Сроки применения дисциплинарного взыскания
Как говорится, в поддержании дисциплины хорош не только пряник, но и кнут. А потому, закон предусматривает такую меру, как дисциплинарное взыскание. Применяется оно обычно к тем, кто совершил какую-либо ошибку или же нарушил каким-либо образом трудовой догов или дисциплину.
Если такое действие повторилось единожды, начальник может его проигнорировать. Но если, нарушение дисциплины или невыполнение каких-либо служебных обязанностей происходит повсеместно, требуется вмешательство каких-либо взысканий.
В каких случаях применяется дисциплинарное взыскание?
В законе предусмотрено три вида дисциплинарных взысканий:
- Предупреждение;
- Вынесение выговора;
- Увольнение с работы.
Итак, в законе указано, что дисциплинарные взыскания могут проводиться в связи с неисполнением своих обязанностей, которые должны быть прописаны в договоре при устройстве на работу. Начальник обязан ознакомить сотрудника со всеми условиями, он, в свою очередь, должен поставить подпись.
Использовать данную меру могут в случаях:
- Когда рабочий выполни действия, которые были запрещены инструкциями и нормативными актами на предприятии;
- В случае нарушения какого-либо приказа или прямых инструкций к действия – сюда можно отнести прямой приказ от начальника, который не противоречит должностным обязанностям;
- Когда сотрудник нарушает дисциплину на производстве – не приходит на работу, опаздывает или позволяет себе какие-либо запрещенные действия.
Данное наказание может быть отменено двумя способами:
- Автоматически – если после вашего проступка прошел год, и за это время не было прецедентов, которые бы могли повлечь за собой новое наказание, дисциплинарное взыскание может быть отменено;
- Начальником – отменить данную меру можно и раньше, но для этого понадобится разрешение начальника или работодателя. С такой просьбой, работник должен обратиться до одного из них. Также, прекратить взыскания можно путем перевода или же повышения по должности. В этом случае, должен быть выдан специальный указ с подписью как работника, так и хозяина данного предприятия.
Нарушения могут быть выявлено при проверке или же после жалобы одного из работников. Если комиссия докажет, что взыскание было неправомерным, объект может добиться получения компенсации от фирмы, или же восстановления обратно на работу.
Если он откажется это делать, сотрудник имеет право обратиться в суд. Важно знать, что все затраты по суду, адвокатам и проверкам будет нести фирма.
Последствия дисциплинарного взыскания для работника
Если в трудовом договоре или каких-либо еще нормативно-правовых документов прописана возможность отказа в премии сотруднику или же его штраф, как дисциплинарное взыскание, то такой вариант может быть рассмотрен начальником как первое или же последующие предупреждения.
Так, на некоторых фирмах вводят штрафные санкции, если сотрудник опаздывает на работу, или, вообще, отсутствует на ней.
Если рабочий в течение короткого срока времени получает себе второе дисциплинарное взыскание, начальник может рассматривать это как основание для увольнения. Но, применять ли такие серьезные меры к сотруднику решает сам начальник.
Ведь зависит все не только от дисциплины. Согласитесь, глупо будет увольнять хорошего и квалифицированного сотрудника лишь за то, что он опоздал на работу второй раз за месяц. Но, если он позволяет себе отсутствовать на рабочем месте уже второй день, тут стоит задуматься.
Как видно из примеров, последствия дисциплинарного взыскания для сотрудников зависят от многих факторов. А потому, этот вопрос остается на рассмотрение начальника или лица, которое ответственно за этот вопрос.
Как оформляется дисциплинарное взыскание?
Для того чтобы наложить дисциплинарную ответственность на сотрудника, необходимо зафиксировать сам факт нарушения, это можно сделать следующими действиями:
- Составить акт о нарушении – этот метод подойдет для опозданий, увольнений с работы и других подобных случаев;
- Докладная – данный вариант можно использовать, когда своей безответственностью работник срывает проект или важное мероприятие;
- Комиссионное решение – это, пожалуй, один из самых серьезных случаев, чаще всего его используют для фиксирования недостачи или других проблем, связанных с деньгами.
После того как нарушения были задокументированы, у работника есть два дня, чтобы подать объяснительную записку с указанием причин своего поступка. Если сотрудник отказывается предоставить подобные сведения, это также должно быть оформлено документально. Даже сам факт того, что работник отказался от данного требования может нести за собой еще одно дисциплинарное наказание.
Если же объяснения все-таки были приведены происходит их просмотр. Если начальник посчитает действия как серьезную причину, он может пощадить сотрудника и не применять к нему никаких дисциплинарных взысканий, в противном же случае, именно записка станет основанием для наказания.
После этого происходит оформление приказа о применении к данному сотруднику одного из трех видов наказания, что именно применить решает начальник с учетом всех обстоятельств дела. В течение трех дней приказ должен быть подготовлен и подписан самим сотрудником.
Данный документ должен иметь:
- Информация о работнике, на которого накладывают взыскание (место работы, должность и т. д.);
- Описание инцидента, которое привело к данным последствиям;
- Вся тяжесть вины данного сотрудника;
- Ссылки на нормативные акты, которые были нарушены;
- Вид применяемого взыскания;
- Перечень оснований для взыскания – акты или решения, которые были составлены в самом начале, как доказательства нарушений.
Если работник по какой-либо причине отказывается подписывать документ или же, вообще, смотреть его, начальник должен составить акт о данном происшествии.
Сведения о дисциплинарных нарушениях не вносятся в трудовую книгу, так как не имеют к этому никакого отношения. При желании, начальник может записать их в личную карту объекта.
Сроки применения дисциплинарного взыскания
После того как начальник или руководство узнают о каком-либо нарушении, у них есть ровно месяц, чтобы разобраться с данным деянием.
Но, стоит отметить, что он теряет всю свою силу после того, как с момента действия пройдет срок в 6 месяцев.
Если работник не появился на работе из-за какой-либо уважительной причины, считать этот период нельзя.
Важно знать, что отдельные правила имеют моменты которые были обнаружены во время какой-либо проверки или ревизии.
Так, они имеют право быть годными вплоть до двух лет. Также, если дисциплинарное действие требует вмешательства правоохранительных органов (большая недостача, наличие жертв и т. д.), то срок давности проступка считается не ограниченным по времени.
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Я считаю все правильно, люди есть разные одни более дисциплинированные, другие совсем недисциплинированные, поэтому взыскание-это хорошая мера, которая в дальнейшем только поможет в развитии человеку.
Дисциплинарное взыскание — это вынужденная мера для поддержания дисциплины в любом коллективе, но часто применяется без особой надобности, по малейшему пустяку, просто для давления на сотрудников.
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