On Bringing to Disciplinary Responsibility

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

In this regard, I remind you that a disciplinary offense 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 for work to disciplinary responsibility is not provided for by law.

According to Article 197 of the Labor Code of the Republic of Belarus, disciplinary responsibility is established for the unlawful, guilty non-performance or improper performance by an employee of their labor duties.

Thus, before making a decision to bring an employee to disciplinary responsibility, it is necessary to clearly determine whether they violated their labor duties or labor discipline and in what way.

In particular, to establish the fact that an employee is at the workplace and during working hours in a state of alcoholic intoxication, such signs as the smell of alcohol in the exhaled air, impaired coordination of movements, unsteady and shaky gait, redness of the eyes, slurred speech are not sufficient.

These signs are only grounds to believe that the employee is in a state of intoxication. The fact of alcoholic intoxication itself is determined as a result of an examination using devices designed to determine the concentration of absolute ethyl alcohol vapor in the exhaled air.

In addition, before applying a disciplinary penalty, the fact of the employee committing a disciplinary offense must be recorded, and a written explanation must be requested from the employee.

It should be noted that obtaining an explanation from the employee is necessary to determine all the circumstances of the disciplinary offense committed by them, as well as to establish the presence of possible valid reasons for its commission.

It should also be noted that Article 199 of the Labor Code stipulates that an order (instruction),

a resolution on disciplinary action, stating the reasons, shall be announced to the employee against signature within five days, excluding the period of the employee's illness and/or leave.

An employee who has not been informed of the order (instruction) or resolution on disciplinary action shall be considered as not having disciplinary action.

Deputy Prosecutor

of Beshenkovichi District

Junior Justice Advisor V.V. Doylidov