Sample statement of claim to cancel a disciplinary sanction in 2021 and 2021

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 .

If a person was fired, there can be no talk of any petition. It will still not be possible to return him to his workplace using such a document.

The reprimand and reprimand have a validity period of one year . If during this time an employee commits repeated violations, he may be fired at the initiative of the employer.

It is possible to get rid of the punishment early. For this purpose, a special petition is drawn up.

This is also important to know:
How to draw up a disciplinary sanction order: sample filling

The grounds for early removal of foreclosure are the following factors:

no complaints regarding labor discipline;
fulfillment of production plans;
conscientious performance of his labor duties by the employee.

The right to withdraw a disciplinary sanction is stipulated in Article 194 of the Labor Code of the Russian Federation.

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Paragraph one of the normative act states that the penalty will be automatically canceled after a year, paragraph two regulates the possibility of early removal of the penalty.

There is a certain procedure for canceling punishment :

Preparing an application.
Obtaining consent from the employer. The manager's visa is stamped on the application.
Drawing up an order to remove the penalty.
Familiarization of the order with the employee's signature.

After a disciplinary sanction is lifted and a violation is committed, it is equal to the first one. It will no longer be possible to rely on repeated violations here, since the punishment has been cancelled.

Instead of a petition, you can also issue a memo requesting the removal of the penalty.

Features of note design

The memo can be drawn up on a regular A4 sheet. It should contain this information:

Company name.
Full name of the originator and recipient.
Request to remove the penalty.
Details of the order on the basis of which the employee was punished.
Grounds for early removal of foreclosure.

The document must bear the signature of the note writer. The latter is not an administrative document. Having considered it, the manager can make either a positive or negative decision.

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:
What is a reprimand under the Labor Code of the Russian Federation and its types

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:

Grounds for drawing up an application for early removal of a disciplinary sanction

According to Art.
194 of the Labor Code of the Russian Federation, disciplinary sanctions imposed on an employee in the form of a reprimand or reprimand can be lifted. A disciplinary sanction can be lifted automatically after a year from the date of its application, if the employee has not repeatedly committed any offense or early with the consent of the employer.

To remove a disciplinary offense from an employee early, you do not need to wait a year, but only require the consent of the employer .

several ways to obtain the employer's consent :

at the request of the employee;
at the request of the immediate supervisor;
at the request of the representative body of workers;
on their own initiative.

If the initiator of an early change of disciplinary sanction is an employee, then he must write a corresponding application addressed to the employer.

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.”

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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.

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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.

Types of collection and withdrawal options

There are not many types of disciplinary punishments:

Comment.
Rebuke.
Dismissal.

As a rule, they are taken out in exactly the same order as listed above. Dismissal is the last resort for misconduct. It is used if the employee has already had comments or reprimands during the year.

There are two possibilities for removing the penalty (Article 194 of the Labor Code of the Russian Federation):

after 1 year from the date of issue;
by decision of the manager ahead of schedule.

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.

What is the basis for issuing an order?

An order to lift a disciplinary penalty is justified for a variety of reasons. It could be

personal decision of the director, who considered that the employee fully atoned for his guilt,
request from the immediate supervisor of the employee subjected to reprimand,
The trade union committee (if there is one at the enterprise) has the right to petition for the cancellation of the order.
or the employee himself (in this case, a personal statement in writing is required).

It should be noted that such requests do not guarantee that the company’s management will accommodate the offending employee – in this case, the mutual consent of the parties plays a role.

When is it necessary to cancel a disciplinary order?

The need to cancel a disciplinary order arises in different situations. For example, the employer became aware of new circumstances of the offender’s misconduct, and they largely level out the degree of his guilt.

Or the punishment must be canceled after receiving a court decision, which provides evidence of the employer’s failure to fulfill the requirements of fairness and proportionality of the punishment (resolution of the plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

Whatever the reasons for canceling the previously issued document on punishment, a new order will have to be drawn up.

Who initiates early withdrawal

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

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Cases of early withdrawal

The Labor Code does not explain in any way why an employee can be released early from a previously imposed punishment. However, its 191st article specifies the basis on which the director has the right to reward an employee - for conscientious work at the enterprise. By analogy, this basis can be applied for early removal of foreclosure.

What is conscientiousness expressed in? The director's decision may be influenced by the following facts (in relation to the person being punished):

work without complaints for a certain period;
making rationalization proposals;
plan overfulfilment;
participation in community service;
prevention of an accident or incident, etc.

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.