How to punish an employee?
Perhaps there are situations in which an employer with great pleasure would apply sophisticated torture or the medieval death penalty against his employee as a punishment for some offense. But there is a federal law of the Russian Federation - the Labor Code. The punishment of an employee should not exceed the limits of the labor legislation in force in our state.
How to punish employees
The Labor Code of the Russian Federation provides for the types of punishment of employees in certain situations, but the employer should have good reasons for applying them to their subordinates. And these compelling reasons must be documented without fail, because subordinate employees cannot be punished only because of a sense of personal dislike.
Possible types of punishment of employees, which are legal, are listed in article 192 of the LC RF. They are the remark, reprimand and dismissal on the grounds established by law, which, in turn, are provided for in Articles 81, 336 and 348 of the Labor Code.And all this is a disciplinary punishment of an employee, that is, a punishment for a violation by an employee of labor discipline established at an enterprise by its charter, internal regulations and an employment contract between an employer and an employee.
How to fix the violation
Violation of labor discipline must be properly recorded and documented before a disciplinary action is imposed. Any violation is recorded by authorized persons having the right to take appropriate decisions. That is, the technicals can not dismiss the sysadmin, rude to her selective mat for the fact that she washed the server of the enterprise with soap and water, plentifully watering it from the shower. A sysadmin can not dismiss an adherent of sterile purity - technical equipment.
In this case, the supervisor may draw up written acts on the damage of property by a technical and rude behavior of a sysadmin, which must be certified by the signatures of witnesses. On the basis of these acts, an order is issued to punish the worker. A sample order is developed at each individual enterprise, because there is no standardized document approved by the Government.
An order for the punishment of an employee must be signed by the punished worker himself, with the note “I am acquainted with the order”. If the employee refuses to sign an order imposing a disciplinary measure, an act of refusing the worker to sign the document is drawn up.
Ground for administrative punishment
Administrative punishment of the employee in the law is not provided at all. On the contrary, the Code of Administrative Offenses of the Russian Federation, article 5.27, provides for large monetary penalties for the employer himself, both his officials and legal entities, in terms of violation of labor legislation and labor protection. Penalties under the Code on Administrative Offenses of the Russian Federation can be imposed only by state bodies authorized to conduct inspections on behalf of the state. And these fines are imposed on direct managers of a legal entity, but not on employees of an enterprise.
Fines for workers in the Labor Code
Some employers practice a system of fines against their employees, withholding a certain amount of money from their payroll. For example, a fine for being late or absent.The Labor Code of the Russian Federation provides for a disciplinary punishment of an employee if he was absent from the workplace for more than 4 hours in a row without a good reason. Such a punishment is the dismissal of an employee on the basis stipulated by the current labor legislation. But about the penalties of speech in the law. Fines against employees are an unreasonable and illegal tool for punishing a careless employee.
How to punish an employee in this case? Make a comment or reprimand with entering into the personal file of the employee, if you do not want to dismiss. But the employer has no right to fine the employee.