Any of us can make a mistake in the course of carrying out our job duties. And often you have to pay for these mistakes with the imposition disciplinary action. In accordance with Part 1 of Article 194 of the Labor Code of the Russian Federation, if an employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction. But to wait a whole year, it is long enough, it is obvious that there may be an early removal of a disciplinary sanction.
From this article you will learn:
- Legal basis for early removal of a disciplinary sanction.
- The procedure for the removal of a disciplinary sanction ahead of schedule.
Early removal of a disciplinary sanction - legal basis
The possibility of early removal of a disciplinary sanction is established by part 2 of article 194 of the Labor Code of the Russian Federation. The employer has the right to remove a disciplinary sanction from the employee:
- on their own initiative;
- at the request of the employee;
- at the request of the immediate supervisor of the employee;
- at the request of the employees' representative body.
The procedure for early removal of a disciplinary sanction
From part 2 of article 194 of the Labor Code of the Russian Federation, it follows that the early removal of a disciplinary sanction is preceded by either own initiative employer, or the initiative of the employee, or the initiative of third parties authorized to do so. With the initiative of the employer himself, everything is quite simple: he made a decision and removed the disciplinary sanction with his administrative act. The initiative of other persons must be formalized in the form of a petition, the form of which is not established by labor legislation. We believe that this can be any written document (memorandum or memorandum, petition, etc.) containing a request for the removal of a disciplinary sanction and substantiating this request.
An application for early removal of a disciplinary sanction is filed in the name of the employer and must contain the following data:
- information about the employee;
- data on his bringing to disciplinary responsibility;
- a request for early removal of a disciplinary sanction;
- arguments indicating that the employee deserves early removal of the penalty.
For example:
memo
By order of the head of the education department of August 31, 2017 No. 31, specialist Ivanov Ivan Sergeevich was brought to disciplinary responsibility for violating the deadlines for submitting reporting documentation. For improper performance official duties Ivanov I.S. reprimand was issued.
At the end of the third quarter of 2017, specialist Ivanov I.S. all reporting documentation was provided to the interested authorities ahead of schedule and without comments. For the period of application of the disciplinary sanction Ivanov AND.C. internal rules work schedule were not violated, complaints from colleagues and other persons regarding Ivanov AND.C. not received.
I believe that specialist Ivanov I.S. completely revised his attitude to the performance of labor duties and is no longer a violator of labor discipline. Based on the foregoing, I ask you to consider the possibility of early removal of a disciplinary sanction from Ivanov AND.S.
Head of Department
In the event that the employer considers it possible to early remove the disciplinary sanction from the employee, he will issue an order to this effect. unified form there is no order to remove the disciplinary order, so it can be written arbitrarily on the letterhead of the organization. The order must specify:
- what disciplinary sanction is removed;
- grounds for lifting the disciplinary sanction.
For example:
On the removal of disciplinary action
In connection with conscientious performance of his duties by specialist Ivanov Ivan Sergeevich, early transfer of reporting information for the third quarter of 2017,
I ORDER:
From October 20, 2017, remove the disciplinary sanction in the form of a reprimand applied by Order No. 31 of August 31, 2017.
Reason: memo of the head of the department.
Summarizing
Everyone knows the catchphrase that the one who does nothing is not mistaken. But if the employee is able to admit and correct his mistakes, then it is advisable for the employer to practice the early removal of a disciplinary sanction. This will be an additional way to stimulate employees, because the removal of a previously imposed penalty is nothing more than an encouragement.
31.08.2019
In case of violation of the norms established by internal regulations, a working citizen may be held liable.
As a result, a disciplinary sanction is imposed on him, which has a certain period of validity.
After the expiration of this period, and if the employer wishes, and before this moment, the employee is relieved of punishment.
Terms according to the Labor Code of the Russian Federation
In the process of conducting labor relations, there are various situations. For almost every violation, the manager has the right to apply a disciplinary sanction to the employee.
The specific type - remark, reprimand or dismissal, is determined depending on the severity of the case.
The removal of the penalty from the employee occurs after one year, this is the standard period of validity of the punishment under the Labor Code of the Russian Federation. This rule is relevant provided that within 12 months from the moment the penalty was announced, the employee did not commit repeated violations.
The most radical method of holding an employee accountable is dismissal.
Upon termination of the employment relationship, the penalty is not removed from the violator. Only reprimand and remark are subject to removal.
In some situations, the employer may release the specialist from punishment ahead of schedule. The procedure for the implementation of such actions is regulated by Article 194 of the Labor Code of the Russian Federation.
Recovery can be announced only within a month from the moment of revealing a violation of the internal regulations of the company.
In the event that the employee's illegal actions were discovered during audit, this period is extended to 2 years.
Thus, the imposed disciplinary sanction is considered to be removed after one year automatically or early if there are grounds for it.
The procedure for early cancellation of punishment
Early withdrawal of a penalty implies release from punishment within a period of less than 12 months from the moment the measure of restraint was applied.
The initiative in this case may come from the following participants in the labor relations:
- employee;
- head of the structural unit;
- employer;
- team;
- union professionals.
The current Labor Legislation does not reflect the moment of early withdrawal of the penalty.
After considering the citizen's appeal, the authorized bodies make a decision, on the basis of which the request of the worker is satisfied, or he is refused.
How to remove a reprimand from an employee?
A reprimand is a form of punishment for an employee, ranging in severity between reprimand and dismissal.
When announcing such a penalty, the employee should be extremely careful and try to prevent such violations of discipline, because such repeated misconduct can lead to dismissal.
The validity period of the reprimand is 12 months. After this period, the disciplinary sanction is canceled automatically.
Legal acts do not establish a clear technology for withdrawing a reprimand. Despite this this procedure It is customary to carry out through the implementation of successive actions: 
- Step 1. Making an application.
Relevant in the event that the initiative to remove the penalty does not come from the head. With automatic cancellation, documentation is not issued.
- Step 2. Making an order.
The paper is drawn up on the condition that the employer does not mind removing the penalty from the offending employee.
- Step 3. Making adjustments to the employee's personal card.
The fact of announcing and withdrawing a reprimand in without fail is recorded in a card issued in the T-2 form.
If the decision to withdraw is made by the employer on its own, only an appropriate order is issued.
Each document must be drawn up in accordance with the established rules:
Petition
The document is drawn up in free form; there is no unified form for its execution.
The petition has several parts:
- hat;
- preamble;
- main part.
The header contains standard information - information about the employer, company name, initials and position of the compiler.
After that, information about the employee in relation to whom the documentation is being drawn up is indicated.
It is important to describe the type of disciplinary sanction and the violation for which it was issued.
In the main part, it is necessary to reflect the request itself and the circumstance in connection with which it is required to release the employee from punishment.
For example, for success in work, unquestioning fulfillment of the orders of the head, etc.
The petition is signed by its originator, he also puts the date of registration of the document. The paper can be drawn up on behalf of the collective. In this case, all colleagues of the offender must leave their signatures and initials.
Download a sample application for early withdrawal of the penalty -.
Order
It is issued regardless of who initiated the annulment of the penalty. Like the previous document, the order is drawn up in any form, taking into account the requirements of the company's document flow.
The manager must have the following information:
- company data;
- serial number and date of issue of the order;
- information about the offender - initials, position;
- grounds for early withdrawal of the penalty;
- the essence of the order;
- employer's signature.
A disciplinary sanction is removed automatically if several conditions are met:
- a year has passed since the announcement of the reprimand;
- during the period of the reprimand, the employee did not commit repeated violations.
Download a sample order to remove the penalty ahead of schedule by a court decision, at the initiative of the employer -
There is nothing pleasant in the fact that the boss shows his subordinates his claims and dissatisfaction with the results of the work. Worse than this can only be a situation where the anger of the leadership finds its outlet on paper in the form of a disciplinary order. In addition to moral discomfort, this type of punishment will prevail over the employee for the entire period, as long as the reprimand is in effect, and may entail more serious consequences.
Normative base
Important! It should be borne in mind that:
- Each case is unique and individual.
- Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.
To get the most detailed advice on your issue, you just need to choose any of the proposed options:
The main document of labor legislation is rightfully considered the Labor Code. In it, article 192 defines an exhaustive list of disciplinary sanctions for most professions and employees. According to the code, there are only three of them:
- comment;
- dismissal.
And if it were not for the reservation about the possibility of establishing additional measures of influence on representatives individual professions and spheres, no one has ever been able to even mention the concept of a stern reprimand.
Separate categories
Despite the fact that every second boss threatens to issue a severe reprimand to the employee, such a statement is valid only for those who can classify themselves as military personnel or employees of the Ministry of Internal Affairs. Only laws 342-FZ on service in the Ministry of Internal Affairs and 76-FZ on the status of the military contain a mention of two types of reprimands.
For all categories of workers, after the announcement of a reprimand, the next problem will be the question of how long the reprimand lasts. The general term is stipulated in Art. 194 TC and is equal to the calendar year. But it also contains a mention of the right of the employer or commander to shorten the period after which the reprimand is removed and cancel it ahead of schedule. Interestingly, for the military, the criterion for canceling a reprimand is an assessment of the educational impact on the offender. This is especially true in relation to privates and sailors, Presidential Decree of 2007 No. 1495.
Time of action
The maximum period during which a person is considered subjected to a disciplinary sanction cannot exceed one year from the moment the last punishment was imposed, Art. 194 TK.
Since the Labor Code takes precedence over all other laws relating to labor relations, the duration of any type of penalty, other than dismissal, cannot last more than one year. Separate laws can establish only shorter periods, but cannot worsen the norms of the Labor Code in relation to all categories of workers.
That is why for cases especially gross violations job duties or discipline, when the employer is not satisfied with how long the reprimand lasts, the management should think about the possibility of parting with the employee at the request of the administration.
| Employee category | Type of punishment | Declaration method | How long does it take to withdraw a reprimand early? | How long is the reprimand |
| Workers to whom special laws do not apply | Remark or reprimand | In the order (data is entered in a personal card) | At any time after its imposition, if management decides that there are clear improvements in performance | One year, if there is no management decision to cancel it early |
| Orally (do not enter into a personal card) | ||||
| Employees of the Ministry of Internal Affairs | Reprimand or remark | Orally, they are not entered into a personal file | At any time, if the management decides that the employee deserves an incentive in the form of a cancellation of the penalty | One month |
| In an order, with entry in a personal file | One year | |||
| Severe reprimand | In an order, with entry in a personal file | One year | ||
| Military | Reprimand or severe reprimand | In an order or personally at a meeting or in front of the ranks | Depending on the rank and severity of the misconduct, the penalty can be reviewed within a period of three months to a year, if the commander decided that it had fulfilled its educational function, Decree 1495 | One year from the announcement of the imposition decision. |
Features of reprimands
Each disciplinary sanction is a cause for concern for a specialist in any field of employment. For the military and employees of the Ministry of Internal Affairs, the law provided for a greater variety of types of punishments, the most severe of which are demotion or early dismissal. But for the application of the most stringent measures, phased and rather lengthy coordination will be required.
Civilian employees, under the most unfortunate circumstances, can only expect to be reprimanded, reprimanded or fired, but the mechanism for applying the most severe punishment is much simpler. Although both of them have a guaranteed right to defend their interests and challenge the decision of the leadership in court.
Commercial and municipal organizations
The reprimand issued by the management for employees of the national economy cannot be strict. Simply because such a penalty is not provided for in the Labor Code of the Russian Federation, and, in the absence of a separate law, no one has the right to apply punishments invented by the authorities. Another thing is that during the entire period, as long as the disciplinary sanction in the form of a reprimand is in effect, and this will be about a year, the employee must maintain maximum concentration.
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Article 81 of the Labor Code provides for dismissal for the repeated imposition of a disciplinary sanction.
According to the rules of office work, penalties are entered on the T-2 card and can negatively affect a career. However, if the employee has corrected himself, the penalty can be removed ahead of schedule. The procedure for lifting a disciplinary sanction is not regulated by legal acts, but there is a certain practice of applying this procedure.
What is a disciplinary action
Discipline for all staff members enterprises and measures of responsibility for its violation are regulated by Section VIII of the Labor Code. Article 192 of the code states that a violator of order can be punished in only three ways:
- issue a reprimand;
- make a comment;
- dismissed for negative reasons.
These punishments are disciplinary actions. In this case, no other types of penalties are provided. There is, of course, special responsibility, but it does not apply to all employees, but to certain categories of employees. For example, a military man who has been subjected to disciplinary punishment will never be awarded according to the charter; only one type of encouragement shines for him - the removal of the penalty.
Regarding employees commercial organizations who are subject to the Labor Code may also suffer from penalties. Not only can an employee be fired for relapse and re-punishment under paragraph 5 of Article 81, but the director also has the right to deprive an employee of a bonus who has an unrecovered penalty.
In some firms, the management, when developing provisions on bonuses, formulates one of the conditions: the bonus is charged only if there is no outstanding penalty. But such a formulation can also be contained directly in employment contract. Meanwhile, the penalty is valid for a year, which means only one thing: the violator of discipline runs the risk of being left without a bonus for a whole year.
Reminder
Although in work books and penalties are not reflected, they fit into the T-2 form, and therefore the personnel officer keeps control over the attitude to the discipline of each full-time employee.
Removal of a disciplinary sanction
The director can remove the penalty, or he will be forced to do so by a labor inspector or a commission on labor disputes.
So, according to the norm of Article 193 of the Labor Code, a punished employee may not agree with the penalty imposed on him and appeal against the actions of the management to the GIT or to the dispute commission, if such operates in the organization.
Note
The following decisions may be made on the complaint:
- satisfy the complaint if violations of the Labor Code are observed (an order is issued to annul the discipline order);
- refuse satisfaction if the management acted within the legal framework.
Accordingly, upon satisfaction of the complaint, an order should be issued: to cancel the order on discipline in relation to the employee for a specific violation.
The procedure for removing a disciplinary sanction from an employee
Article 194 of the Labor Code clarifies that after a year has passed since the issuance of an order on discipline, the punishment is removed automatically. However in some cases, you can withdraw the penalty ahead of schedule.
The Labor Code does not consider cases in which penalties are removed ahead of schedule, however, in its 191st article there is a basis for encouragement: for conscientious work in a company. This ground can be applied by analogy to the procedure in question.
So management's decision may be influenced by facts showing the conscientiousness of the punished employee, for example:
- no complaints about work for a certain period;
- introduction of rationalization proposals;
- plan overfulfilment;
- prevention of accidents, accidents;
- active participation in public works etc.
Having seen in the actions of the employee the grounds for repaying the imposed penalty, you can apply the procedure described in Article 194 of the Labor Code:
- the head, having drawn conclusions from personal observations, can initiate the removal of the penalty himself (an order is simply issued);
- the employee can ask the director about it (on personal reception stating arguments).
- the immediate superior of the punished person may apply to the director (either the chairman of the trade union committee or a representative of the collective).
How to remove a disciplinary sanction. Decor
Only two documents usually appear in the recovery procedure:
- petition;
- order.
If the initiator of the procedure is a director, then the registration will consist of one stage: you just need to issue an order. But if the collective decides to intervene in the fate of a colleague, the director must first be conveyed a request for leniency towards the punished person by sending a petition addressed to him.
Petition for removal of a disciplinary sanction
No legal acts or instructions regulate the procedure for registration 
petitions, so it is written in free form. Naturally, the document must be understandable, and therefore it must be clearly structured. The structure consists of the elements:
- hat;
- preamble;
- pleading part.
In the header, you need to specify, as usual:
- Name and position of director;
- Name and position of the applicant.
The text of the petition can be written as follows:
Welder MPTs Razin A.A. for being late for work, a reprimand was announced and an order No. 13-d dated 09/10/2016 was drawn up against him. Currently, Razin behaves in a disciplined and responsible manner. . Thanks to his vigilance, the accident of the heating system was prevented: he saw and eliminated the consequences of improper pressure testing of the system. As a result, the company did not suffer losses. Based on the foregoing, I ask you to early withdraw the penalty against Razin A.A.
The petition is dated and signed by the applicant. It can be signed and submitted by:
- foreman, head of the section, workshop, department, foreman;
- chairman of the trade union committee;
- team representative.
If the director makes a positive decision on the application, an order is issued.
Order to remove the disciplinary sanction
There is no required form, so you need to draw it up according to the accepted in the company 
business rules. The order must contain:
- Company name;
- date and registration number;
- information about the employee (name, position, department);
- grounds (petition or decision of the director);
- director's visa;
- introduction string.
The text of the order can be made according to the example:
Due to the fact that the welder of the MPC Razin A.A. 20.09.2016 the accident of the heating system was prevented and, in accordance with Article 194 of the Labor Code, I order: disciplinary sanction imposed by order No. 13-d dated 10.09.2016. Reason: the petition of the head of the MPC Grishin A.V.
All persons listed in the order must familiarize themselves with the order. The procedure for lifting a disciplinary sanction will be completed when the signed and endorsed order with a petition attached to it is enclosed in a folder according to the nomenclature. After that, the personnel officer will write down the details of the order on the T-2 card and the penalty will be considered withdrawn.
- Automatic the removal of a disciplinary sanction occurs after the expiration of time and cannot be recast.
We will find out after what time this overlay can be removed. Validity - 1 year.
current punishment removed, if absent for this period repeated overlays.
If in any questionnaire it is required to indicate the existence of a punishment, one year after them overlays the employee must write "no".
Repeated disciplinary sanction before the expiration of the year of its application extends the first. The countdown begins anew, from the moment the order for punishment is issued. for the last misdemeanor.
The wording in the order systematic violation' will be correct in this case.
- Early removal of disciplinary action.
Initiator early withdrawal of penalty may be the employee himself, the employee's superior, the trade union committee or the employer.
Any, including oral, disciplinary sanction is considered withdrawn if, for a long time, the employee showed himself positively.
In favor of the one who corrected the situation by conscientious work and the absence of comments on labor discipline, a written request on the removal of a disciplinary sanction (a sample is available for download below) to the head.
Statement for the removal of a disciplinary sanction (sample order below in the article) should contain the date and number of the primary order, again the essence of the violation in the document can not be recorded.
Appeal procedure
There are situations when the employee does not agree with the imposition or with. Cause not only absence, but also lack of evidence of the employee's guilt, as well as incorrect documentation.
Proper documentation of events in labor relations will allow interested parties to defend their interests in the event of disagreement.
On the part of the employee, unlawfully imposed recovery may be one of the instances:
- commissions on labor disputes;
- labor inspection;
- judicial order.
Let's see what the procedure for lifting a disciplinary sanction is. Commission on Labor Disputes (hereinafter referred to as CTC) - operates at the enterprise where there is a trade union organization. This body or court must submit statement of claim on the removal of a disciplinary sanction (), where give reasons and motives for which the employee considers the penalty unreasonable.
The applicant keeps a copy of the application with a mark of acceptance. If there is no KTS at the enterprise, then a similar application is sent to the labor inspectorate.
Complaint needed substantiate links to specific articles Labor Code which, according to the applicant, the employer violated. In any case, the employer will have to justify (read about how to issue a disciplinary sanction and who has the right to impose it).
Now you know how to remove a disciplinary sanction in the form of a remark.
Important! A disciplinary sanction is not applied after 6 months from the date of the act.
Documentation
For an employer, incorrect or incomplete documentation of a misconduct committed by an employee can result in additional costs.
A positive court decision to cancel the disciplinary sanction will impose an additional estimate on the company.
So, for the reinstatement of an unlawfully dismissed employee, the enterprise will have to, at a minimum, pay legal costs, and the employee wages during forced walk.
Considering that the time for passing cases in courts is measured in months, you can lose quite an impressive amount.
Making a claim, personnel workers need to check all aspects of compliance with the Labor Code:
- No more than one penalty for a misdemeanor shall be applied.
- Complied .
- It was taken from the guilty person or made to provide it.
- The date of the order does not coincide with the day when the employee was on sick leave, on vacation, or in the performance of public duties.
- The employee is familiar with the recovery order.
- Other.
On the other hand, for the worker important to apply maximum of documents in your defense. For example, an employee punished for systematic delays can submit copies of their explanatory notes with a printout of the route to work and traffic jam maps for the date and time of the delays.
Besides, the signature of the employee on the documents is required.
AT this case governing the work schedule.
This is the beginning of the working day, the time of the break, the duration of the working time, the place of performance of duties.
Punishment for misconduct or being late should not be a "lifetime stigma".
We hope that now you know the procedure for appealing and lifting a penalty. The legally fixed opportunity to remove it is designed to improve the quality indicators of labor, help the employee to draw the right conclusions and work successfully in the future.