Violation of discipline article. Penalty for violation of labor discipline: basis, registration. What penalties can be imposed for violation of labor discipline?

Such actions, among others, may include:

  • reward for good work;
  • application of disciplinary sanctions for misconduct.

Labor discipline and legislation The legislative basis for norms on labor discipline is concentrated in the Labor Code of the Russian Federation. The Code contains a separate chapter devoted to labor discipline (Chapter 30). It defines the basic requirements for incentive measures for employees, types of disciplinary sanctions, the procedure for applying and lifting disciplinary punishment in relation to different categories of workers. In addition, the norms of the code describe violations of labor discipline that may result in dismissal, as well as the procedure for documenting these violations. The peculiarities of the application of the requirements of the Labor Code were commented on by the Supreme Court of the Russian Federation in the resolution of the plenum “On the application of the Labor Code by the courts of the Russian Federation” dated March 17, 2004 No. 2.

Violation of labor discipline under the Labor Code of the Russian Federation: examples and consequences

Help In its most general form, PVTR usually include:

  1. general procedure for hiring, transferring and dismissing employees;
  2. rights and obligations of employees and employers in relation to each other and other team members;
  3. operating procedures of the company and its individual divisions;
  4. work and rest schedules for various categories of company employees;
  5. the procedure for applying penalties and incentives used in the organization;
  6. other issues regulating the rules of labor activity at the enterprise.

The text of the developed document is approved in accordance with the established procedure by the head of the company. If the organization has a trade union, it must also approve the draft document.

Labor discipline and responsibility for its violation

Types of violations of labor discipline Depending on the norms of the labor process, the following three types of violations of labor discipline by an employee are distinguished:

  • technological (violation of technological standards);
  • violation of subordination and coordination in the process of labor management (violations of management norms);
  • violation of working hours and rest time (violation of regime norms).

Thus, the release of defective products due to the fault of an employee will be a technological disciplinary offense, and, for example, absenteeism can be considered a violation of regime norms. Depending on the type of violation, the causes of the incident are investigated and the necessary documents are collected.

Violations of labor discipline

In case of systematic delays, Ivanov A.A. a reprimand may be issued, but the law does not allow a reprimand to be issued immediately after the first offense. A reprimand may result, for example, from failure to fulfill his official duties by the warehouse manager V.V. Petrov, which resulted in financial losses for the enterprise in the form of failure to sign an agreement with suppliers. The employee may be given a regular or severe reprimand (at the discretion of the employer).
A one-time violation that entails dismissal can be an employee’s appearance at the workplace in a state of intoxication, theft of official property, or actions that provoked an accident or accident at work. Any decision on disciplinary action may be appealed by the employee in court. Then the help of a professional lawyer competent in matters of labor legislation of the Russian Federation will be relevant.

Violation of labor discipline

If the employee has provided an explanatory note, an act of violation and a report from the employee’s immediate superior are attached to it. This package of documents is transferred to senior management in order for a decision on recovery to be made. Order to impose a penalty After studying the circumstances of the disciplinary offense committed and studying all the documents, the head of the enterprise issues an order on violation of labor discipline.


There is no standard form for such an order (except for the dismissal order, which is drawn up according to forms No. T-8 and No. T-8a, approved by Resolution of the State Statistics Committee of Russia dated January 05, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment"), but the document must reflect the disciplinary offense, the time and date of its commission, the type of penalty and list the regulatory documents.

Disciplinary offense

  • absenteeism;
  • systematic lateness after the lunch break or at the start of the working day;
  • Unacceptable appearance – presence at the workplace in a state of intoxication (alcohol, drugs or toxic);
  • neglect of labor protection and safety rules, which led to an accident or accident;
  • cases of theft of company property, its damage;
  • inadequate level of fulfilled obligations (low quality, non-compliance with established requirements);
  • disclosure of an organization's trade secrets;
  • non-compliance with subordination (disobedience to orders from superior employees, disregard for the hierarchy that has been established in the company);
  • committing an immoral act.

If a fact of non-compliance with the rules is detected, a report on violation of labor discipline is drawn up.

Labor discipline or what to do with violators

Attention

Deprivation of a bonus as a punishment for violation of labor discipline An employer considering a disciplinary sanction for a violation of labor discipline for an employee should keep in mind that deprivation of a bonus is not considered as such by current legislation. This means that organizations are not prohibited from applying this type of sanctions to employees who have committed a particular offense. However, this is only possible if such a measure is directly provided for by the regulations on remuneration or bonuses in force in the organization.


Find out which formulation is best to use for these purposes in our material. Help Imposing a disciplinary sanction The specific type of sanction for violation of labor discipline is determined by the employer based on the characteristics of the specific situation and the possible negative consequences of the employee’s action for the organization.

When imposing a disciplinary sanction, the gravity of the offense committed and the circumstances under which it was committed must be taken into account.” Disciplinary punishment can be issued on the basis of a memo. If the employer considers this to be an insufficient reason, he can initiate disciplinary proceedings with the participation of the workforce.

The result of the commission meeting will be an act with a decision on the type of disciplinary punishment. Practice knows many examples of violations of labor discipline. Most of them relate to minor offenses and are often limited to verbal remarks.
For example, employee Ivanov. A.A. violated work regulations by showing up for work an hour later than scheduled without a valid reason. In this case, the employer may limit itself to a verbal warning, which is issued in the form of a disciplinary violation report.

Violation of labor discipline example and consequences

The document is drawn up by the employee’s immediate supervisor in the presence of two witnesses in two copies (one immediate supervisor passes it on to senior management to make a decision on penalties, the other copy is handed over to the employee). The form of the act and the employees responsible for drawing up the act must be approved by the internal labor regulations of the enterprise. Explanations from the employee The employee is required to provide written explanations regarding the disciplinary offense he has committed (it is recommended to require explanations in writing so that this fact is recorded).

Info

If the employee refuses to give an explanation, this must be reflected in the act. The employee is given two days to provide explanations. It is worth mentioning that refusal to write an explanatory note will not save the employee from being sanctioned.

  • observe labor discipline;
  • comply with established labor standards;
  • comply with labor protection and occupational safety requirements;
  • treat with care the property of the employer (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees;
  • immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property).”

In addition to the basic requirements, labor discipline rules may also specify other responsibilities of employees related to the specifics of each organization.
Responsibility for violation of labor discipline According to labor legislation, each employee is responsible for compliance with labor discipline at the enterprise and each employee must be familiar with the internal labor regulations, labor protection documents, job descriptions and other documents regulating his work activity, against signature. If an employee violates labor discipline, the employer has the right to apply penalties at its discretion, depending on the severity of the offense. The procedure for punishment for a disciplinary offense Punishment for violation of labor discipline is established by the head of the enterprise on the basis of legal norms and available information.
Act on the commission of a disciplinary offense When an employee commits any disciplinary offense, a corresponding act is drawn up.
On the Constitutional Court of the Russian Federation" dated July 21, 1994 No. 1-FKZ, a disciplinary sanction may be imposed on a judge of the Constitutional Court in the form of:

  • warnings;
  • termination of powers.

The Labor Code of the Russian Federation prohibits the use of disciplinary sanctions not provided for by laws, charters or regulations. Violation of labor regulations and disciplinary liability in the form of dismissal The most significant punishment applied in case of violation of labor discipline is dismissal “under the article”. The fact is that a note on disciplinary action in the form of dismissal is entered in the work record book, and dismissal for violation of labor discipline can forever ruin a professional biography. However, dismissal for labor misconduct is possible only if, in the presence of a disciplinary sanction (remark or reprimand), a violation is committed again.

The law provides for disciplinary liability for violation of labor discipline. But not every employee violation is a disciplinary offense. Let's consider what exactly can be classified as such offenses.

What can they be punished for?

Punishment may occur if the employee has committed a disciplinary offense. The legislator defines this offense as:

  • failure to fulfill labor duties through the fault of an employee;
  • performing job duties improperly (this must also be the employee’s fault).

The following are not a disciplinary offence:

  • any violations on the part of the employee that are not related to his work duties;
  • if the negative circumstances that arise are not the employee’s fault;
  • if there is no causal connection between the violation of duties on the part of the employee and the negative consequences that occur.

Violation of labor discipline

Labor discipline is the general rules and requirements established in the organization. Such rules and responsibilities are fixed in the company’s regulatory legal acts, for example, in labor regulations.

Discipline is ensured by the creation of economic and organizational conditions that are necessary for normal, highly productive work.

In order for the employer and employee to clearly understand who is responsible for what, the job responsibilities of all employees must be described in detail. All persons hired must be familiar with them. Labor responsibilities are fixed in the employment contract. They can be reflected in more detail in the individual job description.

What measures can be taken?

Disciplinary liability in labor law provides for the following types of penalties:

  • reprimand (the mildest punishment);
  • rebuke;
  • dismissal (the most severe punishment).

For some employees, the law may provide for other types of punishment. For example, a severe reprimand may be applied to customs officers, and to employees of the prosecutor's office - deprivation of a badge or a reduction in class rank.

How to choose a specific measure?

The legislator did not provide a specific list of violations for which the employer has the right to choose a specific punishment. Only the grounds for dismissal are listed when the termination of the employment relationship is due to the employee’s violation of his duties.

When choosing a punishment, the employer must adhere to the following rules:

  • it is necessary to take into account the consequences of the violation, its severity and other objective circumstances;
  • For minor violations, the most lenient punishment can be applied;
  • For each disciplinary offense, only one penalty can be applied (for example, it is not allowed to announce both a reprimand and a reprimand);

Financial liability is not a disciplinary sanction. In this regard, when holding an employee financially liable, the employer has the right to apply one corresponding penalty at the same time.

Application of penalty

Before an employer takes action against an employee who has committed a violation, the employee must be given the opportunity to explain himself. The employer must require the employee to write an explanatory note. If the employee refuses to explain, then after two days the management has the right to draw up a report about this. Based on the explanation or the act of failure to provide explanations, management must issue an order to apply the disciplinary sanction chosen by it. This order must be announced to the violator against signature within three working days. These days do not include employee absence. If the employee refuses to familiarize himself with the order and sign the order, then management should draw up a report about this.

Penalty measures applied to an employee for violation of labor discipline are approved by Article 192 of the Labor Code of the Russian Federation. In this article we will look at the grounds on which a penalty for violation of labor discipline can be issued, and we will also consider a sample act of disciplinary action.

Punishment for violation of labor discipline under the Labor Code of the Russian Federation

Article 192 of the Labor Code of the Russian Federation provides for the following types of punishments applied by the employer for violation of labor discipline by an employee:

  • comment;
  • rebuke;
  • dismissal.

The listed types of penalties are not self-exclusive and can be applied in any order, depending on the severity of the employee’s offense, as well as on the circumstances that influenced the employee’s violation.

In general, penalties for violation of labor discipline are applied in the following cases:

  1. Performing actions that led to the accident. If an employee committed actions that led to an accident, breakdown of production equipment, or endangered the life and health of other employees, then the employer has the right to bring the culprit to justice under the Labor Code of the Russian Federation.
  2. Theft of employer's property . The basis for recovery may be embezzlement of company funds, theft of production equipment, use of company property and damage to it.
  3. Systematic violation of labor regulations. An employee who is regularly late for work, leaves the workplace prematurely at the end of the working day (shift), and also violates other labor regulations may be subject to penalties.
  4. Improper performance of job duties . The employer has the right to hold accountable an employee who performs his or her job duties in an improper manner, incompletely (for example, not fulfilling the plan), or in violation of the established technology.
  5. Refusal to undergo compulsory training. The Labor Code of the Russian Federation provides for the mandatory completion of fire safety training for employees, as well as a medical examination in the prescribed manner. If an employee refuses to take the established measures, the employer has the right to apply penalties to the employee.
  6. Insubordination . Refusal to carry out the manager’s order, direct disregard of his recommendations, as well as actions committed by an employee with the aim of undermining the authority of the boss may serve as grounds for bringing the employee to justice based on the provisions of the Labor Code of the Russian Federation.

In addition, penalties may be applied to an employee who comes to work under the influence of alcohol or drugs. In this case, the employer does not need to prove the systematic nature of illegal actions. Also, for penalties, it is not necessary that the employee committed actions that led to the accident, because being in the workplace while intoxicated in itself poses a threat to the work process, and in some cases, to the safety of employees.

Is it possible to fine an employee for violating labor discipline?

Clause 4 of Art. 192 of the Labor Code of the Russian Federation approves the inadmissibility of penalties in a form other than that provided for by the Labor Code of the Russian Federation, as well as federal labor laws. Thus, the employer does not have the right to collect fines or make other deductions from the employee’s salary in connection with his violation of labor discipline.

At the same time, the employer can “punish” the employee financially if the employee’s salary is paid with a variable part (salary + bonus/surcharge/bonus). In this case, the recovery is carried out on the basis of an employment contract, according to which the employer has the right not to pay the employee a bonus in case of violation of labor discipline, if there is the necessary documentary evidence.

How to file a penalty for violation of labor discipline

Below are step-by-step instructions that will help the employer file a penalty for violation of labor discipline.

Stage-1. Establishing the fact of violation of labor discipline

The first stage of the penalty is to establish the fact of violation of labor discipline by the employee. In general, this fact is determined on the basis of a memorandum drawn up by the employee’s manager or colleague. The form of the memorandum is not established by law, so the manager can draw up the document in free form, indicating in it:

  • Full name, position of the employee who violated labor discipline;
  • fact of violation (description, date);
  • information about other violations committed by the employee previously;
  • request for disciplinary measures (reprimand, reprimand, dismissal).

Stage-4. Obtaining explanations from an employee

After receiving the report, the head of the company contacts the employee to obtain an explanation as to the reasons for the incident. As a rule, a conversation with an employee is carried out orally, followed by the employee drawing up an explanatory note.

Like a memo, an explanatory note is drawn up by an employee in free form addressed to the head of the enterprise. In the text of the document, the employee describes the reasons for his misconduct, and, if necessary, supports his explanations with documents confirming the presence of valid reasons (for example, if he does not show up for work, sick leave may be provided).

The deadline for submitting an explanatory note is within 2 days from the date of issuing the report regarding the identified violation.

Stage-3. Drawing up an act of violation of labor discipline

Based on the report, other documents confirming the employee’s violation of labor discipline, as well as the employee’s explanatory note, the head of the company, in the presence of two authorized persons (company employees), draws up a report on violation of labor discipline.

In the text of the document, the employer describes the circumstances of the violation, as well as the employee’s explanations. If an employee refuses to provide an explanatory note, this fact should be recorded in the act.

After drawing up the act, it is signed by the manager, authorized persons who were present when drawing up the document, as well as the employee in respect of whom the fact of violation of labor discipline has been established (column “Acquainted”).

The act is drawn up in 2 copies, one of which is transferred to the personnel department to be reflected in the personal file of the offending employee, the second copy is given to the employee for review.

Stage-4. Drawing up an order for disciplinary action

Based on the act, the manager issues an order to impose penalties on the employee who has violated labor discipline. When determining a sanction (reprimand, reprimand or dismissal), the following is taken into account:

  • the systematic nature of the actions taken;
  • presence of other facts of violation on the part of the employee;
  • employee reputation (level of responsibility when performing work, professionalism, attitude of colleagues).

The order is the basis for the application of penalties (remark or reprimand) with subsequent reflection in the personal file (Form T-2). An entry about a reprimand or reprimand is not made in the work book.

If the manager decides to dismiss an employee due to misconduct, then on the basis of the order to apply a disciplinary sanction, a dismissal order is drawn up, followed by an entry in the work book.

Labor discipline(labor discipline) - obligatory obedience for all employees to the rules of conduct determined in accordance with laws, employment contract, internal rules labor regulations and other acts of the organization. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

For violation labor discipline, expressed in the commission of a disciplinary offense, i.e. non-fulfillment or improper fulfillment by an employee through his fault of the duties assigned to him labor duties, the employer, depending on the offense, has the right to apply the following disciplinary sanctions:

 remark;

 reprimand;

 dismissal for appropriate reasons.

In accordance with Art. 193 of the Labor Code, before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If the employee refuses to give the specified explanation, a corresponding act is drawn up. The employee’s refusal to provide an explanation is not an obstacle to application disciplinary action.

The application of a disciplinary sanction is formalized by an order (instruction) of the employer, which is announced to the employee against signature within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), a corresponding act is drawn up.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time the employee was ill or on vacation, and based on the results of an audit, inspection of financial and economic activities or an audit - no later than two years from the date of its commission.

For each disciplinary offense only one disciplinary action.

Information about penalties in work book are not entered, except in cases where disciplinary action is dismissal (Article 66 of the Labor Code).

Violation of any condition of use disciplinary action is the basis for its cancellation at the request of the employee.

If within a year from the date of use disciplinary action(reprimand or reprimand) the employee will not be subjected to new disciplinary action, then it is considered not to have disciplinary action. Employer before the expiration of a year from the date of application disciplinary action has the right to remove it from the employee on his own initiative, at the request of the employee himself, or at the request of his immediate person.

45. Material liability of employees

The Labor Code of the Russian Federation defines the financial responsibility of an employee as his obligation to compensate the employer for direct actual damage caused to him.

Conditions for bringing an employee to financial liability

The Labor Code of the Russian Federation establishes the following conditions for the occurrence of financial liability of the employee(the absence of at least one of them excludes liability):

    the presence of direct actual damage - a decrease in the employer’s property or deterioration in the condition of this property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make costs or excessive payments for the acquisition or restoration of property ;

    illegality of conduct;

    proven guilt of the employee;

    the presence of a causal connection between the employee’s unlawful behavior (actions or inaction) and the damage caused.

The employee is financially liable both for direct actual damage directly caused by him to the employer, and for damage incurred by the employer as a result of compensation for losses to other persons (for example, damage to rented equipment).

At the same time as financial liability, the employee may be subject to disciplinary, administrative or criminal liability.

The period for bringing to financial responsibility is no later than one month after establishing the amount of damage caused.

Amount and limitations of the employee’s financial liability

For damage caused, the employee bears financial responsibility within the limits of his average monthly earnings. In addition, the Labor Code also outlines full financial liability, according to which the employee is obliged to compensate the direct actual damage caused to the employer in full.

Employees under the age of eighteen bear full financial responsibility only for damage caused by:

    intentionally

    in a state of alcohol, narcotic or other toxic intoxication,

    as a result of committing a crime or administrative offense.

Financial liability in the full amount of damage caused to the employer can be established in the cases provided for in Art. 243 Labor Code of the Russian Federation.

Lists of works and categories of employees with whom agreements on full financial liability can be concluded, as well as standard forms of these agreements, are approved in the manner established by the Government of the Russian Federation. It should also be remembered that an agreement on full financial responsibility cannot be concluded with an employee under the age of 18.

Types of financial liability

The Labor Code identifies the following types of liability:

- Limited(Article 241 of the Labor Code of the Russian Federation). It arises regardless of whether a liability agreement has been concluded or not, in the event of direct actual damage being caused to the employer. Article 241 of the Labor Code of the Russian Federation limits such liability to the employee’s average monthly earnings.

- Full(Article 242 of the Labor Code of the Russian Federation). Occurs in strictly defined cases by law on the basis of a concluded liability agreement and involves full compensation for damage caused to the employer.

- Individual(Article 244 of the Labor Code of the Russian Federation). An employee who has entered into an individual liability agreement with an organization bears full responsibility for the safety of the property that he personally received according to the reporting document (even if sometimes other persons have access to this property).

- Collective(Article 245 of the Labor Code of the Russian Federation). If a team (for example, a team) carries out work related to the storage and use of inventory, and also if it is impossible to delineate the limits of responsibility of each employee, collective (team) financial liability may be introduced.

The procedure for bringing to financial responsibility

The amount of damage caused to the employer in the event of loss and damage (damage) to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.

The procedure for bringing an employee to financial liability:

1. Determine the amount of damage;

2. Determine the degree of responsibility of the employee;

3. Create a commission to establish the reasons;

4. Receive an explanatory note from the guilty employee;

5. Draw up a report on the results of the internal investigation;

6. Familiarize the employee with the inspection materials;

7. Issue an order to recover the amount of damage caused from the employee;

8. Register the order;

9. Familiarize the employee with the order.

Article 247 of the Labor Code of the Russian Federation imposes on the employer the obligation to conduct an inspection of inventory items before making a decision on compensation for damage by the employee (employees). The purpose of such an inspection is to establish the fact of damage, establish the extent of damage and determine the reasons for its occurrence.

Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly salary, is carried out by order of the employer. The order can be made no later than one month from the date of final determination by the employer of the amount of damage caused by the employee.

If the employee admits his guilt and is ready to voluntarily compensate for the damage caused to the employer, the parties to the employment contract can enter into an agreement on compensation for damage with an installment plan.

Article 138 of the Labor Code of the Russian Federation contains a rule according to which, if an employee agrees to voluntarily compensate for damage, You cannot deduct more than 20% of your earnings from him.

Methods of compensation for damage caused can be different: payment of funds, deduction from wages, repair of damaged property, replacement with an equivalent one, etc.

The employer has the right to reduce the amount of compensation for damage caused by the employee, or to refuse compensation altogether.

In order to be able to apply penalties to an employee for violation of labor discipline, it is necessary to know exactly what such a violation is and what type of violation of labor discipline the offense belongs to.

From the article you will learn:

Labor discipline is a set of rules of conduct that is mandatory for all employees of an organization, from the manager to the lowest level. This includes the following accepted by the enterprise:

  • internal labor regulations,
  • labor safety rules,
  • corporate ethics and so on.

Download documents on the topic:

What are the types of labor discipline violations?

Depending on the established standards of the labor process, the following types of violations of labor discipline by an employee are distinguished:

  • violation of management norms - subordination and coordination in managing the work process;
  • violation of technological standards;
  • violation of regime norms - working hours and rest periods.

Based on this gradation, the release of defective products through the fault of an employee is considered a technological disciplinary offense, and absenteeism or significant lateness is considered a violation of regime norms.

Read also on the topic:

  • Rudeness towards a client may be considered a violation of discipline
  • Legal norms of labor legislation: what an employer must not violate

Responsibility for violation of labor discipline

According to the labor legislation of the Russian Federation, each employee is responsible for compliance with labor discipline at the enterprise. When hired, a newcomer familiarizes himself with the internal labor regulations, job descriptions, labor protection documents and other rules governing his work activity by signature.

If an employee violates labor discipline, the manager may, at his discretion, apply penalties to him depending on the severity of the offense.

What penalties can be imposed for violation of labor discipline?

According to Article 192 According to the Labor Code of the Russian Federation, the employer has the right to apply the following penalties to the employee:

  • comment;
  • rebuke;

Moreover, as part of a reprimand, the employer has the right to deprive the employee of a bonus if such a possibility is provided for in the internal documents of the organization.

Remark for violation labor discipline issued if the disciplinary offense was the first in the employee’s work life, and the violation itself is not considered gross and did not entail serious consequences for the enterprise.

The remark in itself does not threaten the specialist with any special troubles; if the employee commits another disciplinary offense in the near future, we can talk about a systematic violation of labor discipline.

A reprimand is issued for a disciplinary crime (misdemeanor) committed and can be ordinary or severe. The reprimand is not entered in the work book, but is recorded in the order for the enterprise. This action is noted in the employee’s work book only if, as a result of improper performance of job duties or systematic violation of labor discipline, he is fired.

Dismissal for violation labor discipline is an extreme measure of punishment. It can be applied in the event of a systematic violation of labor discipline by an employee and failure to fulfill his duties, as well as in the commission of a gross disciplinary offense. For example, educational institutions may fire a teaching staff member who has committed an immoral act.

What is the procedure for filing a penalty for a disciplinary offense?

The punishment for violation of labor discipline is established by the head of the enterprise on the basis of legal norms and available information. However, the penalty must be justified, and the severity of the punishment must be proportionate to the offense committed.

Draw up a report on the commission of a disciplinary offense. The document is drawn up in two copies by the employee’s immediate supervisor in the presence of two witnesses. The form of the act and the employees responsible for its preparation must approve the internal labor regulations of the organization.

Request a written explanation from the employee regarding the disciplinary offense he committed. The refusal to provide explanations must be reflected in a special act.

If the employee has provided an explanation, together with the violation report and a report from the employee’s immediate supervisor, the document is submitted to the management of the enterprise to make a decision on imposing a penalty.

Issue a garnishment order. After studying the circumstances of the disciplinary offense, the documents available on the case, and deciding on the type of punishment, the head of the company issues an order on violation of labor discipline.

The document must reflect the disciplinary offense, the time and date of its commission, the type of penalty imposed, and indicate the regulatory documents. The order must be endorsed by the head of the enterprise, the immediate superior of the offending employee and the head of the personnel department. The employee must be familiarized with the order for collection against signature within 3 days. A copy of the order is filed in the employee’s personal file.