for committing misconduct in the workplace rely disciplinary action types which differ from the penalties for committing an administrative offense.Apply them can only one employer with whom the offender signs a contract worker.
Types of disciplinary penalties provided for in Article 192 of the Labor Code - a reprimand, dismissal and comments.The grounds for their application are listed in several points of the first part of Article 81 of the Labor Code:
1) Claim 5 - if the employee has not once does not perform their duties without a valid reason;
2) to claim 6 - if the employee has flagrantly violated once work duties;
3) claim 7 - if such actions were committed, which lead to a loss of confidence;
4) to claim 8 - if the employee has committed an act in the workplace that violates standards of morality;
5) to claim 9 - if the head of the organization, or his deputy, chief accountant take a decision leading to the damage of property of the organization, as well as in the case of misuse of property;
6) Claim 10 - if the head of the organization or his assistants violate the duties of one-time labor, but very rough.
Types of disciplinary measures envisaged by Article 192 of the Labour Code, does not end there.For certain categories of persons employed by the charter of the discipline or federal law may establish other penalties.However, they only apply to those employees who fall under their action.At the same time, a violation of the law, when in the course are types of disciplinary measures that the Labour Code and the internal situation of the discipline are not provided.
The choice of a particular punishment is up to the employer.It must take into account the gravity of the offense committed by subordinates, and the circumstances under which it was made.In addition, taking into account all the circumstances and reasons that the head may confine comments or interviews.
If the employee before committing them to the management of misconduct filed a statement of desire on his own initiative to terminate the employment relationship, the employer may apply the sanction before the end of the notice period.And at the end of his, he may not have to punish the former employee.
applying any type of disciplinary action, the manager must comply with certain rules and procedures.If they are violated, the employee may apply to the court, after which the case admits sanctioning illegal.
So, before applying the penalty, the employer must obtain a written explanation from the slave.If the employee does not provide it within two days, a special act, which will serve as proof of compliance with the order of the head of the attraction of the offender liable in the event of litigation.
From that day on how to detect wrongdoing employee, disciplinary action may be applied to it for a month, or within six months after its commission.After this period, he can not be punished.During this period does not include the time of his stay on vacation (except days off) or on sick leave.It does not matter who first learned of the violation: the employer himself or someone from the staff.If the fault of the employee is related to financial activities, the head has the right to apply the penalty for two years starting from the date of execution.
For one disciplinary offense is permissible only one disciplinary punishment.However, if the measures taken by the employer did not change the situation, it may use a different penalty.
The same types of disciplinary penalties applicable to the leaders of the organizations themselves.However, the specifics of their powers makes a special procedure for bringing those responsible to justice and an additional reason.
