In any enterprise, it is important to maintain labor discipline. Usually applied monetary motivation of employees. But employers use reprimand as a disciplinary action. This measure is documented, as described in the article.
Basic concepts
Disciplinary action refers to the remark, reprimand and dismissal. Considering the norms of the law, the use of disciplinary punishment in the form of a remark is considered a mild result, unlike reprimand. The consequences may be in the form of harsh criticism of the actions of the employee.
A reprimand is the negative attitude of management to the employee’s behavior, to his miscalculations, due to which some negative consequences for the team appeared. This measure is usually a warning before dismissal. It is assumed that more such situations should not arise. A reprimand as a disciplinary sanction is issued in the form of an order. Execute it for various violations of labor discipline.
Measures
For comments in the organization, consequences may be established. For example, for this there will be a deduction from the premium, and for reprimand - the deprivation of this allowance. All employees should be aware that non-payment of a premium is not considered a disciplinary action, it is only a method of influence. Reprimand, remark - disciplinary sanctions applied in all organizations.
These disciplinary provisions are needed in large organizations with thousands of employees. “Corporate ethics” involves the use of a reward and punishment system. According to the Labor Code of the Russian Federation, employees and management of organizations can themselves agree on a system of penalties for misconduct. But in practice, oral reprimands and deprivations of bonuses are often used.
In Soviet times, a concept such as severe reprimand was used. The disciplinary action of this type is now no different from the usual reprimand. In any case, it involves a conversation between the manager and the employee about any violations of labor discipline. It is assumed that the employee should then rectify the situation.
Application
A reprimand order as a disciplinary sanction is created only on formal grounds. For example, if the employee has not fulfilled the assigned duties or ignored the instructions of the management. All work functions should be indicated in the job description of the employee. There is also a specific mode of operation, daily routine. If an employee refuses to work overtime, this cannot lead to liability.
A reprimand as a disciplinary sanction is prescribed for:
- Constant lateness. Tracking is done using a bandwidth system or a timed camera.
- Delays in assignments. For example, a report delay. These instructions are executed in writing.
- Failure to fulfill obligations, resulting in material damage or other negative consequences for the institution.
A reprimand as a disciplinary sanction is not issued for a subjective assessment of the actions of an employee. For example, "for the lack of perseverance that is applied while working with clients." But if the client filed a complaint against the employee, that is, confirmation of the unprofessionalism of the employee.
Decor
A disciplinary sanction in the form of a reprimand should be documented if an employee’s misconduct is discovered. If he is late at work or absent without good reason, an act is drawn up. It is possible to receive a memo from the head, if there was no violation of official duties. Then you need to get a written explanation from the employee, where the reasons and motives for this behavior should be indicated.
According to these documents, further processing takes place. There is no single form of reprimand as a disciplinary sanction. You can only use a standard sample. The document must include the following information:
- FULL NAME. and position held accountable.
- Description of misconduct: its essence and date.
- Reason: details of the act, memorandum, where the violation is indicated.
- Type of recovery. For example, a disciplinary order in the form of a remark. Additionally, other negative consequences that may occur for the employee may be indicated.
The employee must review the disciplinary order in the form of a reprimand. It must be signed in 3 business days. Then comes the time of the reprimand as a disciplinary action. A sample order is in the article. This document is used in most companies.
Employee Implications
According to the Labor Code of the Russian Federation, there are no negative phenomena due to disciplinary liability. An employee is in the status of a violator of labor discipline a year after the appointment of such a measure. Probably, he will feel some moral pressure due to reprimand or comment. The consequence is the application of additional measures from management:
- The deprivation of the premium.
- Reduction of premium. For example, an employee was given funds for excellent results, but due to a violation of labor discipline, a decent payment will not be provided.
- Vacation transfer. In some companies, summer vacations are considered employee rewards.
Repeated misconduct is the basis of dismissal. This fact is considered a common cause of comment or reprimand. But a single delay is unlikely to be followed by a reprimand, especially if the specialist as a whole is responsible. Usually, oral suggestion or written explanation should be provided. Therefore, an official reprimand with all formalities is considered the last warning.
Appeal procedure
A disciplinary sanction in the form of a reprimand may be appealed by an employee if he does not agree with the order of the institution’s management. This is done in the state labor inspectorate and in court. These cases are reviewed by justices of the peace. For this, an application is submitted in the prescribed form.
The employer applies the penalty not without reason. He must have at least 2 documents: an act or memorandum that confirms the failure to fulfill obligations by the employee, and an explanatory note of the offender.
The employee who received the penalty, during the appeal, you can collect evidence of personal innocence. You should not rely on the testimonies of other employees - they want to continue to work, and speaking out against management usually leads to dismissal.
Withdrawal
Different types of penalties, remark and reprimand, are repaid themselves a year after the beginning of their action. This means that after 365 days the employee will be never brought to disciplinary action.
The order may be removed ahead of schedule by a new document on the abolition of the penalty. This happens when rewarding an employee. The document can be appealed to a court or labor inspectorate, for which a statement is made. This procedure will take some time to completely remove the penalty.
Conclusion
The imposition of a penalty is considered a laborious procedure, for which all legal formalities must be observed. It is advisable not to bring the matter to reprimands and comments, as well as apply other methods of influence. It is best to compromise to smooth out conflicts. This will increase productivity in the future.