The employer has the right to use different types of disciplinary action in identifying any serious violations committed by employees of the enterprise. To do this, it is important to correctly perform all the necessary steps to bring the specialist to justice. Otherwise, a disciplinary sanction may be appealed by a company employee. To do this, he can apply to the labor inspectorate, court or commission dealing with industrial disputes. Previously, the specialist must prepare evidence that the employer did use the punishment without good reason.
What can be punished for?
Different types of disciplinary action can be applied by the employer only if there are good reasons. These include:
- the employee comes to work while intoxicated;
- the employee skips work for no good reason;
- revealing the fact of theft in the company, provided that there is evidence that the crime was committed by a specific hired specialist;
- frequent lateness;
- violation of safety rules;
- disclosure of confidential information submitted by trade secret.
Any punishment must be properly and formally formalized. Otherwise, a disciplinary sanction may be appealed by a company employee.
What types of punishment can be applied?
Based on Art. 192 of the Labor Code, the employer may apply different penalties to negligent workers. The main types of disciplinary action include:
- remark - considered the easiest form of punishment;
- rebuke;
- dismissal.
The director of the company decides what punishment to apply to the employee for a violation. At the same time, it is important to have evidence that a particular specialist is really guilty of certain illegal actions. If the procedure for holding a citizen accountable is violated, the employee may appeal the disciplinary sanction imposed by the employer.
Where to go?
If a company employee is confident that the employer has unlawfully or without good reason imposed a disciplinary sanction on him, then he can appeal to state organizations to appeal the punishment. In this case, he will be able to protect his labor rights and interests. With a positive decision, he can recover at his former place of work, remove his punishment or receive compensation from the employer.
Where can a disciplinary action be appealed by an employee? You can apply with a complaint and documents confirming the rightness of a citizen to different organizations. These include:
- commission specializing in the consideration of industrial disputes arising between employees and directors of various organizations;
- appeal to the labor inspectorate;
- filing a lawsuit.
If the above institutions receive a negative answer, then it can be appealed to a court or prosecutor.
Grounds of appeal
Initially, it should be determined whether the employee can appeal against disciplinary action. For this, he must have serious grounds and evidence of his innocence. You can file a complaint in the following cases:
- the punishment was unfounded;
- the procedure for holding the employee accountable was carried out with obvious violations.
Most often, employees file complaints with various authorities for the following reasons:
- the employer did not require an explanatory note from the employee;
- within two days after the violation was discovered, an act was not drawn up in which the violation was recorded;
- no formal order to apply punishment was issued;
- the employee was not familiarized with the order for three days.
Any violation of the legal procedure for holding an employee liable is the basis for challenging the penalty imposed.
Rules for contacting the labor inspectorate
A disciplinary sanction can be appealed by the employee - a complaint is drawn up, which is sent to the labor inspectorate. The procedure has features:
- it is the labor inspectorate that deals with cases related to violation of labor rights of citizens;
- the employee must draw up a written statement in free form;
- other documents are attached to the application, which serve as evidence that the punishment applied by the head is illegal;
- in the complaint it is important to indicate the name of the organization, the position of the applicant, as well as information on the penalty imposed;
- circumstances are indicated that prove that the person did not deserve punishment;
- the requirements of the citizen are prescribed, which may consist in the removal of the penalty or in the restoration of the place of work, if the person was dismissed for any violation.
The application can be brought personally to the labor inspectorate or sent by mail. The application is considered within one month, after which the applicant receives a written response. If the decision is negative, then it can be appealed by filing an application to the head of the labor inspectorate or filing a lawsuit.
Appeal to the commission
The commission, designed to study industrial disputes, is often used by employees who are confident that their labor rights are violated by the employer. The procedure for appeal by an employee of a disciplinary sanction with the help of this organization involves the following actions:
- the punished specialist sends a complaint to this commission;
- in the document he gives the circumstances of a particular case;
- personal data of the employee and director are indicated;
- the complaint is made in duplicate;
- the case is considered within a month;
- the decision is taken by secret ballot;
- within three days the applicant gets acquainted with the decision;
- The decision can be appealed within 10 days.
Most often, decisions are made in favor of the employee.
Features of the commission
The commission is formed by employees and managers of various companies. It includes representatives of the leadership of various enterprises and trade unions. The main powers of the commission are prescribed in Art. 382 TC.
If the procedure for appealing a disciplinary sanction imposed on an employee is competent, then you can expect to be sentenced if it was imposed with violations or illegally. Otherwise, the person will have to go to court.
Filing a lawsuit
A disciplinary sanction can be appealed by a worker in court, but usually citizens prefer to appeal to this instance only when other methods have not given the desired result. The rules of appeal to the court include:
- competently drawn up statement of claim;
- reliable personal information about the plaintiff and defendant;
- an indication of the claims, which depend on what kind of punishment was applied to the employee;
- if a citizen is not sure that he can independently defend his rights, then it is advisable to take the help of an experienced lawyer;
- a lawsuit is sent to the district court, located at the location of the company or place of residence of the applicant.
If there are no violations in the document, it is accepted for production, court employees set a date for the meeting.The plaintiff may come to this trial independently or send a proxy.
If the claims are satisfied, then the decision shall be transferred to the bailiffs responsible for the implementation of court decisions. If the court decision was not made in favor of the employee, it can be appealed.
Duration of appeal against disciplinary action
Regardless of where the employee is going, he must take action within three months after the recovery of the penalty. The countdown starts from the day when the citizen was actually notified of the punishment.
If there are good reasons, then this period of time is extended. Usually this is an employee’s illness, care for a close relative, etc. Any reason for missing the appeal deadline must be confirmed by documents.
Conclusion
Sometimes disciplinary sanctions imposed by company executives are applied illegally or without good reason. Under such conditions, any employee of the enterprise has the right to appeal the decision of the director.
To appeal the penalty, you can go to court, labor inspection or a special commission that resolves production disputes arising between employees and company executives.
