home Credit Sample order to cancel punishment. Recommendations for drawing up an order to lift a disciplinary sanction early - samples for downloading

Sample order to cancel punishment. Recommendations for drawing up an order to lift a disciplinary sanction early - samples for downloading

How to cancel an order to apply a disciplinary sanction?

Answer

Answer to the question:

It is necessary to distinguish between the concepts of “cancellation of an order” and “removal of a penalty”

1. Cancellation of the order.

The legislation does not impose specific requirements for the execution of cancellation of an order.
In practical activities, a situation may arise when it is necessary to cancel or make changes to an organization’s order (a separate paragraph of it).

These actions can only be carried out by issuing another order. At the same time, the requirements for registration are standard - they use an order form with an established set of details, follow the routine procedure for drawing up, approving and registering orders.

The circumstances that served as the motive for canceling or amending the document should be stated at the beginning of the text of the order to cancel the order.

If it is necessary to cancel a valid document (or some of its clauses), then use the standard phrase “Recognize as invalid...”. And then there is always a link to the canceled document according to the sample: order of Kolibri LLC dated 04/27/2014 No. 126 “On carrying out ...”. In other words, to eliminate any uncertainty, the canceled order is fully named in the accepted sequence - author - date - number - title.

Then you can indicate the desired date for canceling the previously issued order. However, the date is often not indicated, then the order is canceled immediately after the new one is issued.

If you need to cancel an order from the moment it was issued (it was not in effect at all), then it is customary to start with the words “Cancel the order...”. Following the example above, there is a link to the document being canceled (its date, number and name).

In the described situation, issue an order to cancel the disciplinary sanction. Such an order can be drawn up in (Article 193 of the Labor Code of the Russian Federation). For a sample, see the Supplementary Materials.

It must be issued on the current date when the employer discovered or admitted the error of his decision.

2. Removal of disciplinary action

Labor legislation provides for the repayment of disciplinary penalties. That is, from the moment of repayment, they consider that the employee has no misconduct or punishment. This is possible if, within a year after being held accountable, the employer does not bring the employee to disciplinary action again. This is stated in Part 1 of Article 194 of the Labor Code of the Russian Federation.

Details in the materials of the Personnel System:

1. Situation: What is the procedure for repaying a disciplinary sanction?

If an employee has several penalties, then either one of them or one of them can be removed.

An example of removing a disciplinary sanction

To the cashier A.V. Dezhnev was given a disciplinary sanction in the form of a reprimand. The reason is failure to comply with the orders of your immediate supervisor. However, later Dezhneva showed herself positively, and they decided to lift the penalty ahead of schedule.

Chief accountant A.S. Glebova registered in the name of the head of the organization A.V. Lvov with a request to remove the disciplinary sanction against Dezhneva. Lvov agreed to the early lifting of the disciplinary sanction, after which the person responsible for maintaining personnel records, E.E. Gromova prepared.

Ivan Shklovets

2. Situation: Is it possible to cancel a disciplinary sanction in a situation where, after its application, it became clear that the employee was not guilty of misconduct?

This is not only possible, but absolutely must be done.

To do this, issue an order to cancel the disciplinary sanction, and not about. Such an order can be drawn up in (Article 193 of the Labor Code of the Russian Federation). It must be issued on the current date when the employer discovered or admitted the error of his decision.

In this case, the employee has the right to appeal the employer’s earlier decision and demand moral compensation through the court for the fact of unlawful prosecution. The legality of this position is confirmed by the courts. See, for example, the appeal ruling of the Moscow City Court dated November 8, 2012 No. 11-6825.

Ivan Shklovets

Deputy Head of the Federal Service for Labor and Employment

3. Sample: Order to cancel a disciplinary sanction

ORDER No. 30-k

on the cancellation of a disciplinary sanction against A.V. Dezhnevoy

Moscow	07.10.2015

Due to the discovery of new circumstances

I ORDER:

1. Cancel and invalidate the disciplinary sanction imposed by the order

from 07.08.2015 № 15-k.

2. Responsible for maintaining personnel records E.E. Thunderous introduce the present

by order A.V. Dezhnev signature and make a public apology to the employee.

The activities of each enterprise, regardless of its legal status, require the presence of established rules, compliance with discipline and internal work regulations.

It is the responsibility of each employee to comply with them, taking into account the human factor, with the exception of cases of serious disciplinary offenses with forced action.

For example, if an employee considers it necessary to refuse to carry out a public assignment, then this has nothing to do with a violation of discipline.

In addition, according to Article 192 of the Labor Code of the Russian Federation, the employer has the right to apply a disciplinary sanction no later than one month after it becomes known about its commission.

After the expiration of six months from the date of the offense, the application of this measure is considered invalid and illegal. Consideration of the issue involves the imposition of penalties on a one-time basis, that is, it is not possible to dismiss an employee and issue a reprimand at the same time.

When is disciplinary action taken?

For non-compliance with discipline or failure by an employee to perform official duties in the proper manner, the manager has the right to apply disciplinary action.

The grounds for recovery are the following:

Failure of an employee to fulfill direct duties without the presence of reasons that tended to be repeated repeatedly. Being late for work more than twice gives the employer the right to raise the issue of dismissal.
One-time violation that goes beyond the scope of discipline. For example, absenteeism, leaving work early without explanation, appearing at the workplace while intoxicated, which requires a medical examination, disclosing the organization's trade secrets, committing theft of property, and neglecting labor safety rules.
Actions of an employee with access to confidential information and money, who, when servicing valuables, committed them intentionally, losing the trust of the employer and thereby giving rise to the application of appropriate measures.
Immoral behavior of an employee at an enterprise, incompatible with the continuation of his further work activity.
Making an incorrect responsible decision by an official, resulting in financial or property losses, as well as unlawful violations with damage to the enterprise and associated with risk to reputation.
Violation of official duties by the manager himself organization or his deputy. Excess of power.

Disciplinary action

The disciplinary process itself looks like this:

First step- This is the documentation of an act in the presence of witnesses.
Studying the contents of the document, agreement with all the material presented, with the mandatory signature of the accused employee. In case of refusal, a document is drawn up in the form of an act, as Appendix 2.
Decision on requesting an explanatory note from an employee, which must be provided within three days. In case of refusal to write an explanatory note, a refusal act is drawn up as Appendix 3.
Registration of an order within the enterprise about disciplinary action as Appendix 4.
Studying the contents of the order by an employee. In case of his refusal, an act must be drawn up indicating the employee’s refusal to sign.

Each act must be properly executed, with the obligatory presence of all signatures. In accordance with Article 194 of the Labor Code of the Russian Federation, if the employee does not receive new punishments related to violation of labor discipline, the employee will be considered not to have had a disciplinary sanction.

Due to the fact that courts most often side with employees, employers should pay special attention to the completeness and accuracy of filling out documents during the procedure for imposing a disciplinary sanction.

Types of disciplinary sanctions

There are currently three options:

in the form of a documented comment;
in the form of a reprimand;
penalties followed by dismissal of the employee.

The presence of the above points does not have any additions, and other measures cannot be used by the employer in relation to the employee as punishment for violations of discipline and labor regulations.

In addition, the last point must be conditioned by the presence of a number of compelling evidence and reasons regarding the offense itself. All accompanying circumstances must be taken into account, including the severity of the violation.

The employee retains the right to file an application with the court to initiate a case to consider the issue of reinstatement to work. Thus, the penalty itself may well be considered null and void, and the dismissal illegal.

Any provides for the possibility of appealing it when an employee applies to the state. labor inspectorate in order to consider the issue as a labor dispute.

If the commission decides the issue in favor of the employee, and absences, delays or violations are recognized for valid reasons, then in this case the final decision is made directly by the court.

Procedure for lifting a disciplinary sanction

Even if a disciplinary sanction is imposed, it can be lifted at the initiative of the employer, directly taking into account the employee’s request.

The reason for withdrawal may be a petition from the manager or the employee body responsible for the process.

When to make a decision to lift a penalty is left directly to the management bodies of the enterprise and is put into effect in each individual case.

For this reason, the legislation does not provide for any specified deadlines.

The procedure for lifting a disciplinary sanction is considered completed after the relevant order is issued as Appendix 5.

If the order is issued ahead of schedule, then the imposition of a disciplinary sanction is considered invalid and it can be stated that the employee did not actually receive it.

Order to lift a disciplinary sanction

An appeal against a decision to impose a penalty is not a basis for its suspension. Only an order to lift the penalty is a valid document.

Extension of disciplinary action

Any disciplinary sanction has legal force and a strictly regulated period specified in labor legislation, which is one year.

If an employee receives a new penalty, the time report begins from the moment it is issued again, since the first penalty is automatically closed.

The period of validity of the penalty can be extended by more than a month if the employee was unable to be at work due to illness or was on regular leave.

Accounting for the imposition and removal of penalties

The facts about the imposition and removal of penalties from employees, with all accompanying acts, explanatory, additional documents, certificates, statements, certified copies, and so on, are recorded and filed in office work.

This is done for the purpose of analyzing and using archived data if necessary. Some organizations practice making several copies of a package of documents for each case, providing for the possibility of handing them over to the employee.

Examples of special cases

In conclusion, we can give several typical examples that may result in the imposition or removal of disciplinary sanctions:

Today, December 11, 2015, from 9:00 to 14:15, the manager of the garage, Innokenty Ivanovich Kabeliev, was absent from his workplace.

Considering the fulfillment of his job duties in the most conscientious manner and the assumption of an additional amount of work, turner Igor Olegovich Tsvetochkin, I strongly request the early removal of the disciplinary sanction from the employee.

Compliance with labor discipline is undoubtedly a necessity in every enterprise. The ability to lead largely determines how profitable and competitive the organization will ultimately be.

However, management must take into account that employees are living people and the application of various types of penalties to them should not turn into terror or dictatorship.

An employer has the legal right to punish an employee if he violates labor discipline or working hours. In case of primary or minor offenses, a sanction can be applied to him in the form of a reprimand or reprimand. If the reprimand or reprimand is systematic, such an employee may be fired.

It is very important to document the fact of a disciplinary offense. Draw up an act of violation; on the basis of this document, an order is issued to impose a penalty on the perpetrator. For such an employee, strong evidence of his guilt must be collected. If there are insufficient compelling reasons, the employee can appeal the order to impose the applied penalty in the labor inspectorate or in court.

Disciplinary action is imposed for a period of 1 year; if the employee corrects himself for some time, the employer has the right to cancel the penalty. To appeal the measure ahead of schedule, a withdrawal order is drawn up, a sample of which can be downloaded below.

There are several ways to remove penalties in the form of a reprimand or reprimand:

At the request of the employee himself, for this the violator must write a statement on his own behalf.
At the initiative of the employer, if, in his opinion, the employee has improved.
A petition has been received from a trade union or other organization protecting the rights of a memo against the violating employee.

If the decision is positive, a new order from the manager for withdrawal is prepared.

If we talk about this type of disciplinary sanction, such as dismissal, then it will be difficult to achieve the cancellation of this type. Dismissal can be challenged only by organizations authorized to resolve labor disputes between an employee and an employer. Also try to resolve the situation by resorting to judicial practice through the court.

If the decision is positive, the employee is reinstated in the position that belonged to the employee before the dismissal. In this case, the employer is obliged to issue an order to cancel the penalty based on a court decision.

Is it possible to cancel a penalty at the initiative of an employee?

An employee, of course, can try to get a previously imposed punishment removed, but this will depend only on the immediate supervisor or other services that can help with this.

The last word remains with the employer, if he considers that the measure applied to the culprit will serve as a lesson for other employees, nothing can be done about it, the only option is to wait for automatic withdrawal.

If the employee can prove his innocence, then, of course, the superior manager is obliged to act in accordance with the law.

An employee’s initiative can be formalized in the form of a statement, written in free form.

How to submit an application for early cancellation of an order:

The application is drawn up addressed to the head of the enterprise: full name, position and name of the organization;
The text is drawn up in the form of a request and should look like this: “I request that the disciplinary sanction in the form of a reprimand imposed by order No. 45-B dated August 15, 2018, be removed from me ahead of schedule, on the basis of Article 194 of the Labor Code of the Russian Federation.”
Then, the date and signature of the employee are put.
After which the application is transferred to the manager.

For example, a trade union or the immediate superior of the culprit may put in a good word for the employee. In this case, you will need to provide a memo or.

Written documents: an application, memo or petition are submitted to the secretary for registration. After which, this document, in the event of a positive decision on withdrawal, will serve as the basis for a new order.

How to correctly draw up an order for early withdrawal?

There is no unified form of the order; legislation gives the opportunity to draw up this document as convenient for the organization. Of course, there are rules and regulations for the preparation of such documents.

The order can be drawn up on a special letterhead of the organization:

The full name of the organization is written in accordance with the constituent documents;
Below is the heading: “Order No., under it “On the removal of disciplinary sanctions”;
Even lower, a number is assigned based on the document flow, date and place of registration;
The text of the order must begin: with the document on which the basis was the early lifting of the penalty or the employee changed his attitude towards himself by actions or actions;
Then a reference is made to the previously created order to apply the measure, its number and date;
Next, the word “I ORDER” is written in capital letters;
I use numbering, the superior manager orders early removal: the position and full name of the offender, making appropriate entries in the personal file, appointing someone responsible for the execution of the order.
Next, it states the basis that served for issuing the order, the employee’s personal statement, petition or memo.
The order is signed by the authorized manager, as well as by the persons appearing in the order.
Next, the employee is familiarized with the order.

Disciplinary action can be of the following types: reprimand, reprimand, dismissal (Article 192 of the Labor Code of the Russian Federation). According to Art. 194 of the Labor Code of the Russian Federation, disciplinary sanctions imposed on an employee in the form of a reprimand or reprimand can be withdrawn. This procedure can be carried out in two scenarios:

automatically, that is, after a year from the date of application of the punishment, if the employee has not committed any more violations.
ahead of schedule, that is, before the expiration of a year from the date of application.

When withdrawing automatically, you do not need to fill out any personnel documents. If it is done early, you will need to draw up a sample order to remove the disciplinary sanction.

An administrative document can be issued at the initiative of the employer, at the request of the employee, at the request of the immediate supervisor or at the request of the representative body of employees.

Contents of the order for early lifting of a disciplinary sanction

A sample order to lift a disciplinary sanction in the form of a remark is drawn up arbitrarily, since it does not have a unified form. Typically, the document contains the following information:

date and number;
Full name, position, structural unit, personnel number of the employee;
type of punishment (reprimand, reprimand);
number and date of the order imposing a disciplinary sanction;
motive for lifting the punishment (for example: conscientious performance of labor duties, compliance with internal labor regulations, etc.);
grounds for withdrawal (application, petition).

An order to lift a disciplinary sanction in the form of a reprimand or reprimand acquires legal force after it is signed by the head of the organization. The employee must read the document and put his signature on it.

After issuing an order to lift a disciplinary sanction ahead of schedule, the employee must be paid all bonuses and other payments, if the local regulations of the organization stipulate that these payments are not made in the presence of outstanding disciplinary sanctions.

Often used with this pattern:

If an employee has committed a certain offense, his employer may impose a disciplinary sanction. This type of punishment is often used as a reprimand. It is used in cases of absenteeism, appearing at work while intoxicated, improper performance of duties, etc.

The manager can choose a more loyal measure - a remark. However, reprimands do not achieve discipline as good as reprimands. In addition, if a reprimand is applied to an employee again, the employer has the right to dismiss the dishonest employee. This right is valid for one year.

After this year, the reprimand is removed. But if the employer makes an early decision, it will be necessary to officially formalize the cancellation of this punishment. This is done using the appropriate order.

Is an order from the employer necessary to lift the disciplinary sanction?

In this context, two situations need to be considered:

When the one-year period of punishment established by Article 194 of the Labor Code of the Russian Federation has expired.
When the employer decided to remove the reprimand early.

In the first case, there is no need to write an order. The withdrawal will be performed automatically. In the second case, the decree will need to be issued.

To officially withdraw, you must have a certain basis:

Decision from the manager in the form of an order for the HR department;
A petition from the immediate manager of the department in which the offending employee works;
A petition from the employee with the person’s reasoning as to why the previously made decision should be cancelled.

It is imperative that the employee be familiarized with the published document.

How to write an order to remove a disciplinary sanction?

The right to issue this order is in Article 194. Labor Code of the Russian Federation. However, it does not indicate that a special form will be established for this.

After receiving the basis in the form of a statement or petition, you can begin to write the main text. It traditionally indicates the full name of the employee, his position and the structural unit in which he is registered. You should also indicate what exactly is the basis for withdrawal. Another key part of the document is the date it was written.

Sample order to lift a disciplinary sanction in the form of a comment

When preparing the document, the employer can rely on the current sample filling. The sample can be used both for a reprimand and for a remark. You just need to write the specific name of the chosen punishment in the appropriate line.

Order to cancel a disciplinary sanction - sample 2018

Although there is no unified form in the legislation, with a sample it will be much easier for the employer to prepare official documentation.

Thus, there is a template for an order to remove a disciplinary sanction and it must be used. First, the employer must decide for himself to remove the reprimand/reprimand, or do so on the basis of a statement from the employee. Both the order document and the application or petition are recorded in the appropriate journals. Next, the employee himself must be familiar with the order. Theoretically, it is possible that an employee can refuse familiarization. In this case, an additional act of familiarization is issued.

Although in practice this situation is difficult to foresee, because it has exclusively positive consequences for the employee.

Order to remove the reprimand early

To fill out these documents, they often use letterhead, which must include the name of the organization. After the title of the document, the date and city of its publication, the main text is written down.

You should immediately indicate why the disciplinary sanction will be lifted. An argument such as “excellent performance by the employee of his job duties” is suitable. Next comes the word “I command.” It is traditionally followed by a phrase similar to the following: “Remove the imposed disciplinary sanction in the form of a reprimand/remark early.”

The reason must also be included - this could be a certain result of the employee’s activities, a statement from him or a petition from his immediate superior. At the end - a signature from the director and a signature confirming the familiarization of the employee.

Order to apply a disciplinary sanction in the form of a reprimand - sample

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