For misconduct in the workplace rely on disciplinary sanctions, the types of which differ from punishments for committing an administrative offense. Only the employer with whom the offending employee signed the contract can impose them.
The types of disciplinary punishment provided for in Article 192 of the Labor Code are reprimand, dismissal, and reprimand. The grounds for their application are listed in several paragraphs of the first part of Article 81 of the Labor Code :
1) Clause 5 - if an employee has already not once performed his labor duties without good reason;
2) Clause 6 - if the employee grossly violated labor duties once;
3) p. 7 - if such acts are committed that lead to a loss of confidence;
4) p. 8 - if the employee has committed an act at the place of work that violates moral standards;
5) Clause 9 - if the head of the organization, his deputy or chief accountant make a decision leading to damage to the property of this organization, as well as in the case of misuse of property;
6) Clause 10 - if the head of the organization or his deputies violate labor duties one-time, but very rudely.
The types of disciplinary measures provided for in Article 192 of the Labor Code do not end there. For certain categories of employed persons, other penalties may be established by the discipline charter or federal law. However, they apply only to those employees who fall under their action. And at the same time, it is a violation of the law when disciplinary sanctions are used that are not provided for by the Labor Code of the Russian Federation or the organization’s internal regulations on discipline.
The right to choose a punishment rests with the employer. He must take into account the severity of the misconduct committed by a subordinate, and the circumstances in which he was committed. In addition, taking into account all the conditions and reasons, the leader can limit himself only to commenting or conducting a conversation.
If an employee, before committing an offense, filed a statement with the management about the desire to terminate the employment relationship on his own initiative , the employer may apply a penalty to him before the expiration of the notice period. After it expires, he cannot punish a former employee.
Applying any types of disciplinary sanctions, the head must comply with certain rules and procedures. If they are violated, the employee may file a lawsuit in court, which, after considering the case, finds the application of the punishment unlawful.
So, before applying the penalty, the employer must receive a written explanation from the subordinate. If the employee does not provide it within two days, a special act is drawn up that will serve as evidence of compliance by the head with the procedure for bringing the perpetrator to justice in the event of a trial.
From the day that an employee’s misconduct is discovered, disciplinary action may be applied to him within a month, or within six months from the date of his commission. After this period, he can no longer be punished. This period does not include the time of his stay on vacation (except for time off) or on sick leave. And it doesn’t matter who was the first to know about the misconduct: the employer himself or one of the employees. If the employee’s guilt is connected with financial activities, the head has the right to apply a penalty to him within two years from the date of commission.
For one disciplinary violation, only one disciplinary punishment is permissible. However, if the measures taken by the employer did not lead to a change in the situation, he may use a different penalty.
The same types of disciplinary sanctions apply to the leaders of organizations themselves. However, the specifics of their authority determines a special procedure for holding these persons accountable and additional grounds for this.