29.04.2022

DISCIPLINARY SANCTIONS ARE DELETED AFTER 1 YEAR

The culpable non-fulfillment of the labor obligations is a violation of the labor discipline. The violator shall be punished by the disciplinary sanctions provided for in the Labor Code (LC), regardless of the property, administrative-penal or criminal liability, if such liability is provided. This is recorded in the LC itself. It also ordered that the disciplinary sanctions that may be imposed on employees are three - reprimand, warning of dismissal and dismissal.

The Labor Code also specifies the violations of labor discipline, which lead to the penalties in question. These can be delays, early departures, absenteeism or non-compaction of working hours. They may be the appearance of the employee in a condition that does not allow him to perform the tasks assigned to him. Or non-fulfillment of the assigned work, non-observance of the technical and technological rules, as well as production of low-quality products. Penalties can also be imposed for non-compliance with the rules for healthy and safe working conditions or for non-compliance with legal orders of the employer. Abuse of trust and damage to the good name of the company, as well as dissemination of confidential information about it and, last but not least, damage to the employer's property and scattering of materials, raw materials, energy and other means are also considered violations.

In determining the disciplinary sanction, the gravity of the violation, the circumstances under which it was committed, as well as the behavior of the employee shall be taken into account. It is important to know that only one disciplinary sanction can be imposed for the same violation of labor discipline. The Labor Code also stipulates that disciplinary sanctions are imposed by the employer or by an official appointed by him with managerial functions. Disciplinary sanctions against the head of the undertaking, as well as against employees appointed by the higher authority, shall be imposed by that authority.

Here, too, we come to the specifics related to whether it is possible to delete disciplinary sanctions imposed under the Labor Code. The code responds positively. Thus, according to Article 197 of the Labor Code, disciplinary sanctions are deleted upon the expiration of 1 year from their imposition. The deletion is effective from now on. However, it is explicitly stated that the deletion of the disciplinary dismissal is not a ground for reinstatement of the employee to his/her previous job.

There are also special rules for early cancellation of disciplinary sanctions. Thus, disciplinary sanctions, with the exception of dismissal, may be lifted by the employer before the expiry of the above-mentioned one-year period, if the employee has not committed other breaches of labor discipline. Here again, the deletion has effect from now on. In these latter cases, the deletion is carried out by a motivated written order, which is served on the employee.