Issuing a reprimand for violation of labor discipline. Order of disciplinary action - sample and form

One of the types of disciplinary sanctions that an employer has the right to apply to an employee is a reprimand (Article 192 of the Labor Code of the Russian Federation). We will tell you in our material how to draw up an order to reprimand an employee, and also provide a sample order of a disciplinary sanction in the form of a reprimand.

When is a reprimand order issued?

A reprimand is a medium-severe type of disciplinary sanction, between a reprimand and dismissal. But this does not mean that a reprimand must be preceded by a remark, or that the employee cannot be reprimanded when the Labor Code of the Russian Federation even allows the employee to be fired. The employer establishes the procedure for applying reprimands to employees independently, taking into account the provisions of employment contracts, internal labor regulations, organizational and administrative documents of the employer, and, naturally, the severity of the disciplinary offense and the circumstances of its commission. The only important thing is that for a specific disciplinary offense only one disciplinary sanction can be applied (Part 5 of Article 193 of the Labor Code of the Russian Federation).

In general, a reprimand is applied for committing a disciplinary offense, that is, failure or improper performance by an employee, through his fault, of the work duties assigned to him (Part 1 of Article 192 of the Labor Code of the Russian Federation). This may include violation by an employee of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc. (Clause 35 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

Moreover, even if the employee does not provide an explanation, the employer, after two working days, may issue an order to reprimand for improper performance of official duties.

The employer is given 1 month from the date of discovery of the misconduct to issue an order for disciplinary action in the form of a reprimand. Such a day is considered the day when the employee’s immediate supervisor learned that the employee had committed a disciplinary offense. In this case, it does not matter that the direct manager, for example, does not have the right to impose a disciplinary sanction himself (clause 34 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2). The monthly period does not include the time of illness of the employee or his vacation (Part 3 of Article 193 of the Labor Code of the Russian Federation).

It is also important to take into account that a disciplinary sanction cannot be applied later than 6 months from the date of commission of the offense, and for an offense identified, for example, as a result of an audit, no later than 2 years from the date of commission (Part 4 of Article 193 of the Labor Code of the Russian Federation).

Reprimand for violation of labor discipline: sample order

The employer decides for himself how to issue an order for a reprimand, because there is no single, mandatory form for such an order. Typically, the order (instruction) contains the following information:

Full name and the position of the employee who is being reprimanded;
the essence of the disciplinary offense indicating, say, the clause of the employment contract, job description or article of the Labor Code of the Russian Federation, which the employee violated by his misconduct;
the circumstances of the offense, the degree of its severity and the employee’s guilt.

The employer is obliged to familiarize the employee with the order of reprimand against signature within 3 working days from the date of its issuance (not counting the time when the employee was absent from work). If an employee refuses to sign to familiarize himself with the order, a report must be drawn up about this.

Here is a sample order for disciplinary action (reprimand).

Employees of budgetary organizations are required to comply with the general requirements of labor legislation and local regulations. This is approximately what Article 189 of the Labor Code of the Russian Federation sounds like.

Internal work rules are the main and important local act regulating the behavior of personnel. If it is approved, then a sample order will not be needed. They also distinguish technological and production disciplines, which are also relevant to the topic of the article, because thanks to them, order is ensured in production, technological requirements and conditions are met. Here are the most common violations:

being late for work or leaving early without permission;
absenteeism;
dishonest performance of labor duties;
violation of labor protection rules;
showing up at work under the influence of alcohol or drugs;
theft, embezzlement or damage to the employer's property;
disclosure of trade secrets;
waiver of mandatory medical examination or training;
insubordination;
ignoring the rules, instructions and orders of management adopted in the organization;
immoral act (often found in educational institutions).

Is it possible to replace a reprimand with a fine?

The concept of a fine is absent in labor legislation, so be careful and do not use such terms in local acts of the enterprise, especially do not apply such measures as a disciplinary sanction. An order to impose fines for violation of labor discipline will be illegal and can easily be canceled in court.

Financial penalties may affect the amount of the premium. But even here you need to be extremely careful in choosing wording. Under no circumstances should you write that a reduction in bonus is a disciplinary measure. Typically, the Bonus Regulations state that if there is a “remark” or “reprimand” in the reporting month, no bonus will be awarded. That is, for an offense you will apply a legal penalty, but you will punish financially indirectly. It's legal.

A disciplinary order is issued to an employee in order to hold him accountable for wrongdoings (actions).

Management resorts to drawing up such a document in cases where an employee has committed illegal actions or has not properly fulfilled the labor obligations assigned to him, or has violated the internal regulations of the organization.

Types and measures of disciplinary sanctions

If a person fails to fulfill the assigned production task through no fault of his own, he cannot be found guilty. The article providing for penalties for legal violations also prescribes the following types of disciplinary sanctions:

warning- can be stated in the form of a warning note, in a certain form explaining to a person the essence of his offense and possible options for correction;
rebuke- when a simple remark is not enough, as a rule, they resort to a reprimand, which clearly explains the essence of the problem in order to prevent the employee from repeating it in the future;
dismissal- if previous disciplinary sanctions are ineffective, the employer has the right to resort to dismissal of such an employee.

In some cases, other forms of disciplinary sanctions are applied (deprivation of a bonus, for example), this is determined by the management of a particular organization, taking into account the severity of the employee’s misconduct.

In what cases is this order issued?

When a company employee violates the rules established by the organization, does not comply with job descriptions, or violates certain disciplinary norms, he must be held accountable for committing illegal actions. For this purpose, the management of the enterprise draws up and issues an order to impose a disciplinary sanction on it.

It is drawn up only in cases where the employee's guilt is obvious. If he did not fulfill the requirements of the job description due to the lack of necessary equipment and materials, he is not considered guilty.

According to statistics, today enterprises most often issue orders for penalties for the following offenses:

violation of labor discipline (for example, for being late for work or absenteeism);
failure to comply with job descriptions;
for alcohol intoxication.

In most cases, they are the results of various types of checks, including those carried out by the prosecutor's office. An employee of an enterprise bears full responsibility for any violation: from internal rules to orders of various ranks of governing bodies. But if an employee fails to comply with certain points of the job description for reasons beyond his control, he is released from such responsibility (the order is not issued).

How is this documented?

To issue an order, the manager must receive an explanatory note from the employee and, after considering it, reflect the results in a resolution or memorandum. If an employee refuses to provide such a written explanation, the manager draws up a special act.

In the event of a complex disciplinary violation, a special commission conducts an internal investigation in order to objectively assess the degree of its severity and consequences.

It must be carried out when accidents occur, the cause of which is precisely a violation of labor discipline. If there are serious reasons, the manager has the right to transfer the results of the expert investigation to law enforcement agencies.

It is important to consider that for each case of disciplinary offense, a separate order for punishment is issued. This document and its execution also have their limitations: if more than a month has passed since the commission of the offense, the disciplinary sanction may be lifted (its validity period should not exceed 6 months from the date the violation was discovered).

By whom and how is the order drawn up?

An order to impose a penalty is issued by the head of the company, based on the employee’s explanations. They can also hold department heads and deputies accountable, but after considering the application of the corresponding representative body.

Before drawing up an order to impose a penalty, the employer must objectively assess the severity of the offense committed in order to make the right decision, since the Employment Agreement provides for several forms of disciplinary penalties (in the form of a reprimand, reprimand, dismissal).

By law, each offense can only result in one penalty. To bring to this form of responsibility such an order is issued.

The law does not provide for a standard form for this document, therefore, as a rule, the general form of the organization is used for the order. This document can be drawn up exclusively by the person who hired the employee, and its administrative part must contain the following information:

type of violation;
the time of the commission of the offense and its discovery;
documents on the basis of which the order for collection is issued (an explanatory note from the employee, a report from the director, in some cases the corresponding act);
form of penalty imposed.

The order, as a rule, is issued in one copy, filed in the order. 2 copies are made from it (for issuance to the offender and storage in the personal file). The manager must sign this document and bring it to the employee’s attention personally. After reviewing it, the employee must also sign it. In most cases, a note about punishment is not entered in the work book (except in cases of dismissal).

Is it possible to lift a disciplinary sanction prematurely?

After 1 year from the date of such a penalty, if the person no longer had penalties, it is usually removed. But in some cases it can be removed at any time from the moment of application (within a year). In case of early withdrawal, the head of the enterprise issues a corresponding order, which reports the following data:

the reason for the premature lifting of the disciplinary sanction;
grounds for lifting the penalty;
date and number of the order on its imposition.

After the employee familiarizes himself with the signed order, they usually make a couple more copies, since it is also published in a single copy. The original document is filed in the work order, and copies are attached to the personal file and handed over to the employee.

Creating a document in a specialized program

The video shows the process of creating and filling out a collection order in 1C:

Labor discipline is the rules of conduct that apply at a particular enterprise and which every employee must comply with. Local documents stipulate the procedure for hiring and dismissing workers, the rules and responsibilities of the administration and employees, the procedure for imposing penalties and other legal relations within the workforce, for which violations penalties will be applied. In addition, if an employee has committed an offense, then a sample order on violation of labor discipline must be drawn up.

Possible penalties for labor violations

Labor legislation provides for three types of punishments that can be implemented in practice by the enterprise administration in relation to the offending employee:

rebuke;
comment;
dismissal.

Some specialized regulations stipulate other types of penalties for certain categories of specialists. For example, a penalty in the form of a warning may be imposed on the judge.

General rules for drawing up an order

Regardless of the form of ownership of the enterprise, a sample order on violation of labor discipline must contain the following information:

company data;
place, number and date of compilation;
details of the employee on whom the penalty is imposed;
an offense for which punishment is imposed;
severity and degree of guilt;
type of punishment applied.

In some cases, it is more rational to issue 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 a violation, so that, as they say, it would be distasteful to others.

It is mandatory that the employee to whom the disciplinary measure is applied must be familiarized with the order and signed. If the employee refuses, the administration of the enterprise is obliged to draw up a corresponding act about this.

How is a reprimand given for failure to perform official duties?

First of all, the enterprise administration is obliged to establish the fact of a violation. That is, find out if there are any justifying documents or mitigating circumstances, for example, in a situation where the employee was late after lunch.

The employee must then be asked for a written explanation. If he refuses, then a report about this is drawn up with the obligatory involvement of witnesses.

After this, an order is drawn up. By the way, there is no standardized form for a sample order of reprimand for violation of labor discipline, so it is drawn up in free form, but in compliance with the general rules adopted for such documents.

The order must indicate the type of penalty, in this case “reprimand” and a reference to the relevant local act or law, the norms of which were violated.

For example, if an employee regularly fails to 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 fulfill professional duties, in terms of timely execution of construction contracts and for lack of control over the fulfillment of the obligations assumed 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 drawn up as follows:

“... For violation of clause 3.3. Rules…., specifically for being 4 hours late, I ORDER….”

If an employee is intoxicated at work

For such offense, as a rule, one is immediately fired. But there are situations when an employee committed such an act once and is valued at work. In this case, you should draw up a sample order for violation of labor discipline (drunkenness) and bring the offender to disciplinary liability.

Under any circumstances, the fact of intoxication must be recorded before imposing a sentence. First of all, an employee who finds someone drunk at work must inform management or the official responsible for personnel matters. After this, the administration creates a commission to conduct an internal investigation.

The commission has the right to send a drunk person for 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 based on testimony. Next, the offending employee is asked to provide a written explanation, which he must provide to the enterprise administration within two days. If an explanatory note is not submitted, then a corresponding act is also drawn up about this.

After this entire procedure, the enterprise administration has the right to draw up a sample order for violation of labor discipline and impose a disciplinary sanction.

Warning for wrongdoing

If the administration has come to the conclusion that the employee should not be held accountable for the first offense, then a sample warning order for violation of labor discipline can be drawn up. Its text could be as follows:

“... In connection with the violation of clause 3.1. Internal labor regulations, full name and full name of the manager, which resulted in absence from the workplace for 30 minutes after the lunch break, I ORDER:

Do not bring manager F.I.O. to disciplinary liability.
Warn the manager, full name, to prevent similar offenses in the future....”

This sample order for violation of labor discipline must be familiarized to the offending employee.

What you shouldn't forget

Many employers confuse the procedure for removing bonuses (in full or in part) with imposing a disciplinary sanction. However, these are completely different things, and this should be remembered when drawing up a sample order of reprimand for violation of labor discipline.

First of all, bonuses can be deprived only if this is stipulated in local regulations and the cases in which payments can be deprived are clearly specified. If the offense falls under the stipulated situation in local acts, then the order must indicate that 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.

A reprimand is a special type of disciplinary sanction that is applied to employees who have violated certain internal rules, committed negligence and errors in work, and also have any other offenses against the organization. It is believed that a reprimand is a punishment of medium severity, intermediate between a simple reprimand and dismissal, a serious warning about the inadmissibility of repeating such violations.

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An important condition is that a reprimand is issued only in cases where it is established that the offense was committed precisely through the fault of the employee, and not due to some external factors (force majeure, fires, accidents, floods, etc.).

Before issuing an order

The procedure for imposing disciplinary sanctions is strictly regulated by the labor legislation of the Russian Federation. In particular, any order relating to employees of an organization, including this one, must have some written basis. In this case, their role is usually played by

a memorandum from the head of the structural unit in which the offending employee works,
explanatory note from the employee,
an act establishing the discovery of a violation, etc.

If an employee refuses to provide an explanation for the misconduct that occurred, this must be recorded in a separate document.

The employer has the right to issue an order to issue a reprimand no later than a month after the fact of the offense is established (this does not take into account the employee’s illness, vacation, etc. periods of absence on legal grounds). Do not forget that for one offense the employer has the right to impose only one disciplinary punishment out of three main ones:

dismissal,
rebuke,
comment.

Rules for drawing up an order

Today there is no standard unified form for an order to issue a reprimand. Enterprises and organizations can develop its form at their own discretion and based on their own understanding of this document or use widely used templates. In any case, when creating it, you must adhere to certain standards.

In particular, this document must contain information about the employer and employee, the reason for the reprimand and links to supporting documents.

The employee in respect of whom the order is issued is obliged to familiarize himself with it and put his signature on it. If you refuse to sign a document, you need to draw up a corresponding act (you should never forget that a subordinate can challenge the employer’s actions in court or complain about him to the territorial labor inspectorate).

Information about a single reprimand is not entered into the employee’s work book, but is recorded in the order of dismissal for systematic violations, if such occurs during the period of its validity.

The order form itself, completed in accordance with all the rules, after entering into force, is transferred for storage to the archive of the enterprise, where it is kept for the period established for such documents by the legislation of the Russian Federation.

Rules for completing an order

The order is issued in a single copy

on a regular A4 sheet
or on the company’s letterhead (the latter option is preferable - there is no need to additionally enter the organization’s details).

You can write it either by hand or print it on a computer. But regardless of which option is chosen, the order must be certified with a “live” autograph of the head of the organization. There is no need to put a seal on it, since it relates to the internal documentation of the enterprise and, moreover, since 2016, legal entities may not use seals and stamps at all to endorse papers.

An example of writing an order to issue a reprimand

Filling out the document header

At the very beginning of the document, usually on the right or left (it doesn’t matter), the name of the company is written indicating its organizational and legal status (i.e. CJSC, OJSC, Individual Entrepreneur, LLC). Then the word “Order” is entered, its number is entered in accordance with the document flow within the company, and the date of its creation is indicated. Next, two or three words indicate the meaning of the document.

Filling out the body of the document

This is followed by the information part of the order. This includes detailed information about the violation and the reason for the penalty (in other words, the essence of the claim against the employee is described). The date of the offense, surname, patronymic name, employee and a link to the law regulating the employer’s actions in such situations must be noted here.

Further, after the word “I order”, a corresponding order is entered to issue a reprimand and a person responsible for its execution is appointed (usually this is the immediate supervisor of the offender or the head of the personnel department - here you must indicate his position, last name, first name, patronymic). Below are links to the documents that became the basis for the order (, act, etc.).

Signatures of interested parties

Finally, the order must be certified by the signatures of all interested officials, including the head of the company, the head of the structural department and the offending employee himself.

After the order is issued

A reprimand order can have a wide range of consequences. Most often, this is deprivation of a bonus or any other bonuses on the part of the employer (but this is possible only if the company uses a bonus system). Another option for the development of events if the employee does not draw conclusions from the current situation and continues to commit violations in his work is a repeated reprimand and further dismissal.

It is worth noting that the order to issue a reprimand is a priori valid for one year. But if the employer wants to remove it ahead of schedule, then he can do this at any time by issuing an appropriate order.

After the reprimand order is terminated, it is considered that the employee has no disciplinary action and is “clean” before the employer.