The GVP answers: Appealing a disciplinary sanction

Where should I appeal a disciplinary sanction?

Appealing a comment in court is a last resort; before turning to this authority, you must make an attempt to resolve the dispute using the methods below. You should first contact other authorities that consider such complaints:

• labor inspectorate (by the way, you can not only appeal a disciplinary sanction to this body, but also a complaint against an employer to the labor inspectorate about non-payment of wages often results in a positive review);
• commission on labor disputes (commission on official disputes);
• statement of claim to the court.

In this case, it is necessary to take into account the type of employer: military structure, private enterprise, government agency, and so on. Only if the decision of this authority did not satisfy the employee and did not seem fair to him should he go to court.

Some large enterprises and government services have their own labor dispute commissions, which consider these cases in accordance with the procedure also established by law. Therefore, you should not avoid contacting these services either.

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Deadline for appealing a disciplinary sanction

ATTENTION : the deadline for appealing the penalty cannot be missed. It must be remembered that the period for appealing a disciplinary sanction is 3 months for a reprimand and 1 month in case of dismissal. If you start the process afterward without valid grounds, you can get a negative decision only with the court’s argument that the statute of limitations has passed.

If you missed the deadline, you can write a statement about missing the deadline and asking for its reinstatement. Such an appeal must be accompanied by evidence that your request is respectful (certificate of illness, etc.).

Instructions for restoring the missed deadline

To restore the missed deadline, it is extremely important to know how to do it correctly. Follow our instructions:

1. Filing a statement of claim with an objection to the first court. It must indicate the reasons for missing the deadline; they must be valid.
2. The application must be accompanied by supporting documents confirming that the missed deadline was indeed due to valid reasons. In addition to the application, you must attach a complaint to restore the missed period.
3. Next, the judge considers the debtor's request. After consideration, either a positive decision is made or a refusal is received. If the decision is made in favor of the defendant, then the document is transferred to a higher authority. If a refusal is received, it can be appealed.
4. Adoption of a final decision by a judicial institution.

Negative decision in restoring the missed period

A large number of defendants receive such a verdict. If you receive a refusal, we advise you to adhere to the following recommendations:

1. Contact a competent lawyer. As a rule, refusals come due to the lack of constructive arguments.
2. File a private complaint against the court's decision in the manner prescribed by law.
3. Simultaneously with the complaint, it is necessary to submit a petition to restore the missed period. Don't forget to attach evidence.

Petition for reinstatement of a missed deadline

Any citizen of the Russian Federation has the right to receive judicial protection. It is worth noting that plaintiffs are often very unhappy when they take action after receiving notice. In this situation, you need to keep in mind:

• Contacting a competent lawyer is considered the best solution to obtain a positive result.
• A private complaint against a court ruling is considered a legitimate way to express one’s dissatisfaction. However, to do this, you must have evidence confirming the existence of good reasons.

Appealing a penalty to the labor inspectorate

Very often, the issue of canceling an illegal decision to apply a disciplinary measure can be resolved through a complaint to the labor inspectorate:

1. An application requesting to initiate an investigation into a violation of your rights as an employee can be submitted via an electronic form on the authority’s website, or in person. You can also submit your request for consideration using the services of mail or courier (if you are busy or have problems with the Internet, this option is ideal). We recommend that if you choose the latter method of submission, you submit everything by registered mail with notification.
2. Wait for the result of the inspection, because the government agency has the authority to issue an order to cancel the employer’s illegal order. If your issue is resolved positively, you will not have to use other methods of appeal and spend additional time going through the authorities.
3. If the result of the inspection does not satisfy you, then you are not deprived of the opportunity to further appeal the disciplinary sanction in court.

Appealing a disciplinary sanction through the labor commission

A disciplinary sanction can be appealed through the labor dispute commission. A CTS can be formed at the initiative of an employee if there is none at the enterprise.

You need to prepare an application and submit it in two copies, sign it and sign it. The period for consideration is 10 days from the date of submission. The main thing is to attend the meeting in person on the day of consideration or send a representative; you can also send a written application for consideration in your absence.

Within three days you will receive a decision with a mark. If this answer does not suit you, you can go to court to solve your problem.

Deadline for canceling a court order

The debtor's party has the right to appeal the document in writing within 10 days from the date of receipt of the court order by filing an objection with the court that sent the judicial act to him.

In this case, the court order on the loan or other grounds for issuing it is canceled, and the creditor is informed of the possibility of filing a claim. If the debtor does not raise objections, the claimant is issued a court order with a stamp, which the claimant presents to the debtor through the bailiff service or directly to the bank (if credit institutions with accounts of the debtor are known).

Appealing a disciplinary order in court

The procedure for appealing a disciplinary sanction itself is practically no different from resolving any other labor disputes in court. Necessary:

1. correctly draw up a statement of claim to cancel a disciplinary sanction, indicating your required details: last name, first name, patronymic, position, name of the employer and addresses of the parties,
2. indicate all the available facts and circumstances of the incident,
3. it is advisable to attach all the documents that exist, and most importantly, that exonerate you from the offense that is the basis for the punishment on the part of the employer,
4. determine the court that will hear the dispute (can be filed either at the place of the employer’s legal address or at the location of the employee’s workplace),
5. attach all the incentives and certificates that are available, because one of the arguments for canceling an illegal order will be injustice and extreme subjective attitude towards you as an employee,
6. an indication of the absence of previous disciplinary measures against you; this argument works especially well when appealing against dismissal as a last resort measure in the absence of other measures against you before,
7. also provide information about witnesses to the conflict, whom you ask to summon to the court hearing by sending subpoenas from the court.

You should also decide in advance what is required: early removal of the disciplinary sanction, complete revocation of the employee’s punishment, or even the availability of some kind of compensation for damage, losses, or inconveniences. The removal of a disciplinary sanction in the form of a reprimand occurs automatically in the absence of repeated violations, but at the same time this does not affect the personal file and work history in any way, therefore there is not always a need for a trial.

A reprimand is a completely different situation, because it can affect further promotion or even future employment. Even knowing how to challenge a reprimand in the labor inspectorate or in court, the employee does not always win the case, since such penalties are provided for by law and it will be necessary to prove the existence of a violation on the part of the employer or manager.

An appeal against illegal dismissal, as a last resort measure of disciplinary punishment, most often simply needs to be done. After all, with the article of disgraceful resignation from a previous place of work, you can generally risk not finding a new employer. There are situations when changing the wording of dismissal to dismissal at will brings the employee and employer to court. Confirmation is an order that states the reason. An example for this could be an entry in the work book that the employee was fired due to absenteeism or violation of discipline. If the employee no longer works for the employer, then of course such a wording will not be an advantage for him in future work.

In court, it will be possible to demand not only a change in the wording of the dismissal, but also to recover compensation for moral damage, legal expenses, including paid for legal assistance.

How to write an application to cancel a court order?

You can get a positive decision on canceling an order by filing an application to cancel a court order containing the following elements:

1. court address details;
2. Full name (name) of the debtor and the claimant or authorized representatives, indicating the place of residence and location of the parties;
3. number of the canceled order;
4. the reasons why the debtor objects to the execution of the document, as well as references to partial or complete failure to comply with the above requirements;
5. evidence that serves as a basis to challenge such a document;
6. list of attached documents;

Mistakes that are made in the foreclosure procedure

1. No explanation requested. In no case should measures be taken against an employee without finding out the reasons for the misconduct; perhaps his lateness is due to illness or another valid reason. Subsequently, the presentation of evidence by the allegedly guilty party will serve as a cancellation of all measures taken and the collection of compensation from the organization.
2. The blame was placed on something that was not initially part of the employee’s duties. It happens that employees are required to perform those works that are outside the scope of their job description, and therefore, they cannot be punished for non-fulfillment, but must be approached to change internal documents, the terms of the employment contract, and only then apply measures.
3. Deadlines. Disciplinary measures cannot be applied beyond the deadline. Not only does the employee have deadlines for appealing, but the law also requires the employer to strictly adhere to the time intervals. A month is given for everything; it is during this period that the final decision must be made.
4. Repeated punishment for one offense. The rule of one offense = one punishment must be followed in any case. It will be fair. Otherwise, everything will lead to discrimination and violations of workers' rights, which is unacceptable.

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Types of penalties and regulation of their application

In accordance with the Labor Code of the Russian Federation, the employer has the right to legally apply the following types of disciplinary measures:

• dismissal;
• rebuke;
• comment.

The specific measure is applied depending on the severity of the offense, starting with a reprimand and ending with dismissal.

An employer may impose penalties on an employee that are not specified in the Labor Code of the Russian Federation if they are approved by federal law, regulations on discipline, or the charter. For example, the disciplinary charter of the Russian armed forces establishes additional types of responsibility: deprivation of a sailor or soldier from dismissal, deprivation of a badge, reduction in military rank, demotion in position, and others.

The federal law regulating the activities of civil servants in the Russian Federation provides for an additional penalty - a warning about incomplete official compliance. This type of punishment is applied for offenses related to non-compliance with legal requirements in matters of combating corruption. Regulations on discipline in organizations determine the procedure and forms of application of disciplinary measures.