home Ways to make money Disciplinary action claim sample. Statement of claim against a disciplinary sanction (sample). Appealing a disciplinary sanction

Disciplinary action claim sample. Statement of claim against a disciplinary sanction (sample). Appealing a disciplinary sanction

IN ____________________________

(name of the court)

court _______________________

Plaintiff: _______________________

The address: _______________________.

Defendant: _____________________

_____________________________.

(company name)

on appeal against a disciplinary sanction

I, ____________________________________________________, work for (in)

In the position ______________________

(name of employer)

with "___" ________ ____, by Order No. _____ of "___" _________ ____, I was

brought to disciplinary responsibility in the form of _________________________

(comment,

For the following violation: ____________________________________.

I believe that disciplinary action was applied to me

illegal, because: ____________________________________________________

(provide arguments and evidence supporting the arguments

plaintiff: explanations of witnesses, written evidence,

other evidence)

In accordance with Art. Art. 192, 193 of the Labor Code of the Russian Federation, guided by Art. Art. 22, 24,

131, 132 Code of Civil Procedure of the Russian Federation,

1. Cancel the disciplinary sanction imposed on me in the form of ________

__________________________________________________________________________.

2. In support of the claims, summon and interrogate as

witnesses _______________________________________________________________.

(Full name, address)

3. Request the following documents: ___________________________________

__________________________________________________________________________.

(what, where, from whom)

Statement of claim for the return of amounts withheld from wages to reimburse the advance issued against wages

Statement of claim for the recovery of monetary funds in compensation for damage caused by the bay of the apartment when extinguishing a fire

CLAIM for the collection of funds under a loan agreement between individuals (individuals)

CLAIM for establishing paternity and collecting alimony

Statement of Claim on Recognition of Marriage Invalid

Statement of claim to invalidate the refusal of state registration of ownership of a land plot intended for individual housing construction (for a personal land plot)

CLAIM for the exchange of defective goods for goods of proper quality

DEFINITION OF THE CLAIM

COUNTER CLAIM for termination of the contract

Application for invalidation of the refusal to assign an address to a residential building, the obligation to make a decision on assigning an address to a residential building

What does the Labor Code tell us about disciplinary action? Article 192 states that any employee who commits a disciplinary offense must be punished. As a punishment, the employer may:

make a comment;
give a reprimand;
deprive of work.

But the employer is not always fair. In legal practice, there are often cases when the bosses unfairly and / or illegally impose a virus on an employee in the form of a disciplinary sanction. If you are sure that you are right, you should not get away with such actions. Sometimes, when punishing a subordinate (even if deservedly), the employer forgets that it is necessary to follow the rules on imposing punishment. In this case, an appeal against the disciplinary sanction is required. Users of our site will learn about the procedure for applying and appealing disciplinary sanctions from this article.

Also, you can find out what the term for appealing a disciplinary sanction is and about the procedure for appealing and removing disciplinary sanctions from qualified lawyers.

To do this, you need to contact the site consultant using the feedback form. Experienced practitioners with legal education work on our site. Each situation is considered individually. Consultations are carried out online at no cost. That is free.

Before studying the procedure for appealing disciplinary sanctions and challenging disciplinary sanctions in court, you need to know the concept and basic principles of applying sanctions to a negligent subordinate. A disciplinary offense is understood as failure to comply with:

their responsibilities;
violation of labor regulations;
not showing up for work on time;
absence from the workplace during the day;
coming to work drunk;
disclosure of classified information;
theft, damage to property, etc .;
violation of labor protection regulations;
neglect of official discipline (for municipal and state employees);
neglect of military discipline (for the military);

The employer must demand an explanatory statement from the offender, in which he will explain what happened (maybe the person had a good reason for not showing up for work on time). The absence of this paper on the part of the subordinate may become a reason to appeal the disciplinary sanction. To confirm the fact of violation, a special commission can be created, which will check and decide on the degree of guilt of the employee of the enterprise in the incident. Then an order is issued to punish the culprit (if the subordinate is really guilty). It is imperative to familiarize the interested person (the offender) with this order, since the time allotted for the possibility of appealing the order begins to run exactly from the date of familiarization.

The head can cancel the earlier decision in connection with the new circumstances that have opened up by issuing another order. Then there will be no need to challenge his decision. The term for which such a penalty is imposed is one year, after which it is automatically canceled.

Where can you challenge the employer's decision

The answer to the question of how to appeal against the unlawful actions of the bosses, who for no reason imposed a disciplinary sanction on a subordinate, is simple. It is necessary to write an application to the labor inspectorate or to the labor dispute commission. It is very easy to do this:

on the Internet you need to find the official site of the GIT;
choose your region;
choose the question with which you want to contact this organization;
fill out the form that appears in the window and send.

You can also file a complaint on paper by sending it by mail or taking it in person to the regional office of the state inspectorate for the protection of workers' rights. The application form is free in nature, the most important thing is to reflect all the necessary information in it. Another way to achieve justice is to convene a labor commission to resolve conflicts between superiors and subordinates. After the employee has read the order of the boss, he has three months to restore his rights with the help of the labor commission. A service commission is created for civil servants. The decision of both bodies can be challenged in court. After you get your hands on the result from the labor / service commission and / or labor inspection and it does not satisfy you, you can safely go to court. But the confidence in one's righteousness must be one hundred percent. In court, you will have to prove that you are not guilty and your punishment is not fair.

Any disciplinary sanction is subject to challenge within three months after the subordinate is familiar with the order, except for dismissal.

To challenge the illegal dismissal, the law gives the employee only a month. Do not forget to collect the evidence base, just words will not convince the judge. If you have decided on litigation, it is best to seek the help of a legally literate person. Experienced lawyers who advise users of our portal will help you draw up a claim for free.

Reasons for appeal

Judicial practice shows that it is possible to appeal against the chief's decision for the following reasons:

the employee is not to blame for what he was punished for;
the subordinate was not obliged to do what he was punished for (according to the labor agreement);
no written explanation was received from the guilty person;
not timely drawn up an act stating that the offender refused to give explanations;
the above document was drawn up prematurely (an explanatory employee is given 2 days, earlier an act of refusal to give this explanatory compilation is impossible);
the expiration of the time when the punishment could be applied to the offender:
- one month after the disciplinary misconduct was discovered;
- not later than six months from the date of the disciplinary offense;
- not later than twenty-four months from the date of commission, if a disciplinary offense was discovered during an audit or audit.
you cannot be punished for the same thing several times.

from 03/02/2020

An employee files a statement of claim for disciplinary action when he considers the application of liability measures to him by the employer illegal. Maybe due to the absence of the very fact of violation. Or, perhaps, violations of the procedure for bringing to responsibility for violation.

Employees are required to maintain discipline. The employer is responsible for organizing the work process and has the right to demand that employees perform the tasks assigned to them. He can also punish the employee by imposing a disciplinary sanction. For non-fulfillment or improper fulfillment of labor duties. But only in compliance with the procedure regulated by the laws.

An employee can send a statement of claim for disciplinary action to the court not only with a demand to cancel the punishment. But also include a claim for compensation and unpaid amounts due to punishment.

Example of a statement of claim

To Shuryshkarsky District Court

Yamalo-Nenets Autonomous Okrug

p. Muzhi, st. Yadrintseva, 3,

tel. 356245214552

Submitting a claim to court

The statement of claim is filed no later than 3 months from the date the employee was familiarized with the relevant order. But if the employer chose dismissal as a disciplinary sanction, then only within 1 month. The employee sends the statement of claim to the district court of his choice. Either at the place of their residence, or the location of the employer or the performance of the work (when the condition of the place of work is specified in the employment contract).

Not always required

The applicant works as a kindergarten teacher. An order was issued by the employer, according to which the applicant was deprived of half of his wages. The applicant considers the order to be illegal. The applicant asks to check the legality of the employer's actions.

To the State Labor Inspectorate in the city of _______

____________________________
The address: ____________________________

Complaint about the imposition of a disciplinary sanction
and issuing orders for the application of disciplinary measures

I, ______________, work as an educator at the State Budgetary Educational Institution of the city of Moscow, kindergarten No. ___ (I am attaching an employment contract No. ___ dated ________ year).
____________ year by the employer - the Acting Head of the State Budgetary Educational Institution of Kindergarten No. ____ ___________ and the Chairman of the PC ____________ By Order No. ___ a disciplinary sanction was applied to me in the form of a comment based on Article 192 of the Labor Code of the Russian Federation.
Also, on the same date, ___________, the employer - the IO issued Order No. ___ IO of the head of the GBOU kindergarten No. ____ ____________ "On collection", according to which I was deprived of 50% of the incentive part of the salary for the __________ year.
I think the above orders are illegal and unfounded due to the following.
Article 192 of the Labor Code of the Russian Federation has a list of disciplinary measures (reprimand, reprimand, dismissal on appropriate grounds), which is exhaustive.
When imposing a disciplinary sanction, the employer must take into account the severity of the offense and the circumstances in which it was committed, justify the employee's guilt, check whether the employee is familiarized with the local regulatory act of the organization that violated it against signature.
Before a disciplinary action is taken, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up (part 1 of article 193 of the Labor Code of the Russian Federation). An important condition in the procedure for applying a disciplinary sanction is the employer's compliance with the terms for applying a disciplinary sanction, provided for in Art. 193 of the Labor Code of the Russian Federation.
The day of discovery of a disciplinary offense, which begins within a month, is the day on which the employer became aware of the employee committing a disciplinary offense.
The Resolution of the State Committee of the Russian Federation on Statistics of January 5, 2004 N 1 "On the approval of unified forms of primary accounting documentation for labor accounting and remuneration" does not provide for the form of an order on the application of a disciplinary sanction. Therefore, the employer issues an order in an arbitrary form, which must list all the local regulations of the employer, the violation of which was committed by the employee, and also indicate what the employee's fault was expressed and, accordingly, what disciplinary measure the employer applies to the employee. At the end of the order, it is advisable to indicate the basis for issuing the order, where to list all documents that are the basis for issuing the order, such as a memo (memo) of the employee's immediate supervisor to the employer, an explanatory employee, acts, etc. The employer is obliged to familiarize the employee with such an order against signature within three days from the date of its publication.
Despite all of the above, the employer issued illegal orders on the application of disciplinary measures, deprivation of the incentive part of wages. Failure to pay (reduce) the premium is not a disciplinary action.
However, the employer, violating and not applying all of the above, issued orders.
I believe that the employer should be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, which states that violation of labor legislation and labor protection -
shall entail the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles or administrative suspension of activities for up to ninety days; for legal entities - from thirty thousand to fifty thousand rubles or administrative suspension of activities for up to ninety days.
Violation of labor and labor protection legislation by an official previously subjected to administrative punishment for a similar administrative offense shall entail disqualification for a period of one to three years.
Based on the foregoing and guided by the provisions of Articles 192, 396 of the Labor Code of the Russian Federation, 5.27 of the Administrative Code of the Russian Federation:
i beg:
1. Conduct an audit of the legality of the employer's actions related to the issuance of orders No. __ and No. __ of _________ of the year on disciplinary action and on the application of disciplinary action for violation of labor legislation and labor protection.
2. Give a reasoned answer based on the results of the check to the address: ________________________________.

Application:
1. A copy of the contract;
2. A copy of orders №№__, __;
3. A copy of the memo dated ____________ year;
4. A copy of the statement of ____________ on disagreement with the orders.

"___" ______________ of the year ____________________

For improper performance or non-performance at all by hired personnel of their duties, the employer has the right to bring subordinates to disciplinary responsibility. If the employee does not agree with such a decision, and believes that it violates his legal rights and interests, he has the right to appeal such a disciplinary action.

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What it is?

Any employer, by hiring employees and paying them wages, hopes in return to receive a responsible approach to the performance of their duties. But there are times when employees neglect their work, or cannot cope with it for various reasons.

In this case, the legislator gave the management of enterprises the right to bring unscrupulous personnel to disciplinary responsibility for violation of labor discipline. On the other hand, if employees believe that they have been unlawfully or unreasonably punished, they have a legal opportunity to appeal against such a penalty.

Therefore, the employer should take the disciplinary process very seriously, having previously clarified all the nuances of the incident.

Options

If an employee performs his job duties at an inappropriate level, management has the right to apply the following disciplinary measures to him.

Article 192 of the Labor Code of the Russian Federation defines three penalties:

comment;
rebuke;
dismissal.

The management can issue an order to impose a penalty, both in the case of systematic violations, and a single offense of a gross nature.

If the employee does not agree with this decision, he can appeal it by contacting the authorized body, presenting supporting documents and other evidence, for example, testimony of witnesses.

The employee has the right to challenge the disciplinary sanction if he believes that there is no fault in his misconduct, such has not been proven, or he has every reason to assert that the documentation was not drawn up correctly.

Video: Memo to the employee

Instances for appealing a disciplinary sanction

In the event that an employee does not agree with the issued order on his punishment, he can appeal against such a penalty.

Appealing a disciplinary action:

Organ	Features of treatment
Labor inspection (territorial division of Rostrud)	The main functions of this state body, working in the field of protecting the labor rights and interests of employees, are employers' compliance with the Labor Code, advising citizens and legal entities in this area, and overseeing the fulfillment of all obligations. A complaint about a disciplinary sanction sent to this authority must clearly indicate which articles of the Labor Code were violated by the employer
Service Disputes Commission	This body is created at those enterprises that have their own trade unions. CCC enters into a collective agreement with the administration, according to which it undertakes to protect the rights and interests of employees. Appealing a disciplinary sanction through the CCC occurs by the submission by the offending employee of an appropriate application with the presented arguments for canceling the issued order. If the violation was of a one-time nature, you can contact the union for help.
Court	Labor disputes are considered in civil courts. According to the provisions of the Civil Procedure Code, the employer and the employee are equal parties in such legal proceedings. That is, both parties can act as both the plaintiff and the defendant, each has a legal opportunity to go to court for help in case of violation of their own rights. An appeal against a disciplinary sanction in court most often occurs due to an extreme measure - dismissal.

Practice shows that citizens choose labor inspectorates or the Labor Inspectorate as an instance for appealing a disciplinary sanction.

Documents

An application for an appeal against a penalty must be substantiated and prove the fact of violation of one's rights.

As evidence, an employee may submit the following documents:

reports, service notes from an employee or management describing the fact and nature of the violation;
acts, orders for the imposition of a disciplinary penalty;
explanatory notes from the offending employee, and in case of refusal to provide them - the corresponding acts;
an employment contract, job description or other local regulations that govern the employee's work procedure (with his signature on familiarization);
At the request of the authority that considers the dispute: work schedules, job descriptions, copies of safety magazines and other information that can be used as evidence of a disciplinary violation.

The duty to prove and document the fact of the misconduct lies with the employer, the right to substantiate the impossibility of proper performance is with the employee.

A competent document flow will always help the parties in any dispute that arises.

Procedure

To express his disagreement with the measures taken regarding him, the employee must prove his innocence, violation of the terms of such a penalty, or its legality.

Russian legislation clearly regulates the procedure for bringing an employee to disciplinary liability, and if it is proved that the employer violated it, the appeal will have a positive outcome.

The appeal procedure consists of several mandatory stages:

The employee's collection of all the necessary documents in order to draw up a competent and substantiated statement or claim.
Careful consideration by the instance to which the employee applies, of the entire procedure for bringing him to disciplinary responsibility. The very fact of the misconduct, its fixation, explanations from the guilty party, the legal assessment of the order issued by the management, familiarization with the employee are studied.

If during the inspection it is found that the penalty was imposed in violation of the law, then it will be removed.

If the dispute must be resolved by the court, and the employee requires the cancellation of the imposed penalty, the applicant must file a relevant claim with the court at the employer's location.

In the event that there has been a dismissal, and the applicant demands reinstatement in the workplace with payment of wages for forced absenteeism, such issues are decided by the district court.

The application must clearly state the reason for which the penalty was applied (such a reason must be indicated in the employer's order). It is also necessary to indicate the number and date of such an order, as well as attach a copy of it. The employer is obliged to issue such a copy upon written application of the employee within no more than 3 days.

If the employee has evidence of a violation of the labor law by the employer, he can also apply to the prosecutor's office.

Timing

The law sets aside a certain period of time for the opportunity to appeal a disciplinary sanction, which depends on the instance to which the employee applies.

An employee has the right to appeal if the penalty was issued:

in an inappropriate manner;
in violation of the terms;
without a written explanation of the offender;
if the employee was on sick leave, on vacation;
repeatedly for one violation.

If you plan to contact the labor dispute commission or labor inspection, then the employee has 3 months at his disposal. An exception is if dismissal was applied as a punishment. Then the terms are reduced to 1 month.

If the decisions of these instances do not satisfy the applicant, he has the right to go to court as well.

Upon the expiration of the limitation period, that is, if the employee missed the allowed time limits for appeal, and the employer indicated at the moment, then judicial practice shows that the plaintiff has practically nothing to hope for in such a case.

Forms of documents

Effects

If the authority that is considering an appeal against a disciplinary sanction decides in favor of the employee, the employer must withdraw or appeal the previously issued order to impose a penalty.

If dismissal was chosen as a penalty, the employee is reinstated in office and paid for the period of forced absenteeism.

In addition, according to the provisions of the Civil Code, the guilty party pays all the costs of resolving the dispute. That is, when the legality of the dismissal is confirmed, all costs are borne by the plaintiff.

As for the employer, he is administratively liable for illegal dismissal. Gross violations of labor legislation can threaten the enterprise even with the suspension of activities.

Heads of enterprises and individual entrepreneurs can be charged a fine of 1,000-5,000 rubles, and legal entities - 30,000-50,000 rubles.

If an employee was undeservedly punished or fired, this is not a reason to despair. You can and should defend your rights.