Labor discipline - these are the rules of conduct that apply to a particular company and which every employee must observe. Local documents stipulate the procedure for the employment and dismissal of employees, the rules and responsibilities of the administration and employees, the procedure for penalties and other legal relations within the labor collective, for which violations penalties will be applied. In addition, if an employee committed a misconduct, then a sample order of violation of labor discipline is mandatory.
Possible penalties for labor violations
Labor legislation provides for three types of punishments that can be implemented in practice by the administration of the enterprise in relation to the guilty employee:
- rebuke;
- comment;
- dismissal.
Some specialized regulatory acts stipulate other types of penalties for certain categories of specialists. For example, a judge may be charged with a warning.
General rules for drafting an order
Regardless of the form of ownership of the enterprise, a sample order on violation of labor discipline should contain the following information:
- company data;
- place, number and date of compilation;
- details of the employee who is charged;
- misconduct for which punishment is imposed;
- severity and degree of guilt;
- type of punishment applied.
In some cases, it is more rational to make a warning order, that is, if the administration is ready not to punish the employee, but still it is impossible to remain silent about the fact of violation so that, as they say, others are not familiar.
Without fail, the employee to whom the disciplinary measure is applied should be familiarized with the order signed. If the employee refused, then the administration of the enterprise is obliged to draw up a corresponding act about this.
How reprimanded for neglect
First of all, the enterprise administration is obliged to establish the fact of violation. That is, find out if there are any justifying documents or extenuating circumstances, for example, in a situation where the employee was delayed after lunch.
After that, a written explanation must be requested from the employee. If he refuses, then an act is drawn up with the obligatory involvement of witnesses.
After that, an order is drawn up. By the way, there is no uniform form for the reprimand order for violation of labor discipline, therefore it is compiled in a free form, but in compliance with the general rules adopted for such documents.
The order must specify the type of penalty, in this case “reprimand” and a link to the relevant local act or law, the norms of which were violated.
For example, if an employee does not regularly fulfill his immediate duties, the preamble of the order may read as follows:
“... .. Based on Art. Art. 192, ... Labor Code of the Russian Federation, for regular failure to perform professional duties regarding the timely execution of work contracts and for the lack of control over the fulfillment of obligations undertaken by the enterprise under these contracts, I ORDER ... ”
The administration of the enterprise should act in a similar way if a person is absent. A sample order for violation of labor discipline for absenteeism can be issued as follows:
“... For violation of clause 3.3. Rules .... precisely for being 4 hours late, I ORDER .... "
If the employee is intoxicated at the workplace
For such a fault, as a rule, they immediately dismiss. But there are situations when an employee has committed such an act once and is appreciated at work. In this case, you should draw up a model order for violation of labor discipline (drunkenness) and bring the offender to disciplinary liability.
In any circumstances, before being sentenced, the fact of intoxication should be recorded. First of all, an employee who finds a drunk at the workplace is required to inform the management or official responsible for personnel matters. After that, the administration creates a commission to conduct an internal investigation.
The commission has the right to send a drunk to a medical examination. However, as practice shows, employees do not agree to this, and they cannot be forced. In such cases, the commission draws up an act on the basis of evidence. Further, a written explanation is requested from the offending employee, which he must provide to the administration of the enterprise within two days. If an explanatory note has not been submitted, then a corresponding act is also drawn up about this.
After all this procedure, the administration of the enterprise has the right to draw up a model order for violation of labor discipline and impose a disciplinary sanction.
Warning for misconduct
If the administration came to the conclusion that for the first offense it is not necessary to hold the employee accountable, then you can draw up a sample order of a warning about violation of labor discipline. Its text may be as follows:
“... In connection with the violation of paragraph 3.1. The rules of the internal labor schedule, manager, name, which was expressed in the absence at the workplace for 30 minutes after the lunch break, I ORDER:
- Do not bring manager F.I.O. to disciplinary liability.
- To warn the manager F. I. O. about further prevention of such misconduct .... "
With such a model of the order on violation of labor discipline, it is mandatory to familiarize the offending employee.
What should not be forgotten
Many employers confuse the withdrawal procedure (in whole or in part) with disciplinary action. However, these are completely different things, and this should be remembered when drawing up a model order for reprimanding for violation of labor discipline.
First of all, it is possible to deprive the bonus only if it is stipulated in local acts and clearly stipulated cases in which it is possible to deprive payments. If the misconduct falls within the stipulated situation in local acts, then the order must indicate that the payment in the form of a bonus (or part thereof) will not be made for violation of labor discipline, with reference to the clause of the rules or regulations on bonuses.