Basic requirements for the application of punishments. Punishment as a method of the pedagogical process In what cases, according to the Labor Code of the Russian Federation, an employee can be fired

Is there a place for punishment in the system of pedagogical methods?

A centuries-old discussion between supporters of education without punishment (K.D. Ushinsky, N.K. Krupskaya, P.P. Blonsky, V.A. Sukhomlinsky) and teachers who recognize this technique as a common method of education (A.S. Makarenko) , forces even today every teacher to find an acceptable answer for himself.

Let's try to figure out whose pedagogical ideas are relevant today.

The educational interaction between the teacher and the student involves the implementation of certain rules to achieve the goals and objectives. Therefore, punishments, as well as opposite methods of pedagogical influence - encouragement, are a means of regulating relations. They allow you to support the development of the educational process in accordance with a given direction and stimulate the activity of the pupil.

promotion - this is a positive assessment of the actions of the pupil, which reinforces positive skills and habits. This method is based on inducing positive emotions that inspire confidence, create a pleasant mood and increase responsibility and performance.

Punishment - this is a method of pedagogical influence, which is aimed at inhibiting the negative manifestations of a person with the help of a negative assessment of her actions, generating feelings of guilt, shame and repentance.

Basic forms of punishment : remark, censure, disapproval, deprivation of pleasure, deprivation or restriction of rights or imposition of additional duties, expulsion from school or transfer to another class.

Methods of punishment and encouragement require the observance of certain conditions, a thorough analysis of the situation and a certain caution, which determine the effectiveness of these methods. That is, there is a certain technology for the use of rewards and punishments.

Consider the technology of applying punishments .

The situation of punishment is a conflict situation.

That is why it is important that each side of this conflict clearly understand what served as the source of this confrontation. In other words, what actions and deeds of the student is the teacher trying to stop.

The next step in such a conflict situation should be a discussion of ways out of an unfavorable pattern of behavior. The main task of the teacher is to help the child return to the legal field of relations, to find those words, actions and deeds that will guide him along the moral path.

And the third step of the technology of punishment is a way out of the confrontation between the teacher and the student, which involves speaking to adults of faith in the child's ability to change, relieves emotional stress.

A situation in which the source of the conflict is a pedagogical error, the teacher’s lack of proper work experience and tact in relation to children cannot be considered from the standpoint of the logic of punishment.

It is necessary to know the conditions that determine the effectiveness of the method of punishment.

1. Punishment effective only when the student understands why he is being punished, and he considers it fair.After the punishment, they don’t remember him, but they maintain normal relations with the student - punished means forgiven.
2. Punishment,rightly imposed by loved onesauthoritative teacher, usually produces a very positive effect on the child. However, the same punishment, with all external signs of justice, if it comes from a teacher, to whom children treat with some hostility, can lead to conflict, to a sharp deterioration in relationships in the team, to an emotional breakdown in the punished child.
3. The power of punishment is enhanced if it comes from or is supported by the collective.The student will experience the feeling of guilt more acutely if his act was condemned not only by the teacher, but also by his closest comrades and friends. And, ultimately, it has a more significant positive effect and helps to resolve the conflict. However, it is necessary to take into account the relationship within the team, its degree of development and cohesion, because some students may not have the expected effect of punishment through the team.
   
4. It is not recommended to apply group punishments. In well-organized collectives, delinquents are sometimes punished for the misconduct of the entire collective, but this issue is so delicate that it requires a very thorough analysis and analysis of the whole situation.
5. If the punishment is accepted, then the offender should be punished, that is, if the teacher was late with the punishment, then he should not punish. The principle here is:late with the punishment - do not punish.
6. Using punishment, it is impossible to offend the pupil, apply physical punishments and punishments that degrade the dignity of the individual.It is necessary to punish not out of personal hostility, but out of pedagogical necessity. At the same time, the formula "misdemeanor - punishment" must be strictly observed.
   
7. When deciding what to punish and how to punish, it is recommended to follow the following line of development:from punishments aimed primarily at inhibiting negative actions, character traits, habits, to punishments, the main meaning of which is to develop certain positive qualities.
8. The basis for applying the method of punishment is a conflict situation. But not all violations and deviations from the norm lead to real conflicts, and, consequently, farnot every violation should be punished.
   
9. Punishment is a powerful method. A teacher's mistake in punishment is much more difficult to correct than in any other case.. Therefore, one should not rush to punish until there is complete confidence in the justice and usefulness of punishment.
10. Punishment must not be allowed to become an instrument of revenge.It is necessary to cultivate the belief that the pupil is punished for his benefit. There is no need to take the path of formal measures of influence, because punishment is effective only when it is maximally individualized.
    
11. Individualization.The personal orientation of punishment does not mean a violation of justice. This is very serious pedagogical problem. The teacher must determine for himself: if he takes a personal approach, then punishments, like rewards, are differentiated; if he rejects individual approach, then he sees only the offense, but not the person who committed it. It is necessary to explain your pedagogical position to the pupils, then they will understand why the teacher acts one way or another. It makes sense to ask their opinion, to find out what position they take.
12. Punishment requires pedagogical tact, a good knowledge of developmental psychology, as well as an understanding that punishment alone cannot help matters. Therefore punishmentare rarely used and only in combination with other methods of education.

The method of punishment must be used very carefully. WITH On the one hand, undeserved punishment or imposed in an insulting form embitters, offends the pupil, provokes him to act in spite of the educator. On the other hand, the absence of punishments or their excessive liberality can lead to disorganization, disobedience, a decrease in the authority of the educator, and their abuse - to conflicts and exasperation of individual pupils or individual groups. A.S. Makarenko believed that the meaning of punishment was to extinguish, destroy the conflict, and not rekindle it again.

Punishment should in no case humiliate the dignity of the student, it should be fair, carefully thought out. This is a powerful method. The teacher's mistake in this case is much more difficult to correct than in any other, so one should not rush to punish until there is complete confidence in the justice of the punishment and its positive impact on the student's behavior. It is necessary to follow the rule: for one offense - one punishment, and not a series, as is often found in pedagogical practice. The method of punishment is very individual: for the same act, one can be punished, and the other can be supported. For example, a child is a fighter, a bully, always offends everyone. Another got into a fight defending the younger one (offended own dignity or honor of another person). It is impossible to punish large groups of pupils or entire classes (detachments), as this leads to mutual responsibility and collective opposition to the educator. The punishment of the entire team is allowed extremely rarely and only under the condition of a high level of its development, since in such a team there is a high level of responsibility for each other. You can’t do this in a state of anger, irritation, passion: “Do not allow the offended soul of a momentary judgment. The strong are not vindictive. The weapon of the strong is kindness. (1, p. 160-170)

It is necessary to categorically exclude from educational work such punishments as insulting children and physical impact on them. It is they who, first of all, violate the normal relations between pupils and teachers and bring the greatest harm in the noble Cause of raising children. Punishments should be applied as infrequently as possible, when it is impossible to do without them. At punishment, a negative assessment should not be given to the student in general, not to his personality as a whole, not even to his behavior in full, but to a specific misconduct. Punishments should be only for deliberate misconduct, for deliberate violation of the interests of others; people and society. You can’t punish a child for accidentally dropping a pencil case or even a briefcase during a lesson.

Experienced teachers flexibly use the whole system of punishments, avoiding immediately the strongest of them. It is better to use weaker ones first, and in repeated cases, move on to more sensitive ones. One can imagine some gradation of punishments - from the weakest to the strongest. They could be arranged like this:

displeasure of the teacher, expressed by facial expressions, gaze, plasticity;

his indirect negative statement about the misconduct of the student;

a verbal remark containing a negative assessment;

warning to the violator;

discussion of misbehavior in the group;

official reprimand;

exclusion from a group (class, detachment, section or team) temporary or permanent. However, this punishment should be used only as a last resort, extremely rarely.

Experienced teachers, when choosing punishment measures, take into account the individual characteristics of the student. One, for example, is well influenced by a simple remark, and in relation to another, for the same act, sometimes more severe measures have to be applied. It depends on the nature of the student.

It is impossible to give general prescriptions on the question of punishment. Every action is always individual. In some cases, the most correct is a verbal reprimand even for a very serious offense, in other cases - for a minor offense, severe punishment should be imposed. Even medicine cures the same disease different people differently. Moreover, an individual approach is necessary in education, and especially in the application of punishments. Any measure of influence is applied taking into account individual characteristics, the conditions in which the offense was committed, the degree of guilt of the student and his desire to improve. So, if the student is well aware of his guilt, apologized to the teacher, it is not necessary to punish him. Formalism in the application of punishments is especially harmful and unacceptable. It is important to diversify penalties depending on the age and individual characteristics of students.

Experienced educators explain to students why and for what they are punished, point out the inadmissibility of violating discipline and order. If this explanation is convincing, it has a positive effect on behavior, and the teacher is less likely to resort to punishment. The sphere of educational influence of the teacher under this condition is expanding. Students are influenced not only by coercion, but also by persuasion.

The use of measures of influence is also associated with accustoming to disciplined and organized behavior. For example, a remark, a discussion of behavior at the pedagogical council, and other methods of punishment accustom students to self-control, to discipline and organization.

Punishment, as a rule, follows immediately after the misconduct. Otherwise, it is not considered by the student as an organic and inevitable consequence of violation of the requirements of the pedagogical and children's teams. But sometimes the teacher, before punishing the student, invites him to think about his behavior, evaluate his act and then come for an explanation, for a conversation. It allows the pupil in a calm atmosphere to comprehend and evaluate his act, to draw the necessary conclusions from it.

The school applies different kinds and forms of pedagogical measures of influence. They achieve their goal, first of all, if they are organically combined with other methods of education. They play a supporting role and contribute mainly to correcting the behavior of students. Especially great importance have a combination of exactingness with respect, observance of pedagogical tact, reliance on the student team and taking into account the age and individual characteristics of schoolchildren.

Sometimes the situation in the team develops in such a way that the leader has to resort to punishing one or more employees. He finds himself in a difficult position: this unpopular measure can turn the team against him and lead to an open conflict, but inaction is fraught with a loss of respect from subordinates, colleagues and top management, and a decrease in the quality of work. It is necessary to take into account the legislative norms, the violation of which is punishable by the Labor Code of the Russian Federation. It is necessary to clearly understand in what cases sanctions are expedient and admissible from the point of view of the law.

Circumstances under which various measures of punishment of the employee are necessary

Unintentional blunders, inaction or deliberate sabotage by specialists can lead to such unpleasant consequences as defective products or poor quality of services provided, deterioration of relations with clients and loss of the company's reputation, failure to meet deadlines, waste of funds, administrative fines from the state. Everyone makes mistakes, so a wise, competent boss should think about how to minimize their likelihood and neutralize negative results. Including he must be ready to punish a subordinate for a misconduct.

First you need to understand what kind of faults are and how critical they are in terms of consequences.

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1. Failure to comply with the rules of conduct at work. This is a violation of internal corporate norms fixed in the company's acts: labor discipline and daily routine, safety precautions, office rules, etc. For example, smoking in the wrong places, being late, absenteeism, drunkenness at the workplace.

2. Failure to perform official duties. This includes everything related to the failure to perform the direct functions of an employee: non-compliance with the regulations, impolite tone of communication with customers (this is especially critical in the service sector and other industries where customer focus is important), failure to follow the instructions of management, etc. It happens that abuse the first category lead to offenses of the second.

It is necessary to find out the circumstances and reasons for the behavior of the employee. Perhaps it was not his personal fault in what happened, he was simply not clearly assigned the task, he was not instructed, he was not given the proper powers and resources (and then the responsibility falls on his immediate superiors). For example, a company has decided to hold a promotion for buyers to sell additional services or goods. One of the managers never invited the customers to take part in it, because he simply did not know anything about it (the manager did not give him any instructions on this). In this situation, he is completely innocent and not subject to punishment.

In any case, there must be a compelling reason for the recovery. The easiest way is if the organization has a procedure for solving certain tasks and measurable indicators of the success of its implementation: then it is enough to compare the results of the employee’s efforts with the expected ones or compare the approved procedure with the actual actions of the employee. If the data is low, and the sequence of steps is different, it is necessary to understand and, possibly, use sanctions. Without established rules, it is more difficult to determine the areas of responsibility of subordinates.

The charter often covers not only the functions of personnel, but also labor discipline. For example, if a storekeeper working in shifts is changed the schedule, and he does not come to work at the expected time, he is subject to a fine only if he was familiarized with the new schedule against receipt no later than a month in advance. Otherwise, absenteeism is not his fault.

Although the law is the same for everyone, it is most carefully monitored in large corporations that have their own legal departments that control the implementation of legislative norms by both the employer and the workers.

Such a type of punishment as a disciplinary sanction is the right of a manager or an official, but not an obligation, therefore it is applied (or not) by the decision of these persons. The Labor Code of the Russian Federation has Article 195 regarding sanctions against company managers and their deputies: the head of the organization, having received a statement from the representative body of workers, must find out whether there have been violations of the law by the management, and if so, impose a correctional recovery (up to dismissal).

• Labor penalties: how to punish employees according to the law and conscience

What does the Labor Code of the Russian Federation say about punishing an employee

The actions of an employee who is subject to sanctions for committing any misconduct must be simultaneously:

• illegal (contain violations of normative acts);
• related to the performance of his job duties, functions and instructions;
• be in the area of ​​responsibility this person(that is, he must be guilty of them, having committed them unintentionally or on purpose).

Regarding the second point, it should be understood that the employee must not follow all the orders of the boss (for example, they do not include instructions of a personal or public nature). Types of punishment according to the Labor Code:

• comment;
• rebuke;
• dismissal for appropriate reasons.

There are other types of disciplinary sanctions provided for certain categories of workers in accordance with federal laws, charters and other regulations.

In particular, the law of July 27, 2004 No. 79-FZ “On the state civil service Russian Federation"contains, in addition to the above, also such types of sanctions as:

• warning about the inconsistency of the place of work;
• dismissal from the civil service.

What is employee disciplinary action?

First you need to understand what a disciplinary offense is. This is a non-performance by an employee or improper performance of his functional duties, characterized by illegality and guilt on his part. This category includes only those illegal acts and omissions that relate to the performance by the employee of his official functions.

One of the most common types of abuse for which a specialist will be punished is a violation of labor discipline (according to the decision of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2, as amended on November 24, 2015), in particular:

• absence from the workplace or the enterprise as a whole;
• refusal (without good reason) to perform their duties due to changes in labor standards in the prescribed manner;
• evasion (without good reason) of a medical examination for those professions where it is necessary, and special instruction, as well as training during work and examinations on labor protection.

Dismissal for absenteeism occurs in the event of:

• absence from work during the whole working day or a shift (regardless of their duration) without a reason;
• being away from the workplace for more than four hours in a row within one day without any pretext;
• leaving without an important reason for the performance of their duties by an employee who is employed under an indefinite contract, until the end of a two-week working off upon dismissal and without warning the employer;
• leaving work without a valid reason by an employee with whom a fixed-term contract has been concluded, before the end of its term or the time of warning of its termination;
• unauthorized, without the consent of the employer, going on vacation or taking time off.

The penalties imposed on employees for intentional and illegal failure to perform and improper performance of labor duties are listed in article 192 of the Labor Code of the Russian Federation. The deprivation of the bonus or the reduction of its size does not apply to disciplinary sanctions and is implemented in the manner determined by the regulations of the employing company (including individual entrepreneurs).

A single offense is punishable by only one penalty. But with further neglect of functional duties and the commission of other misconduct, new corrective measures are allowed, up to and including dismissal.

The right to sanction a worker belongs to his employer. In some cases, other officials also have these powers, if this is recorded in the relevant regulatory documents.

• Being late for work: 4 effective methods of struggle and 30 excuses

Expert opinion

The most effective way to deal with any violations of labor discipline is decent wages

Konstantin Tsvetkov,

director of the Severodvinsk garment factory

Our team consists mainly of women, and such a problem as drunkenness is rare in our country. In such circumstances, it was usually indicative that the employee was dismissed by mutual agreement of the parties. The Labor Code of the Russian Federation helps to deal with delays: employees who receive piecework pay are more disciplined.

To prevent theft in the workshops, we use accounting and warehouse accounting. The economist responsible for goods and material resources monitors each production site on a weekly basis. Most questions are caused by smoking and waste of time.

The latter includes long tea parties. Workers go to the canteen and drink tea for 20 minutes from the very morning until the end of the day. I had to limit the maximum duration of this process and add the time spent on this to the length of the working day. Smoking also takes a sufficient number of hours, which is bad for the results of work. According to the Labor Code of the Russian Federation, we cannot prohibit employees from smoking or fine for it. Therefore, we decided not to hire smokers at all. And as a reward for healthy lifestyle life we ​​issue subscriptions to the pool.

A typical problem of the women's team is the constant discussion of various news. We conducted a study and found that employees who are most loaded with work talk less and distract others. Therefore, we try to give them more tasks and pay only for the results of their activities.

In my opinion, the best motivator and way to prevent breakdowns in discipline is a competitive salary. With a decent salary, people give time to work, not chatter.

The procedure for punishing an employee for a disciplinary violation

1. The specialist is notified that he must provide the manager with a written explanation about the offense he committed and the circumstances under which it happened. Otherwise, after two working days, a special act is drawn up, which describes in detail what the employee’s failure to fulfill his duties consisted of, how exactly he violated labor discipline, and the fact that the employee was offered to give a written explanation and his refusal is recorded. This document must also contain the full name and position of the compiler and the offender, the date and place of compilation.

2. The authorized representative of the employer (usually the head of the personnel department or his deputy) requires from the immediate supervisor of this employee all the materials proving the fact of violation of the labor schedule, and finds out what kind of punishment the manager considers appropriate at the moment.

3. All collected documents are carefully analyzed in order to fairly resolve the question of the guilt of the subordinate. An internal investigation is underway.

4. All conditions mitigating the situation are considered and taken into account.

5. The director of the enterprise decides on the imposition of a disciplinary sanction or the application of other sanctions.

This step is the most important. The reaction of the management is far from always a punishment, in some cases for the required educational effect, prevention of further violations and motivation for more efficient work and discipline, a fairly well-conducted explanatory conversation. The boss's mistakes at this stage can cause an increase in tension in the team and lead to open conflicts, the loss of valuable personnel, and the deterioration of his reputation as a manager in the eyes of the staff.

As a result, the employer either does not allow the collected materials to proceed (if the guilt of the employee is not proven or the violation is very minor), or chooses a specific measure of influence at its discretion. In the first case, the process of disciplinary proceedings ends there. This can be considered a non-observance of the employee’s right to protect his dignity, labor and professional reputation (see Article 2 of the Labor Code of the Russian Federation), since in the absence of documented orders from the employer, the employee has nothing to dispute (and it is impossible to appeal against the created negative opinion about himself).

6. An order or official order is drawn up to impose a certain disciplinary sanction on the subordinate, with which he must be acquainted (and receive his signature) within three working days (taking into account only those when the employee is at work). If the specialist refuses to sign this document, an act is drawn up similar to the protocol on the refusal to give explanations about the violation of the labor schedule (see paragraph 1).

The time of corrective proceedings is limited by strict limits - one month and six months. For offenses discovered earlier than a month ago, no punishments are carried out (it should be remembered that this period does not include illness or vacation of the employee, as well as the time spent on internal investigation by the employer's representatives - see Part 2 of Article 82 of the Labor Code of the Russian Federation).

Six months is the statute of limitations within which an employee can be held liable for a disciplinary offence. However, when conducting audits and monitoring financial and economic activities, audits and other similar activities, this period increases to two years.

• How to properly dismiss an employee: key features and risks

Terms of punishment of an employee for violation of labor discipline

The periods for applying a disciplinary sanction are fixed in article 193 of the Labor Code of the Russian Federation, parts 3 and 4. There are some features that must be taken into account:

• one month is calculated from the date of discovery of the fault;
• this day is the date when the fact of misconduct became known to the immediate supervisor. It does not matter whether he has the right to apply influence;
• the monthly interval within which punishment is possible excludes the time for the investigation of the misconduct by the representative of the employer and the period the specialist is on vacation or on sick leave. The rest of the time the specialist is absent from the workplace for any reason, including time off, is included in this period;
• in such a calculation, all types of annual prescribed rest are taken into account - the main and additional annual, academic, unpaid, etc. (see clause 34 of the Resolution).

Administrative sanctions against subordinates

The Labor Code of the Russian Federation provides for the punishment of employees for non-compliance with job descriptions and labor discipline, and also describes the procedures for compensating for losses incurred by the company through the fault of the employee. The system of administrative penalties includes:

• censure;
• rebuke;
• deprivation of the award;
• dismissal notice;
• final settlement in case of repeated offenses.

In case of non-compliance by a specialist with labor rules, an explanation of the reasons for his actions in writing should be obtained. If he refuses to give it, in the presence of several witnesses, an appropriate act is drawn up, where this refusal is recorded. This is necessary in order to subsequently avoid possible claims from an employee claiming compensation for moral and material damage to him. The decision of the employer's management to impose a punishment is also recorded - in the form of an order or instruction - after which the employee is obliged to familiarize himself with it against signature. One administrative sanction, like a disciplinary sanction, may be imposed only for one violation.

In fact, the authorities are not limited to the forms of administrative influence listed in the law and often resort to additional ones, such as:

• transferring an employee to a position with a lower salary;
• denial of his right to a combination job;
• fines for smoking in inappropriate places or for being late, inappropriate appearance etc.;
• non-standard punishments used by some Western companies (for example, a program of negative incentives): delinquent employees are sent to dine in a special non-prestigious canteen, forced to run backwards around the room in front of all colleagues, move a nut across the floor with their nose, etc.

The rich imagination of managers, inventing such methods of warning, is fraught with lawsuits from the staff, high-profile scandals and a deterioration in the image of the enterprise as a whole. Pay cuts are also illegal. Monetary penalties are justified only if they are deducted from the additional earnings of subordinates - incentives, bonuses, bonuses, compensations, etc., not included in their basic salary.

A competent penalty should not only convince the team of the inevitability of just retribution, but also properly influence the offender, without humiliating his dignity and without injuring his psyche. The effect of a cruel or disproportionate punishment will be negative: it will cause indignation and resistance of the perpetrator, demotivate him in relation to work and discipline. In the worst case scenario, the firm may face future lawsuits from an aggrieved employee or other problems (if a former employee of the company gives out trade secrets to competitors or reports negative information about the firm to law enforcement agencies).

An effective and correct impact meets the following criteria:

• the inevitability of a reaction to fault (and the absence of concessions);
• individuality and specificity (refusal to a specialist in privileges that are important to him);
• fairness of the sanction;
• thorough investigation and strict consideration of the circumstances of the deed;
• the absence in the repression of anything degrading the honor and dignity of a person;
• efficiency (punishment, greatly delayed in time, the employee does not associate with the violation committed, so it does not bring any benefit).

Psychologists have developed a formula for effective criticism or PNP (“positive - negative - positive”), according to which the penalty must necessarily and only in the specified sequence include the following steps:

1. Positive - win over a person, create a friendly atmosphere in order to convince that the manager and the organization as a whole respect him and treat him positively as a person. At this stage, you need to act primarily non-verbally - smile friendly, take open poses.

2. Negative - mention the violation, emphasize that the boss is very upset by this incident and that the subordinate will now have to be punished.

3. Positive (rehabilitating). After the measure of punishment is announced, a short pause (10-15 seconds) is made to allow the employee to realize what he heard. Then you should demonstrate to the person that they are very hopeful for his correction, they are appreciated for good work in the past and they believe that he will take into account his mistakes and will not make them again.

• Grounds for dismissal of an employee: what to look for

In what cases, according to the Labor Code of the Russian Federation, an employee can be dismissed

The final calculation of a specialist as a kind of disciplinary sanction can be applied under the circumstances described in Article 192 of the Labor Code of the Russian Federation, namely when:

• repeated non-fulfillment of labor functions without good reason (in the presence of a previously imposed penalty) or one-time gross neglect of duties - absenteeism, amounting to four hours or a whole working day (shift);
• appearance at the enterprise with visible signs of intoxication - alcohol, toxic, narcotic;
• disclosure of secret information - personal data of colleagues, secrets (commercial, state, official, etc.) that became known to the employee in the course of his work;
• theft of another's property (including corporate), deliberate destruction or rendering it unusable, embezzlement of financial resources, established by an official or a court verdict that has entered into force;
• non-compliance with labor protection standards adopted by the relevant commission, which led to serious consequences (accidents, accidents at work) or to the emergence of a real threat of their occurrence;
• unlawful decisions of the management team (including deputy heads and chief accountants) that led to damage to corporate property, its misuse, violation of its safety;
• one-time gross deviation from labor duties by the head or his deputies;
• non-compliance with the rules prescribed in the charter of the organization.

Is it possible to punish by reducing wages

According to article 137 of the Labor Code of the Russian Federation, financial deductions from wages are permissible in the following situations:

• if the employee has not worked out the advance paid on account of the salary, then this money is returned to the employer;
• when the prepayment was not spent and not returned in a timely manner by the employee who traveled during this period on a business trip or was transferred to work in another area. The amount is deducted from the person's salary;
• if an employee has been overpaid in any amount - due to accounting errors, judicially proven employee misconduct (for example, forgery of documents on performance indicators for which he was undeservedly paid a bonus), or recognition of his guilt by a labor dispute resolution body (for example, in violation of disciplinary labor standards). These amounts are refundable.

In these cases, in order to make a decision on deductions from the specialist’s salary, the following conditions (in their totality) must be met:

• the employee disputes neither the reasons for withholding money nor the amount of the amounts;
• the deduction is made within a month from the date of expiration of the period established for such refunds of funds (repayment of debts, incorrectly calculated payments, return of an advance).

If one of these circumstances is violated, the employer does not have the right to implement a pecuniary penalty on his own, but can go to court and do it in court.

• Responsibility of the employer: administrative, material, criminal and disciplinary

How to implement financial punishment of a subordinate

It is impossible to punish a specialist financially by deducting a certain amount from his salary. Therefore, most employers act according to a different scenario: the salary consists of a salary and a bonus part, the payment of which, according to the law, is at the mercy of the employer. Therefore, all fines relate to the premium part and are deducted from it.

Penalties are quite common in Russian companies, but their effectiveness is increasingly declining. It is often not obvious to employees that their actions have led to losses, and they perceive the fine not as a punishment, but as an attempt by the employer to reduce labor costs by taking away some of the honestly earned money from him. However, this does not include cases of obvious damage - theft by personnel, damage to corporate property or equipment.

Penalties tend to reduce the desire to work actively and diligently, especially at low wages. Consequently, they should be used less frequently and only for those faults of the personnel, the material damage from which is clearly visible to the employees themselves.

Expert opinion

To motivate and achieve results, punishments are necessary

Vyacheslav Golubev,

General Director of the company "Lat" (Moscow)

Sanctions are needed to encourage staff to complete tasks or comply with certain conditions. Therefore, before punishing, it is necessary to clearly formulate the task and explain what consequences await if it is not fulfilled.

In our organization, there is a common problem - frequent lateness of staff to meetings and negotiations. I started scheduling appointments at unusual times—at 9:11, for example. This emphasizes a careful attitude to every minute and brings up punctuality in employees.

In the event of a delay, the manager will face a penalty, but not a fine, but the execution of boring and unpleasant assignments, such as mopping the floors. A photo report on the performance of this task is placed on the walls of the office. This works more efficiently. Or, for example, stamping on letterhead. The implementation of this operation takes 15 minutes and is assigned for every minute of delay, to show people that it is more profitable to arrive on time than to spend their energy on a routine later.

Unusual methods of punishing employees

• Washing dishes after a collective tea party. In a large firm, where it is customary for everyone to drink coffee and tea together before the start of the working day, a latecomer washes the dishes.
• Calls from a personal phone. Managers of one consulting company, who forgot to find out some details when talking with clients, are obliged to call them back from their personal devices.
• Transfer to another area of ​​work. A sales representative who violates sales technology moves to a new place, where he is forced to start everything from scratch.
• Ten new ones for one lost one. In the event that a regular customer leaves due to the wrong actions of the seller, this specialist is obliged to provide the company with ten new customers.
• Caricature of violators. The work schedule of a manufacturing enterprise allows employees to smoke twice during a shift at a certain time, and those who go to smoke at the wrong time, as a punishment, are obliged to draw caricatures of themselves for the wall newspaper after work.
• Additional physical activity. Male managers of one trading company who have not fulfilled the daily plan for calls are sent to the warehouse to load the goods at the last hour of the working day.
• Shameful bandana. A cafe employee who arrives late is given a scarf with the inscription “I am a malicious latecomer”, which he must wear until the end of the shift.
• Performing routine work. For rude, impolite communication with customers, bank employees are forced to engage in the introduction of client questionnaires into the system, which are filled out manually.

Expert opinion

Creative punishment is no longer a good joke, but an insult to the individual

Timur Karmazin,

Lecturer at the MIRBIS Business School (Moscow), Candidate of Sciences in Psychology

Some managers believe that the law does not provide enough methods to influence employees. Of the permissible in legislative acts, only reprimand, remark and dismissal are listed. I think that you should not invent various "creative" ways of influencing such as collective lunches at the expense of an employee, push-ups for speed, etc. I propose more effective measures:

• threat of punishment. The expectation of trouble is often more frightening than the penalty itself. There should be one order for everyone: first a remark, then three reprimands, then dismissal. Then the specialists will abide by the rules;
• distrust. It is enough for an authoritative manager to hint that "he cannot rely on one of his subordinates." This affects the employee more than fines;
• "an eye for an eye". Don't favor someone who's always late if he tries to take a little early leave;
• loss of prospects. State frankly that you will not spend money on the training and development of an employee who constantly violates discipline.

• Dismissal under the article: how to apply tough measures to the guilty

12 Tips on How to Punish an Employee and Keep Your Team Favored

1. The offense is punished, not the person who committed it. The goal is not revenge on a particular specialist or his humiliation, but only the prevention of similar situations in the future.
2. The sanction does not aim to cause a feeling of guilt, put pressure on conscience, etc.
3. In any case, you should find out the motives of the employee and the circumstances of the fault by asking him one on one. Perhaps he is not to blame for what happened, but there is fatigue, an inability to maintain a given rhythm, or external causes (the actions of his managers, colleagues, contractors, etc.).
4. Penalties should be systematic (violations should be punished every time, not randomly).
5. Efficiency and decisiveness in taking action are very important for the reputation of the leader and the organization as a whole (the inevitability of retribution will be a serious reason to avoid misconduct in the future).
6. A good manager must carefully analyze any fact of production failures and mistakes of subordinates - these can be symptoms of serious problems in the company, coming from improper management, errors in instructions, unsuccessful work organization.
7. Threatening one employee through the whole team is a bad decision. It can lead to a decrease in the effectiveness of the work of the staff as a whole.
8. Fines and other monetary deductions must be based on very strong grounds and applied with caution.
9. The accomplished fact of punishment for this or that misconduct should be brought to the attention of all personnel of the organization.
10. It is imperative to explain to the employee why he is being punished - what were his mistakes, what were their consequences.
11. The same must be explained to the rest of the employees, arguing the choice of a measure of influence.
12. The toughest and most radical methods of recovery are for those employees who committed serious violations deliberately and knowingly (for example, they committed theft or money fraud, disclosed trade secrets, etc.). Such people have already shown their ability to cause harm and will not be useful to your organization or any other.

Information about experts

Vyacheslav Golubev, General Director of the enterprise "Lat" (Moscow). Assistance organization "LAT" is part of the "LAT" Group of companies, which have been operating in the field of providing services for more than 20 years, such as evacuation and technical assistance on the road, independent assessment and examination of vehicles and real estate, repair of cars and trucks, as well as a set of assistance services aimed at settling the consequences of insured events in more than 120 cities of the Russian Federation.

Konstantin Tsvetkov, d director of the Severodvinsk garment factory. Severodvinsk garment factory. Field of activity: tailoring of outerwear under the NES&West trademark and clothing for corporate orders. Form of organization: LLC; functionally included in the Russian Sewing Concern. Number of employees: 90. Volume of production: more than 14 thousand down jackets (in 2009). Main clients: KamAZ companies, S7 Airlines. Director's tenure: since 2008. Participation of the head in business: hired manager.

The robot advises to also look at the list of other materials that he has compiled on this topic. Material prepared A.Yu. Yadryshnikov, student of the Faculty of History and Law (3rd year, s / o)
Punishment- this is a method of inhibiting negative manifestations with the help of a negative assessment of the actions of the pupil, generating in him shame, remorse, guilt.
Punishments are divided into the following types: disapproval, censure, remark, deprivation of nurtured pleasure, deprivation, restriction of rights, deferred punishment, reprimand, etc.

The method of punishment must be used with extreme caution. If the punishment is implemented in an offensive form, it offends the pupil, embitters, provokes him to act in spite of the teacher. Excessive liberality and the absence of punishments can lead to disobedience, disorganization of students, and a decrease in the authority of the teacher.

Two conditions that must be observed in punishment: justice and reasonableness. The punishment is applied unfairly, technologically incorrectly, if subsequently the pupil feels a sense of resentment towards the teacher.

The method of punishment is powerful. It is impossible to hastily apply punishment until the teacher has full confidence in its justice and influence, which has a positive impact on the behavior of the pupil, since the teacher's mistake with this method is much more difficult to correct. Punishments are regarded differently: for the same action, one can be punished, and another can be rewarded. Suppose one child is a bully, a fighter. The other fought to protect the younger (including defending the honor and dignity of the weak).

It is necessary to carefully consider the punishment of groups of pupils, taking into account the nature of the relations in the group. So, if you punish "solid flocks" of pupils or entire detachments, classes, this will lead to "mutual responsibility" and a collective rejection of the opinion of the educator. It is allowed to punish the entire team if there is a condition of a high intellectual level of development, because in this team the level of responsibility for each other is high.

The decision on punishment must be weighed, justified. In no case should this method be used in a state of irritation and anger.

There are a few more conditions that must be taken into account when using this method.

Punishment should not harm health - neither mental nor physical.

If there is any doubt about the need for punishment - do not punish!

If the punishment is late, it is better not to punish. In the mind of the pupil, the punishment should be firmly connected with the misconduct; with a large delay in punishment, this connection is not so strong.

It is not necessary to bring to the fact that the pupil was afraid of punishment in itself. The child should be stopped by the grief that, as a result of his behavior, will appear in teachers, relatives, and other people significant to him.

No humiliation in punishment!

Forgiveness should always follow punishment, you should not “heat up” the situation, driving the child into useless experiences.

Cases that exclude punishment: oversight, fear, positive motive, repentance, inability, affect.

Thus, the method of punishment must be resorted to in extreme cases; in no case should it become the main method of influencing the pupil.

Our method of education should be based on the general organization of life, on raising the cultural level, on organizing the tone and style of all work, on organizing a healthy perspective, clarity, and especially on attention to the individual, to his successes and failures, to his difficulties, peculiarities, aspirations.
In this sense, the correct and expedient application of punishment is very important. A good educator can do a lot with the help of a system of punishment, but inept, stupid, mechanical application of punishment is harmful to all our work.
It is impossible to give general prescriptions on the question of punishment. Every action is always individual. In some cases, the most correct is a verbal reprimand even for a very serious offense, in other cases - for a minor offense, severe punishment should be imposed.
In order for the educator to correctly apply punishment and other measures of influence, it is necessary that he master the Soviet principles of punishment. If they are unknown or incomprehensible to him, he cannot be an educator.
In the bourgeois school, corporal punishment is allowed. Their logic can be briefly expressed as follows: any violation of the rules must be accompanied by some form of suffering for the violator. The experience of suffering is the content of bourgeois punishment. At the same time, it is assumed that the experienced suffering (pain, deprivation, hunger, solitude) will force the violator "another time" to refrain from violation for fear of experiencing suffering again. In relation to everyone else, punishment is a form of terror according to a very simple formula: whoever violates will suffer.
The starting point of our punishment is the whole collective: either in a narrower sense - a detachment, brigade, class, children's institution, or in a broader sense - the working class, the Soviet state. The interests of the collective, and in particular the interests of the working class and the state of the Soviets, are common interests. Whoever violates these interests, who goes against the collective, is responsible to the collective. Punishment is a form of influence of the collective, either in the form of its direct decisions, or in the form of decisions of authorized representatives of the collective, elected to protect its interests.
Based on this basic provision, our punishment must necessarily satisfy the following requirements:
a) it must not be intended and must not actually cause mere physical suffering;
b) it makes sense only if the punished person understands that the whole point is that the collective protects common interests, in other words, if he knows what and why the collective demands of him;
c) punishment should be imposed only if the interests of the collective are really violated and if the violator openly and consciously commits this violation, neglecting the requirements of the collective;
d) the punishment should in some cases be canceled if the offender declares that he obeys the team and is ready not to repeat his mistakes in the future (of course, if this statement is not a direct deception);
e) in punishment, it is not so much the content of the imposed procedures that is important, but the very fact of its imposition and the condemnation of the team expressed in this fact;
f) punishment should educate. The punished must know exactly what he is being punished for, and understand the meaning of the punishment. In our understanding of punishment, its technique becomes very important. Each punishment must be strictly individualized in relation to the case and to this pupil.
It is necessary that the right to impose punishments in educational institutions belongs only to an assistant in the pedagogical department or the head of the institution. No one else has the right to impose punishments. Punishment can be imposed on behalf of the leadership and, even more often and more commonly, on behalf of self-government bodies: the council of the collective, the general meeting - but in all these cases, the head of the pedagogical department is primarily responsible for punishment, no punishment should be imposed without his knowledge and advice, and no one should start imposing punishment if the head of the pedagogical department does not represent punishment.
The head of the pedagogical department must know well all the pupils, their position in production, at school and in the team. If the pupil has committed a misconduct, one must reckon with the previous history of the pupil in the team, his character, with the measures of influence already applied to him. In any case, before imposing a penalty, it is necessary to talk with the pupil. All these conversations and conversations can and should be made about the behavior of the pupil, but not immediately take the form of an external penalty. These conversations can take the following forms:
a) a conversation immediately after the misconduct in the presence of senior comrades, very short, serious and official, consisting in demanding explanations. If these explanations are unsatisfactory, you should simply tell the pupil what to do. In such a conversation, it is necessary, without special evidence, to explain the wrongness of the pupil. Evidence in this case does not need to be applied because the pupils present themselves will try to prove everything;
b) a private conversation, also immediately after the misconduct. It should be carried out in a more strict tone, accompanied by more analysis, but in the form of a motivated protest on behalf of the collective. It must be accompanied by an indication of the harm caused by the violation, of the political backwardness of the violator. It may be accompanied by a threat to refer the case to a general meeting;
c) delayed conversation. It should also be done in private, in the presence of a small number of people, in the evening of the same day or the next day after the violation. The violator must know in advance that he is invited to a conversation at a certain hour. Sometimes such an invitation needs to be sent to him with a note so that only the offender knows about the conversation. This form allows the violator, expecting a conversation and, naturally, worrying, to think a lot about his behavior, to talk with his comrades. The conversation should be held later in the evening, when it cannot be interrupted. The conversation should be conducted in a friendly tone, listen in detail, carefully, but in this case you should never smile, or ironically, or joke. In this conversation, you need to explain well to the pupil the harm of his behavior both for him and for the team, give him examples, recommend reading a book. Sometimes, as a result of a conversation, especially if the pupil admitted his guilt, and the guilt is not small, you can impose a penalty on him. In some cases, it is necessary to entrust two or three older pupils to conduct such conversations, and then find out from them how the matter ended.
In relation to some cases, on the contrary, it is not necessary to conduct any conversations, but immediately impose a penalty, announcing it as an order. If a pupil deliberately violates the interests of the collective, if he defiantly does not want to obey its rules, if no conversations help, he must be transferred to the council of the collective or the general meeting, it is necessary that the members of the collective protest against the violator. In these cases, it is necessary that an external penalty be imposed. Penalties, first of all, should have the character of condemnation. These include: a reprimand at a general meeting, a reprimand in an order. Sometimes it's helpful to have the meeting simply decide: So-and-so did wrong, that's the way it should be done. In this kind of moral resolutions of the general meeting, especially qualified forms can also be allowed, especially in cases where the offender has shown stubbornness, if he acted unworthily, stupidly, shamefully, selfishly.
In the practice of the Dzerzhinsky commune, there were decisions of this nature: to instruct Petrov (the youngest in the commune) to explain to Ivanov what to do (and Ivanov is one of the adults). On a day off from two to half past three, Ivanov must think how uncomradely he acted. On March 15 - in three months - let Ivanov speak at the general meeting and say whether he did the right thing today or not.
At a general meeting, one must speak not so much at the address of the violator, but rather addressing everyone, offering everyone an analysis of the offense and putting forward most clearly the interests of the collective and the working class, pointing out the paths and tasks of the institution and the duty to it of all its members. The most serious, out of the ordinary misdemeanors are hooliganism, poor work at work and at school, theft, drunkenness, and violence against the weaker.
Theft, if committed by newcomers, should not cause great reprisals. In the commune named after F. E. Dzerzhinsky, a newcomer is simply not punished for stealing, and this makes the strongest impression on him. They only explain to him why it is impossible to steal in a team, they show him new ways, they try to put him in such a position that he cannot physically steal, they watch him.
But in relation to the elders, the most decisive measures should be taken in case of theft. The first case may be the subject of discussion at a general meeting with clarification of all circumstances, punishment may be imposed (deprivation of vacations, pocket money, compensation for losses, transfer to a brigade of newcomers, etc.). In the case of repeated theft, the most recent measure should be applied: bringing to justice and immediate arrest.
Even if the pupil sincerely repents and promises to stop the theft, it cannot be left without punishment if the theft is committed a second time. But if such a pupil is not brought to justice, he should be warned about this.
Drunkenness should also be strictly prosecuted in the team. The first case of drunkenness should entail one of the following measures of influence: deprivation of the right to spend money without the permission of the commander; deprivation of holidays without a certain guide; special supervision in the evening and on weekends.
Repeated drunkenness should cause a more decisive protest, up to and including removal from the institution.
This removal in boarding schools may in this case have the character of secondment to the successor of his region for a certain period to perform the work of a foreman with the condition: if the successor gives a good reference, the pupil can be returned to the colony. Both in the case of theft and in cases of drunkenness, the general meeting may decide to delay the release from the institution until a certain period and to enter it in a personal file. Hooliganism and violence against the weaker must be resolutely pursued in all children's institutions. But in this case, punishments are of little use, much better are various moral forms of condemnation - a caricature in a newspaper. In the history of the Dzerzhinsky commune, there was a case when, in relation to one such rapist, a decision was made: "The general meeting of communards refuses to defend Ivanov if they will rape him."
Cases such as theft, drunkenness, hooliganism are less difficult for educational institutions, because they seem clear and too bright. However, for pedagogical leader they appear to be much more complex. So, for example, theft in a children's institution is almost never committed alone. Theft is necessarily evidence that a certain group has formed in the institution and that the leadership missed the formation of this group. And this means that a whole group of pupils is not involved in production and cultural work, that in some detachment, class there is an unhealthy hearth, that the commander is not in place.
Sometimes the thieves' tricks of such a group are the result of any injustices, failures in production, an insensitive attitude towards the interests of the pupils.
Drunkenness is even more a sign that the pedagogical leadership has lost an accurate idea of ​​the life of the pupils, that some children find themselves outside the sphere of influence of the institution, the collective and fall under the influence of class alien elements.
Finally, the third division of penalties are those that are imposed for relatively minor offenses, but those that cannot be missed without punishment. These include: being late for work, in the canteen, damaging property, refusing to obey the commander, teacher or boss, causing demonstrative behavior in the detachment, in the classroom, at work, rudeness, impoliteness, cheeky tone.
These offenses are the most difficult pedagogical leadership, because so far there are quite a lot of them.
In relation to such misconduct, it is best to apply the method of natural consequences: for being late for production - deprivation of the right to work in production for a certain period, for poor work - additional work, for sloppiness - additional cleaning work, for disobedience to the commander or foreman and defiant behavior in detachment - transfer to the most strict commander.
However, in all these cases, care must be taken that the punishments do not flow in whole streams one after another. In this case, they do not bring any benefit, they only unnerve the team, due to their a large number can't even be enforced. On the other hand, even minor misconduct of pupils should not be left without response.
The following should be taken as a rule: not a single misconduct of pupils should go unnoticed. In the educational department, a permanent record should be kept of all violations of the discipline, traditions, style and tone of the institution, even the smallest ones; the data of this registration should be summarized by weeks, by detachments, brigades and classes and be the subject of discussion in the councils of collectives (pedagogical and children's) of the educational institution. The primary collective, the most backward in discipline, should be called to the council of the collective in in full force; the commander of this team should be asked to give a report on the situation and condition of the team, individual offenders should be personally held accountable.
In such a meeting of the council, it is possible to impose a penalty on both individuals and the whole detachment. In general, it is necessary to avoid imposing a penalty on a whole detachment or on a group of guilty people. Such a penalty unites violators, already previously united in the violation itself. In relation to entire groups of perpetrators of a violation, it is always better to apply the following order: punish one person - the most guilty one, leave the rest without retribution, limit themselves only to a warning.
In general, one should always try to punish as little as possible, only in the case when punishment cannot be dispensed with, when it is clearly expedient and when it is supported by public opinion.
One more circumstance is very important: no matter how severely the pupil is punished, one should never go beyond the limits of the imposed in this severity. If the punishment has already been imposed, it should not be remembered a second time. The imposed punishment should always resolve the conflict to the end, without any residue. Within an hour after the imposition of a penalty, you need to be in a normal relationship with the pupil. Moreover, it is impossible to allow someone to laugh at the pupil at the moment of execution of the punishment, to recall his guilt, etc. In general, in the field of punishment, as in other areas of life children's institution, you must always remember the rule: as many requirements for the pupil as possible, as much respect for him as possible.
The punishment of deprivation of food or deterioration of food should never be applied; even if the pupil does not work well or refuses to work, one cannot deprive him of food. According to the resolution of the general meeting, one can only emphasize in one way or another that he uses the dining room undeservedly.
One colony in this case used an ingenious way: over one of the tables she put the inscription: "For guests", seated the parasites at this table and offered them food in great abundance.
Such team irony must be organized with great tact and can only be used in very strong teams. On the contrary, the improvement of food for the best Stakhanovites, and even better - for the advanced detachments and brigades, can be allowed. At the same time, pupils who are still lagging behind in their work or behavior should not be excluded from such a primary team.

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