Application of disciplinary action
The procedure for the application of disciplinary sanctions is regulated by labor law, therefore, each employee must understand whether the employer has the right to apply this or that disciplinary sanction to him.
Types of disciplinary action
Dismissal, as a disciplinary measure, can be applied only on the grounds provided by labor law. For example, if the head of an organization, branch or representative office, or the chief accountant made an unreasonable decision, which resulted in a violation of the safety of property, or its unlawful use. The head of an organization, branch or representative office can also be dismissed if he has grossly violated his work duties once, or he has been systematically grossly violated the rules of the organization’s charter within one year. The Labor Code provides for other grounds for dismissal for certain categories of workers.
Labor legislation strictly prohibits the imposition of disciplinary actions on workers who are not provided for by the regulatory framework governing this field of activity. The employer must consider the severity of the misconduct before imposing a disciplinary action on the employee.
Before applying a disciplinary measure to an employee, the employer must request a written explanation from him. If within two working days the employee did not provide this explanation, the employer must draw up a corresponding act. It should be remembered that if the employee has not provided an explanation in written form, this is not an obstacle to the application of a disciplinary sanction to him.
A disciplinary sanction may be applied to an employee no later than one month after the discovery of the fact of misconduct. This period does not include the period of temporary disability of the employee, as well as periods of the employee on leave. Disciplinary action is applied at a time to each misconduct committed by the employee. The application of a disciplinary sanction must be documented with the order or instruction of the supervisor. With the order or order of the head on the application of a disciplinary sanction to him, the employee must be informed, which must be recorded by his signature within three days from the date of issuance of the order or order. An employee may refuse to familiarize himself with the order or order imposing a disciplinary measure on him. In this case, the employer shall draw up the corresponding act.
The application of a disciplinary measure may be appealed by an employee in the state labor inspectorate.
Removal of disciplinary action
Disciplinary action may be removed from the employee at his request or at the initiative of the employer. Removal of the disciplinary sanction is carried out within a year from the date of its imposition, if no other misconduct has been noted for the employee during this period.
If after a year from the date of the application of the disciplinary punishment, the employee was not subjected to a new disciplinary sanction, it is considered that he does not have a disciplinary sanction. Thus, at the end of the calendar year, the disciplinary punishment is considered to be automatically lifted if the employee has not committed any other misconduct.
Based on the above, MirSovetov can conclude that the labor law provides for three types of disciplinary sanctions of varying severity. When choosing the type of disciplinary action, the employer must take into account the gravity of the offense. The procedure for the appointment and removal of disciplinary action is also spelled out in the labor law. It is obligatory for execution by the employer and the employee. If the employee does not agree with the disciplinary action that the employer imposes on him, he may apply to the state labor inspectorate with a request to investigate the situation.
