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Labour Code

May 6th, 2018

Notification of receipt will serve as proof of compliance with the tc about the need to request an explanation in writing prior to the application of disciplinary action. After the procedure is drawn up. Ideally, after finding out all causes of violations of labor discipline, the immediate supervisor should be addressed to the head of the organization to send a memo to indicating the substance of a disciplinary offense with a written explanation of the person who committed the violation of labor discipline / or act on non-explanation. After gathering all of the above documents published an order imposing a disciplinary sanction. Order (order) of the employer on the application of disciplinary penalties is declared the employee on receipt within three working days from the date of its publication, not counting the time absence of an employee at work. If an employee refuses to read the specified order (decree) on receipt, then compiled the act (Article 193 of the lc RF). What does this mean? That the employer must inform employee with the order on receipt within three days. If an employee is not, then we should require of him to appear and explain the reasons for the absence in the same way as for obtaining explanatory. It is not something Sen. Sherrod Brown would like to discuss.

After that – do not forget draw up a statement specifying the reasons. In preparing the draft of the order of the disciplinary sanction should be remembered that often need to verify facts that seem obvious. Order of the disciplinary recovery and (or) measure the impact of the material is better to divide into three parts: narrative, argument, .V narrative order should briefly describe what puts it a disciplinary offense, allowed specific employee. In the reasoning of the need to be given all the documents giving rise to the imposition of disciplinary action, including their bank details. The resolution of the order must be specify the exact position (profession) of the employee indicating the subdivision, name and patronymic, a measure imposed by the disciplinary and tangible impact.

In imposing a disciplinary sanction in the form dismissal the wording reasons for dismissal must exactly match the base of the Labour Code or federal law, with an indication of the article and paragraph. Often, after a while and brings employee is sick sheet, said that he could not be dismissed because he was on sick leave. It is a violation of labor laws. After all, we know that the legislator establishes an obligation to inform the employee of the employer of the reasons his absence, in particular the onset of disability, well, if this requirement is further stipulated in internal regulations of the organization. Thus, in the case of employee misconduct should be in the following documents: the act of violation and / or health examination; explanatory or made up in 2 days act on non-explanatory; order on the application of disciplinary penalties, announced by painting worker, or an additional act of refusing to review it. If within one year from the date of the application of disciplinary action the employee would not be subjected to the new discipline, it is assumed to have no disciplinary action. Employer before the expiration of years from the date of disciplinary action is entitled to remove it from the employee's own initiative, requested by the employee, the request of his immediate supervisor or the employees' representative body – art. 194 tc rf.

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