For misconduct in the workplace rely disciplinary sanctions, which are different from the penalties for committing an administrative offense. To apply only the employer with whom the delinquent employee has signed the agreement.
The Types of disciplinary sanctions article 192 of the Labour Code, is a warning, dismissal and comment. The reasons for them are listed in several paragraphs of the first part of article 81 of the Labour code:
1) p. 5 – if the employee has not once not perform their duties without valid reasons;
2) p. 6 – if the employee has grossly violated once job duties;
3) p. 7 – if there is such actions that lead to a loss of confidence;
4) p. 8 – if the employee committed workplace act that violates the norms of morality;
5) p. 9 – if the organization's leader, his Deputy or chief accountant make the decision, leading to damage property of the organization, and also in the case of misuse of the property;
6) p. 10 – if the Director or his assistants violate the duties of a single, but very rude.
The Types of disciplinary sanctions provided for in article 192 of the Labor code, does not end there. For certain categories of employed persons in the Charter about discipline or Federal law may establish other punishments. However, they apply only to those employees who fall under their action. And at the same time is a violation of the law, when in the course are types of disciplinary action that the labour code or the internal regulations of the organisation and discipline are not provided.
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The Right of choice of punishment remains with the employer. It needs to take into account the gravity of misconduct committed by subordinates, and the circumstances under which it was committed. In addition, taking into account all the circumstances and reasons that the head may be confined to observation or conducting interviews.
If the staff member prior to committing the offense filed in the office statement of desire on its own initiative to terminate the employment relationship, the employer may apply a penalty until the end of the notice period. After him he can't punish the former employee.
Applying any kind of disciplinary action, the Manager must comply with certain rules and order. If they are violated, the employee may appeal to the court, which after considering the case admits of the use of punishment is unlawful.
So before applying a penalty, the employer must obtain from the subject a written explanation. If the employee does not provide it within two days, a special act, which will serve as proof of compliance by the leader of the order of bringing the guilty to justice in the event of litigation.
Since that day, found the misconduct of the employee, disciplinary action may be applied to it within a month or within six months from the date of its Commission. After this period he can not be punished. This period is not included while on leave (except compensatory time off) or sick leave. It does not matter who first learned of the misconduct: the employer himself or one of employees. If the fault of the employee associated with the financial activity, the head has the right to apply a penalty within two years from the day of transaction.
For one disciplinary violation is permissible only one disciplinary punishment. However, if adopted by the employer measures have not led to a change in situation, he may use another action.
The same types of disciplinary sanctions applicable to the Directors of the companies. However, the specifics of their powers determines a special procedure of bringing these persons to justice and an additional reason.
Alin Trodden - author of the article, editor
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