law.

The employer must provide evidence not only that the employee committed a disciplinary offense, but also that the severity of this offense and the circumstances under which it was committed, as well as the employee's previous behavior, his attitude to work were taken into account when imposing a penalty. If, during the consideration of the case, the court comes to the conclusion that the misconduct did take place, but the disciplinary sanction was made without taking into account the above circumstances, the claim (of the employee) may be satisfied.

How did the employee perform his job duties for all the time? What material consequences, losses suffered by the employer or other person? All these questions will have to be addressed in court. Not for you, but for the employer.

According to the position of the courts, bringing an employee to disciplinary liability without taking into account the severity of the misconduct is an independent basis for satisfying the requirements for recognizing the order to impose a disciplinary sanction as illegal. Don't worry if someone tries to fire you or get reprimanded for having a lace untied at work.

It should be noted that you should not be afraid of fighting the employer. Your labor relations are sufficiently protected by law, the employee is exempted from all legal costs, and the employer is an economically strong side in these relations, therefore, more close attention of the legislator is directed precisely to protecting the rights of employees. The non-admission of arbitrariness on the part of the employer is the principle of the activity of all trade unions. Labor law is a specific branch of Russian law, and disputes arising from labor legal relations are difficult to deal with. To protect your interests, you have the right to turn to a lawyer - a professional defender of violated rights.

If the employee has committed guilty or illegal actions against the property of the employer, or violated the rules of internal regulations or labor discipline, the employer has the right to punish him. Such punishment is called disciplinary action, and the act itself is a disciplinary offense.

According to Art. 192 of the Labor Code of the Russian Federation, the employer has the right to punish the employee as follows:

• make him an official remark;
• reprimand or severely reprimand him;
• dismiss by making a corresponding entry in the work book.

Disciplinary action in the form of a warning is the most “common” type of disciplinary action. It is imposed for misdemeanors of "mild severity", that is, when the violation of labor discipline or the damage caused is insignificant.

For example, if an employee improperly performed his job duties for the first time. Before that, this was not noticed behind him. To apply the remark on this basis, the employee must be familiar with the job description when hiring. The acquaintance is confirmed by the signature of the new employee. He should also be familiar with the Internal Regulations and Labor Discipline Regulations.

Before imposing a disciplinary action in the form of a comment, the employer must ensure that the employee is at fault for the misconduct. That is, he must establish a causal link between the misconduct and the employee's fault.

To do this, he must request written explanations from the employee. This is done through the act of requesting written explanations. The employee must provide the employer with an explanation in writing no later than 2 working days from the date of receipt of the act. The act must be signed for receipt.

In the explanatory letter, the employee can provide the employer with evidence of his innocence or give valid reasons for which this disciplinary offense was committed. The Labor Code of the Russian Federation does not indicate what is a valid reason, it will be decided by the employer himself. But, as judicial and personnel practice shows, a good reason can be:

• employee illness;
• violation by the employer of working conditions;
• lack of materials for work and more.

If the employer considers the reason to be valid, then he should not issue a reprimand to the employee. If there is no reason at all, or it is disrespectful, the employee issues a disciplinary order in the form of a remark.

The employee must put his signature on the order. This means that he is familiar with the order. This is done in case of challenging the remarks in court. If the employee refuses to sign the order, then the employer must draw up an appropriate act.

The remark is valid for 1 year from the date of issue of the order. But it can be withdrawn ahead of schedule:

• at the written request of the employee himself;
• at the sole request of the employer;
• at the written request of the head of the structural unit;
• at the written request of the trade union body, if there is one at the enterprise.

Consequences of the remark for the employee

Many modern workers believe that such a disciplinary measure as a reprimand is in fact the least serious and does not threaten the employee with any particularly negative consequences. We can only agree with the first part of this statement. The notice is indeed the least strict liability that has been formally established by the current legislation. However, this fact does not mean at all that it cannot bear absolutely any negative consequences for the employee. Depending on the specific situation, the employee who received the comment may face the following troubles:

1. Cancellation by the employer of various bonuses and other incentive payments that were provided within a particular organization. Despite the fact that recently awards have somewhat lost their relevance, you can still find a huge number of organizations where they are still paid to particularly successful employees. The reasons for calculating a bonus payment can be a variety of employee achievements, for example, overfulfillment of sales plans, constant improvement of their own performance indicators, etc.
   Naturally, bonuses are often awarded only to those employees who show high results not only in their professional activities, but also in other areas, for example, in matters of compliance with internal discipline and routine at the enterprise. Consequently, the existence of such a disciplinary measure may in fact mean that the employee has violated the rules established within the company. This, in turn, will be the main reason for the subsequent cancellation of the premium.
   It should be noted that the exact period for canceling the bonus is set by the employer independently, depending on his opinion about the current situation. For example, a manager has the right to cancel one quarterly bonus, but in the next quarter he will still pay a bonus payment in relation to this subordinate. In some cases, the decision to revoke the premium may be valid throughout the entire calendar year, etc.
2. Possible dismissal by unilateral decision of the management. As you know, dismissal by the decision of the employer can also constitute one of the disciplinary measures. However, it can be applied far from always, but only in certain situations, for example:
   • if an employee committed a really serious violation, which is a full-fledged reason for the impossibility of his subsequent work within the walls of this institution. We can talk, for example, about the theft of property entrusted to the employee, about causing material damage to the employer, about the disclosure of information that is a trade secret of the organization, etc.;
   • if the employee first committed a minor violation for which he was assigned a reprimand, but almost immediately he commits another disciplinary offense. This situation means that the employer will have a legal right to apply an already more serious measure of responsibility to his employee. This measure can be unilateral dismissal.

Procedure for applying remarks and sample order

In order for the procedure for announcing a comment to be truly legitimate and not to violate the interests of the employee, the employer must act in strict accordance with existing norms. The process itself will include the following mandatory steps:

1. First, a written explanation of the situation and the violation committed by him must be requested from the employee. It should be remembered that ignoring this stage may become a legal basis for recognizing the entire procedure for establishing punishment as absolutely unlawful. To request an official explanation, the manager draws up a written notice.
2. Then the employee is given only two working days to provide the appropriate explanations to the superiors. If during a given period of time no information is received by the employer, he can safely proceed to the next stage of sentencing.
3. Further, the head of the organization or other authorized person draws up a corresponding order on the appointment of a disciplinary measure of responsibility in the form of a comment.

If we talk about the basic rules and features of drawing up an official order, the following nuances can be included here:

• the document can be drawn up on the company's letterhead, which already contains all the necessary company details. The order must be marked with its individual registration number, as well as the current date of drawing up;
• further, basic information is indicated, namely: information about the employee in respect of whom the corresponding punishment is imposed, the exact name of this punishment, as well as a description of the previously committed disciplinary offense. Here it is imperative to indicate the details of another document that can confirm the legality of the punishment. Such a paper may be, for example, an act on the delay of a subordinate previously drawn up by the employer. However, it must be remembered that such a document must be formed in strict accordance with existing requirements. So, for example, the act is drawn up in the presence of witnesses, with their mandatory signatures;
• as soon as all important information is entered into the order, the head of the organization puts his personal signature on the document.

An approximate text of the main part of a punishment order in the form of a comment may look like this:
“In connection with the commission of the sales manager Kulikov I.V. disciplinary offense, namely, being late for work on July 21, 2019, I order to announce a remark. The reason for the establishment of punishment is the act of absence from the workplace of 21.07.2019 ”.

After the formation of the order, the employer should not forget about such an important stage as familiarizing the offending employee with the content of this document. This procedure must be carried out by the head within 3 days from the date of the above order. After reviewing the further development of events may look as follows:

• the employee has no complaints about the content of the order and signs the document. In this case, no problems will arise, and the procedure for establishing disciplinary punishment can be considered successfully completed;
• the employee does not want to get acquainted with the prepared order and affix his own signature on it. Any employer should be aware that the very unwillingness of an employee should not be a reason for interrupting the procedure for establishing punishment. Here, the head will just need to draw up an additional act, which will record the fact of refusal to sign the document.

What actions should the employee take if he does not agree with the comment?

In practice, situations often arise in which the employee considers the disciplinary measure applied to him in the form of a remark to be absolutely unfair. In this case, he can either accept the appropriate decision of the employer, or try to challenge it. If you choose the last option, you can proceed as follows:

1. Contact the territorial office of the Labor Inspectorate. This body has the necessary competence to consider the claims arising from the employee and then make a fair decision on the dispute. To apply there, an interested person will need to prepare a written application in advance. In it, you need to present facts and evidence that will really confirm the fact of the unlawful imposition of punishment by the employer.
2. Apply to the court. This option can rightfully be called the most effective way to protect your own rights and restore justice. The filing of the claims that the applicant has is carried out by means of drawing up a claim. In it, the employee will need to briefly describe the current situation and submit his own requirements regarding the cancellation of the decision previously made by the employer.
3. Contact the labor dispute committee if such a body functions within the enterprise. Complaints are filed according to the standard scheme, with the preliminary drawing up of an application. In case of a positive decision of the commission, the punishment previously imposed by the employer will be canceled.