Sample order to lift a disciplinary sanction

An order to lift a disciplinary sanction is issued when the employee has fully served his disciplinary punishment, as well as in cases where the period of punishment has not yet expired, but for some reason the management of the organization decided to change their anger to mercy and cancel the previously imposed subject to personal sanctions.

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Who is writing the document?

Any order is always issued on behalf of the head of the organization, but it can be drafted

HR specialist,
lawyer
or company secretary.

Regardless of whose competence it is to write this document at a particular enterprise, it must be a person who has the necessary level of knowledge and education, knows the rules for drawing up this kind of internal orders, and is also familiar with the legislation of the Russian Federation in the field of labor and civil legislation.

How to apply for early removal of a sentence

To correct a reprimand or reprimand, the employee, trade union (other representative body) or the immediate superior of the offending person must contact the manager. The employee can submit his request in the form of a free-form application.

The document must contain the request itself, as well as the grounds on which the offender’s punishment can be lifted early. The statement might look something like this:

The trade union or the head of the department where the offender works can contact the head of the organization by sending him a memo or petition. As in the case of an application from an employee, such a document does not have a set form and is drawn up taking into account the most important details (full name of the manager and applicant, reason for the application and specific proposal, date, signature).

It should also include the reason for punishing the subordinate and the reasons why he should be forgiven. A sample of such a petition is presented below.

The application or petition must be taken to the personnel department or the secretariat, where the document will be registered and assigned a number. Such initial data will later be used in the order.

If the head of the company agrees to forgive the offender ahead of schedule, the enterprise issues a special order. Since officials have not approved a sample order for the early removal of a disciplinary sanction, the personnel officer or the person responsible for maintaining personnel documentation can draw it up in any form, not forgetting to indicate the data by which it will be possible to “identify” and legalize the document.

Such details include:

Full name and position of the employee;
grounds for canceling a reprimand;
date of its removal;
all information about the manager (his signature is required) and the document itself (number, date of preparation).

We suggest that you familiarize yourself with an example of such an order, based on a petition from the head of the department where the previously punished employee works.

Like any other order from management, the contents of the order must be brought to the attention of the employee against signature.

Types of disciplinary punishments

Based on the extent of the violation, the employee may be subject to different types of disciplinary action.

For example, being late for work may result in a written reprimand, but absenteeism twice without explanation can lead to dismissal. Punishment is also imposed for disclosure of confidential information and trade secrets, immoral behavior, violation of labor protection and safety rules, abuse of authority, etc.

Any types of disciplinary punishment (except, for obvious reasons, dismissal) can be canceled ahead of schedule. They are automatically withdrawn after a year.

Legal requirements

According to Art.
194 of the Labor Code of the Russian Federation, the removal of a disciplinary sanction can be automatic or early - at the initiative of the employer. The punishment is automatically lifted after a year, unless new offenses have been recorded. In this case, you do not need to fill out any additional paperwork. You can ask for its early repayment, that is, before the expiration of one year:

himself punished;
representative body of workers;
the immediate supervisor of the person who received the reprimand or reprimand.

Since the law does not specify after what time you can apply for the cancellation of a reprimand or reprimand, it all depends on the specific case. Theoretically, this can be done every other day, and after three months, and after six months.

Separately, it is necessary to say about this type of disciplinary action, such as dismissal. It is incorrect to talk about its abolition, since this issue is resolved by a labor dispute resolution body, for example, a court. If a person is reinstated at work, this means that the punishment was applied illegally. It is impossible to remove it. In such a situation, the cancellation of the order to apply a disciplinary sanction in the form of dismissal occurs for other reasons, which must be indicated in the order as the basis for its issuance.

What is the basis for issuing an order?

An order to lift a disciplinary penalty is justified for a variety of reasons. It could be

personal decision of the director, who considered that the employee fully atoned for his guilt,
request from the immediate supervisor of the employee subjected to reprimand,
The trade union committee (if there is one at the enterprise) has the right to petition for the cancellation of the order.
or the employee himself (in this case, a personal statement in writing is required).

It should be noted that such requests do not guarantee that the company’s management will accommodate the offending employee – in this case, the mutual consent of the parties plays a role.

In what cases can a disciplinary sanction be lifted?

To impose a disciplinary sanction, the employer is obliged to follow a certain procedure provided for in Art. 193 Labor Code of the Russian Federation. If not, the punishment can be appealed and cancelled.

What the employer must do:

Demand an explanation. The employee must write an explanatory note within 2 days from the date of the request, or an act is drawn up stating that the employee refused to give an explanation.
Conduct an internal investigation and draw up a report of violation of official duties.
Issue an order stating that a specific penalty has been imposed on a specific employee.
Familiarize the employee with the order against signature within 3 days from the day the order was issued.

Important! The employer himself decides what punishment to impose for which offense, depending on the severity and consequences of the violation. With the exception of dismissal, all grounds for which are specified in Article 81 of the Labor Code of the Russian Federation.

When an employee can get a disciplinary sanction reversed:

If it's not his fault. For example, when an employer suffered losses due to a breakdown of equipment operated by an employee. Proving guilt falls on the employer.
If he was not performing his duties , that is, work not provided for in his job description.
The employer did not require a written explanation and/or did not draw up an act of refusal to provide an explanation.
The employer violated the deadlines for applying penalties. An employee can be punished only within 1 month from the date of discovery and 6 months from the date of commission of the offense, but not later. If a violation is identified as a result of an audit, then no later than 2 years. Vacation and sick leave time is not taken into account.
For one offense they were punished 2 or more times. For example, they gave me a reprimand and forfeited my bonus and immediately fired me.

How to draw up an order to remove a disciplinary sanction

There is no unified, obligatory template for the removal of a disciplinary sanction, so companies can go two ways to formalize it: either draw it up in free form, or use a template developed within the enterprise (however, in this case it must be approved in the accounting policy firms). The order has a completely standard and understandable structure, which should include a number of necessary information:

Name of the organization,
personal data about the employee,
date of compilation,
information about previous penalties
and the meaning of this order,
as well as the persons responsible for its implementation.

Appealing a disciplinary sanction in court

To cancel a disciplinary sanction through the court, you can immediately file a claim without going anywhere first.

Labor disputes are heard by district courts. You need to go to the court of the locality where the employer’s company is located, where the employment contract is being executed, or where the employee himself lives.

The claim can be filed electronically on the website of a specific court, subject to technical capabilities.

It is important to draft the claim correctly, indicate the requirement with references to the law and attach sufficient evidence.

We will help you collect evidence, draw up a claim so that the dispute is resolved in your favor, and also return compensation that you were deprived of due to an unreasonable, illegal disciplinary sanction.

How to place an order

The order can be written on a clean, empty A4 sheet or company letterhead, either by hand or in printed form (this does not matter, but the computer significantly speeds things up). In any case, the document must contain the original signature of the head of the company, as well as the autograph of the employee for whom the order was drawn up (thus the employee certifies that he has read the document). The order can be certified by a seal, but since 2016, the presence of a stamp or seal for legal entities is not a legal requirement.

Once the order is issued, the employee is deemed not to have been subject to discipline. All previously taken measures and restrictions in force in relation to it are cancelled.

The order is drawn up in a single copy and, after its acceptance, as a guide to action, it is sent for storage to the company’s archive, which contains the time established for such documents.

Possibility of early withdrawal of foreclosure

According to Article 194 of the Labor Code of the Russian Federation, the penalty from the employee is automatically lifted after a year, provided that there is no new disciplinary offense within a year from the date the previous penalty was imposed on him. This does not require the issuance of a new order.

Article 194 of the Labor Code of the Russian Federation - Removal of disciplinary sanctions

The employer, before the expiration of a year from the date of application of the disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

Also, a penalty can be lifted early earlier than one year from the moment it was imposed on the initiative of the manager or the employee himself. For this purpose, a new order is issued on early removal of the penalty. It states:

reason for early cancellation of foreclosure;
grounds for removal;
information about the order issued in connection with the punishment: its number and date.

The manager is also obliged to familiarize the employee with this order. After reviewing the document on early removal of the punishment, the employee will be considered free from it.

What is deprivation of bonus

Non-payment of bonuses is one of the favorite methods of punishment and one of the most controversial issues in modern practice. The term “deduction of bonuses” is not used in the Labor Code and in some way contradicts it. Art. 191 of the Labor Code of the Russian Federation defines a bonus as an incentive measure for employees who “conscientiously perform their labor duties.” At the same time Art. 192 of the Labor Code of the Russian Federation, which deals with disciplinary sanctions, does not include deprivation of bonuses in their list. Therefore, deprivation of a bonus as a disciplinary punishment for misconduct is unlawful. On the other hand, failure to perform or improper performance of labor duties does not deserve encouragement. One way or another, there are ways to manipulate material bonuses within the law. For example, an employer may include in the remuneration provision a clause according to which the amount of the bonus for a certain period depends, among other things, on whether there was a punishment for failure to perform official duties.

Document execution algorithm

Let us remind you that there is no single form of order. You can arrange it yourself, but proceed according to the following scheme:

Register your application in a special journal.
Record the director's verdict in the form of a resolution.
Draw up an order and have it endorsed by the director.
Notify the employee about this.

Expert opinion

Mikhailov Evgeniy Alexandrovich

Teacher of civil law. Lawyer with 20 years of experience

While drafting the document, briefly and to the point, argue the reasons why it is necessary to cancel the penalty. For example, a sales manager can conclude a profitable contract, a lawyer can 100 percent win the case entrusted to him.

Sample

To cancel the sanctions, the culprit himself, his immediate supervisor or the team in which he works can contact the director of the company. It is necessary to submit an application requesting the liquidation of the foreclosure, indicating the motivated reasons for this.

You can also file a petition. It, like the statement itself, does not have a clear form, so it can be written in any form. Be sure to indicate the personal information of the person at fault and the reason for canceling the penalty.

Such documentation must be registered with the secretary. It is his number that will be used when drawing up the order.

If the director agrees with the arguments, then he creates an order to cancel the penalty. There is also no single form of order; organizations draw it up arbitrarily, but with the following information:

Full name of the culprit and his position.
Reasons for canceling sanctions.
Date of cancellation.
Personal information about the director and his signature.

The director is obliged to notify his employee of the new order.

Validity

A disciplinary sanction can be canceled automatically after one year. This is stated in article number 194 of the Labor Code of the Russian Federation. But if during this period the employee again violates labor discipline, then, at the request of management, he can be fired.

This is important to know: Application for donor days: sample 2021

If, after the sanctions are lifted, the employee again violates the order, then such a mistake will still be considered primary, since the previous punishment is no longer in effect.

It is important to note that a person can even be fired under the article for repeated misconduct. Such a measure may subsequently cause serious problems in future employment.

If during the penalty period the employee moved to another position or to another department, then the punitive measures do not cease to be in force. Only dismissal can free an employee from punishment, since management will no longer be able to influence his professional activities.

Challenging

If the employee does not agree with the decision, he can appeal it to:

Labor conflict commissions.
Labor Inspectorate.
Court.

A copy of the application must be left with the employee. It takes about thirty days to investigate the case. It is important to provide evidence that shows you are right. As a result of the check, there may be two possible solutions:

Refusal to satisfy the claim.
Request for the company to cancel the order to impose a disciplinary sanction.

Penalties for the company

If a positive conclusion is made in favor of the employee, the company undertakes to pay all the plaintiff’s costs of action. If a person was fired, he is reinstated. And during his absence from the workplace, he is entitled to compensation for absenteeism.

Automatic cancellation

The expiration of the punitive measure means its automatic liquidation, which does not require official registration - the issuance of an order, as well as notification to the employee. For its occurrence, strict compliance with internal regulations throughout the entire period is necessary and, as a result, the absence of repeated penalties (clause 1 of Article 194 of the Labor Code of the Russian Federation).

According to labor law, the employee may be subject to disciplinary action. Find out what the deadline is for applying disciplinary action.

Automatic withdrawal does not depend on the employee being at work or on vacation. This applies only to the first two types of disciplinary action: reprimands and reprimands; dismissal cannot be annulled.

A lifted penalty does not leave any consequences. Namely, it cannot be taken into account when an employee commits a new violation, which will be considered the first. At the same time, the use of incentive measures is resumed. For example, when calculating wages, bonuses and rewards begin to be taken into account again, or the interrupted countdown of time required to assign the next rank continues.

Automatic removal of a remark/reprimand for violation of labor discipline occurs if the employee does not repeatedly violate the set of internal rules of the enterprise within a year from the date of the issuance of the order of punishment.