On Bringing to Disciplinary Responsibility

As a result of supervisory activities, the district prosecutor's office repeatedly identifies violations of legislative requirements when bringing employees to disciplinary responsibility.

Thus, in accordance with Article 197 of the Labor Code of the Republic of Belarus, disciplinary responsibility is established for unlawful, culpable non-performance or improper performance by an employee of their labor duties.

At the same time, a misconduct can only be committed by a person who is in an employment relationship with a specific employer. Bringing an employee performing work and services under a contract of work to disciplinary responsibility is not provided for by law.

When identifying a disciplinary offense, it is necessary to clearly determine whether and how the employee violated their labor duties or labor discipline.

To do this, it is necessary to establish whether the unfulfilled or improperly performed duties are actually the employee's duties under the employment contract or job (work) description.

Also, before applying a disciplinary penalty, the fact of the employee's disciplinary offense must be recorded. After recording the fact of the employee's disciplinary offense and before applying a disciplinary penalty, the employer is obliged to request a written explanation from the employee. Obtaining an explanation from the employee is necessary to determine all the circumstances of the disciplinary offense committed, as well as to establish the presence of possible valid reasons for its commission.

It is also mandatory to announce the order to the employee against signature within five days from the date of issue of this order, since an employee who has not been acquainted with the order on disciplinary action is considered not to have a disciplinary penalty.

However, these legislative requirements are not always observed by employers.

For example, during the consideration of K.'s appeal, the district prosecutor's office established a fact of violations when bringing an employee to disciplinary responsibility, as well as establishing the actual reasons for the misconduct, and as a consequence, leading to illegal deprivation of additional payments.

Following the prosecutor's protest, the employee's labor rights were protected, a protest was filed against the illegal order, which the employer

cancelled. The employee has been paid the due allowances.

Acting Prosecutor

of Beshenkovichi District

Junior Justice Advisor V.V. Doylidov