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Conscientiousness, as we know, is not a vice. When an employee does his job conscientiously, “is on fire” at work, his superiors value him worth his weight in gold. But, if he negligently fulfills the duties assigned to him and does not strive to improve the situation, then the manager is authorized to apply disciplinary sanctions. The easiest of which is a remark. In case of serious misconduct or systematic shirking of duties, the employee receives a reprimand. An order is issued against him for failure to fulfill official duties. When he has received several suggestions in twelve months, the employer has every right to part with such an irresponsible employee.

What can be a reprimand for an employee according to the Labor Code of the Russian Federation?

When new employee takes a job, the employer discusses with him the specifics of his job functions and familiarizes him with all the instructions.

If all the rules are followed, there should be no difficulties in the work process. According to the Labor Code, an employee can receive suggestion only in clearly specified cases:

• violation of one's duties;
• violation of labor discipline;
• neglect of safety precautions.

The employee must strictly fulfill the powers assigned to him and bear responsibility for his area of ​​​​work. For one-time failure job responsibilities he gets a reprimand. In this case, the person must write an explanatory note in which he explains the reasons for his action. If the employee flatly refuses to do this, a report is drawn up describing the incident. Such a document is fraught with an order of reprimand for failure to fulfill official duties.

Additionally, it is worth familiarizing yourself with the rules for drawing up a memorandum on failure to fulfill official duties - a sample is attached to the article.

Reprimand for improper performance of official duties - sample

An order for disciplinary punishment (including an order after an inspection by the prosecutor's office: sample) is drawn up if an employee systematically neglects his duties. To compile it, confirmation of the subordinate’s mistake is necessary. Most often, the basis is taken as an explanatory note, a report, or an act of violation by a subordinate of official duties, which are prescribed in the order.

The text of the document states which employee committed the violation, indicating the date and approximate time of the event. The employee must sign on it.

Sample reprimand for violation of labor discipline

The second most popular reason for punishing workers is violation of labor discipline. These include repeated lateness to work or absenteeism. Although very often unscrupulous employers use these reasons to fine staff without any reason.

The text of the censure must contain the following information:

• position, full name of the offending employee;
• a summary of the incident indicating exact date and time;
• the essence of the order in accordance with the Labor Code of the Russian Federation;
• a list of documents that served as the basis for creating the order;
• a commission of at least three people;
• date and personal signature of the culprit confirming that he has read the document. If the employee flatly refuses
• sign, an act is drawn up signed by the members of the commission.

A sample order of reprimand for violation of labor discipline can be downloaded from the link:

Is the reprimand entered in the work book?

A work book is a document in which you can view information about a person’s work experience:

• the beginning of working life,
• hiring and dismissal from work,
• incentives.

Remarks and penalties are not included in the labor report. But periodic failure to fulfill or one-time gross violation of official duties can serve as a reason for dismissing a person.

How many reprimands does it take to get fired?

When reprimanding an employee, the frequency of misconduct must be taken into account. If more than a year has passed between penalties, then the previous ones are not taken into account.

In cases where the violations are systematic and the offender makes no attempt to correct the situation, two such suggestions may be enough to dismiss the negligent employee.

How is a remark different from a reprimand?

There are no significant differences in the Labor Code between these two terms. The difference that is worth paying attention to is that the employee receives a reprimand orally, but a reprimand - documented, in the form of an order against a receipt for familiarization with its contents.

Employees need to take into account that repeated comments serve as grounds for a reprimand, and several such documents in a year can lead to dismissal.

Specialists personnel service of any enterprise must know exactly the algorithm for how to competently reprimand an employee: an example of correct drafting of this document must be clearly worked out by personnel officers. How to properly reprimand an employee and how is it documented? Let's try to figure it out.

Reasons and types of penalties

In the system of labor relations between employee and employer, there are several disciplinary measures. For example, a note. How does issuing a reprimand differ from issuing a reprimand to the offending employee? A reprimand is a severe preventive measure. Only after a reprimand can the employee be dismissed, financial sanctions from management (non-payment of bonuses, reduction of other remunerations material nature and so on.). All this, of course, must take place within the framework of labor legislation and be reflected in the employment contract concluded with the employee, or in the general collective agreement valid within the enterprise.

Giving a reprimand is the same as issuing a serious warning to an employee. In what specific cases can company management and has the right to reprimand a subordinate? The following situations stand out:

• failure to fulfill one's functional duties or their poor performance;
• ignoring the demands of representatives of the management team of the enterprise (both the “head” system and middle management, but located above the department in which the guilty employee works);
• violation labor regulations;
• failure to complete any important task or assignment;
• systemic delays, delays without proper explanations and visible objective reasons.

This also includes, among other things, ignoring public orders of increased importance.

As a rule, today enterprises have their own special corporate system relationships. She assumes her internal rules and related settings. Violation of them may also be punishable by a reprimand.

Drawing up an order in compliance with current regulations

How to properly document a reprimand for an employee who violates labor regulations?

We begin to draw up a document through which the procedure for issuing a reprimand is documented. This is the appropriate order. Here is an example of how to compile this document.

The full name of the organization is indicated in the header of the order. Just below it is written: “Order No.” and the corresponding number is indicated.

Then, depending on the type of violation, the following is written: “Impose disciplinary action in the form of a reprimand for failure to fulfill functional duties regulated by the employment contract, without good reasons" The wording here can be very different, it all depends on the type of disciplinary violation committed by the employee.

For example, if a reprimand is announced because an employee is systematically late for work, you can indicate acts of lateness for work (with recording of specific numbers entered in such acts).

In addition, you can reflect information about the presence (or absence) of a written explanation provided by the employee.

The order is completed by the signature of the head of the enterprise and the signature of the employee against whom the reprimand is issued. The corresponding date is indicated.

What to do with the work record of such an employee? Is it recorded here that such a disciplinary measure was announced against him?

The law explains the following. If such facts are systemic in nature (that is, if reprimands are issued against of this employee on an ongoing basis objective reasons), then the relevant information is entered into work book.

And, on the contrary, when the incident with a reprimand is only an isolated case, the employee’s work record book remains “clean”, the employer does not record in it the single fact of this disciplinary sanction.

Rules for issuing a reprimand

Before reprimanding the offending employee, you should have an educational conversation with him and ask him to provide an explanatory note containing the reasons for non-compliance with certain violated rules.

In a situation where an employee fully admits that he was wrong and guilty, promises to correct the current situation in the near future and provides an explanatory note with specific objective facts, you can postpone issuing a reprimand. But the employee is obliged to provide such an explanation no later than two days after the incident occurred.

Of course, the final decision on whether to issue an appropriate order or not is made by the company’s management or the immediate superior of the offending employee.

The announcement of a reprimand can also be postponed in the case where the employee promptly provided an explanatory note in which he set out in detail the reasons for the incident.

Failure to fulfill official duties due to health reasons (in this case, the document must be accompanied by a corresponding certificate from a medical institution confirming the employee’s words) is considered a serious argument in favor of the employee. In such cases, the reprimand may be withdrawn.

If there is a proper explanation on the part of the employee about the reasons that prompted him not to fulfill functional responsibilities or violate labor regulations, did not follow, the company management has the right to issue an order to issue a reprimand.

A reprimand is announced only when the violation was actually committed through the fault of the employee. At the same time, he can challenge the management’s decision (reprimand).

It often happens that an employee was initially, even when hired, not informed about the system of disciplinary sanctions that operates within the enterprise. A clear knowledge of the current rules and regulations, on the contrary, has the most beneficial effect on the performance of representatives labor collective, performing their functional duties.

Sample order to impose a disciplinary sanction

On the application of disciplinary sanctions in the form of a reprimand

In connection with the violation by the storekeeper Kirillov K.K. paragraphs 3.1 and 3.3 of job description No. 4, approved by order general director Time LLC dated 08/11/17 No. 32, which resulted in failure to fulfill the instructions of the immediate supervisor to receive, sort and place products in warehouse 5

I ORDER:
1. Apply disciplinary action in the form of a reprimand to Kirillov Kirill Kirilovich.
2. Head of the HR Department S.S. Sidorov introduce Kirillov K.K. against signature with this order.

Reasons:
- memorandum from the head of the workshop finished products Ivanova I.I. dated 07/07/2018;
- act of non-fulfillment without good reason labor responsibilities dated 07/07/2018 No. 2;
-request for explanation dated July 7, 2018 No. 1;
— act on the absence of written explanations dated July 10, 2018 No. 3.

General Director Petrov P.P.

The following have been familiarized with the order:

storekeeper Kirillov K.K.
Head of HR Department Sidorov S.S.

ORDER

On bringing to disciplinary liability

For committing a disciplinary offense, namely: admitting workers to a construction site on October 12, 2018 in the absence of protective devices and without the use of personal protective equipment by workers

I ORDER:

1. Reprimand the head of the site, Pavel Potapovich Potapov.

Reason: order of occupational safety specialist Ivanov I.I. dated October 12, 2018, explanatory note from the head of the section Pavlov P.P. dated October 12, 2018, clause 5.3 of the job description of the head of the section, clause 26 of the Labor Safety Instructions OT-116/02.

General Director Sidorov S.S.

ORDER

On the application of disciplinary sanctions

In connection with the established fact of making an incorrect entry about a transfer to another job in the work book of leading engineer Petrov P.P.

I ORDER:
1. Announce to the HR department inspector M.I. Ivanova. rebuke.
2. Head of the HR Department Mikhailova M.M. ensure that leading engineer P.P. Petrov is included in the work book. correct entry, recognizing the previously made entry on transfer to another job as invalid in the manner established by regulatory legal acts.
3. Secretary-clerk Kuznetsova K.K. familiarize with this order the inspector of the HR department Ivanova M.I., the head of the HR department Mikhailova M.M., the leading engineer Petrov P.P. under personal signature no later than one business day from the date of publication of this order.
4. I reserve control over the execution of this order.
Reason: memorandum by leading engineer Petrov P.P. dated 07.11.2018, presentation by the head of the HR department M.M. Mikhailova. dated 07.11.2018 on the imposition of a disciplinary sanction, written explanation from the inspector of the HR department Ivanova I.I. from 07.11.2018.

General Director V.V. Vasiliev

The following have been familiarized with this order:

HR Department Inspector I.I. Ivanova

Head of HR Department Mikhailova M.M.

Leading engineer Petrov P.P.

ORDER

About disciplinary action

Because. that on the night of March 12-13, 2018, watchman S.S. Sidorov was absent from duty without good reason for an hour, from 23:00 to 24:00. and on the basis of Article 192 of the Labor Code of the Russian Federation

I ORDER:
1. For violation of labor discipline, reprimand S.S. Sidorov.
2. Responsible for personnel records A.A. Andreeva to familiarize S.S. with this order. Sidorov signed.
Reasons: memo Head of the Security Service dated March 14, 2018, explanatory note by S.S. Sidorov dated March 14, 2018.
Director Petrov P.P.
S.S. was familiarized with the order. Sidorov

ORDER

On the removal of disciplinary sanctions and financial penalties

Based on the petition of the chief engineer of Planeta LLC, Nikolaev N.N. dated 07/07/2018, taking into account the conscientious performance of his official duties by S.S. Sergeev. and guided by Art. 194 Labor Code of the Russian Federation

I ORDER:
1. Remove the disciplinary sanction in the form of a reprimand, previously imposed by Order No. 352k on 02/03/2018, from Sergey Sergeyevich, head of the repair area.
2. Remove the measure of material impact in the form of non-payment of remuneration based on the results of work for 2018. from Sergeev S.S. previously imposed by Order No. 352k on 02/03/2018, personnel number 689.
3. The clerk of the HR department of LLC “Planeta”, within one working day, prepare a copy of the order and send it to the HR department and accounting department.
4. To inform the chief engineer of Planeta LLC to Sergeev S.S. with this order within three working days against signature and send a copy of the order with a receipt for familiarization to the personnel department.

Deputy Director for Personnel K.K. Alekseev

ORDER

On early removal of a disciplinary sanction

Based on the petition of the head of the marketing department, Sidorenko V.V. from 12/17/2018

I ORDER:
1. Order No. 96-k dated October 24, 2018 on the announcement to marketer Konstantinov K.K. notices for absence from work for 5 hours in a row are cancelled.
2. Consider Konstantinov K.K. without disciplinary action.
3. With this order of Konstantinov K.K. acquainted with signature.
Reason: petition from the head of the marketing department V.V. Sidorenko. from 12/17/2018

General Director Nikolaev N.N.

I have read the order:
marketer Konstantinov K.K.

First you need to understand the basic concepts.

Labor discipline is a set of rules in force at an enterprise. All employees must comply with them. This includes work rules, corporate ethics, labor protection rules, etc.

Also, for educational purposes, a warning order may be drawn up in connection with a violation of discipline. It is issued in cases where the employer has decided not to punish the employee, but to limit himself to an oral warning about the need to comply with the procedure established at the enterprise.

Sample order: warning about violation of labor discipline

Sometimes an employer who has shown loyalty to an offending employee may not draw up a separate order in relation to him, but limit himself to instructions affecting the entire staff.

Sample order on compliance with labor discipline

The citizen must be familiarized with the order and signed within 3 days. A copy of the order is included in the employee’s personal file.

If the employee refuses the request to sign the order, the employer will be required to draw up a corresponding act in the presence of two witnesses.

There is a limited period for imposing a penalty, which is equal to one month from the date of violation. After 6 months, no penalty can be applied.

Express your opinion on the article or ask the experts a question to get an answer

A reprimand for failure to perform duties is effective measure influence on violators of labor discipline. In order to establish the procedure for the employee to perform job functions, the employer has in its arsenal such documents as employment contract, job description, internal labor regulations and other local regulations. In fact, for one reason or another, an employee often violates the provisions approved by the organization. Depending on the nature, severity and frequency of violations, the manager has the right to apply appropriate disciplinary action. The article will discuss the procedure and also provide a sample order to issue a reprimand.

Procedure for applying penalties

The rules for applying a particular disciplinary sanction are described in Art. 193 Labor Code of the Russian Federation, according to which any punitive measure is accompanied by the issuance of a corresponding order. By law, before classifying an action as a misdemeanor, the employer must request an explanation from the employee who committed it. The refusal to give an explanation is recorded by drawing up an act and, according to Art. 193 of the Labor Code of the Russian Federation, cannot interfere with the application of disciplinary measures. Deadline for submission explanatory note does not exceed two working days. In addition, the Labor Code provides for other terms for the application of penalties:

• no more than one month after discovery of the violation;
• no more than six months after the violation was committed;
• no more than two years after the discovery of the misconduct based on the results of an inspection by an auditor or auditor.

It is important to remember that, in accordance with the Labor Code of the Russian Federation, only one punishment can be imposed for one specific violation (Article 193 of the Labor Code of the Russian Federation).

Reprimand as a disciplinary sanction

In Art. 192 Labor Code of the Russian Federation this concept is mentioned as one of the types of punishment along with reprimand and dismissal on appropriate grounds. However, the legislative act does not clearly define this term and does not explain its difference from a remark. In practice, it is generally accepted that a reprimand is given for a violation of moderate severity. Sometimes heads of organizations or personnel department employees use the concept of a severe reprimand. This is probably done to enhance the effect of punishment on psychological level, because this term has no relation to Labor Code and officially applies, for example, to serving in the armed forces of the Russian Federation.

The application of punitive measures, according to the law, is formalized by an order, which is presented to the employee for signature within three working days (Article 193 of the Labor Code of the Russian Federation). Below is an example of a reprimand for improper execution job responsibilities.

Sample order

Consequences for the employee

When discussing violations of discipline and types of punishment, the question inevitably arises: does a reprimand received at work have consequences? Contrary to popular belief, information about reprimand is not subject to entry into the work record book, and therefore does not become known to another employer. This is evidenced by Art. 66 Labor Code of the Russian Federation. A reprimand entered into a personal file at the document level implies, as mentioned above, the issuance of an order. In addition, responsible for personnel records management the employee may (but is not obligated) to record this fact in the violator’s personal card. In fact, the presence of such a penalty may be a factor in subsequent dismissal. P. 5 Art. 81 Labor Code of the Russian Federation states that the employer has the right to terminate labor Relations with the employee if there is a fact of “repeated failure by the employee to fulfill his duties if he has a disciplinary sanction.” In this case, an entry is made in the work book with a link to the above article of the Labor Code.