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Penalties for violation of labor discipline
Violation of labor discipline entails disciplinary measures, which are also called “disciplinary penalties”. They are provided for in Article 147 of the Labor Code of Ukraine and can be applied to various violations of discipline at the enterprise (from obscene language to appearing at work in a drunken state). In the article below, we will analyze in detail when and in what forms liability may arise for employees.
Labor discipline: in what actions is its violation manifested?

Violation of labor discipline is a disciplinary offense, for which an employee may be subject to disciplinary action. This is essentially a culpable (intentional, negligent) failure to fulfill, improper fulfillment by an employee of his duties stipulated by the rules of the internal labor regulations. Such actions can be expressed in the form of:
- actions (absenteeism, failure to fulfill lawful orders of the manager, etc.);
- inaction (failure to comply with labor protection requirements, failure to take actions to protect commercial secrets, etc.).
The most serious violation today is mobbing at work – harassment of other employees. You can learn more about it in another article by our lawyer.
What penalties are provided for violation of labor discipline?
Ukrainian legislation, in particular the Labor Code of Ukraine, provides for an exhaustive list of disciplinary measures – reprimand (a less severe measure) and dismissal (the most severe measure). We will discuss them in more detail in the following sections.
Reprimand
A reprimand is a type of punishment that involves a moral impact on an employee. As a general rule, it is imposed for a maximum of one year, and its presence is grounds for non-payment of bonuses. Typical situations for the application of a reprimand are as follows:
- systematic lateness;
- poor-quality performance of assigned work;
- ignoring management orders;
- non-compliance with internal labor regulations regarding dress code, etc.
Dismissal of an employee
Dismissal of an employee at the initiative of the employer is the most severe disciplinary sanction and is applied only in cases expressly provided for by law. Dismissal is carried out for the most serious violations, which are:
- absenteeism without a good reason (absence from work for more than three hours);
- appearing at work in a state of drug or alcohol intoxication;
- failure by an employee to comply with the provisions of the rules of conduct at the enterprise in terms of preventing and combating mobbing.
It is important to know! Dismissal of an employee is applied only in case of repeated failure to perform duties and the presence of a previous reprimand.
What requirements must disciplinary sanctions meet?
The application of disciplinary sanctions must comply with the requirements established by the Labor Code of Ukraine (in particular, Articles 147, 147-1 and 148, respectively). Failure to comply with these rules may result in the sanction being declared illegal. Therefore, when deciding on the application of a severe reprimand or dismissal, the employer must keep in mind the following:
- the punishment is applied exclusively by the body that is granted the right to employ the employee;
- a specific measure is applied no later than one month from the date of detection by the employer of a disciplinary offense, but no later than six months from the date of its actual commission;
- only one disciplinary sanction is applied for each act;
- when choosing a measure, it is necessary to conduct an official investigation and take into account the severity of the offense and the circumstances.
What is the legal procedure for applying sanctions for violation of labor discipline?
The sequence of mandatory procedures that the employer must take is as follows:
- documentation (drawing up a memo, a report on the violation, obtaining other evidence, for example, an extract from the time sheet, a medical examination report, etc.);
- requesting written explanations from the employee (if necessary, from persons living with him or close relatives);
- developing an order (in any form) with a mandatory indication of the type of penalty, a description of the offense committed, a reference to the applicable paragraph and article of the Labor Code of Ukraine;
- providing the order to the employee for a receipt.
Why should you contact our company’s labor law lawyer?
Contacting a labor law lawyer is a strategically important step for a company in the matter of choosing and drawing up a penalty for an employee for a violation. Given his experience and knowledge, the best option would be to order proper legal support. It will include the following services:
- legal advice;
- legal support during inspections;
- preparation of documents for disciplinary liability;
- creation (analysis) of internal policies and labor regulations;
- support of full material liability of employees (in the event of losses for the company due to its systematic violations of labor discipline);
- representation of the employer’s interests in court (if necessary).
A labor law lawyer will protect your interests in the most effective way. To find out the cost of his services for processing a fine for violation of labor discipline – fill out the form below.
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