Disciplinary action

The imposition of disciplinary punishments is provided for by the Labor Code of the Russian Federation , disciplinary charters (for example, the Disciplinary Statute of the Armed Forces of the Russian Federation ^[1] , the Disciplinary Statute of the Internal Affairs Bodies ), laws (for example, the Law on Civil Service in Russia) ^[2] . to the customs authorities of the Russian Federation ") ^[3] , other laws and regulations (for example, the Regulation" on the law enforcement service in the organs of control of narcotic drugs and psychotria pnyh substances " ^[4] ), local regulatory acts .

Article 192 of the Labor Code provides for the following types of disciplinary action:

• remark ;
• reprimand ;
• dismissal on appropriate grounds.

According to Art. 193 of the Labor Code of the Russian Federation, prior to the application of a disciplinary sanction, the employer must request a written explanation from the employee. The employee usually provides his explanations in a document such as an explanatory note.

Reprimand in labor law. Reprimand is given with indication of place, date, time and reason for foreclosure. When signing an employment contract, the employee becomes familiar with his duties, labor discipline rules and grounds for reprimand. To reprimand an employee, the employer is required to require an explanatory note from him in which the employee presents his version of what happened. The reprimand is not entered into the workbook. But if the employee is dismissed for systematic violation of labor discipline, in the order of dismissal all reprimands are mentioned, and this order is given in the work book. If such formalities are not complied with, the employee may challenge the punishment, because he did not know that his actions violated any rules, and that these actions are grounds for reprimand.

Federal laws, statutes and discipline regulations may provide for other disciplinary measures. Thus, the federal law “On the State Civil Service of the Russian Federation” provides, in addition to the above, a warning about incomplete official compliance.

The following types of disciplinary sanctions may be applied to military personnel:

• rebuke;
• severe reprimand;
• the deprivation of another dismissal from the location of a military unit or from ship to shore;
• deprivation of the badge of the excellent student ;
• warning of incomplete service compliance;
• outfits out of turn, the number depends on the severity of the offense;
• reduction in military positions ;
• reduction in military rank by one degree;
• decrease in military rank by one level with a decrease in military position;
• early dismissal from military service due to the failure of the soldier to comply with the terms of the contract ;
• deduction from the military educational institution of vocational education;
• deduction from military charges ;
• disciplinary arrest .

Disciplinary penalties include dismissal on negative grounds (for absenteeism , appearing at work in a state of alcoholic or toxic intoxication, one-time gross violation or systematic violation of discipline, disclosure of secrets protected by law, violation of labor protection requirements and others - article 81 of the Labor Code).

Only disciplinary measures provided for by law can be applied .

When imposing a penalty, the severity and circumstances of the offense shall be taken into account. For one offense, only one disciplinary sanction can be imposed (penalties do not include liability ). Prior to the imposition of a penalty in any case, a written explanation is requested from the person who committed the offense.

For each disciplinary offense, only one disciplinary sanction can be applied.

• Disciplinary responsibility
• Disciplinary misconduct
• Disciplinary proceedings
• Content in a disciplinary military unit
• An official investigation

• Disciplinary law // Encyclopedic dictionary of Brockhaus and Efron : 86 t. (82 t. And 4 add.). - SPb. , 1890-1907.

• Labor Code of the Russian Federation.
• Reference personnel officer.