Sample order to remove a disciplinary sanction. How to compose it correctly

Who writes and what to include in the document

There is no approved form of the document. It can be drawn up in the form of a memo, statement, or petition.

It is written in any form addressed to the head of the organization. The text must contain information about the offense committed, the employee’s merits during the time that has passed since the punishment was applied, as well as a request for its early repayment.

Sample petition to lift a disciplinary sanction

In what cases can you apply?

Disciplinary action can be of three types: reprimand, reprimand and dismissal .

Sample of filling out a report to encourage a military personnel

Disciplinary action can be lifted only in two ways:

automatic withdrawal, which is carried out after a year has passed from the moment when the appropriate penalties were applied to the employee;
on the basis of a petition generated by the employee’s boss or a representative body of workers, and in Art. 194 of the Labor Code there is information that the initiative to lift such a penalty can even come from the employer himself.

A correctly drawn up petition must be endorsed by the employer, after which, on the basis of this paper, an order is issued, according to which the penalty is lifted.

Important! In Art. 66 of the Labor Code states that no data on the imposition of various penalties is entered into work books, but the exception is the situation when a person is fired under any article.

The law does not contain information about when this petition must be filed, so it can be submitted to the employee’s employer the very next day after the penalty is imposed.

If a company employee violates labor discipline, then management can apply to him on the basis of Art. 22 and Art. 192 of the Labor Code various disciplinary measures. In what order is a report on violation of labor discipline drawn up and submitted? Read the link.

Important! If it is represented by dismissal, then the employee cannot remove it, therefore it is not allowed to rehire him.

What is an act of violation of labor discipline and how to fill it out correctly - find out here.

It is allowed to film only reprimands and remarks, and also only in a situation where the person continues to work in the company. The initiator of the removal of such a penalty may be:

a direct employee who, during work, violated the basic requirements of his employer, therefore appropriate penalties were applied to him;
the employer who decided that the penalty should be lifted;
employee's supervisor;
a collective body representing the interests of employees, usually a trade union or meeting of company employees.

The employee's immediate superiors or trade unions must draw up the petition. It can be formed immediately after the decision is made by the company’s management.

Sample petition for removal of foreclosure.
The application is submitted directly to the head of the company. If he makes a positive decision, then an order is issued to lift the penalty. The employee must be familiarized with it, after which he is released from these penalties. Usually the process does not take more than two weeks.

You can find out what depreciation is and in what order it is carried out at an enterprise in this article.

{amp}gt; {amp}gt; On October 11, 2021, this document may be needed if one or another participant in the labor relationship intends to remove the penalty from the employee ahead of schedule. Let's look at how it is compiled. Documents and forms will help you: If an employee commits a disciplinary offense, the employer has the right to apply one of the disciplinary sanctions to him (Art.

22, 192 Labor Code of the Russian Federation). Their list is defined in Art.

192 Labor Code of the Russian Federation:

Comment.
Rebuke.
Dismissal.

Obviously, the question of lifting the penalty cannot be raised in relation to a dismissed employee. Therefore, only the punishment imposed in the form of a reprimand or reprimand can be removed.

And only if the employee, at the time of removal, continues to work for the employer who determined his punishment for the offense.

Read more about what actions are needed to issue a reprimand in the material.

On our forum you can consult on resolving any difficult situation that arose during the interaction between employee and employer.

In, for example, you can clarify how to competently carry out the procedure for dismissing an employee at the initiative of the employer.

How a penalty can be lifted is written in Art. 194 Labor Code of the Russian Federation. There are two possibilities for this:

After the expiration of the penalty (1 year) from the moment it was issued, if the employee did not commit new disciplinary offenses during this period.
Ahead of time, if anyone takes the initiative in this matter.

Both types of punishment (reprimand and reprimand), as a rule, are assigned by an organizational and administrative document reflecting the decision of the employer’s manager and signed by him. Accordingly, the decision on early removal of foreclosure will be made at the same level and formalized in a similar way.

We invite you to read: Disciplinary action in the form of dismissal for absenteeism

Upon expiration of the validity period, the penalty is lifted automatically and does not require the execution of a special order. For early withdrawal, someone's initiative is needed.

It can come from:

employer's manager;
employee;
the employee's immediate supervisor;
representative body of the collective, which can be either a trade union organization or a meeting of workers.

The head of the employer who has made the decision to lift the penalty only needs to give instructions to prepare the appropriate order. The employee will write a statement addressed to the employer’s manager with a request to consider the possibility of lifting the penalty.

And the employee’s immediate superior or the collective body will have to draw up a petition to lift the disciplinary sanction. If the initiative to withdraw comes from a team meeting, such a document may be the minutes of the meeting or an extract from it. Read about how an organizational and administrative document for the removal of a punishment is drawn up in the material.

The petition does not have any special form, but must be in writing and contain the following information:

To whom and from whom does it come?
The essence of the request with reference to the position and full name of the employee, the type of punishment in force and the details of the document by which it was assigned.
Factors that allow you to apply for early removal of a foreclosure.
Signature (with transcript) of the person who compiled the document and the date of its preparation.

Based on this document, the employer’s manager will make a decision to remove the punishment or refuse it. A sample petition for the removal of a disciplinary sanction can be seen on our website.

A petition for early removal of punishment from an employee is a document that is not difficult to draw up, but requires its preparation to include all the necessary data that ensures the unambiguity of the information contained in it. We are giving gifts for Accountant's Day! We advise you to read the latest from the forum

Official encouragement is not just verbal praise, but an action that requires drawing up a report on the encouragement. How it will look depends on the type of incentive and who it is intended for. For example, if a serviceman had a disciplinary sanction, then it needs to be removed. This means you will have to write an application to remove the reprimand.

If not, then the choice of ways to formally praise an employee is much wider. According to the disciplinary charter, this may be an announcement of gratitude, an award, a title, and so on. In any case, the document must contain all the details without which it is not valid. This is a mandatory rule for drawing up any official papers.

To correctly imagine what this should look like, we will first consider the basic rules for writing a report for encouragement, and then draw up a sample of the finished document.

Removal of a previously received disciplinary sanction is the first on the list of possible rewards for a serviceman.

This is due to the fact that if there is a penalty, other types of incentives cannot be used.

The commander who applied it as punishment to a specific subordinate, or his direct superior who has the same disciplinary power, has the right to remove a disciplinary sanction.

Procedure

Article 194 of the Labor Code of the Russian Federation provides that after one year after the imposition of disciplinary punishment, it is removed automatically. The employee is considered not to have been held accountable.

Remember! To remove a penalty before the one-year period, you must:

prepare a petition for its removal;
enlist the support of your immediate supervisor;
prepare an order to lift the disciplinary sanction;
familiarize the employee with the order to remove the punishment from him.

Both the manager and the employee himself can take the initiative to lift the penalty early.

Important! If this is requested by the immediate superior, the head of the trade union, the general or trade union meeting, then they are obliged to justify their decision:

improvement of labor performance;
absence of violations of labor and production discipline;
compliance with internal labor regulations;
conscientious performance of their functional duties;
other positive traits and qualities of the employee.

Based on the results of the consideration, the manager issues an order in which the previously imposed penalty is lifted from the offending employee. The indicated person is introduced to the order against signature. If the decision to lift the penalty was made by the court, then the order indicates that it was issued in pursuance of the court verdict. If we are talking about reinstatement at work, then the corresponding entry is made in the employee’s work book.

This is also important to know:
How employees are deprived of bonuses under the Labor Code of the Russian Federation: procedure and its registration

Watch the video. Application of disciplinary sanctions. What's legal and what's not:

How to write about cancellation of punishment ahead of schedule

The following persons have the right to write a petition for the removal of the penalty:

Guilty person . If a person understands his guilt and is ready to work to correct the mistakes, he has the right to fill out an application and send it to his immediate superior for consideration. It is allowed to draw up the document in free form. The main thing is to include the required points and write the petition without errors.
The boss of the offending person . He is fully aware of the employee’s work and has the right to write a petition to close the punishment (suppose, in order to motivate the employee).

Also, the employer can independently decide to cancel the punishment early based on observations of the employee’s work activities.

Under such circumstances, there is no need to write a petition; it is enough to issue an order to annul the punishment for previously committed violations and familiarize the employee with it.

The form is not approved by law . However, there are basic points that are recommended to be included in the document:

applicant details: full name, department and position;
Title of the document;
designation of what the document is about;
number and date of filing the application;
information about the offender and her act: full name, position, department, type of penalty and methods of its application, details of the order;
request to remove the penalty indicating the reasons;
link to article 194 of the Labor Code of the Russian Federation, which gives the right to cancel punishment ahead of schedule;
applicant's signature.

Procedure for removing penalties

How a penalty can be lifted is written in Art. 194 Labor Code of the Russian Federation. There are two possibilities for this:

After the expiration of the penalty (1 year) from the moment it was issued, if the employee did not commit new disciplinary offenses during this period.
Ahead of time, if anyone takes the initiative in this matter.

Upon expiration of the validity period, the penalty is lifted automatically and does not require the execution of a special order.

Who initiates early withdrawal

Employee. If he realizes his guilt, he can himself make a proposal to reduce the effect of his punishment, for example, in the following formulation: “I realized my guilt. I have had no complaints from senior management about the results of my work since the day of the offense. From now on I undertake not to violate labor discipline. I ask you to cancel the disciplinary sanction ahead of schedule.” If such a document comes from an employee, it is endorsed by the immediate supervisor.

Trade union or other representative body. He sends his arguments in the form of a petition to the head of the organization. You can use the following wording: “During the time that has passed since the imposition of the penalty, Petrov P.P. fully complies with the requirements of labor discipline that are established at the enterprise, and has also proven himself to be an excellent worker; he efficiently fulfills the labor duties assigned to him. There have been no complaints against him recently.”

This is also important to know:
Absenteeism from work under the Labor Code of the Russian Federation: punishment

The employee's immediate supervisor. If he considers that the person brought to justice is worthy of repaying the punishment ahead of schedule, then he draws up an appeal addressed to the head of the organization with a request for its early cancellation. In this case, you can use the same text as in the example for the trade union.

Free legal consultation

We will answer your question in 5 minutes!

Free legal consultation We will answer your question in 5 minutes!

Call: 8 800 511-39-66

Ask a Question

Head of the organization. If the initiative to shorten the period of disciplinary action comes from him, then the procedure is simplified. The head of the enterprise, having drawn a conclusion from his own observations, can make a decision orally and bring it to the personnel department to issue an order to repay the penalty. In this case, there is no need to submit any petition.

Report on the removal of a previously imposed penalty on a serviceman

Disciplinary sanctions are applied on the following grounds: The employee ignores his duties to one degree or another.
An employee is late for work without any reasonable reason. The actions of a person have signs of both intent and negligence. The employee was familiarized with his job responsibilities. The violation was registered in accordance with the requirements of the law. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, ask your question to an online consultant. It's fast and free! How to remove a disciplinary sanction by petition Report on promotion For what penalties can we talk about their removal? If an employee commits a disciplinary offense, the employer has the right to apply to him one of the disciplinary sanctions of Art.

Their list is defined in Art. Obviously, the question of lifting the penalty cannot be raised in relation to a dismissed employee. Therefore, only the punishment imposed in the form of a reprimand or reprimand can be removed. And only if the employee, at the time of removal, continues to work for the employer who determined his punishment for the offense. On our forum you can consult on resolving any difficult situation that arose during the interaction between an employee and an employer.

In this thread, for example, you can clarify how to competently carry out the procedure for dismissing an employee at the initiative of the employer. Procedure for lifting penalties How a penalty can be lifted is written in Art. There are two possibilities for this: After the expiration of the penalty, 1 year from the date of its issuance, if the employee has not committed new disciplinary offenses during this period. Ahead of time, if anyone takes the initiative in this matter.

Both types of punishment, reprimand and reprimand, as a rule, are assigned by an organizational and administrative document reflecting the decision of the employer’s manager and signed by him. Accordingly, the decision on early removal of foreclosure will be made at the same level and formalized in a similar way. Upon expiration of the validity period, the penalty is lifted automatically and does not require the execution of a special order. Who initiates early withdrawal? For early withdrawal, someone's initiative is needed.

It can come from: The head of the employer who has made the decision to lift the penalty simply needs to give instructions to prepare the appropriate order. The employee will write a statement addressed to the employer’s manager with a request to consider the possibility of lifting the penalty.

If the initiative to withdraw comes from a team meeting, such a document may be the minutes of the meeting or an extract from it.

Sample petition The petition does not have any special form, but must be made in writing and contain the following information: To whose address and from whom it comes. The essence of the request with reference to the position and F. Factors that allow you to apply for early removal of the penalty. Signature with a transcript of the person who compiled the document and the date of its preparation.

The bill provides for an increase in monetary compensation for non-payment of wages to one hundredth of the current refinancing rate of the Central Bank of the Russian Federation, which will increase the level of social protection of workers of all forms of ownership. Draft Federal Law No. 77694-7

On the State Civil Service of the Russian Federation” The bill was prepared in order to retain highly qualified management personnel in the state civil service of the constituent entities of the Russian Federation.

This procedure is carefully prescribed in Art. 194 Labor Code, and the following methods can be used for this:

if more than one year has passed since the penalty was issued, it is removed automatically;
if the initiative is shown by the employee himself, his boss or the trade union, then an early procedure is carried out.

A reprimand or reprimand is formalized in an appropriate administrative document, so to cancel it, an official document is also required. The basis for this process are:

the request for this comes from the immediate superior, the employee himself or a meeting of employees;
the specialist corrected errors and performed certain actions that were positive for the company;
valid reasons are identified for which labor discipline was violated by the citizen.

It is compiled in free form, but it is advisable to adhere to the correct structure:

at the top right is the name of the company and the full name of the manager to whom the petition is addressed;
there must be a title of the document itself;
the text contains a direct request, for which the employee’s achievements are indicated, and there is also a link to the order on the basis of which the penalty was imposed;
At the bottom is the date of filing the document, as well as the signature of the person preparing it.

Important! If difficulties arise with this process, you can find a sample of this application on the Internet.

The entire procedure for generating a document is divided into stages:

information about the person submitting this application is entered, namely his full name, position and name of the branch of the company where he works;
the document itself is called, for which the word “Petition” is written in the middle of the sheet;
the details of this application are entered, namely its number and date of preparation;
the full name, position and place of work of the employee on whom the penalty was imposed are indicated;
a request is made to the employer to remove the reprimand, and there must be good grounds and reasons for this;
The document certainly contains a reference to Art. 194 TK;
at the end the signature of the person who prepared the petition is placed.

We invite you to read: How sick leave affects the calculation of length of service

Order to lift a disciplinary sanction.
Before imposing a disciplinary sanction, by decision of the head of the federal executive body in the field of internal affairs or an authorized head in accordance with Article 52 of this Federal Law, an internal audit may be carried out. An order of the head of the federal executive body in the field of internal affairs or an authorized head is issued to impose a disciplinary sanction on an employee of the internal affairs bodies.

A disciplinary sanction in the form of a reprimand or reprimand may be announced publicly orally. If an employee is temporarily incapacitated, or is on vacation or on a business trip, an order to impose a disciplinary sanction on him is issued after he has recovered, returned from vacation, or returned from a business trip.

Federation" a violation of official discipline (disciplinary offense) is recognized as a culpable action (inaction), expressed in violation by an employee of the internal affairs bodies of the legislation of the Russian Federation, the disciplinary charter of the internal affairs bodies of the Russian Federation, job regulations (job description), internal regulations of the federal executive body in the field of internal affairs, its territorial body or subdivision, or in non-compliance with prohibitions and restrictions related to service in internal affairs bodies, and requirements for official conduct, or in non-fulfillment (improper fulfillment) of obligations stipulated by the contract, official duties, orders and instructions direct managers (supervisors) and immediate supervisor (supervisor) in the performance of basic duties and the exercise of granted rights.

Taking into account the fact that the removal of the disciplinary sanction “demotion” is an incentive applied to a military personnel in the exemplary performance of his military duty, it seems necessary to eliminate this contradiction by making such a reservation only in relation to military personnel undergoing military service upon conscription. According to Art.

46 of the Civil Code of the Armed Forces of the Russian Federation, a serviceman is considered to have no disciplinary sanctions after they are lifted by the relevant commander (superior) or after one year has passed from the date of application of the last penalty, if during this period no other disciplinary sanction was applied to him.

Disciplinary sanctions are removed from military personnel as an incentive and upon expiration of the penalty period. Based on Art.

Attention: The employee's immediate supervisor. If he considers that the person brought to justice is worthy of repaying the punishment ahead of schedule, then he draws up an appeal addressed to the head of the organization with a request for its early cancellation. In this case, you can use the same text as in the example for the trade union. Head of the organization.

If the initiative to shorten the period of disciplinary action comes from him, then the procedure is simplified. The head of the enterprise, having drawn a conclusion from his own observations, can make a decision orally and bring it to the personnel department to issue an order to repay the penalty.

In this case, there is no need to submit any petition.

If he realizes his guilt, he can himself make a proposal to reduce the effect of his punishment, for example, in the following formulation: “I realized my guilt. I have had no complaints from senior management about the results of my work since the day of the offense. From now on I undertake not to violate labor discipline.

I ask you to cancel the disciplinary sanction ahead of schedule.” If such a document comes from an employee, it is endorsed by the immediate supervisor. Trade union or other representative body. He sends his arguments in the form of a petition to the head of the organization.

We invite you to read: Disciplinary sanctions in 2019

You can use the following wording: “During the time that has passed since the imposition of the penalty, Petrov P.P.

How to avoid mistakes when drafting

In order for the document to bring the expected result, the petition addressed to the manager must be written clearly and without grammatical errors.

Important! Labor legislation does not require that you adhere to any specific form when drawing up an application, but you should be aware of some nuances:

the document must contain maximum information that allows you to consider the application without requiring additional data;
the recipient to whom the document is addressed must be indicated correctly and accurately;
the essence of the request must be stated sufficiently briefly and clearly;
provide convincing facts on the basis of which the manager can make a positive decision.

If you have difficulties in drawing up an appeal, it is better to seek help from a lawyer on our website.

Sources:

https://gosuchetnik.ru/shablony-i-formy/obrazets-khodataystva-o-snyatii-distsiplinarnogo-vzyskaniya
https://ppt.ru/forms/rabota/sniatie-vigovora
https://azbukaprav.com/trudovoe-pravo/distsiplinarnaya-otvetstvennost/snyatie/hodatajstva.html
https://potreb-prava.com/dokumenty/xodatajstva/zayavlenie-o-snyatii-disciplinarnogo-vzyskaniya.html
https://FBM.ru/bukhgalteriya/dokumenty/khodataystvo-o-snyatii.html

Subscribe to the latest news