Which is a disciplinary offence. What it is

And responsibility for its violation is important in every institution.

People who have committed a disciplinary offense are brought to disciplinary liability. Let's consider this issue in more detail.

A disciplinary offense is an improper performance or complete failure to fulfill labor obligations by an employee. What is characteristic of him?

A disciplinary offense has the following mandatory elements:

• guilt;
• failure to fulfill labor obligations (improper performance);
• illegality;
• the presence of a connection between illegal actions of employees and the consequences.

An employee’s action or inaction is considered unlawful if a specific labor duty provided for by the relevant legal act is violated.

The culpability of employees for illegal actions can be expressed either through negligence or simply through negligence. If the employee’s improper performance or failure to fulfill his labor obligations was not his fault, then it makes no sense to consider this behavior as a disciplinary offense. This rule applies in any such case.

A disciplinary offense is not considered a disciplinary offense if the employee committed illegal actions that were not related to his job duties.

Failure to fulfill labor obligations is expressed in the employee’s failure to fulfill labor obligations that are determined by the contract or labor legislation.

If at least one element is missing, then this is not considered a disciplinary offense, that is, the employee should not be held accountable.

One of the most important tasks of a manager is to maintain labor discipline in the organization. Ensuring that all employees work conscientiously is difficult, but without this, the organization’s activities are unlikely to be successful. How well an employee will perform his duties depends on his personal characteristics, working conditions, relationships with management and many other factors. In addition, the employer can influence the motivation of the employee by rewarding him for conscientious work or usingdisciplinary action in case of failure to fulfill assigned duties.

Disciplinary action – a means of ensuring labor discipline, which remains one of the most difficult to use from a legal point of view. The most unpleasant legal consequences for an employer are possible when it comes to dismissing an employee for non-compliance labor discipline. This act is often followed by an appeal former employee to the court demanding reinstatement at work, compensation for forced absence and compensation for moral damage. To avoid declaring a disciplinary sanction illegal, you must follow a number of rules for its imposition.

Disciplinary offense non-fulfillment or improper fulfillment by an employee, through his fault, of the work duties assigned to him is considered.

When considering labor conflicts in court or during inspections, the employer will need to prove:

Guilty actions of the employee.

Compliance with the procedure for imposing a disciplinary offense.

Let's look at it in detailprocedure for imposing disciplinary sanctions . The documented procedure consists of several stages:

1. Recording the offense.

2. Request and provision by the employee of explanations.

3. Imposition of disciplinary sanctions.

If an employee refuses to provide an explanation or sign an order, at each stage it is necessary to draw up an act of refusal of the employee to perform certain actions. The act is drawn up officials organizations that are responsible for documenting disciplinary violations. If this has not been separately established as the responsibility of certain officials, then these documents are drawn up at the initiative of the head of the offending employee or employees of the personnel department.

Stage 1. Recording the employee’s misconduct. The concept of disciplinary offense

Thus, Article 189 of the Labor Code of the Russian Federation establishes thatlabor discipline – obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, collective agreements, agreements, employment contract, local regulations organizations. Thus, in order to apply a disciplinary sanction to an employee, the employer must determine whether the employee violated his job duties established by the employment contract or job description. The employee’s job responsibilities also include compliance with internal labor regulations, labor safety instructions and other local regulations that exist in the company and with which the employee was also familiarized when hired (Article 68 of the Labor Code of the Russian Federation) or when they are changed, or introduction (Article 22 of the Labor Code of the Russian Federation). To confirm that the employee has familiarized himself with the established requirements, in the event of a conflict, the employer will need to prove the fact of familiarization, therefore, the employee’s signature and personally affixed date of familiarization is a key point in confirming the legality of applying a disciplinary sanction in the future.

In addition to familiarizing the employee with local regulations, it is important that the documents are drawn up in compliance with legislative requirements. In particular, the internal labor regulations in accordance with Article 190 of the Labor Code of the Russian Federation are approved by the employer taking into account the opinion of the representative body of the organization’s employees, while the procedure for taking into account the opinion of the representative body from October 6, 2006 is equal to the procedure for approving local acts with the primary trade union organization and is established in Article 372 Labor Code of the Russian Federation. Part 4 of Article 8 of the Labor Code determines that “...local regulations adopted without observing the procedure for taking into account the opinions of the representative body of employees established by Article 372 of this Code are not subject to application.”

Therefore, the rules must contain a requisite for taking into account the opinion of the representative body, which can be placed on the top heading under the stamp of approval, or at the very end of the document (possibly together with other approval visas):

“The opinion of the representative body of workers has been taken into account

Protocol No.___ dated (date)"

Or in the absence of a representative body:

“A representative body of workers was not created at the time of approval of the internal labor regulations”

The employer must make sure that the violation committed by the employee corresponds to all the signs of a disciplinary offense (Article 192 of the Labor Code of the Russian Federation) - non-fulfillment or improper fulfillment by the employee (through the fault of the employee) of the labor duties assigned to him. In such a situation, the following circumstances must simultaneously be present:

1. Performing certain actions (or refraining from performing them) was the employee’s labor duty.

If the case is heard in court, the employer will need to prove that the action for which the penalty was imposed was actually within the scope of the employee’s duties;

2. Labor duties must not be performed or performed improperly.

Failure to fulfill the obligation must be proven: provide testimony of witnesses, documents (for example, a time sheet), etc. In case of improper performance, the employee’s obligation to perform certain actions in a different (proper) way must arise from the situation (for example, if after cleaning there is a spill on the floor coffee - cleaning was not proper) or enshrined in documents (for example, the job description of the secretary provides for the obligation to submit correspondence to the manager no later than an hour after receiving it);

3. The employee’s behavior must be unlawful (that is, not comply with the law and obligations under the employment contract).

Disciplinary action cannot be imposed for lawful behavior. For example, an employee who refuses to be divided into parts cannot be brought to disciplinary liability. annual leave or who failed to comply with the employer’s order to recall him from vacation (Article 125 of the Labor Code of the Russian Federation);

4. Illegal behavior must be related to the employee’s performance of work duties.

A penalty cannot be imposed for refusal to carry out a public order or violation of the rules of behavior in public places;

5. The employee's conduct must be culpable (i.e., intentional or reckless).

A penalty cannot be imposed if there are good reasons why the employee was unable to fulfill the obligation properly, for example:

Absence necessary materials, working conditions;

Disability;

Summons to court, to law enforcement agencies;

Floods, snowfalls and other natural disasters;

Failure to complete a task due to the completion of other instructions, if it was impossible to complete everything at the same time.

If at least one of these circumstances is absent, then a penalty cannot be imposed, since the employee’s behavior is not a disciplinary offense.

For example, if the basis for applying a disciplinary sanction is the employee’s refusal to comply with an order or a manager’s order concerning him, the court needs to find out what caused this refusal and how legitimate the demand coming from the manager is. In particular, the reason for an employee’s refusal to perform the work assigned to him by his manager may be that this work, in the opinion of the person who refused, is not provided for by the employment contract. If the circumstances referred to by the employee actually occur, then his refusal to comply with the order, as a rule, does not entail the application of disciplinary measures. Article 60 of the Labor Code of the Russian Federation prohibits an employer from requiring an employee to perform work not stipulated by an employment contract, except in cases provided for by the Labor Code of the Russian Federation and other federal laws.

It is also impossible to exclude the employee’s conscientious misconception about the existence of circumstances allowing him to refuse to carry out the order (instruction). However, in this case, the manager or authorized persons, before applying a disciplinary sanction to the employee, should have explained to him the full inconsistency of the refusal and its consequences.

The Supreme Court of the Russian Federation, in Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, analyzing judicial practice in cases of disciplinary liability of an employee, pointed out certain cases of employee behavior that can be considered a disciplinary offense. Such cases, taking into account the provisions of the Labor Code of the Russian Federation, in particular, include:

a) the employee’s absence from work without good reasons more than 4 hours in a row during the working day, as well as being during the specified period without good reason at the workplace other than where the employee is supposed to perform his job function;

b) refusal of an employee to perform job duties without good reason due to a change in in the prescribed manner labor standards (Article 162 of the Labor Code of the Russian Federation), since by virtue of an employment contract the employee is obliged to perform the labor function defined by this agreement, comply with the internal labor regulations in force in the organization (Article 56 of the Labor Code of the Russian Federation), and comply with established labor standards (Article 21 of the Labor Code RF). It should be borne in mind that refusal to continue work in connection with a change in essential working conditions is not a violation of labor discipline; it serves as a basis for termination of the employment contract under paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation in compliance with the procedure provided for in Article 73 of the Labor Code of the Russian Federation ;

c) refusal or evasion of an employee without good reason from mandatory medical examination, provided for workers of certain professions, as well as the employee’s refusal to undergo work time special training and passing exams on safety precautions and operating rules, if this is a prerequisite for permission to work;

d) the employee’s refusal without good reason to enter into a full-time agreement financial liability, if the fulfillment of duties for servicing material assets constitutes the employee’s main job function, which was previously agreed upon with him when hiring.

Stage 2. Request and presentation by the employee of explanations

The employee can present his explanations different ways. First of all - inexplanatory note . It is advisable that this document be drawn up by an employee in free form by hand. However, in a number of organizations, in order for the explanations to be coherent and logical, the practice is to use template forms in which the employee is asked to fill out columns (rows, cells) intended to answer the questions:

What are the reasons (motives) for committing a disciplinary offense?

Does the employee consider himself guilty of committing an offense?

If not, who does the employee think should be disciplined?

The explanatory note is addressed either to the head of the organization, or to the head of the personnel department, or to the head of the structural unit that includes the employee. Who specifically should be defined in the local regulations of the organization.

The second option for obtaining explanations is to record the employee’s explanations inact drawn up upon the commission of a disciplinary offense , by certifying the employee’s explanations with his signature.

According to part two of Article 193 of the Labor Code of the Russian Federation, an employee’s refusal to give an explanation is not an obstacle to applying a disciplinary sanction. However, it does not at all follow from this that if an employee refuses to explain the reasons for his behavior, then the employer can safely apply disciplinary action.

The Supreme Court of the Russian Federation in paragraph 53 of the Plenum resolution Supreme Court RF dated March 17, 2004 No. 2 also expressed its legal position. When applying disciplinary sanctions, constitutional principles must be observed: justice, equality, proportionality, legality, guilt, humanism.

The employer must prove that when imposing the penalty, the following were taken into account:

The severity of the offense;

The circumstances under which it was committed;

Previous behavior of the employee;

His attitude towards work.

If the court comes to the conclusion that misconduct occurred, but the dismissal was made without taking into account the specified circumstances, then the employee’s claim for reinstatement may be satisfied.

Stage 3. Imposition of disciplinary action

The imposition of a disciplinary sanction is expressed in the issuance of an order in writing and the delivery of this order to the employee against signature. More details about the order are below.

Typical violations by the employer in the order of imposing a disciplinary sanction, which entail the cancellation of the penalty and/or reinstatement of the employee at work .

1. For one disciplinary offense, only one disciplinary sanction can be applied. However, if failure to perform or improper performance due to the fault of the employee of the labor duties assigned to him continued, despite the imposition of a disciplinary sanction, it is permissible to apply a new disciplinary sanction to him (including dismissal).

It is unacceptable for an employee to be subject to one disciplinary sanction, for example a reprimand, for committing one disciplinary offense, and then another for the same offense. If, for example, an employer reprimands an employee for showing up to work “late” for more than 4 hours in a row after receiving an explanation and issues an appropriate order, then he does not have the right to apply a second disciplinary sanction to the same employee for the same disciplinary offense, for example , dismiss the employee under subparagraph “a” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation. By reprimanding the employee, the employer exercised his right to choose the type of disciplinary sanction, and he does not have the right to change his decision.

The exception is a continuing misdemeanor. In the case of a continuing misconduct, the employer may apply more than one disciplinary sanction if, after it has been imposed, the employee does not stop the misconduct, but continues to fail to fulfill his duties for which one disciplinary sanction has already been applied to him.

2. Before applying a penalty, you must demand from the employee written explanation. This is necessary to establish the employee’s guilt. If an explanation is required after the imposition of a penalty, then the penalty was carried out unlawfully (even if the employee was guilty of the violation). If the employee refuses to give an explanation, the employer draws up a statement of refusal (indicating the calendar date, place and reason for drawing up, as well as the witnesses who were present when the employee was asked to provide an explanation and his refusal to do so). The act is signed by an official of the employer and witnesses (preferably several disinterested persons). Refusal to provide a written explanation is not an obstacle to applying a disciplinary sanction.

3. Disciplinary action is applied immediately after the discovery of the misconduct, but no later than a month from the date of its discovery. The day of detection is the day when the employee’s immediate supervisor became aware of the misconduct, regardless of whether he has the right to impose disciplinary sanctions. The monthly period does not include the time of illness or the employee being on vacation (any) and the time required to take into account the opinion of the representative body of employees. The absence of an employee for other reasons (for example, using other days of rest instead of overtime worked) does not interrupt the flow of the specified period. Regardless of when the misconduct is discovered, penalties cannot be applied later than 6 months from the date of the misconduct, and based on the results of an audit, inspection of financial and economic activities or an audit - later than 2 years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

4. An order (instruction) to apply a disciplinary sanction, indicating the reasons for its application, is announced to the employee against signature within 3 working days from the date of its publication. Failure to comply with the 3-day deadline may become grounds for appealing the penalty. Refusal to certify an order (instruction) with a signature is formalized by a special act signed by the head and witnesses. Such refusal is not an obstacle to applying disciplinary sanctions.

5. If the case goes to court, then the most important thing for the employer will be to prove the circumstances justifying the legitimacy of his position, in particular, the facts of committing a disciplinary offense and (or) compliance with the procedure for imposing disciplinary sanctions. The employer must, on his own initiative, provide evidence of the circumstances relevant to the case. Otherwise, the court decision in his favor will be canceled by a higher authority due to insufficient investigation of the circumstances.

6. The documents and other evidence submitted by the employer must not contradict each other. For example, when recovering for lateness or absence from work, the employer often focuses on explanatory and memorandums, orders, entries in work book dismissed, but does not ensure that the employee’s absence is reflected in the timesheet, and the employee refers to the timesheet, which indicates full quantity hours worked.

The following may be used as evidence in court:

Witness testimony, written explanations of eyewitnesses;

Written evidence: acts, contracts, certificates, business correspondence, other documents and materials made in the form of digital or graphic recording (including court decisions received via fax, electronic or other communications, protocols and attachments to them - diagrams, maps, plans , blueprints);

Physical evidence, audio and video recordings;

Expert opinions.

It happens that an employee deliberately hides from the employer the fact of his disability or membership in a trade union, and then appeals the penalty applied. Paragraph 27 of the Plenum resolution emphasizes that such a situation is unacceptable and is an abuse of law. The employer is not obliged to take measures to clarify information that affects the provision to employees certain rights and guarantees. If the employee does not provide such information, this is an abuse of right and may serve as a basis for refusing a claim to declare the penalty unlawful.

Types of disciplinary offenses and penalties

A disciplinary offense can be: ongoing, repeated, withdrawn, terminated.

Ongoing disciplinary offense - that is, an offense that continues over a long period of time. If, upon discovering a disciplinary offense, the employer applied a disciplinary sanction, but this disciplinary offense continues(this particular offense, and not the next one, even a similar one!) , then a new disciplinary sanction can be applied to the employee (including dismissal on appropriate grounds).

A continuing offense continues uninterrupted until it is stopped. The employer applies disciplinary action precisely for the purpose of suppressing behavior expressed in non-fulfillment or improper fulfillment of a specific job duty. If it is not fulfilled (that is, by bringing the employee to disciplinary liability it was not possible to stop this disciplinary offense), the employer has the right to apply a new disciplinary sanction for the same offense. For example, an employee is reprimanded for late preparation. However, even after the disciplinary sanction was applied, the employee did not prepare reports within the time allotted to him by the employer. IN in this case the employer did not stop the misconduct by applying a disciplinary sanction, and he has the right to exercise his right to apply a new disciplinary sanction. Naturally, everything said is lawful only if the employee is really guilty of committing an offense.

Repeated disciplinary offense - this is an offense committed again after a certain time has passed after the suppression of a similar offense. For example, an employee, after being reprimanded for being late for work, arrives on time for a while, but after some time he is late for work again. In this case, both offenses are regarded as two separate ones, for each of which the employer can impose a disciplinary sanction in case of guilty actions of the employee.

Disciplinary action withdrawn – in accordance with part one of Article 194 of the Labor Code of the Russian Federation, if within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered not to have had a disciplinary sanction. Therefore, before determining whether another offense gives reason to believe that there is repeated failure to comply duties, you should review personnel (personnel) orders on the application of disciplinary sanctions or another document recording penalties and thus find out whether the previously imposed disciplinary sanction has lost its force.

A disciplinary sanction can also be lifted from an employee before the expiration of the one-year period. 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 (Part 2 of Article 194 of the Labor Code of the Russian Federation):

1) On your own initiative.

The employer, based on his own observations of the employee, can issue an order (instruction) to lift a disciplinary sanction for the employee’s impeccable behavior, high performance indicators and other positive characteristics. As a rule, the HR department is entrusted with monitoring the behavior of an employee after a disciplinary sanction has been imposed on him. In this case, personnel officers will initiate the removal of the disciplinary sanction.

2) At the request of the employee himself.

The employee, realizing his negative behavior, made every effort to correct the consequences of a previously committed disciplinary offense, established himself with positive side, increased the quality and performance of his work. Why doesn’t he himself turn to the employer with a request to take into account his services to the organization and “forget” about the previously committed offense? He must put his request in writing in the form of an application addressed to the head of the organization or the person whose administrative act imposed the disciplinary sanction.

3) Upon request immediate supervisor employee.

The initiative of the immediate manager is expressed in a document entitled “petition” or “representation”.

4) At the request of the representative body of workers. The representative body can express its opinion in the same form as the employee’s immediate supervisor (that is, in a petition or presentation).

A petition to lift a disciplinary sanction against an employee can also be voiced orally, for example, at a meeting labor collective. In this case, it is recorded in the minutes of the meeting and must be reviewed by the employer.

The final decision on whether or not to lift a disciplinary sanction based on a request from an employee or a petition from an immediate supervisor or a representative body of employees is made by the employer, or rather, the person whose administrative act applied it.

To remove a disciplinary sanction, the employer must issue an appropriate order (instruction), on the basis of which the documents on personnel records relevant information is entered.

Discontinued misdemeanor – if an employee has committed a disciplinary offense (for example, made an error in a report), he independently discovers it and uses all the methods available to him to eliminate the error and minimize or eliminate it negative consequences of his misconduct, then this, undoubtedly, should be regarded as a mitigating circumstance and be the basis for not applying a disciplinary sanction to the employee or mitigating it.

If an employee has committed a disciplinary offense, the employer has the right to apply to him any disciplinary sanction provided for by law (with the exception of dismissal, for which a number of factors are taken into account). additional conditions). Article 192 of the Labor Code of the Russian Federation provides for the following types of penalties: reprimand, reprimand and dismissal. Other types of penalties may be provided for only in federal laws, charters and regulations on discipline for certain categories of workers.

The introduction by some employers of such types of penalties as fines deducted from wages for lateness or other violations is unlawful.

For misconduct regarded as a gross violation of labor duties, you can be fired immediately, without prior penalties. Such offenses are: absenteeism, appearing at work in a state of intoxication, disclosure of trade secrets and other violations (clause 6 of Article 81 of the Labor Code of the Russian Federation).

Since the entry into force of the Labor Code of the Russian Federation, the right to choose the type of disciplinary sanction belongs entirely to the employer. The legislation does not prohibit an employer from bringing an employee to both disciplinary and financial liability for the same offense. If the purpose of the first is to suppress the misconduct, then the purpose of the second is to compensate for the damage caused to the employer, including as a result of the commission of the misconduct. This follows from Part 6 of Article 248 of the Labor Code of the Russian Federation: “compensation for damage is made regardless of the employee being brought to disciplinary, administrative or criminal liability for actions or inaction that caused damage to the employer.” When bringing an employee to disciplinary and financial liability at the same time, the employer must fulfill the requirements established by Chapters 30 and 37 of the Labor Code of the Russian Federation.

Suspension from work carried out according to the rules established by Article 76 of the Labor Code of the Russian Federation is not a disciplinary sanction. The employer has the right to apply a disciplinary sanction to an employee who, due to his (the employee’s) fault, has not completed the mandatory periodic medical checkup, and at the same time obliged to remove him from work. The same actions can (in relation to the application of disciplinary sanctions) and must be taken (in relation to removal) if the employee, through his own fault, has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner. The employer must suspend an employee who appears at work in a state of alcohol, drug or toxic intoxication; however, the suspension will not prevent him from bringing the employee to disciplinary liability.

Power to impose disciplinary action

Part 1 of Article 22 of the Labor Code of the Russian Federation gives the employer the right to apply disciplinary sanctions to employees. The rights and obligations of the employer in labor relations are exercised (Part 4 of Article 20 of the Labor Code of the Russian Federation):

An individual who is an employer;

By governing bodies legal entity(organizations) or their authorized persons in the manner established by laws, other regulatory legal acts, constituent documents of a legal entity (organization) and local regulations.

In organizations, the right to bring an employee to disciplinary liability is usually vested in the sole executive agency, that is, the head of the organization ( CEO, director, president, etc.). This right is enshrined either in the constituent documents or in other local regulations of the organization (for example, in the regulations on the general director, regulations on material and moral incentives for personnel), as well as in the employment contract with the head of the organization.

By order on the distribution of responsibilities, the head of the organization can delegate the authority to bring employees to disciplinary liability to his deputy for personnel or other official. Also, such a right may be established for certain officials in their job descriptions (if any).

It is extremely rare that the authority to apply disciplinary sanctions is transferred to managers structural divisions. As a rule, in resolving issues of bringing to disciplinary liability, line managers are assigned the role of initiator of disciplinary action - they are assigned the right to send submissions on bringing subordinate employees to disciplinary liability, reports or memos containing proposals to bring the employee to disciplinary liability, since it is they monitor the work of their subordinate employees and are a direct witness to the employee’s failure to perform or improper performance of his duties.

Thus, if a disciplinary sanction was applied by a person not authorized to bring the organization’s employees to disciplinary liability, and as a result of consideration of the case in court or in a labor dispute commission, or an inspection by the state labor inspectorate, it is canceled, then the employer risks missing the deadlines allotted by the Labor Code of the Russian Federation for the application of disciplinary sanctions.

Decor

First, the employee's violation must be documented. This can be done in the form of an act, an official memo, or a memorandum.

Example 1

to CEO

Smirnov A.L.

From the head of the technological workshop

Sidorova S.R.

REPORT

I would like to inform you that today, April 15, 2007, my subordinate mechanic Petrov A.Zh. was late for the start of the shift by 2 hours due to which the mechanic of brigade No. 3 Kunin P.R. was involved in overtime work, since due to the continuity of the technological process it was impossible to leave this section without a mechanic.

It is better to apply disciplinary measures to the offending employee since he was late for work different time– He systematically allows 10-20 minutes and verbal comments do not affect his behavior, because of which the entire team suffers, which must cover the required amount of work during this time.

Head of the technological workshopsignature Sidorov S.R.

You can also “ask” the employee to provide an explanation in the form of an administrative document (order). It is advisable to hand over this order (see Example 2) in the presence of witnesses, so that in the event of the employee’s refusal, a report about this can be drawn up.

Example 2

ORDER

Requesting an explanation

Due to being late for work on April 15, 2007 by two hours and violating normal operation technological workshop,

I ORDER

To mechanic Petrov A.Zh. within two working days according to Art. 193 of the Labor Code, provide the personnel department with written explanations regarding this fact. Based on these explanations, a decision will be made to apply disciplinary action to the employee. If the employee has documents confirming valid reasons for being late for work, they must be attached to his explanations.

The employee’s refusal to provide written explanations will be interpreted as the employee lacking valid reasons and disciplinary action will be taken against the employee.

Reason: memorandum from the head of the technological workshop S.R. Sidorov. dated 04/15/2007.

CEOsignature Smirnov A.L.

I have read the order:

The explanatory note is drawn up by the employee in any form. On the explanatory note, the general director or other authorized person puts down a resolution with a decision on this issue. It can be either recognizing the reasons as valid or disrespectful and applying a disciplinary sanction to the employee (its type is indicated), signature and date of the official. The resolution is usually placed in the upper heading or any free part of the document.

Example 3

“The reasons specified in the explanatory

be considered disrespectful

apply disciplinary action

in the form of a reprimand. Issue an order to the HR department.

Smirnov A.L. signature

04/16/2007"

The employer's decision to apply a disciplinary sanction to an employee must be expressed in an order (instruction) of the employer. Within three working days from the date of publication, in accordance with the requirements of part six of Article 193 of the Labor Code of the Russian Federation, it must be announced to the employee against receipt.

If a decision is made to apply such a disciplinary sanction as dismissal on the appropriate grounds, then the order (instruction) is drawn up according to the unified form No. T-8 - on termination of the employment contract with the employee. In this case, in the lines “Grounds for dismissal” a link is given to the clause and article of the Labor Code of the Russian Federation, and in the line “Grounds” the documents are listed that document the fact of detection of a disciplinary offense (act, explanatory note, etc.).

Since the unified form of a general order (instruction) on the application of a disciplinary sanction in the form of a reprimand or reprimand has not been approved at the federal level, the employer independently determines its content. An order to impose a disciplinary sanction is an order for personnel, despite the fact that there is no unified form for it and it is drawn up according to the rules of orders for the main activity: with a stating and administrative part. This order can be complex, that is, one order can impose disciplinary sanctions on several employees.

Such an order (instruction) should reflect:

The essence of the disciplinary offense;

Time of commission and time of discovery of the disciplinary offense;

Type of penalty applied;

Documents confirming the commission of a disciplinary offense;

Documents containing the employee’s explanations.

In the order (instruction) on the application of a disciplinary sanction (see Example 4) you can also cite summary employee explanations.

When imposing a disciplinary sanction, it is recommended that the draft order be endorsed by the head of the legal service or the organization’s lawyer. The approval must be preceded by a check of the order (instruction) for compliance with the legislation of the applied disciplinary sanction and compliance with the deadlines for bringing to disciplinary liability. The head of the legal service or the organization’s lawyer must familiarize himself with all materials relating to the disciplinary offense, as well as the explanations of the employee for whom the order (instruction) to apply a disciplinary sanction is being prepared.

Example 4

ORDER

On imposing a disciplinary sanction on Petrov A.Zh.

Due to being late for work on April 15, 2007 for two hours without good reason and disruption of the normal operation of the technological workshop,

I ORDER

To impose on the mechanic Petrov A.Zh. disciplinary action in the form of a reprimand.

Reason: memorandum from the head of the technological workshop S.R. Sidorov. dated 04/15/2007, explanatory note by A.Zh. Petrov. dated 04/16/2007.

CEOsignature Smirnov A.L.

I have read the order:

Mechanic ____________________ A.Zh. Petrov

"___"_______________________ 200__

If the employee refuses to provide an explanation, sign an order imposing a disciplinary sanction, a report is drawn up on familiarization with the act. The report is drawn up by a commission (in the presence of at least two witnesses) in the presence of the employee; it describes the current situation in detail and is brought to the attention of the employee against signature (see Example 5). If the employee refuses to familiarize himself with the act, the act is read to the employee and the signatures of witnesses are affixed to it, confirming that the employee refused to familiarize himself with the act under signature.

Example 5

ACT

On the refusal of mechanic Petrov A.Zh. provide explanations

By me, the head of the personnel department, V.D. Sorokina, in the presence of two witnesses, security guard G.N. Lunev. and economist Vykulev T.D. On April 17, 2007, in room 207 (personnel department), a written explanation was requested from mechanic A.Zh. Petrov regarding the fact that he was two hours late for work on April 15, 2007.

On the day of delay, the employee was given an order requiring him to provide written explanations. The employee was familiarized with the order and signed.

Within two working days, the employee did not provide any written explanations or documents confirming valid reasons.

Today, April 17, 2007, at my request, the employee came to the personnel department and confirmed that he would not provide an explanation, since he had already told the shop manager that he overslept and had no other explanation.

The consequences of his refusal were explained to the employee, to which the employee stated that he would not write a written explanation anyway.

Head of Personnel Departmentsignature Sorokina V.D.

Security guard

Luneva G.N. Lunev

Economist

Vykulev T.D. Vykulev

Acquainted:

Mechanic Petrov A.Zh _____________________________________

Mechanic Petrov A.Zh. He refused to familiarize himself with the act against signature, citing the fact that he “didn’t see the point in it.” The report was read to the employee by the head of the personnel department, V.D. Sorokina.

Head of Personnel Department

Sorokina V.D. Sorokina

We confirm the facts specified in the act:

Security guard

Luneva G.N. Lunev

Economist

Vykulev T.D. Vykulev

So, to summarize:disciplinary action is the right of the employer and is enshrined in law to build personnel discipline in the company. But, along with this right, the employer is entrusted with the obligation to comply with the procedure for imposing this disciplinary sanction. And failure to comply with it deprives the employer of this right. In this procedure, the key role belongs to those officials of the organization who draw up the relevant personnel procedures and documents.

Labor activity requires citizens to properly fulfill the duties assigned to them and comply with established routines and rules of behavior, violation of which is a disciplinary offense. This concept implies bringing the perpetrators to justice in the form of disciplinary action.

At the same time, this measure is used by the employer at his own discretion, that is, the legislation does not oblige him to apply any measures of influence against an employee who has committed an offense, but only gives him such a right (Part 1 of Article 22 of the Labor Code of the Russian Federation). Therefore, the decision to impose a penalty is made independently.

However, bringing an employee to disciplinary liability requires the management of the enterprise to comply with the procedure established by law. It provides for the mandatory requirement of written explanations from the violator, as well as an internal investigation, if necessary.

The need to prove the employee’s guilt in the occurrence of negative consequences due to his commission of deliberate actions, failure to fulfill his job responsibilities or through negligence lies with the employer. If there are no sufficient grounds to bring a person to disciplinary liability, a penalty cannot be imposed on the worker.

This also applies to situations where the onset of negative consequences or failure to fulfill his official duties was not due to the fault of of this person. Disciplinary offenses also do not include offenses by a citizen that are not related to the performance of his official duties.

Labor legislation establishes two types of disciplinary liability: general and special. The first applies to all workers and can be applied to any employee if he commits violations of labor discipline. Penalty measures in this case are established by federal regulations, as well as local documents, which apply to all workers of the enterprise.

Special responsibility, in turn, extends to a separate category of workers and is established by relevant industry regulations or local documents. It provides for the imposition of stricter sanctions on those responsible.

IN general procedure According to Article 192 of the Labor Code of the Russian Federation, the following types of disciplinary action may be applied to the offending employee:

• Comment;
• Rebuke;
• Termination of an employment contract.

When preparing documents, the management of the enterprise or an employee authorized by it must indicate the type of penalty applied in the wording specified in Labor Code. Therefore, the clause on termination of employment relations, as a measure of disciplinary liability, must contain the wording “dismissal”, otherwise the employee who received the penalty can appeal this decision.

Separately, it is necessary to mention the offenses for which the commission is subject to administrative or criminal liability. In this case, the imposition of a disciplinary sanction is possible only if the crime contains elements of a disciplinary offense. Otherwise, the imposition of penalties by the management of the enterprise is impossible.

As for combining material and disciplinary liability, an employee can be held accountable for them simultaneously if industry or local regulations provide for such a possibility.

Differences between disciplinary offenses and other types of violations

A disciplinary offense is a special type of offense that is associated with the implementation by a person labor activity. Any job imposes certain responsibilities on citizens and establishes rules of conduct. At the same time, these restrictions are enshrined in federal, industry and local regulations.

Violation of established rules, depending on its severity, can be classified as a crime or misdemeanor. Based on this, as well as the circumstances of the offense, the responsibility to which the citizen is held is determined.

A person can commit both a crime and a misdemeanor at the workplace. But not every one of them can be considered a disciplinary offense. This group includes actions or inactions directly related to the worker’s performance of his job duties.

Another difference between disciplinary responsibility and its other types is the specifics of its imposition. Firstly, the imposition of penalties is carried out by the head of the enterprise, and if the guilty person is the director, then by a higher organization, if there is one. Secondly, bringing to this type of liability is not mandatory. That is, when a disciplinary offense is identified, the employer independently determines whether he will impose a penalty on the employee or not.

Despite the fact that a worker may commit a crime or misdemeanor at the workplace, the employer does not have the right to bring him, for example, to administrative liability. Depending on the type of offense committed and its severity, the imposition of an appropriate penalty is carried out by an authorized person or organization.

The head of the company, for his part, can punish an employee only for an offense directly related to the performance of his official duties. On the other hand, a worker cannot be held accountable by other persons or bodies for similar violations.

To impose a penalty, the employer must take a number of mandatory actions:

• Request written explanations from the offending person, and if they refuse to provide them, draw up a corresponding act signed by at least two witnesses.
• Collect evidence confirming the guilt of the specified person in the occurrence of negative consequences.
• If necessary, conduct a full internal investigation.
• Draw up an order to impose a disciplinary sanction on the guilty employee and hand it over to the employee against signature.

When determining the measure of influence on an employee, it is necessary to take into account the severity of the offense committed, as well as the degree of his guilt. For example, this type of penalty such as dismissal can only be applied to a worker who has committed an offense that is incompatible with further continuation of work in this position.

In some situations, the classification of an offense may be difficult due to the rather vague wording contained in the provisions of the current legislation. In such cases, the employer often has to contact the authorized bodies and wait a long time for a response from them on whether to initiate or refuse to initiate proceedings against the perpetrator. Only after this the management of the enterprise has the right to impose a disciplinary sanction on the worker.

In this case, it is necessary to take into account the deadlines for bringing to justice, after which it will no longer be possible to punish the guilty person. In general, a disciplinary sanction can be imposed within a month after the discovery of an offense, with the exception of the time spent waiting for a response from the authorized bodies. But at the same time, the guilty person can be brought to justice no later than 6 months from the date he committed the offense.

Number of penalties for one disciplinary offense

In accordance with Part 5 of Article 193 of the Labor Code of the Russian Federation, for committing a disciplinary offense, only one disciplinary measure can be imposed on the guilty person. Thus, the employer can choose only one sanction as punishment for an offense committed by the worker. And if he chose one measure of influence when making a decision, then he will no longer be able to change it later.

If an employer, for example, wants to fire an employee, but the severity of his offense does not allow him to impose this type of penalty, then he will have to limit himself to issuing a reprimand. But if the employees commit another offense before the penalty is lifted, the employer has the right, in accordance with clause 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation to terminate employment relations with him.

According to the norms of current legislation, the validity period of a reprimand declared to an employee is one year. After this time, the disciplinary sanction is lifted automatically. If an employer, for whatever reason, wants to prematurely remove a reprimand from an employee, then he has this right. To do this, he will need to issue an appropriate order and make an entry in the employee’s personal file.

At the same time, if the manager chose termination of the employment relationship as a measure of influence, then subsequently he will not be able to cancel his decision or change it. Reinstatement of an employee at work can only be carried out by decision of the authorized bodies. The employer has the right to hire the employee back after dismissal, but he will no longer be subject to penalties.

As for bringing to financial responsibility, it can be applied both separately and together with disciplinary. It is important to remember that the grounds for these types of liability are different and in order to impose the appropriate penalty, it is necessary to establish the existence of the necessary circumstances and follow the procedure established by law.

Signs of a disciplinary offense

When considering the issue of imposing a disciplinary sanction on an employee, management first of all needs to evaluate the employee’s actions and determine whether there are grounds for holding him accountable. Signs of a disciplinary offense are:

1. The presence of a violation of established labor rules or improper performance by an employee of his work, expressed in the form of deliberate actions or criminal inaction.
2. The duties that the employee was required to perform were assigned to him current legislation, an employment contract or local regulations of the enterprise.
3. A direct connection must be established between the employee’s actions and the violation of established rules or the resulting negative consequences. At the same time, the presence of criminal intent on the part of the employee is not necessary.

The employer is obliged to establish the presence of all indicated signs before the decision final decision and bringing the worker to disciplinary liability. It must be taken into account that the actions of an employee for which he may be held accountable may not entail negative consequences. If he violated the established rules, for example, was late for work, but this did not entail any negative consequences, the employer has the right to impose a disciplinary sanction on him.

Types of disciplinary offenses

The current labor legislation does not provide an exhaustive list of citizens’ offenses for which they can be subject to disciplinary liability. At the same time, Article 81 of the Labor Code of the Russian Federation specifies offenses that entail termination of employment relations. Among them are such disciplinary offenses, examples:

• Absenteeism;
• Refusal to perform the duties assigned to the employee;
• Working in a state of toxic, alcoholic or other type of intoxication;
• Refusal to undergo medical examination. examinations or prof. training, if any, for the position held by the citizen;
• Disclosure of data protected by law as a commercial, state or other secret;
• Committing theft while performing official duties (in this case, damage can be caused to both the employer and other employees of the enterprise);
• Providing knowingly false information (fake documents) when applying for a job.

However, even in relation to these offenses, the employer can prescribe a disciplinary measure other than dismissal, since it is he who makes the decision to bring the worker to disciplinary liability.

The entire life of a full-fledged citizen is tied to compliance with sets of rules and laws. Social norms and the rules are regulated by separate legal institutions. Depending on the nature of the violation, it is classified as either a crime or a misdemeanor. In turn, the latter can be divided into three main types: disciplinary, administrative and civil law.

What is a disciplinary offense

In any developed society, failure to comply with norms and order entails punishment. The labor activity of a citizen is no exception. While performing his or her job duties, an employee may commit a deliberate or unconscious violation of labor discipline, which will entail subsequent penalties.

This is any failure or non-compliance by an employee with his job duties, which he officially agreed to perform when concluding an employment contract. The punishment for this type of violation is assigned by the employer.

Examples of disciplinary offenses

Each organization has its own standards of behavior, which an employee can become familiar with when concluding an employment contract. However, we can list the most common types of offenses:

• late for work,
• showing up at work in an inappropriate manner,
• ignoring the dress code,
• drinking alcoholic beverages during working hours,
• refusal to undergo a medical examination,
• failure to comply with management orders,
• leaving the workplace without permission from superiors,
• damage to the employer's property, theft of funds,
• violation of norms of behavior and communication with clients, if the list of such is established in this organization.

For committing a disciplinary offense, the employer has the right to apply the following disciplinary sanctions:

• Fine;
• Demotion and salary reduction;
• Removal from official duties;
• Dismissal;
• Dismissal with a corresponding note of disciplinary action in the work book.

This issue is considered in more detail.

Gross disciplinary offenses by military personnel

For military personnel, prosecution is carried out on the basis of violation of military discipline. The roughest ones include:

• willful departure from the territory of a military unit without appropriate permission;
• violation of the statutory rules of guard duty, patrol, combat duty, border service;
• intentional damage, theft of military property;
• deliberate careless handling of weapons, ammunition, chemicals or other objects/substances that may pose a danger to others;
• improper operation or damage to military equipment;
• performing guard duty, border duty, duty, patrolling while under the influence of drugs or alcohol;
• non-acceptance necessary measures military personnel when one of his subordinates commits an offense, as well as concealing the fact of the violation and failing to report the incident to higher management.

The difference between a disciplinary offense and an administrative offense and a crime

If a citizen can commit a disciplinary offense while performing labor discipline, then administrative offenses are regulated by administrative law and imply the commission of socially dangerous actions. For example, an employee left while intoxicated workplace at inopportune hours without warning management, and then he went to the playground, where he continued to drink alcohol. In such a case, the citizen violated both labor discipline and administrative law. Accordingly, a citizen expects two types of punishment: disciplinary from the employer and administrative from the relevant authorities.

Is it possible to apply two penalties for a disciplinary offense?

As a punishment for this type of violation, the employer can apply three types of punishments, which are classified by degree of severity:

• comment,
• rebuke,
• dismissal.

For each offense, the employer has the right to apply only one penalty, and not necessarily in an increasing order: from the least to the most severe with the commission of each offense. If the offense is regarded by the employer as extremely serious, he has the right to immediately apply the most severe penalty: dismiss the employee.

If two or more penalties were applied to an employee simultaneously for one violation, his rights were violated, he must send a complaint to the federal labor inspectorate. However, the employer has the right to apply a penalty for the violation in parallel with bringing to financial liability if, due to non-compliance with labor discipline, the employee caused material damage to the employer’s property.

Act on the commission of a disciplinary offense by an employee - sample

There is a universal sample of an act of non-compliance by an employee with work ethics, which is filled out by the employer.

To maintain a normal level of labor discipline at enterprises, rules are introduced, instructions and technological processes are approved. Their violation gives the employer the right to apply various sanctions provided for by law to the employee.

What it is

Guilty actions of an employee aimed at deliberate violation of labor, technological or service discipline are called disciplinary offense. All employee actions at the enterprise are regulated by internal regulations (rules governing working conditions, official or job descriptions, instructional documents on labor protection issues), which are communicated to the employee before starting work against signature.

The administration can bring an employee to disciplinary liability in cases, When:

• the fact of non-compliance with the current normative document;
• the guilt of a specific employee in this fact has been proven;
• the employee was previously familiar with documents (rules, instructions, regulations) prohibiting the performance of illegal actions against signature;
• it has been proven that the guilty act was committed consciously; there were no circumstances that relieved the employee of responsibility.

All this should be verified during the internal investigation. until a decision is made to punish the employee.

Is there a concept in laws/regulations

The concept of “disciplinary offense” is regulated by Article 192 of the Labor Code of the Russian Federation. The legislator interprets this term as failure or improper performance by a citizen of the labor functions assigned to him through his fault.

The penalties used are reprimand, reprimand, dismissal. Here it is necessary to indicate that the employer has the right to apply only one of the listed types to the employee.

Special federal laws, various charters, regulations governing issues of discipline for civil servants may contain other types of enforcement measures.

The difference between an administrative offense and a disciplinary one

An administrative offense is considered to be illegal actions of citizens aimed at minor failures to comply with public rules defined by the Code of Administrative Offenses of the Russian Federation. Such actions are differentiated according to separate categories and characteristics.

Reviewed by authorized officials vested with security rights in a particular industry.

The main difference between an administrative offense and a disciplinary one is scope and procedure of application. Punishment is imposed solely by the employer in relation to his subordinate employee. By administrative legislation Any citizen (even a foreigner) who has violated an article of the Code of Administrative Offenses can be brought to justice.

The concept of “administrative offense” was replaced by "administrative offense". The concept of “disciplinary offense” has not changed.

Signs, composition, varieties

You can hold an employee accountable only for a real wrong action. The employer must first outline the rules in specific internal regulations. Their list usually includes:

• current internal labor rules;
• job, technological, work instructions;
• documentation regulating labor safety issues;
• individual employment contract;
• general legislative documents.

The employee must be familiar with all this before starting work, subject to signature. If, due to guilty actions, at least one of the clauses of such documents is violated (even without serious consequences), the employer has the opportunity to hold the employee accountable.

A labor violation is considered any illegal actions deviating from the labor, technological, and executive discipline established at the enterprise.

In the process of considering a disciplinary case, it is necessary to take into account all the nuances in which it was admitted. All deviations should be considered as set of factors:

1. There is a violation of the current regulatory document.
2. The presence of employee guilt.
3. The relationship between the violation and the employee (how he personally could have influenced the outcome of the incident). Here it is worth considering the situation from the point of view of action or inaction.
4. Unlawful actions must be included in the individual responsibilities of the employee.

Before applying punishment to an employee, the employer is obliged to study all the circumstances in which a deviation from the instructions was recorded, consider them from various angles, and demand written explanations on this fact from all involved (guilty) persons.

Standards for violation of which provide liability can be established at the legislative level (for example, absenteeism, violation of labor protection, being intoxicated at the workplace, etc.), local regulations on discipline (ethics of business communication, dress code when performing work functions), as well as an employment contract (scope and direction of work for the position).

Degree of punishment directly will depend on the arising or possible consequences for a specific violation. The legislator determined that the employer can, but is not obliged to hold subordinates accountable for all types of violations of discipline. In the future, if such a right was not exercised, and this caused more serious consequences, the blame for this will fall on the employer.

For example, an employer found an employee drunk in the workplace, but did not fire him. IN further employee due to intoxication creates emergency situation in production. When considering a specific case, blame can be divided between the employee (performing work functions while drunk) and the administration (failure to take action against a violator who was previously found in such a state).

Employer on one's own determines the employee’s level of responsibility for incorrect actions. For example, for absenteeism, the law allows the employee to be dismissed immediately. But if the administration decides to reprimand or warn such an employee, this will not be a violation.

Therefore, each violation must be considered comprehensively, taking into account the citizen’s past merits, his professionalism, qualifications, and characteristics in the team. Sometimes unionization can be important.

Responsibility for misconduct

The law provides three main types of disciplinary liability. This includes:

1. A warning is also a note.
2. Rebuke.
3. Dismissal.

Each violation must be properly documented, the employee is informed of the punishment imposed on him in writing against signature. The document confirming the fact of the penalty is kept in the personal file. The measure of responsibility will depend on the severity of the offense, as well as the presence of repetition of similar acts on the part of the worker.

Federal laws for employees may provide additional types penalties (example, severe reprimand, warning about professional inconsistency, demotion in rank).

Liability is regulated solely by law.

Is there a punishment for everything?

The employer decides whether or not to hold the employee accountable after conducting an appropriate official investigation. Here you should take into account nuances:

• whether the employee is directly related to the misconduct that occurred;
• whether the employer familiarized the employee with the provisions of the regulatory document, which was not followed;
• during the consideration of the case, it is mandatory to require an explanatory statement from the employee;
• the employer (who has the right to hire and fire employees) is required to consider the offense and decide on punishment;
• The entire procedure for considering the fact must be followed.

The degree of guilt of employees is established individually. In the process of deciding on punishments, all previous merits of the worker, the presence of other violations, and incentives should be taken into account.

When a violation of labor discipline is committed for the first time and does not have serious consequences (for example, an employee was 30 minutes late for work for the first time), the employer has the right to limit himself to a simple remark.

It is advisable to consider when and what penalties should be applied.

1. Comment. It is considered the lightest form of punishment. Usually it simply “signals” that the employee has violated for the first time established rules. At the same time, in collective agreements for such a violation, a reduction in the level of bonus remuneration by a certain percentage may be provided.
2. Rebuke. The most common type of punishment for a disciplinary offense. It is used when the violation entailed certain consequences, or for systematic minor violations that were recorded earlier. With this type of punishment, all types of incentives are withdrawn for the period of the penalty.
3. Dismissal. The most severe form of punishment. To dismiss an employee under the article, it is necessary to prove that such a violation actually occurred (for example, being drunk at work, proven by a medical report, loss of confidence due to illegal actions resulting in a loss for the company, absenteeism, absence from work for more than 4 hours for one day of work).

Local regulations governing bonuses may provide for a reduction in bonus payments in the event of certain actions that are not considered a serious labor discrepancy.

Is it possible to impose double punishment?

The law does not provide for the possibility of punishing twice for the same violation of labor discipline. Punishment can be applied no later than 6 months from the date of occurrence of the violation (for financial violations, the statute of limitations is 2 years).

It is drawn up by an order, which is given to the violator for review during three days after registration. The absence of his signature does not stop the order.

These rules do not apply to cases where we are considering different kinds responsibility. A citizen can twice be punished in the event of disciplinary, material, administrative and criminal liability.

Eg, while doing his job, the citizen stole the property of the enterprise. He may be fired from his job and at the same time brought to administrative (for petty theft) or criminal (the theft was major) liability. Next example: for violation of norms fire safety the employee may receive a reprimand (for failure to comply job description), and also pay an administrative fine (as a responsible person).

One more example. Due to proven unlawful actions of the financially responsible accountant, the company suffered significant losses. The employee can be reprimanded (or even fired), and also ordered in court to return the material damage caused.

What is not recognized as a disciplinary offense

In the process of considering unlawful actions, the employer is obliged to take into account the positions of all parties and be sure to require a written explanation from the employee. If during an internal investigation objective reasons are established that prove that the employee did not have a real opportunity to fulfill the obligations assigned to him, the employer has no right to reprimand him.

Examples:

1. The employee was absent from work due to a doctor's visit and brought the appropriate certificate. This will not constitute truancy.
2. The employee was not initially familiarized with the instructions correct use equipment, because of which his actions damaged the unit. This is also the fault of the administration.
3. The employer decided to oblige the employee to perform extra work, not described in its work instructions. After the employee refused, he decided to bring him to disciplinary action. Such actions will also be considered unlawful in the future.

Objective reasons, which are considered respectful and relieve a citizen from punishment, are:

• failure to provide the employee with the materials and equipment necessary for work;
• violation of working conditions and creation of a situation dangerous to life and health;
• temporary disability;
• visits (subpoenaed) to the prosecutor's office and other law enforcement agencies;
• emergency, natural disaster, other force majeure circumstance.

If such circumstances are not taken into account during the initial investigation, the penalty can later be canceled through the court.

Additional information is provided in this broadcast.