Art. 193 of the Labor Code of the Russian Federation. The procedure for the application of disciplinary action
Not always the relationship between the employer and the employee flow without conflict. There are often cases when employees violate the norms established at the enterprise. In Art. 192, 193 of the Labor Code of the Russian Federation provides rules for bringing workers to responsibility, as well as measures to influence them. The law requires the employer to comply with the established procedures in order to avoid disputes.
Applying Art. 192, 193 of the Labor Code of the Russian Federation, the employer before the punishment of the employee must request a written explanation from him. An employee is given 2 days to submit a document. If no explanation has been provided at the end of this period, the lessee shall draw up the relevant act. The absence of explanations from the employee is not considered an obstacle for imposing sanctions.
They are provided for in Art. 193 of the Labor Code of the Russian Federation. The procedure for applying liability measures is as follows. Penalty is imposed no later than 1 month.since the discovery of misconduct. At the same time, the time of illness, being on leave, and the period required to take into account the views of the trade union are not taken into account. In accordance with the provisions of Art. 193 of the Labor Code of the Russian Federation, disciplinary sanctions cannot be imposed later than six months, and according to the results of an audit, audit of financial and business operations or an audit - after two years from the moment of the violation. The period does not include the period of criminal proceedings. For each offense, the law permits to apply any foreseen penalty, but only one.
Art. 193 of the Labor Code of the Russian Federation prescribes the employer to issue an order imposing a penalty on the employee. This document is provided to the employee for review under the signature within three days after publication. This period does not include the absence of a citizen from work. If a person refuses to familiarize himself with the order and sign it, the law requires that the relevant act be issued. The employee has the right to appeal the penalty in the labor inspectorate or in the body authorized to consider individual disputes.
Art. 193 of the Labor Code with comments
In accordance with clause 1 of the norm, the employer must, prior to the imposition of a penalty, require an explanation from the employee. It is necessary to establish all the circumstances of the violation, determine the degree of guilt of a citizen. Meanwhile, Art. 193 of the Labor Code of the Russian Federation stipulates that failure to provide such an explanation will not be an obstacle to imposing a penalty. If, 2 days after the request is submitted, the employee’s explanations will not be received, the employer shall draw up the relevant act. If a dispute arises about the legality of the application of a measure of responsibility, then this document will testify to the employer's compliance with the established procedure.
They are established by paragraph three of Art. 193 of the Labor Code of the Russian Federation. In the norm, in particular, the terms are determined during which it is allowed to impose a penalty on the offender. Monthly period is calculated from the date of detection of offense. It is the day when the person to whom the employee submits finds out about the violation committed. In this case, it will not matter whether this superior officer has the right to apply penalties or not. If as a sanction for the violation is dismissal of sub."D" of clause 6 of the first part of Article 81, the calculation of the monthly period begins from the date of entry into force of the court decision (sentence), the act of the body / employee authorized to review administrative cases.
In the established according to Art. 193 of the Labor Code of the Russian Federation, the period does not include the time during which the employee was absent at work due to his stay on sick leave or on vacation. In the latter case, all days that are provided to a citizen in accordance with the legislation are taken into account. In particular, we are talking about annual (additional and major) vacations, the period of study, the period of rest without saving earnings. If dismissal acts as a penalty, the period required to take into account the views of the trade union, if its accounting is mandatory, is not included in the term. The absence of an employee for other reasons, including those associated with the use of time off, regardless of their duration (for example, during shift work), established by Art. 193 of the Labor Code of the RF does not interrupt.
Art. 193 of the Labor Code of the Russian Federation prohibits the imposition on the employee of more than one penalty for one offense. Meanwhile, if after his imputation the employee continues not to perform or improperly perform duties,the employer may impose a new sanction on him, up to and including dismissal in accordance with Article 81 (Part 1, Clause 5). In this case, it is necessary to take into account that the employer can apply the penalty even when the employee has applied for termination of the employment contract on his own initiative before the violation is allowed. This is due to the fact that the relationship in such a situation ends at the end of the period set aside for notice of dismissal. At the same time, an employee who has terminated a contract cannot be brought to disciplinary responsibility.
Disciplinary penalties apply mainly the head of the company. Other employees can hold employees liable only if they have the appropriate powers, which they are vested with by order of the director, bylaws, and other local acts. The use of foreclosure is not the responsibility of the employer. In this regard, the employer, taking into account all the circumstances of the incident, may not impose a sanction on the employee, limiting himself to oral remarks or conversation. When applying penalties, the employer must follow the established procedure.In case of violation of the rules provided for in the Code, the authority authorized to consider a labor dispute on the legality of a sanction may declare it illegal. According to established practice, the order to prosecute the violator is brought to the attention of all staff. If the employee believes that the sanction has been applied to him in the absence of grounds or a measure of influence is disproportionate to the gravity of the offense, he may appeal against the actions of the management.