Disciplinary responsibility of employees Printable versionLast update: 15.01.2020
There is a term “disciplinary responsibility” in professional sphere. It is an application of disciplinary sanctions to employees for non- execution or improper execution of employment duties. Employer is entitled to bring an employee to the disciplinary responsibility in accordance with the norms of Labor code. The reason for this may serve, for example, systematically being late for work, absence at work place without good cause, failure to assigned duties, etc., ie obligations that have arisen on the basis of employment relationship between employee and employer.
There are following types of disciplinary punishment:
- serious admonish;
- termination of employment agreement.
Application procedure of disciplinary sanctions
After employer identified the fact of non-execution of duties by employee, he demands to submit a circumstantial letter. If the employee does not submit such letter within 2 working days, one draws up an act. Employer gives the act to the employee for review and within 3 working days, the employer must confirm it by his signature. If it’s impossible to familiarize the employee with the act personally, employer must send a copy to the employee.
If the employer is absent at work place due to the temporary unemployment, release from work with the purpose of execution of governmental or social duties, staying on vacation, business-trip or watch- based vacation, then duration of disciplinary sanction is suspended for the period of employee absence.
Duration of sanction can not exceed six months since the day of its application, except for termination of employment agreement. Employer who has imposed disciplinary sanction has the right to withdraw it before the term ends by drawing an act of employer.
Disciplinary sanctions not prescribed by the Labor code and other laws of RK are not applicable.
Is it possible to deprive an employee of a salary because of disciplinary offense?
For disciplinary offence made by employee, the employer is entitled to impose an appropriate type of disciplinary sanction (reprimand, admonish, serious admonish, termination of employment agreement).
Application of other disciplinary sanctions not prescribed by the Labor code and other regulations of the Republic of Kazakhstan is not allowed. Thus, deduction from salary for disciplinary offence is illegal.
However, there are additional payments in form of allowance, bonuses for outstanding performance of work. They are not included in obligatory payments and the employer is entitled to deduct these payments because of disciplinary offence. Decision on deduction must be drew by the employer’s order and the employee must be familiarized with it.
While disciplinary offence one may terminate employment agreement as a measure of disciplinary sanction. The reasons of termination are the following:
absence of employee at workplace without an acceptable reason within three and more hours on one working day (shiftwork);
being at work in a state of alcoholic, narcotic, psychotropic intoxication and in cases of use during the working day of substances that cause the condition of alcohol, narcotic, toxic intoxication;
refusal to pass medical examination to establish the use of substances that cause the condition of alcohol, narcotic, toxic intoxication, confirmed by the relevant act;
violation of labor protection and fire safety regulations which resulted or could result to serious consequences, including injuries and accidents;
commitment by the employee a theft (including small) at workplace of another's property, its intentional destruction or damage, established by a legally effective judgment or order of a court;
commitment of guilty acts or omissions by the employee serving monetary or commodity values if these acts or omissions give rise to loss of credibility on the part of the employer;
commitment by the employee performing educational functions, an immoral act which is not compatible with the continuation of this work;
disclosure by the employee of information constituting state secrets and other secrets protected by law, which became known to him in connection with the performance of job duties;
repeated non-performance or improper performance without an acceptable reason work duties by the employee having disciplinary action;
giving by the employee to the employer of false documents or information when concluding an employment contract or a transfer to another job, if the original documents or information may be grounds for denial of an employment contract or a transfer to another job;
violation of labor duties by the head of the executive body of the employer, his deputy or the head of the employer units (branches, representative offices and other subdivisions of the employer, of certain acts of the employer), caused material damage to the employer.