The most severe disciplinary action is reprimand at work. Its consequences can be very different, from depriving an employee of a bonus and other incentive payments and ending with dismissal. In this case, the employer must take into account the seriousness of the offense committed by his subordinate.
Definition
A reprimand at work, the consequences of which may not be the most pleasant, is a serious disciplinary action, and in case of repeated violation of the rules of the organizationās order, it can lead to dismissal. Upon its announcement, the head must issue an appropriate order. Only in this case reprimand at work, the consequences of which do not affect the employeeās labor activity in the best way, will have legal force. It is considered a more serious penalty than a comment. It should also be concluded that a reprimand at work, the consequences of which may not affect the reputation of a subordinate in the best way, upon its repeated announcement will be the basis for termination of official relations with an employee.
Reprimand Procedure
The reprimand should be applied by the boss to the subordinate only in accordance with the labor code. In this case, the HR specialist needs to take a written explanation from the employee. In order to compile it, the subordinate is given two days. If the latter refuses to write an explanatory note, a corresponding act is drawn up in which it is recorded. After that, the employer orders the employee to be disciplined. The procedure and grounds for the reprimand are spelled out in article 193 of the labor code.
The order must be submitted to the employee under signature for review within three days after its preparation. In the event that the latter refused to sign it, this is recorded in the act.
Term
In order for the boss to be able to bring his subordinate to account for violation of the work schedule, he needs to record this fact in writing. The term for imposing a reprimand on an employee is one month. This period is counted from the moment when the boss learned about the misconduct of a subordinate. If more than six months have passed, then bringing a person to disciplinary action is no longer possible.
Appeal
A reprimand is considered the most severe punishment for a guilty employee. Because there are some cases when, after the next disciplinary action, a person is simply dismissed from the organization. In addition, the reprimand deprives the employee of the opportunity to receive a bonus, as well as other incentive payments.
Nevertheless, in practice, there are situations when bringing to disciplinary responsibility was not entirely correct and legal. In this case, the subordinate can apply to several authorities:
- to the commission for the resolution of disputes arising between the manager and the employee;
- to the judicial authority;
- to the labor inspectorate.
All these methods of influencing the boss in the future will allow him to prevent similar violations in relation to persons who were reprimanded at work. How can I appeal it in such a situation? This question is asked by every second employee who finds himself in such a situation. It is best to write a letter to the labor inspectorate and explain the whole situation, attach documents. In practice, this is considered the most effective way of influencing the leader. In addition, you can contact a qualified lawyer who will help draw up a statement to the court and advise on all relevant issues. Therefore, if the boss reprimanded the employee for work, endure or defend himself - only the latter should decide. If a person has really violated labor discipline, it is best to keep silent and continue to further perform their duties. In the event that the employer reprimanded unreasonably, you must try to protect your interests by legal means.
Effects
According to the Labor Code, information about a reprimand announced to a subordinate is no longer entered in his workbook. Nevertheless, a citizen is considered to be disciplined within one year. But in exceptional cases, the head can release the employee from him earlier if he no longer violates the rules of the organization.
In addition, all persons charged with a disciplinary sanction are interested in the question of what are the legal consequences of reprimanding at work. And they can be quite serious, up to dismissal at the initiative of the organizationās leadership. A reprimand will also hit the money-giver of the offender, because in such cases, employers deprive them of bonuses and other incentive payments.
Practice shows that the courts do not cancel the disciplinary sanctions of the leadership, which are imposed on the guilty employees again, after which the termination of official relationships occurs. Therefore, the consequences of reprimanding can be either insignificant or rather deplorable if a person commits a repeated violation of the organizationās rules of procedure.
Possibility to recover
An employee shall be held liable for violation of labor discipline for a period of up to one year. After that, the penalty is removed from him automatically. A reprimand at work, the consequences and methods of appeal are provided for by the Labor Code of the Russian Federation.
In addition, you can remove the penalty ahead of schedule, but only if such an action is approved by the head of the organization. The employee also has the right to ask the boss in writing to withdraw his reprimand from him, but only if he confirms the fact of his correction. To do this, the employee must, during the entire period of time, while the penalty is imposed on him, not commit other misconduct that would violate the work schedule.
Differences
Reprimand and remark are types of disciplinary action. There are no significant differences between them. Therefore, it should be understood that the remark is the mildest, and the reprimand is the most severe penalty that applies to the employee before dismissal. However, Art. 192 TC does not provide a clear definition of each species. What is the difference between a reprimand and a remark? This question is asked by all people without exception who have violated the work schedule. In addition, these two types of penalties have the same terms of application and certain consequences in the form of dismissal, especially if both the reprimand and the comment have already been announced to the employee more than once.
Sample
A reprimand is made out in writing in the form of an order or order of the head. It must be signed by the employee within three days. There is no specific example of the execution of an order; therefore, in each organization it is compiled in its own way and looks approximately as follows.
Name of the company _________________________
Order No. ____________
Date _________ City ________________
About reprimanding
Due to the fact that the senior master __________ (F. I.O.) was absent from the workplace for two hours from ______ to _______ without good reason, guided by Article Art. 192 and 193 TC;
I ORDER:
To declare a reprimand for an employee (F. I. O.) for violation of the work schedule stipulated by the organizationās TAC based on Art. 192 shopping mall.
Responsible for the execution of this order to assign to the head of the sales department _______ (F. I. O.).
Head of the organization ______________ (signature)
Explanation
It must be written before the supervisor reprimands the employee. For this, the employee is given two days. In addition, the explanation does not have to be written, it can be given verbally during a conversation with the leader, supporting your words with certain evidence. If a person was late for work because he felt sick and went to the doctor, this should be confirmed by a certificate from the clinic. If the reason for the delay is justified, the boss will not be able to apply a penalty to his subordinate. In the event that after two days from the employee there will be no explanation about his violations of labor discipline, an act must be drawn up, on the basis of which a reprimand will be issued. In this case, a disgruntled subordinate can appeal it in court or write a complaint to a specialized inspection.
Characteristic
Many HR specialists who have long worked in one place in the organization and do not violate the work schedule do not know what a reprimand is, how to properly declare and remove it. The Labor Code of the Russian Federation can give a complete answer to this question. A reprimand as a harsh disciplinary sanction is applied to the guilty employee before dismissal, as well as after a previous comment, for example, about constant lateness to work. In this case, the employee may be deprived of bonus payments and other cash. After applying the reprimand for the second time, the employee can also be dismissed for violation of labor discipline. In this case, even when applying to the judicial authorities to appeal the decision of the head, the authority will be on the side of the head, if he provides confirmation that the termination of service was lawful and justified.
Responsibility
In the event that the employee writes a complaint to the labor inspectorate regarding the fact that the supervisor has unreasonably applied a disciplinary sanction against him, a check will be assigned with the demand for all documents. The judicial authority can do the same if a person applies to this authority with a statement. In the event that it turns out that the penalty was imposed on a citizen unlawfully, the legal consequences of reprimanding at work will not be taken into account even the next time a person is brought to justice. In addition, the boss will have to pay his employee all withheld bonuses and other incentive bonuses. Also, the organization can be held accountable, according to the Code of Administrative Offenses.
In the event that the employee was dismissed at the initiative of the management for non-compliance with the organizationās rules of procedure, but the court found such termination of employment unlawful, the subordinate has the right to compensation for harm. He will also need to pay all withheld bonuses and allowances. After which he will be reinstated and will continue to perform official duties.