There are no consequences for the employee, but can be taken into account in case of repeated offense. Rebuke. Can be strict or ordinary.

If the violation is repeated and the employee is fired, then work book a note is made that employment contract terminated for repeated violation labor discipline employee.

Dismissal.

The most severe and unpleasant disciplinary measure.

Systematic violation of rules and norms of behavior by a child

The solution here may be to not pay attention to violations of rules and norms of behavior, but to encourage compliance with them, in particular, to create precedents when the child fulfills them, then praise them.

You can also shift the child's attention from seeking adult attention to other reinforcing stimuli, such as the pleasure of performing an activity.

2. Violation of rules and norms of behavior due to the child’s unreflective attitude towards them.

Note: reflection is internal mental activity a person, aimed at understanding his own actions and states; self-knowledge by a person of his spiritual world.

It is effective to explain to the child the reasons why one should do one thing and not another.

3-7 tbsp.

12.9 Code of Administrative Offenses of the Russian Federation); driving through a prohibiting traffic light signal or a traffic controller's prohibiting gesture (Part 1. Part.

12.12 Code of Administrative Offenses of the Russian Federation); entering a lane intended for oncoming traffic, or onto tram tracks in the opposite direction (Part.

4-5 tbsp. 12.15 Code of Administrative Offenses of the Russian Federation); violation of the obligation to give way to a vehicle, cyclists or pedestrians using the right-of-way, including when passing through an intersection (Part.

How to fire an employee for systematic violations of discipline

However, there is one catch: disciplinary sanctions must be justified (in accordance with the norms of the Labor Code) and impeccably executed.

With the implementation of these requirements, many employers have serious problems.

Time limits for imposing a disciplinary sanction A disciplinary sanction must be imposed in compliance with the time limits established by the Labor Code.

Systematic violation is

Deprivation of rights for systematic violation of traffic rules

for which the driver may be punished by deprivation of his license.

Let's look at the list of violations that fall into the list of systematic ones. Let's get started. Introduction of deprivation of rights for systematic violations 10/07/2019 The bill was adopted in the first reading State Duma.

Amendments are being prepared.

Violations that are classified as systematic List of violations that are classified as systematic violation of the rules traffic: from 1,000 rubles to deprivation of rights for 1 year. Driving to a railway crossing with a closed barrier or a prohibitory signal from a traffic light or traffic controller, stopping or parking at a railway crossing, crossing railway outside the move. from 1,000 rubles to deprivation of rights for 1 year.

Driving through a prohibiting traffic light signal or a prohibiting gesture from a traffic controller. from 1,000 rubles to deprivation of rights for 6 months. Failure to comply with the requirement to give way to a vehicle at an intersection.

Violation of the rules of turning or driving in reverse. Failure to comply with the requirement to give way to a vehicle.

from warning to 500 rubles. from 5,000 rubles to deprivation of rights for 1 year.

Turning left or making a U-turn in violation of road signs or markings.

from 1,000 to 1,500 rubles. Failure to comply with the requirement to give way to a pedestrian, cyclist or other traffic participant.

Punishment for systematic violation of traffic rules Punishment for systematic violation of traffic rules is considered in the new Article 12.38 of the Administrative Code: Article 12.38.

For systematic violations of traffic rules, you will be deprived of your rights

Here is a list of violations for which repeat drivers are planning to be deprived of their license: repeated driving of an unregistered vehicle (Part 2 of Article 12.1 of the Administrative Code); if you have been held accountable for driving a car with obviously faulty brakes, steering or coupling device (Part 2 of Article 12.5); for driving a vehicle without a seat belt, without a helmet (for motorcycles), for transporting passengers without these safety elements (Article 12.6); driving a vehicle without a driving license (parts 1 and 2 of Article 12.7); for violating the speed limit (part.

It is exclusively the administration and head of the enterprise who decides what kind of disciplinary sanction to apply to a particular employee. In this case, all possible circumstances that could lead to the commission of the act must be taken into account, and the personal data and qualities of the employee are also taken into account. For example, if a teacher committed an immoral act in school, then this violation is considered rude and the most common punishment used is dismissal.

What can you punish an employee for?

1. Absence of a valid reason for failure to fulfill clearly defined official obligations;
2. Truancy or repeated gross violation established labor discipline;
3. Being at work while drunk or under the influence of drugs;
4. Disclosure of official or state secrets, embezzlement, theft or intentional damage to work property;
5. Loss of trust;
6. Committing an immoral act at work, during working hours.

Let us draw your attention to the fact that in relation to judges, prosecutors, investigators, etc., there is a completely different list of labor violations.

Systematic violation of labor discipline: punishment

According to the law, the following types of disciplinary action may be applied to a person who systematically violates labor discipline:

1. Dismissal is the most severe penalty, which entails the loss of a job. Among other things, dismissal is certainly reflected in the work book, which in the future greatly reduces a person’s chances of finding another, good job;
2. A reprimand is a fairly common type of punishment, which involves issuing a reprimand to a clearly defined employee;
3. The reprimand can be strict or ordinary. If the employee’s violations occurred one-time, then the reprimand will be ordinary. If the violations occur systematically, then in this case an entry can be made in the work book indicating that the employment contract was terminated due to the fact that the employee systematically violated labor discipline.

Let us draw your attention to the fact that monetary punishment is prohibited by law, but practice shows that this type of punishment is the most common. Some managers introduce fines that are collected from employees in cases of systematic violation of labor discipline. Some managers try not to violate the law by simply depriving their employees of allowances and bonuses.

How is a disciplinary sanction issued?

In case of gross violation of labor discipline, the employee is obliged to write an explanatory note. If the employee refuses to draw it up, then in this case the administration draws up a specialized act, which is subsequently signed by an employee of the HR department. This document can also be signed by other employees.

If repeated violations of labor discipline are detected, for example, systematic absenteeism or lateness, failure to complete assigned tasks, then within a month a decision is made and an order for disciplinary punishment is formed. In this case it does not count month period on vacation or sick leave.

Formed order in mandatory provided to the employee against signature. If the employee does not agree to sign the document, then a refusal act is drawn up.

It must immediately be said that the order can be appealed by contacting labor inspection or to a court. But, first of all, you need to consult an experienced lawyer who could guide you on the right path of action.

I would also like to add that two punishments cannot be imposed for one offense. Remember also that negligent workers rarely receive reprimands and warnings; more severe penalties are most often used.

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Attention! This article was published in the "Laws in Development" section. This means that the legislative changes discussed therein Maybe will be accepted in the future. At present, the innovations discussed below have not entered into force, i.e. don't work.

Good afternoon, dear reader.

This section will review draft regulatory legal documents that may be adopted in the future. Since these documents do not relate to current legislation, all articles in the section are marked with a corresponding information message at the top.

In this article we'll talk O systematic violation of traffic rules, for which the driver may be punished by deprivation of his license. Let's look at the list of violations that fall into the list of systematic ones. Let's get started.

Introduction of deprivation of rights for systematic violations

07.10.2016 The bill was adopted in the first reading by the State Duma. Amendments are being prepared.

Violations that are classified as systematic

List of violations related to systematic violation of traffic rules:

Article of the Administrative Code	Violation	Punishment
, part 3-7	at 40 km/h or more.
, parts 1 and 3	Driving to a railway crossing with a closed barrier or a prohibitory signal from a traffic light or traffic controller, stopping or parking at a railway crossing, crossing a railway outside the crossing.	from 1,000 rubles to deprivation of rights for 1 year.
, parts 1 and 3	Passing or prohibiting gesture of a traffic controller.	from 1,000 rubles to deprivation of rights for 6 months.
, part 2	Failure to comply with the requirement to give way to a vehicle at an intersection.	1,000 rubles.
, part 2	Violation of the rules for turning or reversing.	500 rubles.
, part 3	Failure to comply with the requirement to give way to a vehicle.	from warning to 500 rubles.
, parts 4 and 5	or oncoming tram tracks.	from 5,000 rubles to deprivation of rights for 1 year.
, part 2	Turning left or making a U-turn in violation of road signs or markings.	from 1,000 to 1,500 rubles.
	Failure to comply with the requirement to give way to a pedestrian, cyclist or other traffic participant.	from 1,500 to 2,500 rubles.

Punishment for systematic violation of traffic rules

Punishment for systematic violation of traffic rules is considered in the new article 12.38 of the Code of Administrative Offenses:

Article 12.38. Systematic violation of the rules of operation, use of a vehicle and driving a vehicle

Violations of the rules of operation, use of a vehicle and driving a vehicle of the corresponding type, provided for in parts 3 - 7 of Article 12.9, parts 1 and 3 of Article 12.10, parts 1 and 3 of Article 12.12, part 2 of Article 12.13, parts 2 and 3 of Article 12.14, parts 4 and 5 of Article 12.15, Part 2 of Article 12.16, Article 12.18 of this Code, by a person subjected to administrative punishment three or more times for committing the specified administrative offenses, with the exception of cases of recording administrative offenses by special special technical means having the functions of photography, filming, video recording, or means of photography, filming, video recording, -

entails deprivation of the right to drive vehicles for a period of one to one and a half years or the imposition of an administrative fine on persons who do not have the right to drive vehicles in the amount of ten thousand to thirty thousand rubles.

So, punishment for systematic violation of traffic rules can be imposed:

• If the driver has committed 3 violations from the list above, then the fourth time he will receive a fine for systematic violation. The same applies to the fifth and subsequent violations.
• Violations must be recorded by traffic police officers. in this case are not accepted.

Please note that in case of systematic violation of traffic rules we're talking about not about the calendar year. Let's look at an example. Let the driver commit the first violation on September 1, 2016, the second on October 1, 2016, and the third on November 1, 2016. If the driver commits the fourth violation on August 31, 2017, then this will be a systematic violation of the rules. However, if the fourth violation is committed on September 2, 2017, then violation No. 1 of September 1, 2016 will “burn out” and will no longer be included in the list. Accordingly, the driver will again have 3 violations (dated 10/1/2016, 11/1/2016 and 09/2/2017). For a fourth violation during September 2017, he may be punished as a repeat offender.

The punishment for systematic violation of the rules is 12 to 18 months. If the driver is a driver, he will receive a fine from 10,000 to 30,000 rubles. Please note that if the driver is deprived of his license, then...

In conclusion, I would like to remind you once again that this article was published in the section “Laws in Development” and deprivation of rights for systematic violation of traffic rules is at the draft stage. If this document will subsequently be accepted and published, the corresponding article will appear on.

Good luck on the roads!

Where is the logic - to deprive for three violations for which they simply give warnings? I changed lanes, didn’t notice three times, ran into someone. And three times I went to the closed barrier. And for them these violations turn out to be identical.

Alexey-86

I didn’t fully understand this from the article:

In order to lose your license you need to drive through red lights three times (for example) or drove through red lights + did not let a pedestrian pass + exceeded the speed limit by 45 km/h and because of this you will also be deprived of it for 12-18 months? In other words: should the violation be homogeneous or are heterogeneous ones summed up?

I would like to clarify the issue of the “burning out” of the three resolutions. Yes, indeed, in explanatory note nothing is said about the period during which the countdown of 3 punishments lasts. Nevertheless, no one has canceled Article 4.6, so we get a completely logical “burn-out” period - 1 year. All media on the first page of search engines confirm this, as do many legal publications.

Alexey, in this version of Article 12.38, any combination of violations is possible. Those. punishment will be imposed for 3 identical violations, and for 3 various disorders from the list.

Good luck on the roads!

Maxim, thank you for your comment.

You are right, Article 4.6 is directly related to deprivation of rights for systematic violation. Appropriate additions have been made to the article.

Good luck on the roads!

Let's wait for the law to be passed. It will be remade a thousand times. This has already happened... And the points were introduced and the articles were removed and the NSU ppm was changed. Legislators don't drive, they have drivers. They deprived one, took another.

Driving into oncoming traffic in the city is a standard violation, and not intentionally, but thanks to the organization of traffic, they will draw a continuous line so that it is impossible to go around it, and if you park a car with an emergency light there, then every first one will have to register. If you go to a traffic light and end up on red, you will be at fault; you cannot prove this to the IDPS. There was another ambush at the railway crossing, I drove out to the crossing, and the red light came on (ringed) already in the middle. IDPS is filming a “movie” from the other side, an ambush?

It seems that they want to get rid of traffic jams by depriving them of their rights for nothing!

Appropriate additions have been made to the article.

The driver is considered subject to administrative punishment for a year, i.e. all violations must be committed within 1 year. After this, the fines “burn out.”

As I understand it, it is necessary to clarify in the article that the first punishment “burns out” after a year, and not all 3 at once, because Article 4.6 does not refer to the calendar year. Next, the year countdown continues from the earliest applicable punishment.

The most important thing is that they refer to the golden youth, and they have traveled and continue to travel, no matter what.

The story about the trial of Shamsuarov on Russia 24 and his “friends” proves this) The driver of the Mercedes taking away the “convicts” did not turn on the left turn signal when starting to drive away from the courthouse)

Nikolay-42

Dear drivers, I have been driving for 41 years. During this time, I drove 1 million 300 thousand km in my personal cars (on 17 cars). Who remembers past years as soon as the legislators did not mock us and a crack on the glass and without a wheel cap and a scratch painted over with a different color and the speed was determined by a stopwatch and a bumper from a different model and much much more that is impossible to prove on the road to a valiant traffic cop. Our traffic rules have already become so confusing that without higher legal education it's hard to prove anything. If only there was a person in the country who would simplify our road safety rules. One example. The speed limit sign in front of a populated area is valid until it, and the overtaking sign is valid until the nearest intersection in it or to the end settlement. Why not do it the same way. What can we say about the differences between winter and summer rules. Are the organizers of the movement really not able to organize this in the same way? By the way, I have never heard of the organizers being punished for this at least once, only if someone files a lawsuit and wins with great difficulty. The movement must be organized so that even if you wanted to but could not disrupt it, at least you should strive for this.

Tell me, traffic police license until September 2017. but the deadline is December 2016 for replacement after 10 years. Do you need to do anything now? Or will the replacement be made after the old expired license is issued??

Sergey, you don’t need to do anything now. When you contact the traffic police to return your license after deprivation, you will be issued a new certificate (after paying the appropriate state fee).

Good luck on the roads!

Comment is being added

Labor laws do not allow an employer to fire an employee simply for negligence. First, you will have to apply milder disciplinary measures in the hope of correcting the employee. You can immediately remove him from the staff only for absenteeism (and even then you will have to comply with a bunch of formalities and waste time). How to get rid of a lazy person and a slob? legally and in the most correct form?

Grounds for dismissal

Systematic violation of labor discipline consists of two factors:

• a disciplinary sanction has already been imposed on the employee, which at the moment not removed or repaid (reprimand, ordinary or severe reprimand);
• the employee again violates discipline or fails to fulfill his duties.

Only if both conditions are met, you (as the employer) can, on your own initiative, terminate the employment contract with the violator. However, there is one catch: disciplinary sanctions must be justified (in accordance with the norms of the Labor Code) and impeccably executed. Many employers have serious problems meeting these requirements.

Time limits for imposing disciplinary sanctions

Disciplinary action must be imposed in compliance with the deadlines established by the Labor Code. There is often confusion with deadlines. The fact is that you can officially make a reprimand or reprimand within one month from the day you discovered the employee’s misconduct. However given period can be extended if the employee was absent at that time for valid reasons - for example, he was sick or was on vacation. Days of illness and legal rest are not taken into account.

However, in any case, you do not have the right to impose a penalty later than six months from the date the employee committed the violation.

If he spent all this time in the hospital or did not begin his duties in another good reason, it will no longer be possible to reprimand or reprimand him. You will not be able to impose a penalty even if the fact of violation was not established immediately, but after 6 months (at least). This period is extended only in cases where the violation is so serious that the law provides criminal liability for committing it.

The penalty is valid for the same 6 months. If you reprimanded an employee, and a few weeks later he again made a gross mistake - this is a “relapse”, in connection with which there is grounds for dismissal. If a person worked conscientiously and without complaints for six months, it is impossible to talk about systematic violation of labor discipline.

Explanatory note and order from the manager

Firstly, before applying “sanctions” you must require an explanatory note from the employee. He has the right to write and submit it within two days. The two-day period will have to be met in any case, even if the offender immediately refused to provide you with an explanation. What if he changes his mind? By the way, the request for clarification must be sent to the employee in writing. A verbal demand has no meaning from the point of view of labor law.

Secondly, disciplinary action must be documented. No officially issued order – no violation. Small business owners often neglect what they consider unnecessary “paperwork,” but this can lead to big problems with particularly harmful staff units.

It is not enough to accept and print an order to impose a penalty. It is necessary that the offender himself signs for its receipt.

If, after reading the document, the employee refuses to sign, you will have to immediately draw up a corresponding act. This act, confirming the “rebellion” of the violating employee, must be signed not only by you, but also by at least one other employee of the company (the head of the department where the insolent employee works, his colleague or other official).

Justification for the disciplinary measures taken

Theoretically, you can fire a manager for having lunch a couple of times right at his workplace, although this is strictly prohibited by the company’s internal rules. However, there is a high chance that the offended employee will go straight to court. The judge is unlikely to consider such a reason sufficient for dismissal, and you will have to reinstate the person at work (and perhaps even pay him compensation).

There's another one important point, which is often ignored by company management. The employer is obliged to prove that the employee had any idea about his official duties and was familiarized with their detailed list.

It is imperative to ensure that each employee not only reads the internal regulations (internal regulations, shift schedule or other documents similar in content), but also confirms this in writing. If the employee is not familiar with the receipt job description, the court may find your decision to fire you for systematic violations illegal.

Let's summarize everything said above:

• upon each violation (lateness, poor customer service, etc.), an explanatory note must be taken from the employee, which he must provide within two working days;
• if after two days the explanatory note does not appear on your desk, this will need to be recorded in a separate written act;
• a reprimand or reprimand can be made only within one month after the violation;
• the employee is obliged to familiarize himself with the order on the application of a disciplinary measure and put his signature under the text of this act;
• the penalty must be justified - its severity is determined by the seriousness of the violation committed.

All these principles must be observed at all times and in all cases.

Common mistakes

Listed above are the fundamental principles that should be followed when terminating an employee. However, entrepreneurs very often make less obvious mistakes, each of which can also become a reason for canceling the dismissal order.

1. Dismissal is an independent type of disciplinary sanction. As we remember, an employee cannot be punished twice for the same violation. Sometimes managers first reprimand the offending employee and then immediately fire him. This is a gross violation.
2. Regular tardiness very often becomes a reason for dismissal. In small companies, the manager usually immediately notices who has arrived at the wrong time - there are few employees, each of them is visible. But in large organizations equipped with terminals with the system electronic protection, the situation becomes somewhat more complicated - you can’t keep track of everyone. It happens that one fine day the employer decides to find out how things are going with absenteeism, checks the data of the access system and sees that one of the employees was late several times in one week. As a result, for the first lateness the employee is reprimanded, and for the second he is immediately fired - and all this with an interval of 10 minutes. Remember: this scheme of action is illegal. IN similar situations we will have to limit ourselves to reprimanding for all cases of lateness at once. By the way, this principle applies not only to being late, but also to all other offenses. "Wholesale" disciplinary liability impossible and unacceptable.
3. Some employers continue to use a system of fines and deductions from wages. It's illegal - Labor Code provides for only three types of disciplinary “sanctions”, and a fine is not one of them. Considering an act of unauthorized imposition of a fine as evidence of a systematic violation of discipline by an employee is madness (and administratively punishable). But similar precedents happen even now!
4. Another gross violation is the absence in the dismissal order of a direct indication of a specific misconduct. An order with the abstract wording “for systematic violation of labor discipline” can easily be appealed in court.

A little theory

If a dismissed employee believes that he has been treated unfairly, he has the right to apply to the court to appeal the order. In order to be guaranteed to resolve the case in its favor, the employer must be aware of what principles the judges are guided by when making a decision.

The legislator establishes that the meaning of any disciplinary sanctions is to strengthen labor discipline. Accordingly, with the help of comments and reprimands, the employer must give the employee the opportunity to improve. If management strives to fire the offender at the first opportunity, there is no need to talk about correction - this means that they are simply planning to get rid of the employee. From the point of view of the legislator, such aspirations must be suppressed.

Following this logic, judges first of all find out how justified the decision to dismiss for systematic violations of labor discipline was. If they conclude that the punishment does not fit the offense, you will lose the case. An employer who is looking for a reason to get rid of an employee is a priori guilty.

Let's imagine that a person was late, received a reprimand, was late again the next day and was immediately fired. The court's verdict will certainly be disappointing for the employer. What if the employee seriously decided to improve, and he was simply unlucky enough to get caught in a traffic jam on this fateful day? In fact, he didn't have real possibility prove your good intentions in practice.

There is one more nuance. When appealing an order, an employee can draw the court’s attention to the unfoundedness of the penalties imposed on him even before his dismissal. For example, a couple of months ago an employee was reprimanded for being late, and now you fire him for arguing with a client. Having proven that you reprimanded him unreasonably or in violation of the established procedure, the cunning employee has a good chance of getting the dismissal decision reversed.

What about trade unions?

If the company has a trade union, then the dismissal will have to be agreed upon with representatives of its elected body. The problem is that it is not always possible to determine whether the person being fired is a member of a union or not. Employees are not required to inform anyone of their membership in such organizations.

If an employee does not admit whether he is a member of a union or not, it is better to notify all unions that operate in the company about the planned dismissal. In this case, you will formally comply with the legal requirement.

Summing up

A huge number of “forcefully” dismissed workers are seeking reinstatement or financial compensation due to the frivolity of their employers. Yes, it is quite difficult to ensure compliance with all the requirements of the Labor Code of the Russian Federation, but it is worth trying. The reason for an appeal may be an incorrectly drawn up act or not drawn up at all, a small error in an order, or unconvincingly formulated arguments. To avoid this, always check the “checklist” necessary actions and a list of common errors.

Punishments for systematic non-fulfillment can be applied to employees who have acted in bad faith in fulfilling their obligations in their position or have withdrawn themselves from fulfilling them.

Frequent violations of labor discipline may entail sanctions, including termination of working relationships, in accordance with the requirements.

When a person is accepted into the company’s staff, he is only explained, upon signature, the range of obligations for the position that he undertakes, as well as the sanctions that can be applied for improper performance or for failure to fulfill official duties.

However, in practice, there are often cases when a person still commits violations. The cause of this situation can be either intentional or careless actions. Regardless of the reasons for the violation, an inspection will be carried out in any case, since any non-compliance entails damage to the company. And in order to compensate for it, it is necessary to identify those who are to blame. This can be done after a detailed analysis of the current situation on the basis of the order of the manager, for registration of which a necessary condition is the availability of documentary information and data.

In such cases of violations of labor rules, it is first of all important for the manager to know:

• in what cases does liability arise?
• what measures can be taken against the offender;
• is dismissal allowed for repeated failure to fulfill job duties;
• when dismissal is possible for systematic failure to fulfill functional duties;
• how is dismissal implemented under an article for failure to fulfill official duties;
• what measures need to be taken before dismissing an employee for failure to fulfill obligations.

Such moments are very important, since quite often the manager was subsequently punished for an incorrect conclusion procedure, and the dismissed person was reinstated in his position.

Anyone accepted into the company's staff is obliged not only to follow its internal rules, but also to fulfill their personal obligations in their position. This allows you to optimize the organization’s activities and avoid disruptions in work.

Article 21 of the Labor Code of the Russian Federation contains a list of basic obligations, the fulfillment of which for an employee is prerequisite functioning in the company:

• strict fulfillment of the undertaken obligations specified in;
• compliance with corporate rules;
• compliance with work discipline;
• fulfillment of work norms;
• compliance with the rules;
• ensuring the safety of material objects and property values ​​of the organization;
• immediately informing the manager about emerging threats to the company’s property or the life and health of working people.

In addition to these basic rules, a person may be required to follow additional ones. This is due to the specifics of the structure’s activities. These include:

• ethics of behavior within the organization;
• non-disclosure of restricted or classified information;
• subordination in communication with management.

If for some reason a person fulfills the specified conditions in bad faith or withdraws himself from fulfilling the specified conditions, the manager can apply measures of influence against him.

Such violations of the current regulations include:

• violation of work rules due to which an accident occurred with someone;
• groundless, or three or more times when a person did not adhere to the temporary work schedule;
• drinking alcohol on the territory of the organization or arriving at your place under the influence of such substances;
• actions of an immoral nature;
• secret theft of company property or personal valuables of employees;
• self-withdrawal from fulfilling obligations;
• submission of false documents when applying for a position;
• entering false data into internal documentation;
• refusal to comply with orders and instructions from management.

The main condition in such situations will be that the reasons for their occurrence are the guilty acts of the employee.

The use of enforcement measures is defined as a manager's opportunity. That is, the boss decides at his own discretion whether to punish a person or not.

Article 192 of the Labor Code of the Russian Federation established a list of measures of influence that a manager can apply to a violator:

The most extreme form of manifestation of a leader's reaction. In this case, professional interaction will be terminated and the person will have to look for a place in another organization. The use of such a measure in practice occurs when other methods have exhausted themselves.

What is meant by repeated violation?

The essence of the concept of multiple misconduct is that the fact of dishonesty must occur more than once.

According to the rules of Article 81 of the Labor Code of the Russian Federation, repetition will be considered if the offense was committed during the period when the employee was already punished.

The main condition here is the current measure of influence applied earlier. That is, it should not be withdrawn or annulled. Only in this case can the multiple nature of the offense be considered.

This article gives the manager the opportunity to apply only one measure to a person - interrupt the interaction. However, first of all, it should be established whether the worker has an unannulled punishment.

According to Article 194 of the Labor Code of the Russian Federation, a person has two options for getting rid of negative consequences:

Automatic withdrawal

This is possible when more than twelve months have passed since the exposure. The calculation here takes into account the actual, and not the calendar, period. For example, if a person was prosecuted in December, then the measure will lose its force in December of the following year.

Early repayment of punishment

This occurs when the manager himself realized the intention and canceled the measure of influence by his order. Most often this happens if the offense was not of a serious nature, and all the damage was paid off in as soon as possible by the person himself voluntarily at his own expense. This can be done on any day or timed to coincide with some date, for example, professional holiday, or company anniversary.

The current regulations do not set an upper limit for the number of offenses. Multiplicity is determined only by the lower bar - once.

Algorithm for dismissal for violation

Any action of a manager in relation to an employee is always formalized in the form of a written order. A committed offense is no exception here.

However, in such situations, current regulations oblige the head of the organization to collect a whole package of documents. A person's explanation alone will not be enough.

First of all, you should fix it yourself. For this purpose, in a number of cases, a commission is formed from specialized specialists companies that are competent in the essence of the problem.

Such a group conducts an internal audit, analyzing all the facts in detail and scrupulously. The powers of the commission are quite broad. She may request information of any nature that is important for the conduct of the proceedings, and also require written explanations from employees who have the necessary information.

Every action of the inspection specialists is documented.

After completing the verification activities, a special document is drawn up, which, along with all materials, is submitted to the manager for review. He reviews the presented information package and makes his decision.

Documenting the violation

As stated, the application of enforcement measures is preceded by. The results of such events are usually documented in the form of an act. Such a document must reflect the following data:

• date and place of registration;
• composition of specialists who took part in the inspection;
• on what fact the proceedings were conducted;
• what was found out as a result;
• what explanations were given by the offender and other workers;
• what the violation was;
• what standards were violated;
• inspectors' proposals.

As a rule, such in-depth verification activities are carried out when serious violations have occurred, for example, financial embezzlement or property shortage. In the case of everything, everything will be limited to informing the immediate superior, explaining the violator and recording the fact of absence. That is, it all depends on the severity of the violation.

Explanatory note from the employee

According to, before making a decision and punishing a person, the manager is obliged to demand clarification from the employee. Such explanations must be in writing. In case of refusal, this must be recorded in an act.

The current regulations determined the form of such explanations, but did not establish a clear sample of paper.

Some organizations develop explanatory forms. But their presence is not part of the manager’s obligations. Explanations can also be written on a regular sheet of paper. The explanatory must reflect mandatory information. Then the explanations can be accepted as documentary material.

The text itself will need to indicate the following:

• the name of the company and information about the official who will make the decision, as a rule, this is the manager;
• information about the compiler - name, what position he works in;
• title of the document, namely “explanatory”;
• what the offense was, here you need to describe everything in detail - time, place, actions, their reasons;
• whether the offender himself admits guilt;
• The date of compilation and the person’s personal signature are indicated under the text.

In the explanations, the boss must reflect information about the decision taken. That is, apply for a visa.

After studying all the materials presented, the manager must accept either the person’s innocence.

Article 193 of the Labor Code of the Russian Federation defines a time period for the boss during which he can realize his intention. This period is one actual month from the moment the offense was discovered. This period does not take into account the time when the person was treated or used a break for rest and recovery, as well as the period during which the approval of the trade union body must be obtained. In any case, after six months the head loses this opportunity. The exception here is financial miscalculations or material shortages. If they are available, the boss will have two years to make a decision.

The entire procedure ends with the issuance of an order of the appropriate nature. In this case, you can use a standard company letterhead, which is produced by printing, or ordinary office paper.

The text indicates in detail what the offense was, what provisions and norms were violated, as well as what measure will be taken.

According to the rules of Article 193 of the Labor Code of the Russian Federation, the person punished must be familiarized with the contents of the order within three days after its signing. If you refuse to familiarize yourself, a report is drawn up. But this does not prevent punishment. It should be noted that only one measure can be applied for an offense.

The order must be included in a special accounting list and assigned a separate number.

Judicial practice

In the court, there was a discussion of a person’s appeal to annul the manager’s decision to apply sanctions to the employee in the form of , as well as a deduction in favor of the initiator of funds for the period of an unforeseen interruption in activity.

During the study of the content of the initiator’s request, it was established that the latter had a working relationship with the company. During his activity, he did not commit any offenses. However, interaction with him was interrupted due to repeated violations.

A representative of the organization explained that during its activity the initiator had complaints from management. On general meeting authorized specialists, it was decided that the person had repeatedly violated his obligations. The collective discussion was formalized in a protocol, which reflected the proposal to the manager to end the relationship.

Apart from this, no other materials were presented to substantiate the company’s position. That is, all the facts cited as examples were not documented. The person was not punished for violations.

After studying all the materials presented and interviewing all those who appeared, the court issued its conclusion. Since at the time of termination of the relationship the person had no existing penalties, the head of the organization had no reason to terminate the interaction. In this regard, the initiator’s requests were fully satisfied. He was reinstated. Money was withheld from the company in favor of the person for the entire period of the break. The organization also paid the costs of the discussion.

Sample documents

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