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Publication date: 14.05.2024
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Penalty for violation of labor discipline
For a violation of labor discipline, only one of the following sanctions can be applied to an employee - reprimand or dismissal.
Legislation, statutes and regulations on discipline may provide for other disciplinary penalties for certain categories of employees.
Disciplinary sanctions are applied by the body that has been granted the right to hire (elect, approve and appoint) this employee.
Disciplinary sanctions may also be imposed on employees who bear disciplinary responsibility according to statutes, regulations and other acts of legislation on discipline by bodies superior to the bodies specified in part one of this article.
Employees holding elected positions may be dismissed only by decision of the body that elected them, and only on the grounds provided for by law.
The owner or a body authorized by him has the right, instead of imposing a disciplinary sanction, to refer the issue of violation of labor discipline to the consideration of the labor team or its body.
According to Art. 148 of the Labor Code, a disciplinary sanction is applied by the owner or the body authorized by him directly upon discovery of a misdemeanor, but no later than one month from the day of its discovery, not counting the time the employee was dismissed from work due to temporary incapacity or his stay on vacation.
Disciplinary penalty cannot be imposed later than six months from the date of committing the misdemeanor.
In Art.149 of the Labor Code states that before applying disciplinary sanctions, the owner or the body authorized by him must demand written explanations from the violator of labor discipline.
Only one disciplinary sanction may be applied for each violation of labor discipline.
When choosing the type of penalty, the owner or the body authorized by him must take into account the severity of the misdemeanor and the damage caused by it, the circumstances under which the misdemeanor was committed, and the previous work of the employee.
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The recovery is announced in an order (order) and notified to the employee against a receipt.
The procedure for removing a disciplinary sanction is defined in Article 151 of the Code of Criminal Procedure, namely:
• if the employee is not subjected to a new disciplinary penalty within a year from the date of imposition of a disciplinary penalty, he is considered to have had no disciplinary penalty.
• if the employee has not committed a new violation of labor discipline and, moreover, has shown himself to be a conscientious employee, the penalty may be lifted before the end of one year.
During the term of disciplinary action, incentive measures are not applied to the employee.
Disciplinary sanctions may be appealed by the employee in accordance with the procedure established by current legislation (Chapter XV of the Labor Code of Ukraine).
