Official proceedings in Sun. The procedure for conducting an internal investigation at the enterprise

An internal document that fixes the circumstances of a disciplinary offense and the presence of its composition is an act of an internal investigation, or an act of an internal audit.

The presence of such a document in the event of litigation with an employee or an audit will prove compliance with the requirements of Art. 192-193 of the Labor Code of the Russian Federation. And this means that there are certain nuances that the drafter of the act and the head of the organization must take into account when conducting an official investigation and preparing the corresponding act. We will talk about them in this article. If you have any difficulties, you can use the help of an on-duty lawyer.

By the way, pay attention to the local acts of the organization. Perhaps the form of the act of internal investigation at the enterprise is approved. And if not, based on our example, it can be developed.

An example of an official investigation report

APPROVE:

Kuvshinka LLC

CEO

Bratchikov Rodion Konstantinovich

Compiled by the committee:

Chairman: Head of Personnel Department P.R. Malakhov

Commission members:

Fact of violation: failure by the administrator Sinitsina Anastasia Vladimirovna to fulfill the assigned duties to notify the migration unit of the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory in the city of Gelendzhik about the arrival of foreign citizens at a place of temporary stay within 24 hours (violation of Article 20 of the Federal Law "On Migration Registration of Foreign Citizens and Persons stateless” dated July 18, 2006 No. 109-FZ).

As a result of the internal investigation, it was revealed:

1. April 18, 2017 to the hotel "Kuvshinka" at the address: Gelendzhik, st. Marine, 48, at 12 o'clock. 48 min. a citizen of the Republic of Uzbekistan Mahmud Farkhudov, born on 04/08/1972, arrived for a temporary stay.
2. According to the time sheet, the register, on April 18, 2017, the administrator Sinitsina A.V. She has been performing her duties since 06:00. 00 min. till 06 o'clock. 00 min. April 19, 2017, incl. on settling guests and providing them with hotel rooms. Sinitsina A.V. provided Uzbek citizen Farkhudov M. with room 309 on the third floor of the hotel, and also took payment and issued a receipt.
3. In violation of clause 2.4 of the job description of the hotel administrator and Art. 20 of the Federal Law “On Migration Registration of Foreign Citizens and Stateless Persons” dated July 18, 2006 No. 109-FZ notification of the arrival of a foreign citizen at the place of stay of Sinitsina A.V. was not filled in, it was not submitted to the migration unit in the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory in the city of Gelendzhik.
4. On 05/05/2017, as a result of an inspection by the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory in the city of Gelendzhik, an administrative protocol was drawn up in relation to Kuvshinka LLC and a decision was issued on an administrative offense under Part 4 of Art. 18.9 of the Code of Administrative Offenses of the Russian Federation. An administrative fine in the amount of 400,000 rubles was imposed.
5. According to written explanations Sinitsina A.The. dated May 5, 2017, she did not send a notification to the Main Directorate of the Ministry of Internal Affairs for the Krasnodar Territory in the city of Gelendzhik due to forgetfulness.
6. Previously, the employee showed diligence in work, performed duties on time. There are no outstanding charges. He was not held accountable for violations of labor discipline. Works at Kuvshinka LLC under an employment contract as an administrator since 08/05/2015.

Having studied the materials, namely: the internal labor regulations, the job description of the hotel administrator, the materials of the case on an administrative offense, the explanations of Sinitsina A.V., the commission comes to the following conclusions:

1. In the actions of Sinitsina A.The. contains the composition of a disciplinary violation, expressed in the improper performance by the employee through his fault of the labor duties assigned to him, as a result of which the employer suffered damage in the amount of 400,000 rubles.
2. Engage Sinitsina A.V. to disciplinary responsibility and apply a disciplinary sanction in the form of a reprimand.

Commission Chairman:

ETC. Malakhov

Commission members:

Labor protection specialist S.S. Vykhina

Leading Legal Counsel D.V. Fedoseeva

I am familiar with the act of internal investigation:

Sinitsina A.V.

What to do before drawing up an act of an internal investigation

The act of an internal investigation is drawn up in cases of damage to the employer by the actions of the employee or the detection of violations of labor discipline. Such a document must also be drawn up after the intention to dismiss the employee for absenteeism.

Conducting an internal investigation or verification is initiated by the resolution of the head - the first person of the organization. The composition of the commission is approved by order, and the period of the audit is limited to 30 calendar days. Members and the chairman of the commission must familiarize themselves with the order. By the way, these should be persons not related to the incident.

The commission collects and examines the documents related to the incident, requests explanations from the employee (mandatory). In case of refusal, an appropriate Act is drawn up (by analogy with). Based on the results of the check, an Internal Investigation Act is drawn up, which is signed by all members of the commission and the employee in respect of whom it was carried out ().

What is included in the act of official investigation

The commission for conducting an internal investigation must establish the following facts:

• whether the company was damaged, whether there was an incident or the fact of violation of labor discipline by the employee
• the circumstances under which it happened
• the consequences of what happened and the causal relationship between the actions of the employee (s) and the damage caused
• whose fault, what did she express
• circumstances mitigating or aggravating liability (the fact of violation of labor discipline earlier, etc.)
• conclusion of the commission: whether the fact of violation by the employee of his duties was established. The type of disciplinary sanction may be established separately by order of the head at his discretion, or may be expressed in an official investigation report.

Office investigations at enterprises are not so rare. The impetus for this procedure is a separate document called "Order to Conduct an Internal Investigation", written as a result of any emergency situation in the organization.

FILES 2 files

What might warrant an investigation

The job description of any employee contains a section that prescribes responsibility for certain violations. Usually there are items about:

• damage to the company
• damage to inventory items,
• non-observance of labor discipline,
• negligent performance of labor functions,
• disclosure of trade secrets, etc.

All these offenses can lead to quite serious consequences for the organization and become the reason for an official investigation. And if this happened, then the internal “investigation” will help to establish the true cause of the incident and determine the degree of guilt of one or another employee.

Investigation procedure

In some types of offenses, the investigation is the responsibility of the employer, in other cases it is a voluntary initiative of the head. If such an investigation is not carried out, then the employee will later be able to appeal the disciplinary sanction to which he was subjected.

However, the investigation procedure is quite time-consuming and responsible, therefore, a special commission is appointed for it by a separate order. Its main task is to clarify the circumstances of the incident, talk with the alleged perpetrators, establish the degree of their guilt, and calculate the damage caused to the organization.

The committee must include at least three people from different divisions of the company. All of them must be sufficiently qualified and competent specialists to conduct an investigation of high quality, at the proper level, having analyzed all the motives, causal relationships and other circumstances. At the same time, it is necessary to act very carefully, not allowing violation of the rights of workers. As a rule, the commission includes:

• internal security officer
• lawyer,
• accountant or economist
• technical worker, e.g. engineer, etc.

The committee may also include the head of the company.

Investigation results

After the investigation, the commission in a special act makes its decision, which, in the case of evidence of the guilt of the employee, serves as the basis for imposing a disciplinary punishment on him.

Usually in such cases, the punishment comes in the form of a reprimand or even dismissal, rarely anyone manages to get off with a remark. In addition, the employee may also incur financial liability (if facts of intentional damage to the property of the enterprise have been proven).

In special situations, an internal investigation may serve as a basis for initiating an administrative or even criminal case, as well as lead to filing a civil lawsuit against the perpetrator.

Who writes the order

The secretary of the organization, or the employee who is the authorized representative of the head, is directly involved in drawing up the order. At the same time, the order itself is always written on behalf of the director of the company and must be certified by his signature (in case of his absence from the workplace, by the deputy acting).

Basis for the order

Any order must have some basis. In this case, it is either a representation from the head of the department / head of the unit in which the violation was discovered. The order must include a link to this document.

How to make an order

To date, there is no standard unified sample of an order for an internal investigation in relation to a delinquent employee. Enterprises and organizations can write it in any form or use a template developed within the enterprise, based on its needs (in this case, the form of the order must be approved in the firm's even policy).

An investigation order should include a number of basic information. This:

• the name of the employing company,
• personal data of the employee: his position, full name, information about the incident,
• base link,
• information about the persons responsible for its implementation.

Also, the order must be numbered and dated. It is not necessary to stamp the document, because since 2016, the requirement of the law for legal entities (as previously for individual entrepreneurs) to use stamps and seals in their work has been canceled.

How to place an order

The order is written in a single copy. It can be drawn up both on a regular sheet of A4 format, and on the letterhead of the enterprise, in printed or handwritten form (all this does not play a role). However, it must contain signatures:

• company leader,
• responsible employees
• if necessary, the person in respect of whom it was drawn up.

sample order

1. At the beginning, on the left or right (does not matter), the name of the organization is written indicating its organizational and legal status (i.e. CJSC, OJSC, IP, LLC), as well as the date and number of the document.
2. After that, the word “Order” is entered in the middle and its meaning is briefly conveyed a little lower (in this case, “about an official investigation”).

Then the main part of the order is located.

3. First, a “foreword” is entered here, that is, information about the emergency situation (violation, misconduct, etc.) and the employee who committed it, the date of the incident is indicated.
4. Then the order itself is written in separate paragraphs. Here the composition of the commission is appointed (the positions of the employees of the enterprise, their last names, first names, patronymics are indicated) with the allocation of the chairman and ordinary members, their goals and objectives are prescribed, including drawing up a conclusion on the investigation.
5. A separate item is assigned to the person responsible for the execution of the order.
6. After that, a reference to the basis (with its number and date) is entered into the document.
7. At the end, the order is signed by the head, as well as all the employees mentioned in it.

What is an internal investigation conducted at an enterprise or organization, and what legal norms govern the sequence of an internal investigation within disciplinary proceedings, as well as samples of documentation accompanying the conduct of actions within the framework of internal proceedings - this will be discussed in detail in this article.

In what cases is an official hearing held?

1. Absence from work during working hours. Absence from the workplace during working hours for more than 4 hours without a good reason is called absenteeism, in accordance with the provisions of the Labor Code of the Russian Federation. Most often, as a punishment for absenteeism, an employee can be reprimanded, but in some cases, when an employee’s absenteeism has led to negative consequences that impede the standard functioning of an enterprise or organization, the employee is subject to dismissal. However, in order to dismiss an employee in accordance with the Labor Code of the Russian Federation on the basis of absenteeism, a number of actions are required, one of which may be taking measures to clarify the circumstances preceding absenteeism.
2. Identification of facts of material damage. Under the material harm caused to the enterprise, can be understood as a cash shortage, deliberate theft of money or property of the employer, damage to property or production equipment. To determine the amount of damage caused, data taken from the balance sheet is usually used. In some cases, independent expert appraisers may be involved.
3. Abuse of office. Another type of disciplinary violation is when an employee of an enterprise or organization, within the framework of his competence, performs actions that contradict those provided for in the job description. For example, a mall manager who is responsible for subletting places is renting out retail space at a lower cost for his own benefit. In some instances of abuse of power, a professional audit may be required to determine who was at fault and the extent of the harm caused.

Order of conduct

When initiating an internal investigation procedure, several principles should be followed:

1. The principle of objectivity. All activities must be unbiased.
2. The principle of innocence. A person under investigation cannot be considered guilty until results are obtained confirming the fact of a disciplinary violation.
3. The principle of legality. The procedure for carrying out official additional investigation is based on the internal instructions of the enterprise, organization or department, provided that such an instruction does not contradict the current legislation.

Action sequence algorithm

The first thing the manager must do to start an internal investigation is to issue an appropriate Order. An example of how it should look like this order:

From the moment the order is issued, the authorities have one month at their disposal to clarify all the circumstances of the case. An order can be made based on various factors:

1. The manager is informed of the violation that has occurred through the statement of the employee himself.
2. Based on a claim from consumers or subagents.
3. On the basis of appeals from other citizens, including colleagues of an employee who is considered responsible for the disciplinary violations that have occurred.
4. On the basis of the act of inventory (or the act of identifying shortages).
5. As a result of the audit.

After the issuance of the Order, the head must determine the members of the special commission participating in the investigation. Most often, members of the commission are employees of the internal security service or internal audit. In small enterprises, in the absence of such personnel units, any employees of the institution who, in the opinion of the head, can give an objective assessment of what happened, based on their experience and knowledge in a particular area, can be appointed members of the commission.

Important! It is impossible to involve in the members of the commission persons who are obviously personally interested in one or another outcome of events.

After the formation of the commission, the manager is obliged to request written explanations from the employee in respect of whom the internal audit is being carried out. This is how an approximate sample of a notification sent to an employee via registered mail looks like:

What happens next depends on the reaction of the subordinate. The Labor Code determines the period during which written explanations must be received from the person accused of disciplinary violations - 2 days from the date of receipt of the notification. The scenario for the development of further events will be interconnected with the result of the preliminary notification. That is, if we assume as an example that in response to the notification specified in the sample above, the manager received from the employee Petrov E.M. written explanations, which were regarded by the members of the commission as valid reasons for the absence of the employee from the workplace. In this case, an Internal Investigation Act is drawn up at the enterprise, where a conclusion is displayed with the conclusions of the commission on the degree of guilt of the person.

In the event that the subordinate refuses to explain the circumstances of the misconduct imputed to him or does not want to receive a notification at all, an act of refusal to give explanations is drawn up. An illustrative example of such an act:

The result of the proceedings is an act of internal investigation at the enterprise, which includes three parts:

1. First part. Introductory, describing the nature of the precedent, disciplinary offense, the timing of the audit and the composition of the members of the commission.
2. Second part. Description of the activities carried out in order to obtain evidence.
3. The third part. Final. Conclusions of the commission on the guilt of the person.

An example of such a document:

Acts, orders, memos and other written evidence obtained during the audit can serve as applications. On the basis of this act, an order is issued for dismissal under the article in the event that the employee is found guilty of a misconduct of a disciplinary nature.

Conclusion

Official proceedings at an enterprise or organization are internal proceedings, therefore, regardless of its results, a person whose rights and legitimate interests could be violated has the right to go to court, regardless of the results of the outcome of the official investigation. A person is entitled to apply to the court for the protection of his rights and business reputation even if, following the results of the investigation, he was found guilty with subsequent dismissal. However, the court will take the side of the dismissed employee only if measures were taken against the employee that contradict the current legislation, otherwise, the appeal to the court is pointless.

Parent meeting minutes at school

Minutes of the general meeting of owners of an apartment building

Act of performed works of cargo transportation

The act of writing off materials

Act of acceptance and transfer of accounting documents

The act of providing services

Official investigation act

Internal investigation in case of violation of labor discipline

Article: We are conducting an internal investigation: the rules for processing documents (Schetinina A.) ("Personnel service and personnel management of the enterprise", 2009, N 11)

In order to impose a disciplinary sanction on an employee, it is necessary to prove that it was he who committed this misconduct, that the penalty was imposed legally and on time. Thorough and clear documentation in the event of an unfavorable development of events and the dismissal of an employee will allow you to defend your innocence in court or before the labor inspectorate.

Where does it all start

If a violation of labor discipline is detected, the employee who discovered this fact is obliged to notify the management of the incident. It is advisable to make a reservation that the employee must first notify his immediate supervisor, and he, respectively, the head of the employee, presumably guilty. It is this leader who decides on the excitation official investigation. It is very important for the design of the investigation how this notification occurs. The fact of the violation and the circumstances under which the incident was discovered must be recorded in a memo or in a memorandum of the employee issued in the name of the director of the company. A memo can be in electronic form, if the technical means of the enterprise allow it, but more often memos are submitted in paper form.

Further, the fact of discovery must be documented. That is memo must be accepted for execution, the incoming number and the date of acceptance are affixed. This is a very important moment in the production of an internal investigation. It is with the fixation of the fact of misconduct that the period of time begins, during which the administrative investigation must be completed and a decision made. The Labor Code determines that this period should be equal to one month (part 3 of article 193 of the Labor Code of the Russian Federation). It can be extended for the duration of illness and / or vacation of the employee in respect of whom the internal investigation is being carried out, but not more than 6 months. However, based on the results of an audit, audit of financial and economic activities or an audit, a disciplinary sanction may be applied no later than two years from the date of its commission. These terms do not include the time of criminal proceedings.

Investigation procedure

A commission must be formed to carry out an internal investigation. Usually the commission consists of at least three people. As a rule, the commission is headed by either the head of the security service or the head of the personnel service. The commission includes specialists from the security service, specialists from the personnel service and representatives of the trade union organization. The commission cannot include the direct head of the employee in respect of whom the internal investigation is being carried out, and the heads of the organization that make decisions on imposing a disciplinary sanction. This is a necessary condition for maintaining objectivity and eliminating bias in the ongoing investigation.

The Labor Code, in determining the procedure for conducting an internal investigation, indicates certain requirements in the procedure itself (Article 193 of the Labor Code of the Russian Federation). This article contains a list of facts that are subject to investigation. Also, in Resolution of the Plenum of the RF Armed Forces N 2, clarifications are given to this list: the previous behavior of the employee and his attitude to work.

Thus, in the course of an internal investigation, it is advisable to obtain answers to the following questions:

- the fact of violation of labor discipline (when, where and by what means it was committed);

- who is the culprit of the violation of labor discipline (part 1 of article 192 of the Labor Code of the Russian Federation);

- what circumstances and reasons led to the misconduct (part 5 of article 192 of the Labor Code of the Russian Federation);

- what is the severity of the misconduct committed and the consequences of violation of labor discipline (part 5 of article 192 of the Labor Code of the Russian Federation);

- the presence or absence of circumstances mitigating and aggravating the responsibility of the guilty person;

- what was the previous behavior of the employee and his attitude to work.

The first step in the work of the commission during an internal investigation is to identify the perpetrator of the violation of labor discipline and the circumstances of its violation. Further, the commission must prove the guilt of the offender, the severity of the offense committed and the circumstances under which it was committed.

When a person who committed a disciplinary offense is identified, the commission must request an explanation from the employee in writing. The circle of persons from whom an explanation can be obtained is not limited and is determined by the chairman of the commission. The requirement is in the form notifications. The notification briefly reports the fact of the incident, provides data on the employee from whom an explanation is required, and lists the questions that he must answer. Upon receipt of this notice, the employee must sign the receipt.

From the date of receipt of this notice, the period begins for the employee, during which he is obliged to submit his explanation. For this, the labor legislation allots two days. If at the end of this period an explanation is not provided by the employee, an appropriate Act. The act is also drawn up and signed by the commission, but with a composition different from the composition of the commission conducting the investigation. The commission drawing up the act must consist of at least three people from different departments, in addition to the department in which the employee who did not submit an explanation works. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

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The explanation by the employee is drawn up in any form in compliance with the established requirements of office work. It is formatted in the form explanatory note in the name of the employer by hand, indicating the date of writing, position, personal signature, surname, initials. In an explanatory note, the employee must state his own view of the event, explain the reasons for the misconduct, argue the circumstances that confirm any facts, mitigate or even eliminate his guilt.

An explanatory note is a mandatory document during the investigation, but not always the only one. To this document, the commission may require copies or originals of other documents confirming the guilt or innocence of the employee, or illustrating the situation in which the misconduct was committed, or proving the degree of guilt of the employee. What exactly and in what quantity is necessary for the investigation, the chairman of the commission decides. So, if this is a delay, then perhaps one explanatory note from a late employee will be enough. But if an employee made a mistake when entering information into the database, then the commission needs to receive documents confirming that it was this employee who entered this information into the database. Then prove that no one edited this information later and that it was this mistake that led, for example, to the incorrect formation of a payment order, to the imposition of a fine on the organization and the accrual of penalties. Here, you can no longer do without technical specialists who have the opportunity to provide either a user log or a level of access to formatting information in the database. Further, the commission will require copies of the payment order, copies of the prescription and the document on the basis of which the penalty was charged. If it is not possible to attach a particular document to the materials, then a certificate is drawn up about its content. For clarity, various diagrams, tables, photo and video materials can be attached to the materials. All these documents are numbered and filed "in the file", usually they are annexes to the final document of the investigation.

Summarizing all of the above, here is an approximate list of documents that appear during the internal investigation:

- memos of employees on the discovery of the fact of a disciplinary offense;

- documents containing the employee's explanations: an explanatory note or an act confirming the employee's failure to provide an explanation;

- explanations of officials, witnesses or protocols of their interviews;

- expert opinions, as well as indications of special technical means;

- acts on the audit or inventory, if the investigation is carried out based on their results or the commission requested the inventory and audit procedure;

- customer complaints, if the investigation is based on them;

- other documents at the discretion of the commission;

- an act on the conduct of an official investigation;

- documents on the application of a disciplinary sanction to the employee: an order, an act confirming the employee's refusal to familiarize himself with the order against signature.

The final document of the commission's work is official investigation report. which is compiled on the basis of the case materials (results of research, examinations, interviews of witnesses, etc.). The act is drawn up by the commission at the end of the investigation, signed by all its members. When drawing up this document, it is assigned a serial number, the date of its compilation (end of the investigation) is indicated. Together with all the documents and materials collected during the investigation attached to it, the act is transferred to the person authorized to make decisions on imposing a penalty. As a rule, this is the head of the enterprise. The act is approved by the director of the company and certified by a seal.

According to the content, this document has three components: introductory, descriptive and resolution. The introductory part indicates the fact of violation of labor discipline, the date of the violation, the period of the investigation and the composition of the commission. The narrative part details the evidence base of the investigation and answers to the questions above. In the operative part, a summary is given: who exactly and what exactly is guilty, whether this employee has similar outstanding penalties, and a list of annexes to this act is provided.

If during the internal investigation it was found that the actions of the guilty person contain signs of a crime, it is necessary to name them and make proposals to the head of the organization to consider the issue of initiating a criminal case. The act is signed by all members of the commission.

Internal investigation of an employee at an enterprise: where to start and how to conduct

The main goal of implementing an internal internal investigation in an organization is the need to impose a disciplinary sanction on an employee when proving his guilt. Also, the investigation will protect the company from litigation in case of dismissal of a specialist for unreasonable reasons.

As a result of the procedure, all actions must be documented.

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When is it held?

An internal investigation must be carried out when material damage is collected from the punished employee. Its main task is to determination of the causes of this damage. The concept of the cause will enable the employer to organize preventive measures in some areas, to stop the reappearance of similar situations in the future.

Investigation is a serious procedure that is not performed to prove minor violations.

Often it is enough to have a preventive conversation with the offender. If there are suspicions that an employee has caused major material damage or the mercenary use of official authority, strict measures must be taken.

Also, a special commission checks disciplinary violations related to evading a medical examination (by specialists in some professions), passing exams on labor protection and safety, undergoing special training during working hours, refusing to sign a liability agreement (if this is the main labor duty of a specialist).

Perpetrators and eyewitnesses of the event may be called for interrogation. The procedure is voluntary, so employees may not participate in it. They cannot be forced to undergo a polygraph test or, without their consent, to do an examination or search.

Regulation under the Labor Code of the Russian Federation

Compared to the investigation of a traffic accident, which is clearly defined in the corresponding provision, the Labor Code does not provide for an internal investigation. But the imposition of disciplinary liability on an employee can be compared with the procedure for conducting an investigation in an organization. Based on Art. 189 of the Labor Code of Russia, this procedure is regulated by the labor regulations in the company, as well as by a specialized instruction or regulation.

The execution time of the check is regulated by Art. 193 TK. Based on part 3 of Art. 247 of the Labor Code, a specialist or his representative has the right to study all the materials of the investigation and appeal them if they disagree with the final conclusion.

Who is taking part?

As a rule, an internal check is carried out security Service. and internal audit department. In companies with a small headcount, these issues can be dealt with personnel service. Other specialists may be involved in the investigation (including accountants, lawyers).

Be sure to take part in the work of the head of the employee in respect of which the audit is carried out. But in order to obtain objective results, he cannot be a member of a special commission. As a result, the commission may include specialists from the personnel and security service, including the trade union committee. It should include at least 3 people. The head of the security service should be at the head.

Procedure and timing

Legislatively, for the investigation of violations of the labor schedule, 30 days. This period is counted from the time the decision was made or the order to carry out the check was issued.

If the investigation is carried out according to the employee's memo, then it must be completed within a month from the date of delivery of the document. This time does not include the duration of the employee's vacation or his illness, the period for recording information from the representative structure of employees (this time in total should not exceed 6 months). After 6 months from the date of the misconduct, the disciplinary sanction loses its force.

The specialist is asked for an explanation in writing, which he must draw up within 2 days after receiving the notification. In the absence of a response, an act of refusal to assist in the verification is drawn up.

After a misconduct has been identified, an order for an internal investigation is issued within 24 hours with the signature of the head. At the same time, a commission is appointed, which should include at least 3 uninterested professional employees of the company. They will draw up a test report.

At the final stage of verification work, the manager is provided with a report indicating the results obtained:

• the people responsible and the nature of the damage caused;
• conditions and factors that led to the violation;
• recommended types of punishments and advice to avoid similar cases in the future.

You can learn more about the procedure for this procedure from the following video:

Compiled documents

An internal investigation begins with the fact that the head or any employee of the company reveals the fact of misconduct, which is recorded in the documents (memo, act on the head of the company). In accordance with this document, this procedure is assigned. The fact of conducting and the time period for obtaining such information is important, otherwise the performance of the inspection may be appealed in court.

The note must be accepted for execution and registered. From the time when the date and number recorded in the workflow log is put on it, the period of verification is counted.

Also, the basis for the investigation may be an explanatory note, a statement from a specialist, a consumer complaint or claim, an inventory act, an audit report, an act on the identification of a commodity shortage. treatment of citizens with data on misconduct, etc.

The commission may require originals or photocopies of other documentation, which will confirm the correctness or guilt of the employee.

Test Results

In the final act of the investigation. compiled in accordance with the collected materials, there should be several parts:

• the introductory part contains the fact of the misconduct, the time of its commission, the deadline for the verification and the list of members of the commission;
• description - includes evidence;
• summary - reflects the perpetrators, the fact that they committed an incident, the presence of previously unrecovered penalties.

Also attached to the act are all the necessary documents that were used in the investigation. It is signed by the entire commission; in the office work, the act is given a serial number with the date the verification was completed. The conclusion is signed by the head and stamped.

All materials of the audit carried out are filed in the “Case” folder, an inventory of the documentation is made.

After that, the employer must decide on the imposition of a disciplinary sanction on the employee. According to the Labor Code, reprimand, remark or dismissal with relevant grounds. Allowed and warning or reprimand .

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The relevant order reflects the decision to impose a penalty, indicating the perpetrators, the grounds and type of punishment. For each disciplinary violation, one penalty is made.

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Official investigation: Labor Code on disciplinary sanctions

In the event of a serious violation of labor discipline in an organization, it often becomes necessary to clarify all the circumstances of the incident and apply measures of influence against the guilty employees. This process is an official investigation and is regulated by the Labor Code.

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What is considered an official investigation

In any team, a situation is possible when an internal investigation is needed.

In the activities of any company with more than two or three employees. there may be a situation related to the need to conduct an internal investigation into the misconduct of any employee.

This investigation is a set of measures to collect, verify, analyze information and materials about the misconduct in order to find out the details of its commission.

The Labor Code does not contain the exact concept of "official investigation", but it is precisely the strictly formalized way of holding accountable that is called an internal investigation. In addition, for non-compliance with labor discipline, it is possible to apply disciplinary punishment (penalty).

Labor discipline (Article 189 of the Labor Code of the Russian Federation) is understood as strict adherence to the rules of conduct defined by the Labor Code of the Russian Federation, other laws, labor contracts, as well as local acts of the organization (collective agreement, various agreements), and a disciplinary offense is considered a failure or improper performance of assigned duties (Article 192 of the Labor Code of the Russian Federation).

By concluding an employment contract, both parties, both the employee and the employer, acquire both the rights and obligations enshrined in Art. 21-22 of the Labor Code of the Russian Federation, which must be observed. Therefore, the employer has the right to punish an employee who has committed certain violations at work. True, in order to punish a person, it is necessary to establish that it was he who specifically committed an offense, that the penalty complies with the law and was imposed on time. This is the goal pursued, ultimately, by an official investigation.

What can be wrong

With minimal misconduct, you can do without an official investigation

Of course, violation of violation is different, and not everyone will entail an internal investigation. For example, when establishing the fact of being late for work (and if neither side denies it), there is no need for an entire investigation procedure.

A specific list of violations for which disciplinary sanctions are due in the organization may be established by the employer. Most often, such a list contains the following offenses:

• Violation of the work schedule (lateness, early departure, etc.)
• Failure to perform the assigned labor function (supported by complaints from customers, other employees, etc.)
• Violation of the job description (its individual provisions)
• Safety violation. fire safety
• Causing material damage to the employer (it can be expressed in the form of damage to property, equipment, machinery, waste or shortage of entrusted values)
• There may be other offenses as well. Depending on the act, it may also contain signs of a criminal offense that entail criminal liability (theft, fraud, etc.).

If signs of a crime are found in an employee’s misconduct, having established the fact of the act, the employer must report this to law enforcement agencies authorized to conduct appropriate investigations. An organization, regardless of its form of ownership, does not have the authority to investigate, even if it has its own security service.

When conducting an internal investigation, it is very important to correctly draw up the documentation so that later, if the employee’s complaints are considered in court, you can defend your case.

How to conduct an official investigation

The decision on the internal investigation is made by the director

The procedure begins with the identification of the fact of misconduct by any employee of the organization. However, the day when the offense is discovered will be the day when the head (official) is notified.

According to the Resolution of the Plenum of the Armed Forces of the Russian Federation "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" (2004), an official is recognized as the one "to whom the employee is subordinate in work (service)."

The fact of the violation and its circumstances are recorded in a memo addressed to the head (if the organization is large, then the direct one, if the organization is small, the director). The director decides on the internal investigation. The stages of the investigation are:

1. Formation of a commission authorized by the director by issuing an order. The composition of such a commission does not include the immediate supervisor of the employee in respect of whom the review is being carried out, as well as the head who makes the final decision.
2. The recommended number of committee members is at least three.
3. Actually, the work of the commission. consisting of finding out the specific person who committed the violation, its essence, the amount of damage, the reasons that led to the misconduct, bringing the perpetrators to justice, and developing preventive measures to prevent this from happening in the future.
4. If the person who committed the offense is known, an explanatory note is taken from him (according to Article 247 of the Labor Code of the Russian Federation), if the perpetrator needs to be identified, such explanatory notes are requested from the alleged persons.
5. Collection of other documents by the commission (eyewitness reports, inventory reports (if necessary), auditors' reports, etc.). If the misconduct is simple (for example, leaving the workplace), it is quite enough to be explanatory.
6. Drawing up a final act on the investigation, consisting of a description of the fact of the violation, time, circumstances of the offense, the operative part (indicating the perpetrator, as well as related factors). The act is signed by the members of the commission, certified by the signature of the head of the organization.

It is important to remember that the Labor Code gives both sides of the investigation the rights to:

• The employer has the right to ask for explanations. the employee has the right to refuse to write them. In this case, according to Part 1 of Art. 193 and part 2 of Art. 247 of the Labor Code of the Russian Federation, this is recorded in the act of refusal to provide explanations. Such an act is signed by persons who are not members of the investigation commission in order to avoid a conflict of interest. In addition, you should be aware that the Labor Code of the Russian Federation (Article 193) provides two days for giving explanations.
• Explanations are made in any form, and employees have the right to indicate mitigating (in their opinion) circumstances, or not to admit guilt and explain why.
• The drafted act is also given to the employee for familiarization, along with other verification materials. The right to refuse to sign is retained in this case as well.

To facilitate the work of the commission and streamline the process of considering disciplinary offenses, it is advisable for an organization to have a local act on official investigations (regulations, regulations, etc.).

Investigation timelines and liability measures

Service investigation period — 1 month

The period during which consideration of the issue of violation of discipline must be completed is established by the Labor Code and is 1 month (Article 192).

This period is counted from the day when it became known about the misconduct and is extended for the period of illness of the employee, vacation, etc. (but in any case can not be longer than 6 months). If the investigation is not completed by the expiration of the specified period, the employee cannot be held liable.

For a disciplinary violation, one of the penalties listed in the Labor Code of the Russian Federation can be applied: reprimand, reprimand, dismissal (Article 192). The order of punishment is announced to the employee against signature no later than 3 days from the date of issue. The punishment can be applied within six months.

If the organization has suffered damage, then its compensation is made in accordance with Art. 248 of the Labor Code of the Russian Federation in the amount of not more than one average monthly salary. It is this amount that the employer has the right to withhold from the employee by order, without a court decision. If the employee does not agree with the deduction, or the amount of damage is more than one salary, the damage can be recovered only in court.

Even if the fault of the employee is undeniably established, non-compliance with the deadlines for bringing to responsibility and material deductions in a larger amount than established by labor legislation are grounds for canceling the punishment by a court decision.

Disputes based on the results of an internal investigation

Internal investigation must be properly documented

The ability of the employer to hold his employee liable in accordance with the labor legislation of our country is a right, not an obligation (Article 22 of the Labor Code of the Russian Federation), therefore, he must determine whether it is worth starting an internal investigation, and whether it is possible to get by with preventive and moral-psychological measures ( conversation, suggestion, etc.).

When applying disciplinary measures based on the results of an investigation, it is important to consider that they can be considered legal only if:

• They are imposed by authorized persons (by the employer-individual (IE), the head-director, other authorized person acting on the basis of the law / constituent documents or local act of the organization.
• The official investigation and the imposition of punishment according to its results were carried out in accordance with the norms of labor legislation (and the local act on investigations, if any), within the period established by law.
• The punishment applied to the worker is commensurate with the gravity of the misconduct.

If at least one of the above factors is violated, the application of a disciplinary sanction will be illegitimate, and, subject to challenge by the employee, will be canceled in court.
Thus, the effectiveness of the application of disciplinary measures is directly related to the detailed observance by the employer of the current legislation in terms of the procedure and procedure for conducting an internal investigation.

The need for an official investigation in case of an accident is the topic of the video:

How to conduct an internal investigation: stages, deadlines and forms of documents

Not guilty until proven otherwise. If the position of the employer in the final act of the internal audit turns out to be insufficiently reasoned, subsequently the court may take the side of the employee. Legally accurate and competent paperwork at different stages of the investigation will help you make an informed decision and calmly defend the interests of the company in the future.

Official investigation (official check) is a serious procedure. To prove minor violations, it is not started. Often it is enough to have a preventive conversation with a violator of corporate peace. If there are suspicions that the employee caused significant material damage to the organization or used his official powers for personal gain, then it is worth moving to strict measures. The fact of absenteeism is also confirmed by the results of an internal investigation.

In addition, disciplinary violations, which will be reviewed by a special commission, include evading a medical examination (for employees of certain professions) and passing special training and passing exams on labor protection, safety precautions and operating rules during working hours, as well as refusing to conclude agreements on full liability, if this is the main labor function of the employee.

In Russian legislation, there is no concept of an official investigation as such. It can be considered part of the disciplinary proceedings, which describes in detail the procedure for bringing to responsibility for a disciplinary offense. An internal investigation in a single organization is regulated by the internal labor regulations and internal regulations (instructions, regulations).

It is important to know that conducting an official investigation is an internal event. The employer can call for “interrogation” the perpetrator, eyewitnesses of the incident and other employees, but only within the framework of their organization, department, institution, etc. Since the procedure is voluntary, employees have the right to refuse to participate. Workers must not be forced to undergo a polygraph test or, without their consent, to conduct searches and body searches. If an official opinion is required for an official matter, it is allowed to involve third parties (auditors, appraisers, medical workers, engineers, etc.) on a contractual basis. The law also allows sending inquiries necessary for the investigation to state bodies and other organizations.

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Any incident at the enterprise, whether it is an accident, theft of material assets or another incident, requires an internal investigation. For this, a commission is appointed, and based on the results of its meeting, an act or conclusion should be drawn up. A sample act of an internal investigation at an enterprise and the procedure for the actions of all authorized persons are in the article ppt.ru.

Employers should conduct an internal investigation in case of violation of labor discipline and other incidents. For example, when a shortage or leakage of information constituting a trade secret is detected. Such an event is necessary to identify the perpetrators and apply disciplinary measures to them, as well as to withhold from them the losses caused to the company. Most likely, a special commission will have to investigate the facts of employees evading a medical examination, passing exams on labor protection, safety precautions and operating rules, as well as refusing to conclude an agreement on the full liability of an employee, if this is provided for by his main labor function.

For minor cases, for example, when an employee is absent or appears at the workplace in a state of intoxication, it is not necessary to conduct an investigation. It is enough just to take an explanation from a person whose fault is obvious and so, and then act according to the law. But if the situation is ambiguous or the organization has suffered significant damage, it is impossible to do without the creation of a commission and an internal investigation. The expediency of all measures necessary within the framework of the event, as well as the degree of guilt of the person whose actions have become the subject of proceedings, is determined by a specially created commission. However, before doing so, it is necessary to record the fact of the violation itself.

Service (report) note

There is no unified document that must be drawn up upon discovery of a fact that gives rise to an internal investigation. In practice, such a fact is usually recorded by a memo of the person who discovered it. This document is drawn up on behalf of the employee to the address of his immediate superior or the head of the organization. In such a note you need to indicate:

• surname, name, patronymic and position of the employee who discovered the fact of violation;
• the circumstances under which the violation was committed or discovered;
• date and time of the event.

When receiving information about the illegal actions of an employee from third parties or even directly from law enforcement agencies, it is not necessary to draw up a memorandum. In addition, if the reason for initiating an internal investigation was the loss of inventory or cash identified by the results of the inventory, an appropriate act must be attached to the note. Based on these documents, the employer creates a commission in order to identify the culprit.

Creation of the commission and its tasks

The commission is formed by the order of the enterprise from competent employees who are not interested in the outcome of the proceedings. If the organization has special services, for example, security or internal audit, then their representatives will make up the majority of such a commission. In their absence, such functions are taken over by the personnel service.

The commission must include at least 3 people. The order must indicate the names and positions of the members of the commission, the purpose and date of its creation, its validity period (it may not be limited to a specific case), as well as the powers with which it is endowed. Typically, the tasks of such a commission include the following.

• Establishing the circumstances of the incident, including time, place and method.
• Identification of property that has been or may have been damaged.
• Inspection of the scene of the incident (if necessary).
• Determination of the cost of the inflicted (or possible) damage on the fact under investigation.
• Identification of persons directly responsible for the commission of the act.
• Collecting evidence of the guilt of these persons and establishing its degree for each of them (if there are several perpetrators).
• Determining the causes and conditions conducive to committing a misdemeanor.
• Collection and storage of documentary materials of the investigation.

The competence of the commission includes the right to demand explanations from all employees suspected of misconduct.

The commission can be created even if the company has not yet suffered direct damage, but the actions of the employee could lead to such consequences. The Commission may be permanent and resume its work if necessary.

It is necessary to acquaint with the order on the organization on creation of the commission under the signature of all its members. A sample order for an internal investigation (sample) should look something like this:

Collection of information and evidence

The procedure for conducting an internal investigation in labor legislation is not directly defined, therefore, in each organization it must be regulated by internal regulations and internal regulations (orders, instructions, regulations). That is, the commission can get the right to interview employees and study any accounting documents, if the management of the enterprise decides so.

Although such an event is a purely internal affair of each organization and only its employees and management can take part in it, third-party specialists can be involved in it if necessary to clarify the facts related to the incident. For example, to determine the degree of intoxication and the severity of the error made by the employee when making estimates according to the estimate. This is usually necessary when the qualifications of the company's specialists are not enough to draw professional conclusions. In this case, a separate order is issued for the enterprise. Contractors can be:

• auditors;
• appraisers;
• medical workers;
• engineers;
• lawyers;
• other specialists.

In addition, as part of the investigation, you can send requests to government agencies and third-party organizations. They are obliged to provide the necessary information, if it is not a secret. All collected materials must be attached to the case as evidence - as well as acts, certificates and memorandums that are compiled by members of the commission during the investigation. After all, any sample of an official investigation in relation to an employee, especially if it concerns a shortage, may be required to be transferred to law enforcement agencies.

Employee's explanation

Before the end of the internal investigation and the issuance of an order to apply a disciplinary sanction to the perpetrators, the employees must be asked for an explanation. This is provided for by the norms of Article 193 of the Labor Code of the Russian Federation and confirmed by the position of the Supreme Court of the Russian Federation (paragraph 47 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2). The form of such an explanation can be arbitrary, since it is not regulated by labor legislation. It is better to request an explanation in writing. This is especially necessary if the situation is of a conflict nature and the chances of getting an explanation are not great. The request must be handed over to the employee against signature. If he refuses to sign, an appropriate act is drawn up. However, if the employee refuses to give explanations on the basis of Article 51 of the Constitution of the Russian Federation, which states that a person is not obliged to testify in relation to himself or his relatives, directly in the text of the explanatory note, such an act may not be drawn up.

The employee has 2 working days from the receipt of the request to issue an explanatory note. If the explanation is provided as such, it is necessary to draw up another act - on the refusal to give explanations. It must be signed by the chairman of the commission and several of its members (at least 2 people). After the investigation is completed, the explanatory note itself or a document indicating that an explanation was requested from the employee may serve as the basis for the application of disciplinary measures against the guilty persons, up to and including dismissal.

Terms of internal investigation and commission meeting

After the commission collects and summarizes all the information, it must hold a meeting. On it, authorized persons will report:

• whether there was a violation (causing damage) and what it consisted of;
• the circumstances, time and place of the incident;
• the consequences of the violation and the amount of damage caused;
• reasons for the misconduct;
• the degree of guilt of each of the accused in the incident;
• mitigating and aggravating circumstances.

The terms for conducting an internal investigation under the Labor Code (Article 193 of the Labor Code of the Russian Federation) are 1 month from the discovery of the fact of the event that caused it. Usually the deadline is written in the order itself. It should be noted that there is a statute of limitations for holding an employee liable, which does not include:

• time of illness of the employee;
• the time the employee is on vacation;
• the time required to take into account the opinion of the trade union or other representative body of workers.

But in total it can be no more than six months. After this period, it will no longer be possible to prosecute. According to the results of an audit, audit of financial and economic activities or an audit, such a period is no more than two years from the date of commission or discovery of a misconduct. These terms do not include the period of proceedings in a criminal case (if it was opened).

Sample act on the conduct of an internal investigation: how to draw up

The results of the commission's work should be reflected in a special act summing up the results of the investigation. In particular, it should be clear from this document:

• guilty actions committed by the employee;
• circumstances of such actions;
• the type and amount of damage caused;
• degree of fault of the employee;
• possible punishment for the perpetrator;
• suggestions to prevent similar situations in the future.

The act must be signed by all members of the commission. If one of the members of the commission has a dissenting opinion about what happened, he cannot refuse to sign the act. However, he has the right to draw up a separate document outlining his position and attach it to the materials.

If, in order to establish the volume and amount of material damage caused, an inventory was carried out, its inventory should be attached to the documents of the internal investigation. Documents of third-party institutions and organizations related to the case (court decisions, acts of verification protocols, etc.) can also be attached to the act and referred to in the text.

A sample of the conclusion of an internal investigation should look like this:

The employee, in respect of whom an internal investigation was carried out, must be familiarized with all the results in relation to him under his signature. If the investigation was conducted in relation to several persons, they must be acquainted with the materials separately, taking into account the protection of personal data.

In modern Russia, conflict situations often arise in the relationship between the employer and the employee. Many fail to get out of them without compromising their well-being and financial condition due to a lack of legal knowledge.

Internal litigation is an integral aspect of any citizen who has been working long enough in one place. Some employers seek to benefit for themselves from conflict situations, using all sorts of loopholes and shortcomings in the law.

Today's article will help to avoid illegal actions on the part of the manager and minimize the damage from them.

What is an internal trial?

Any organization that includes a staff of two or three people may be faced with a situation in which it is necessary to carry out an internal investigation.

The parties need to act lawfully during this process. The need for it arises when a misconduct of one of the staff members is detected.

An investigation is a set of methods for collecting, checking and analyzing information data about the action in question. The information and materials provided about the illegal action are obligatory, since only with their help it will be possible to find out the true details of its implementation.

There is no precise definition of the term internal investigation in the Labor Code. In practice, the phrase implies a method formed by law to bring the guilty person to disciplinary responsibility.

There may be no penalty for refusing to comply with the established procedure if the manager decides to do so.

According to Article 189 of the Labor Code of the Russian Federation, it is called strict adherence to established standards of conduct, which are established by the legislative framework or labor agreements. Local agreements can also regulate the activities of the working staff.

A misdemeanor is a deviation or neglect of the established rules without significant reasons.

The conclusion implies the acquisition by the acting parties of the rights and obligations regulated in Articles 21 and 22 of the Labor Code. The leader and the subordinate are obliged to act in accordance with the previously agreed norms.

Therefore, the first has the right to apply disciplinary punishment to the second if the fact of violation of the documentary agreement is established.

For its implementation, it is necessary to highlight the fact of the commission of the act, presenting a complete evidence base. Official investigation is to find her.

Where does an investigation start?

There is no investigation without reason.

It is advisable to start an internal trial if it is necessary to recover money from an employee to pay off the damage caused. The prevailing goal of the procedure is to determine the causes of its formation.

Having found out the factors that caused the misconduct, the administrative staff will be able to carry out a wide range of preventive measures to eliminate them. The organization's policy will also be adjusted, which will help to avoid repeated violations of labor agreements.

An internal investigation is a labor-intensive measure, therefore, its conduct is justified in case of significant violations.

Often, the authorities are limited to a preventive conversation with the offender, which is an effective measure. Strict ways of suppression are used if significant material damage to the enterprise is revealed or the fact of using the status of an employee for personal selfish motives is established.

The assembled commission checks all deviations from the disciplinary agreements. They have the following wording:

1. Evasion from testing knowledge on labor protection and safety;
2. Avoidance of medical examination;
3. Evasion from the implementation of specialized training during the working day;
4. Refusal to conclude an agreement on liability. It is checked if it is included in the list of the person's main job duties.

Members of the current commission are allowed to interrogate the perpetrators and persons who have become direct witnesses of the offense. This procedure is voluntary, and coercion by the head is not legal.

The passage of a polygraph and a search of the workplace is not allowed without obtaining the consent of the employee.

Who is involved in the litigation

In most cases, the main actors in internal proceedings are the security service and the internal audit department.

If the organization provides for a small staff, then the procedure may be limited to the involvement of a personnel agent. It is also allowed to involve other specialties to conduct a legitimate investigation. For example, lawyers and accountants.

The immediate supervisor of the employee who has become the subject of the proceedings is obliged to take part in the investigation. However, obtaining an objective evidence base does not require his direct participation in the review board.

The commission may include members of the professional committee, personnel management and security services.

The minimum number of the inspection body is three employees. The head of security should lead it.

Dates

A disciplinary offense has an expiration date.

According to the current legislation, the investigation of offenses by officials is carried out within thirty days. During this time, a final decision must be made or a document confirming the implementation of an internal audit must be issued.

In some cases, the initiator of the proceedings is the employee providing the memo. Then the investigation must be completed no later than one month from the date of receipt of the documents.

This period is not allowed to include the period the employee is on mandatory leave or on. Time to record data from a representative unit is also excluded.

The maximum amount of preparatory procedures is six months. A disciplinary offense cannot be considered six months after its actual commission and loses its legal force.

The specialist is obliged to provide a written explanatory note. It is drawn up within two days from the date of receipt of the notification message. If the explanation is not received by the commission within the prescribed period, then it has the right to draw up an act of refusal to assist.

After the discovery of an offense, an act is issued confirming the implementation of an internal investigation. It is confirmed by the chief's autograph and is published within 24 hours.

It should be composed of professionals who are not interested in the proceedings and will treat the participants with an open mind.

During the final stage of verification activities, the results are reported to the boss. The following aspects are indicated:

• a set of conditions and reasons that led to the commission of an offense;
• a list of the perpetrators and the nature of the damage caused;
• possible measures to prevent similar cases in the future and penalties for delinquent employees.

Procedure

An explanation is required from the employee.

• collection of the inspection commission, the composition of which is indicated in the issued order act. It is forbidden to include a leader who makes the final decision of the investigation;
• commission action. The work consists in establishing a specific person who violated the labor agreement, the nature and extent of the damage caused, the list of factors that led to the conflict, punishing the guilty employees and creating preventive procedures that prevent such actions in the future;
• the person who directly committed the offense provides an explanatory note. It is also collected from employees suspected of aiding or participating;
• collection of documentation necessary for a reliable investigation. will be the only document if the offense is simple;
• formulation of the results of the investigation and their inclusion in the act. The document should include a description of the fact of the offense, the time spent and the reasons for the implementation of the act in question.

In the resolutive component, the perpetrators and the accompanying circumstances are indicated.

The commission and the management of the enterprise sign the drawn up document, confirming the accuracy of the information presented in it.

Registration of the results of the investigation

The act contains certain information.

The act drawn up as a result of the procedure should include the following items, supported by the information collected:

1. Introductory part. Includes the fact of the offense, the date and time of the commission, the duration of the verification work and the list of employees who are part of the commission;
2. Description. Consists of collected evidence;
3. Summary. Includes a list of employees whose fault was established, the fact that they committed an offense and a list of penalties that were not removed before the start of the proceedings.

A package of documents used in the investigation acts as an annex to the act. An appropriate serial number is issued to it, including the date of the final decision.

All involved material evidence is entered and filed in the appropriate folder. In order to avoid substitution of the results of the examination, an inventory of papers is carried out.

Having received a full result, the head is obliged to make a decision regarding the offender. elected in accordance with the provisions of the Labor Code.

Depending on the severity of the deed, a remark, a severe reprimand or dismissal from the organization is selected, based on the evidence received.

After the audit is completed, an order is issued, which indicates the final decision of the senior staff on the application of penalties. It also lists the persons whose guilt has been established, the grounds for the investigation and the penalties imposed. One penalty is provided for one disciplinary offense.

Internal litigation is an integral aspect of the activities of large enterprises. It avoids avoiding disciplinary responsibility.

It can also be used to establish a complete list of persons who took direct and indirect part in the offense. The damage is calculated, which is recovered from the perpetrators, which makes it possible to exclude its coverage by funds from the budget of the organization.

The procedure requires compliance with a large number of legal regulations and the presence of experts.

From this video you will learn about the discipline of work.

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