Act on violation of labor discipline 2021 and 2021

The legislative framework

The norms of the Labor Code of the Russian Federation establish the possibility of applying a number of punishments to an employee for failure to perform labor functions at the proper level. Responsibility is established as:

comments;
reprimand;
dismissals for certain reasons.

An employer, when imposing a penalty for committing an offense, must take into account both the gravity of the offense and the circumstances under which the event occurred. The regulation of labor regulations at the enterprise includes the following documents:

labor agreement with the employee;
job description;
technical regulations;
rules governing the internal labor regulations of the company.

The listed documents contain basic positions that help, if necessary, establish the fact and hold the employee accountable. The more detailed and competent the paperwork is, the easier it is to follow the procedures associated with the foreclosure procedure.

What is considered non-compliance with work discipline?

Article 189 of the Labor Code of the Russian Federation establishes that labor discipline is a set of rules that every employee must follow and which are contained in the following sources:

Labor Code of the Russian Federation and federal laws;
employment contract;
internal labor regulations;
job description;
labor protection acts;
local regulations adopted by the organization.

Thus, failure by an employee to comply with the rules adopted by the enterprise is regarded as improper performance of official duties. Among the most common offenses are:

violation of the work schedule (lateness, absenteeism, leaving work early);
failure to fully perform official duties;
coming to work in a state of alcohol or any other intoxication;
ignoring labor safety standards;
ignoring the orders of the manager;
theft or damage to the organization's property;
refusal to undergo training to improve the employee’s qualifications;
refusal to undergo a medical examination;
inconsistency of work results with established quality criteria.

Such behavior entails sanctions such as reprimand, reprimand or dismissal (for gross violations established by Article 81 of the Labor Code of the Russian Federation).

But management does not always impose any punishment on a subordinate. Sometimes the director may limit himself to a verbal warning if the offense has been committed for the first time and the employee has a good character reference.

However, before imposing a punishment, the employer must establish whether there has been a case of misconduct and prove the guilt of the offender. This procedure has a procedure established by law and must be accompanied by an appropriate document, otherwise the collection may be considered illegal.

Types of violations

Violations of labor discipline can be expressed in the form of the following actions in the process of work:

refusal to carry out orders from a superior;
lack of sufficient qualifications to fulfill established labor standards or refusal to comply with them;
failure to comply with the requirements for the work and rest regime established at the enterprise (employees are familiarized with the terms of the PVTR under signature, lawyers also recommend posting the document on the organization’s website);
presence at the workplace in a state of intoxication of any kind;
committing offenses of an immoral nature;
leaving work before the established end of work time;
refusal to study for the purpose of advanced training;
refusal of medical examination;
showing up late at work;
non-compliance with the standards established by the PVTR;
theft, damage to company property.

Employer control

The employer has the right to monitor compliance with labor regulations at the enterprise and, having identified a violation of established standards, work with both individual workers and the team as a whole. It is necessary to pay attention to identified small deviations and provide comments on the employer’s actions to eliminate them. They should not be ignored, because small cases can be repeated and turn into a major problem.

The employer’s control is aimed at preventing violations of labor regulations in the field of:

established labor protection rules;
absenteeism;
being late;
leaving work before a certain time;
theft;
refusal to perform the duties of the position.

These are the violations for which employees are held accountable in the form of disciplinary action. However, monitoring deviations in labor discipline involves examining all the circumstances and reasons, which is reflected both in the violator’s explanatory note and in the act.

In what cases is an act of violation of labor discipline by an employee drawn up?

The act must be drawn up if the employee, through his own fault, violated labor discipline, did not fulfill the duties assigned to him, or did not perform them properly (Part 1 of Article 192 of the Labor Code of the Russian Federation).

In Art. 21 of the Labor Code of the Russian Federation establishes the basic responsibilities of workers, which can be supplemented by the provisions of local acts, an employment contract, job description, etc.

In particular, the employee is responsible for:

conscientious performance of the functions assigned to him;
compliance with labor discipline;
compliance with labor protection requirements;
fulfillment of labor standards;
etc.

In case of non-compliance with the obligations imposed on the employee, this circumstance must be recorded in an act that serves as evidence of the violation. Such evidence will be needed to further bring the worker to justice in the form of disciplinary action.

The act is most often drawn up if the employee:

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Types of documents that are drawn up in case of violation

To properly document the fact of non-compliance with labor discipline standards, you will need the following papers:

Document type	Why is it issued?
Act on violation of labor discipline, recording absence from work	In case of absenteeism, tardiness, early departure from work
An official note recording the fact of non-compliance with labor discipline	Anyway
Explanations of the violator	To decide on punishment
Notice of the need to provide explanations
Explanatory note from the offending employee
Employer's document in case of employee refusal to read the notice	In case of employee refusal
The employer’s document in case of refusal to provide explanations for the committed	In case of employee refusal
Employer's administrative act on imposing a penalty	When such a decision is made by the employer
Document on the removal of the penalty (including before the expiration of one year from the date of imposition)	When such a decision is made by the employer, the judicial authorities in case of illegality
Employer's administrative act imposing a penalty in the form of dismissal	When such a decision is made by the employer

Why is the act needed?

Essentially, this act allows you to document an act that violates the internal rules of the company.
Based on the document, the director issues an order for disciplinary action. As you might guess, in each specific case it is determined how serious the offense is. Punishments are chosen accordingly. It is also worth noting that the act records all the details of the violation of labor discipline. This is necessary so that the manager, having carefully studied the specific situation, can assign an adequate punishment. You need to understand that everything here depends on the degree of violation. The leader chooses the punishment himself. In serious situations, it can even lead to dismissal. But it also happens that the manager limits himself to a reprimand or remark. Moreover, this can be either an oral or written warning.

For example, we can consider various situations that relate to violation of labor discipline:

Lateness . If an employee does not warn in advance that he will be late, he faces a reprimand, often entered into his personal file. Although it must be understood that if there are mitigating circumstances, this may be a verbal remark;
Disruption of the production process . As a rule, such actions can lead to serious losses for the enterprise. Accordingly, the guilty employee faces a severe reprimand; in particularly serious situations, the punishment may be dismissal;
Working while drunk . This situation can be considered as a negligent attitude towards work. This can lead to quite serious consequences. This can not only disrupt the production process, but also cause traumatic situations.

As you can see, violation of discipline can manifest itself in different ways. The main task of a leader is to thoroughly understand a specific situation. This is exactly where a properly drawn up act will help, which should show the details of the offense. It would be useful to indicate in the document whether the employee provided an explanatory note or refused to give any explanations.

( Video : “How to apply disciplinary action for violation of labor discipline?”)

What documents regulate labor discipline?

It is worth noting that the law does not have strict requirements regarding documents defining the rules of labor discipline.
But practice shows that many organizations cannot do without it. When starting a job, an employee is required to familiarize himself with the rules; accordingly, he will know how to behave in the workplace. You need to understand that in the absence of such rules, it will be quite difficult to hold the guilty employee accountable. That is why today you can hardly find an organization that does not use these documents. Typically, the rules regulate local regulations, labor standards, and other internal regulations. It is highly desirable that these documents spell out the rules in great detail. In this case, it will be easier for the employer to establish the fact of a specific violation.

Who compiles and why

If an employee has committed a disciplinary offense, the employer requires him to provide an explanatory statement.

Regardless of the presence or absence of explanations, the employer draws up an act of violation of labor discipline (a sample can be downloaded at the end of the article), the text of which records what happened. It must be taken into account that this is a separate document.

As a general rule, it is (any option is acceptable):

the immediate supervisor of the offending employee;
HR officer of the institution;
directly by the employer.

The document is required to:

record a violation committed by an employee;
subsequently serve as the basis for issuing an order from the employer to impose a disciplinary sanction on the culprit. In this case, the specific punishment is established individually and depends on the severity of the offense. The Labor Code of the Russian Federation provides for the following penalties: reprimand, reprimand, dismissal.

When compiling it, it is necessary to show the maximum degree of care, write down all the details of the act committed, and take into account the employee’s explanations. All this is necessary in order to subsequently correctly determine the degree of guilt of the offender, since this determines what disciplinary action will be applied by the employer.

How to invalidate the bay act

Invalidity of the Apartment Bay Act

OFTEN, THE culprit of the flood or the INJURED PARTY, for one reason or another, is not satisfied with the Act on the flood of the apartment. In this case, the interested person may try to cancel this document, pointing out in court that it is inadmissible or unreliable.

Is it possible to challenge the act of flooding an apartment?

AN APARTMENT OCCUPATION ACT is a document that does not have a single established form, therefore, when drawing it up, one should rely on established practice and generally accepted models. The appeal procedure is not established by law, which makes filing appeals to courts and other authorities a pointless exercise.

Formally, it is impossible to recognize the act of flooding as invalid: if such claims are filed, the courts make a negative decision, indicating that this document does not give rise to rights and obligations, but only states the fact of flooding.

But an interested person can contact the Management Company with a request to draw up a repeat act, this time in accordance with all the rules.

If the dispute is resolved in court, then the interested person can take a different route, namely, object to the claim and contribute to the exclusion of the Act from the list of evidence in a civil case.
And the expert’s conclusion submitted to the case can be questioned by ordering the preparation of a review of this document, which should show the presence of violations in its preparation.

The reasons for this may be the following:

WHEN DRAFTING THE ACT ON THE BAY, THE APARTMENTS WERE NOT INVITED

the culprit of the incident. In this case, the guilty party is deprived of the opportunity to see with his own eyes the scale of the damage and compare it with what is stated in the report. In addition, the defendant cannot add his comments to the Act, which indicates a clear “bias” in favor of the victim.

If the culprit of the spill was notified of the inspection, but ignored it, this cannot serve as a basis for canceling the Act.

IMPROPER DRAFTING OF THE INSPECTION ACT, its execution with gross violations of the requirements of the law (or rather, the conclusions that real practice has drawn from it), as well as the position of the Supreme Court on disputes regarding domestic flooding or due to the fault of the Capital Repair Fund in the event of a leak from the roof of the building.

The most common mistakes are:

absence or error in the address of the affected housing;
lack of indications in the report on the date and time of flooding;
insufficiently detailed description of the list of damages;
incomplete description of the damaged furniture, equipment or goods;
absence of signatures of commission members, seal of the Managing Organization, etc.

DRAFTING AN INSPECTION REPORT BY UNAUTHORIZED PERSONS. As is known, a representative of the operating organization, neighbor-witnesses, the victim and the alleged culprit of the accident take part in the preparation of the document. It is advisable to have independent witnesses, a lawyer or a bay expert present at the inspection.

Who signs the Apartment Bay Act? The same persons mentioned above. However, the reliability of the Act is questioned if, for example, the representative of the HOA or management company did not have the authority to sign such documents, or the Act does not indicate all the owners of the affected premises or apartment from which the flood occurred.

If the composition of the commission is not indicated or it is impossible to determine who and what status is in relation to the damaged housing, then in court the opponent may file a petition to exclude such an Act from the evidence in the case.

THE INSPECTION ACT WAS DONE IN ABSTRACT, without actually going to the site and inspecting the residential premises. This is the most compelling reason to challenge the Apartment Bay Act. Judicial practice knows dozens of cases involving real bays with large property damage that were lost for this reason, and an appeal will not help here.

Don’t put your budget at risk - only agree to a real study by the Management Company of the causes and consequences of the flood, or better yet, immediately call a lawyer you know.

THE ACT CONTAINS CORRECTIONS, erasures, etc. - any text that differs in the method of application, style or handwriting from the main text. In other words, you should not make edits to a printed document by hand, just as you should not experiment with handwritten ones. Any correction must be signed by all members of the commission.

An act written by hand, the content of the text in which will differ more from the opponent’s copy, will be clearly recognized as falsified.

A COPY OF THE ACT ON THE BAY OF THE RESIDENTIAL PREMISES WAS SUBMITTED TO THE COURT. In this case, the party that provided the copy does not have the original document. The fact is that procedural legislation places special requirements on evidence - it must be presented in the form of originals or duly certified copies.

It should be taken into account that a copy of the document issued by the Management Company (or HOA), certified by the signature of an official and the seal of the organization, has the force of an original document.

The procedure for invalidating the act of baying

SO, WHEN A CLAIM FOR LOCKING OF AN APARTMENT is brought to court, the plaintiff or defendant must file a corresponding petition in the process in order to exclude the Inspection Report from the list of evidence for a fair consideration of the case. How to do this correctly in a trial?

As always, there are several options:

1) The plaintiff or defendant in legal proceedings may draw the judge’s attention to the fact that the Act, for one reason or another, is unacceptable (unreliable) evidence. A citizen has the right to present evidence refuting the facts stated in the act.

If the party’s arguments convince the judge, he will not take into account the illegal inspection act: this document will not be considered as evidence. If, despite all the arguments, the court bases its decision on the Inspection Report, the plaintiff or defendant can file an appeal to a higher authority within 30 days from the date of the unjust decision.

It should be noted that the judge evaluates the evidence (including the Act) according to his inner conviction.
Therefore, it is impossible to predict in advance how certain errors made when drawing up the Act will affect the judge’s opinion.
At the same time, the court’s doubts will not be voiced to the parties; during the trial it may even seem that the document was accepted without comments or rejected as unreliable.
For this reason, the interested party should carefully consider its position and select compelling arguments to justify it.
A professional Bay Area lawyer can help in solving this problem.

2) The plaintiff or defendant has the right to file a petition to exclude the Act from the case materials. This possibility follows from Art. 35 of the Code of Civil Procedure of the Russian Federation, which gives the parties the right to apply to the court with any petitions. In addition, if a party believes that the Act is false or falsified, it must make a corresponding statement about this.

It is worth noting that a statement about falsification of evidence “does not work” without a statement about an examination of authenticity.
Therefore, if you decide to report a forgery, prepare a request for an examination, as well as money for its conduct.
But in the case of compensation for damage under insurance, the insurer may unilaterally refuse to pay, suspecting falsification of the report.

Here is an example of a successful exclusion of the act of flooding an apartment from the list of evidence:

The man filed a claim with the Preobrazhensky District Court of Moscow to recover the amount of damage caused by the flooding of his apartment by his neighbors.
The inspection report served as one of the evidence in the case.
The defendant drew the court's attention to the fact that the document was drawn up without his participation, the reasons for the leak were not stated in the Report, and a specialist from the Management Company, who allegedly participated in the inspection, was not even in the apartment.
In addition, it turned out that the specified specialist did not have the authority to draw up such Acts.
Taking these circumstances into account, the court considered the inspection report unreliable evidence and did not take it into account when making a decision.
The defendant managed to win the trial, proving that he had nothing to do with the leak - at least according to the documents!

Summarizing the above, let's focus on the most important points:

In the literal sense of the word, an “appeal” against the act of flooding an apartment is not filed, since this document does not give rise to rights and obligations, but only states the fact of the incident; it is the task of the court to establish guilt.
When an act is drawn up with violations, the interested party can report this to the court. If the judge finds that evidence is inadmissible or unreliable, he will not take it into account when making a decision.
An interested party may also petition to exclude the act from the materials of the civil case, citing gross violations in its preparation, as well as if the plaintiff does not have the original document.
The defendant has the right to declare falsification (forgery) of the Gulf Act, and at the same time, an appropriate examination will be required, with payment at the expense of the party that ultimately loses the trial.

32 comments on ““How to invalidate the Gulf Act””

Marlene:
10/28/2020 at 07:41
When drawing up the flood report, it was signed by the tenants. Is such an act considered illegal?
Answer
Read also: Adaptation period for a new employee - how long it is, methods and desired results
Armen:
10/28/2020 at 07:48
Is the management organization obliged to draw up a repeated act on the bay?
Answer
Vladimir:
01/06/2021 at 01:45
If the act for flooding an apartment was drawn up illegally with an excess of the flooded area, and in addition, the defendants were not present at the time the act was drawn up, and the appraisal examination carried out its study on this act, and the defendants do not recognize either the act, which they did not sign, or the examination with significant inflated damage figures . What needs to be done for this? In addition, the flooding was not the fault of the defendants, since the boiler room mechanic, when he turned on the system, knew that the battery was being replaced. But he justifies himself by the fact that he carried out the master’s order. Who is to blame for this if the locksmith was warned?
Answer
Galina:
01/14/2021 at 01:28
The act of the flood was drawn up with a violation: the act indicated one person to the commission, the time and date were not indicated, the place was not indicated, and the reason for the flood was not stamped on the act. The culprit of the flood was not present (in the act there is a record of yellow dried spots on the walls, yellow dried spots on the ceiling) can such act to be valid in court?
Read also: Composition of the certification commission for testing knowledge of labor protection requirements, powers and responsibilities of committee members
Answer
Alexander:
02/12/2021 at 09:56
In the plumbing closet located in the corridor of the 13th floor, due to damage to the last shut-off device, the ball valve, the neighbors' apartment on the lower floor was broken into. The act was signed 3 days later only by the chairman of the HOA, the locksmith and the concierge and the owner of the apartment. underlying. The defendant was not notified of the drawing up of the act and did not sign it. The crane belongs to the general equipment of the house (clause 5 of Rules 491), but the court awarded the defendant, and not the HOA, compensation for damages - the insurance company, which filed a claim in court by way of subrogation, neither the appeal nor the cassation satisfied the defendant’s claims of innocence.
Answer
Marina:
03/03/2021 at 00:07
Hello. The ACT may be valid if signed by only one share owner, the second was not in the city at the moment. Moreover, I didn’t even know about it! Is it a valid ACT? And the reason for the heating was the cold water supply pipe, the pipe was installed by the developer in the floor behind the screed, but they made a screw for me and I signed the ACT without reading it well. Is it possible now to somehow challenge it? no one lived in the apartment, no common property, who is responsible?
Answer
Irina:
03/07/2021 at 00:53
Hello. If the act on the flood was drawn up with violations (one of the commission members from the management company was not present, the time and date when the flood occurred is not indicated). At the same time, the flooding occurred on Saturday, the report began to be drawn up on Saturday (photos and video recordings were taken on the day of the flood), the report itself was drawn up on Tuesday (the inspection date is indicated in the report as Saturday) in the presence of the culprit, who refused to sign it, which was recorded on the report and there are 2 signatures (and the signatures are not from the commission). How legal is such an act? And is it possible to draw up a repeat one, without violations?
Answer
Sergey:
03/24/2021 at 09:27
Flooding Act. A commission consisting of representatives of: 1) Management company Full name 2) Service organization Full name 3) Service organization Full name in the presence of the owner Full name, drew up an act, but there was no signature from the representative of the management company. The act was approved by the director of the management company (full name, signature, stamp - everything is there) Question - is such an act valid? Second: In the act, an addition was made in a different handwriting about the failure of the gas meter, signed by the owner of the apartment. This addition is not included in the copy of the Management Company. The question is: is this action a forgery of a document with corresponding liability?
Answer
Elena:
03/25/2021 at 17:04
Good afternoon Neighbors on the floor below filed a lawsuit for damages due to the flood. Provided 3 certificates in 2 years. In fact, there was no flooding from my apartment; the leak was due to the riser pipes. But they persistently blame me. I wrote to the HOA about replacing the riser pipes. I didn’t know that the neighbors were drawing up acts of flooding of their apartment. I did not participate in the inspection; the reports state that “the probable cause of the flooding is flooding from the apartments up the riser above.” There are no witnesses to this flooding. Signature of the chairman of the HOA, one of the owners of the lower apartment and a plumber. The damage is not described in the reports, only “traces of a leak were found on the ceiling near the riser pipes.” At the moment, according to my application, the riser pipes have been changed. A forensic examination assessed the presence of damage to the plaintiff and its cost after replacing the riser pipes. Although the neighbors knew that an examination was scheduled and took a piece of the riser pipe for themselves, drawing up a report that there were two holes on the side of my apartment, made with a screwdriver or a drill))) The neighbors have had no leaks since the riser was replaced. But they filed a lawsuit, and the chairman of the HOA signed their version of the acts and also the act of replacing the riser pipes, where it is written about “holes with a drill.” What is the likelihood that I will still prove my innocence in court?
Answer
Elena:
03/25/2021 at 17:10
I have an act of replacing the riser pipes with the signature of the plumber who directly did the replacement, it states that “damage to the riser pipe of the hot water supply was discovered due to wear in the interfloor ceiling between the apartments,” the chairman of the HOA did not sign this act, which is noted by the chief accountant HOA. There are also my statements to the HOA about replacing the riser pipe. That is, the owner of the HOA in collusion with the plaintiff.
Answer
Julia:
03/30/2021 at 18:27
Good afternoon Tell me, in the alternative flooding act, neighbors must be on the commission. Could these be people, for example, from another city who were valid when the act was drawn up?
Answer
Sergey:
04/04/2021 at 22:14
Good afternoon, Please tell me if after the flood, while before the trial, the victim refuses repairs at my expense and demands monetary compensation, obviously exaggerating the consequences of the flood. The act was drawn up only 10 days after the application to the Criminal Code, without my participation. In this case, the victim is one of the owners of the communal apartment, and the other owners do not participate in the dialogue in any way. Will these circumstances be taken into account if the case goes to court? Thank you!
Answer
Evgeny Volkov:
04/07/2021 at 10:31
Hello, Tell me, there was a flood of neighbors from below from our apartment (tenants live in it, I am the owner of the apartment), the neighbor called the management company and they concluded that we had a leak in the corrugation, but there was no photo recording, the report was not drawn up on the spot, signatures There are no tenants, nor my (landlady), I was not notified about the drawing up of the act. After 2 weeks, the victim calls and says that she has the document in her hands, and I didn’t even know about it. The signatures on the act are limited to representatives of the management company. We have an apartment on the 5th floor, and the flooded apartment is on the 3rd; the flood went around the 4th floor and immediately flooded the 3rd!) Please advise what should I do now?
Answer
Ksenia:
05/11/2021 at 13:07
Good afternoon We have the Pik Comfort Management Company and it categorically refuses to draw up an Act on the flooding of the apartment, which occurred due to the fault of the developer (PIK Group). The management company was informed immediately after the leak was discovered, after several days of silence they were invited to a pre-trial inspection of the damaged apartment - they didn’t come, but they put their entry number on the invitation (somehow to indicate on the application that it was accepted, a stamp, a signature - they didn’t do it). I sent a complaint to the Moscow Housing Inspectorate about the inaction of the Criminal Code. The only thing I have is a Commission Inspection Report for the apartment, made 3 weeks later, where the PIK Group engineer recorded the leak and the consequences (defects) - but this is not a Flooding Report drawn up by an authorized representative of the Management Company. What do you advise? From your article it follows that there is no way to protect myself from an unscrupulous criminal code if I sue - they will always say that the Act was not drawn up and this is true, because. they stubbornly refuse to give it.
Answer
Andrey:
05/18/2021 at 15:06
Hello! I flooded the neighbors below (the management company’s spill certificate was not drawn up). We agreed that I would eliminate the consequences of the flood on my own. When some of the work was completed, the neighbor refused my further work and contacted the management company and they drew up an inspection report without me and told me to sign it. Moreover, my neighbor bought wallpaper at my expense. Please advise what I should do now.
Answer

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Procedure and rules for compilation

At least two witnesses are involved in the registration, who will subsequently sign the papers, confirming with their signatures the correctness of the stated facts.

The document must be signed:

compiler;
employee witnesses;
to the guilty one.

Only in this case is it valid and legal. If the latter refuses to sign, it is necessary to make an appropriate entry recording this fact.

The document must be registered using the internal documentation log.

In the future, the act is stored together with the order of disciplinary action. Then it is transferred to the archive and is subject to storage for a specified period (at least three years).

Form of the act

There is no established form for an act of violation of labor discipline. It is drawn up in a free format. It can be provided in either handwritten or printed forms. When drawing up the paper, the employer can use the form established in the organization. Alternatively, you can use a template (if one was approved in the institution’s accounting policy).

The act (sample below) must include the following information:

requisites;
date of formation;
time, registration document number;
place of registration;
title of the document - act (on violation of labor discipline);
text containing information about the sequence of events.

The following must be indicated:

name of the institution;
FULL NAME. and the name of the employer's position;
FULL NAME. and the names of the positions of employees involved in the formation;
FULL NAME. and the name of the offender’s position.

An act of non-compliance with labor regulations must include objective facts of what happened, and not subjective assessments and assumptions. The latter can only be given by a person with appropriate qualifications (for example, in case of intoxication - a doctor). Good reasons are also not included if there is no real evidence of its existence. Information is presented in the 3rd person, the presentation style is official and businesslike.

Other papers may be attached to the act, for example, an explanatory note from the employee who violated discipline (if he did not refuse to provide it).