The concept of labor discipline. General provisions on labor discipline. Discipline: Features of labor regulation of certain categories of workers Labor discipline general provisions

Labor discipline is a necessary condition for all common work, for all joint labour. Joint work needs a certain order, the subordination of all those who work together to this discipline, order. Labor discipline existed in a society that did not know the state organization and legal regulation public relations.

The discipline of labor is the subject of study of various sciences: psychology, sociology, economics, and a number of others. However, we are more interested in labor discipline as a legal category.

In the legal literature and in labor legislation, the term "labor discipline" is used in an objective and subjective sense.

In an objective sense, labor discipline is understood as a set of legal norms that establish the maintenance of a certain legal order in an organization.

AT subjective sense, labor discipline is understood as the level of compliance by employees with their specific duties in accordance with the concluded employment contract.

One of the basic principles labor law - ensuring the fulfillment of labor obligations of the parties to the employment contract (Article 2 of the Labor Code). This principle was discussed in Chap. 3 of this textbook. The employer and his administration are obliged to ensure compliance with labor discipline in the organization. This principle is concretized in three other aspects of labor discipline. In the literature, labor discipline is called labor discipline - these are synonyms.

element of labor legal relations. In Art. 21 of the Labor Code establishes the obligation of the employee to comply with labor discipline and the internal labor regulations of the organization. And the employer, in accordance with Art. 22 of the Labor Code is obliged to comply with laws and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and employment contracts. This aspect of labor discipline was analyzed earlier in the presentation of the rules of law relating to the labor law of the relationship and the employment contract. According to this element, we distinguished them from related civil contracts and legal relations related to labor (author's, inventive, personal contracts, etc.). Therefore, we no longer dwell on these two aspects of labor discipline. We only emphasize that they reflect one of the main duties of the employee, provided for in Art. 21 TK. This general duty of all employees, arising from labor relations, is supplemented for each individual by his functional duties for a specific position, work, labor function provided by the job description, regulation, qualification handbook.

One of the institutions of labor law- a system of norms governing the internal labor schedule of the organization, the duties of the employee and the employer (his administration), which also establishes incentives for conscientious work, success in work and disciplinary liability for violation of labor discipline.

As actual behavior, i.e. the level of observance by everyone in the workplace of labor discipline. This level can be: high - if all participants labor process observe labor discipline; medium - if some of them have certain deviations, violations; low - if there are frequent, massive violations of internal labor regulations by employees.

Labor discipline is ensured by the creation of the necessary organizational and economic conditions for normal high performance operation. The creation of normal and safe working conditions is the responsibility of the employer.

For the first time in labor law given a legal definition of labor discipline. So, in Art. 189 of the Labor Code stipulates that labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the Code, other laws, a collective agreement, agreements, an employment contract, and local regulations of an organization.

technological discipline employees is to comply with the technical rules in production - this is part of their labor discipline. Violation of technological discipline by an employee is a production omission and gives grounds, along with bringing the perpetrator to disciplinary responsibility, for the complete or partial deprivation of his bonus.

Production discipline means order in production. In its content, it embraces labor discipline and goes beyond it. In addition to labor, production discipline includes ensuring the smooth and rhythmic work of the organization, providing workers with raw materials, tools, materials, work without downtime, etc. Employees are responsible for observing not all production discipline, but only part of it, consisting in the implementation of their job duties. The employer is responsible for ensuring production discipline in full.

Importance of labor discipline exceptionally large for highly productive joint work, for order in production. Specifically, this is expressed in the fact that labor discipline:

allows each employee to work with full dedication. This has a beneficial effect on the manifestation of initiative in work, when the employee is confident in the labor discipline not only of his own, but of the entire team;

ensures highly productive work of each individual employee and the entire team of employees;

promotes work without marriage, improving the quality of products, services of this production;

promotes order in production, the fulfillment by all employees and production sites of the tasks assigned to them by the employer, the administration.

Methods for ensuring labor discipline enshrined in an independent article of the Labor Code. However, the content of a number of other articles gives grounds for highlighting the following methods of ensuring labor discipline:

creation of the necessary organizational and economic conditions for normal work. The employer is obliged to clearly fulfill the obligations assigned to him by labor legislation to comply with labor discipline. In this situation, there will be no grounds for violations of labor discipline. At the same time, due to the economic crisis, many industries lack normal conditions labor due to lack of materials, energy carriers, etc. And in connection with frequent downtime forced long vacations, the level of labor discipline is also significantly reduced. At the same time, the threat of mass unemployment makes the worker value his job more and observe labor discipline. In these two opposite tendencies to ensure the actual level of labor discipline, unfortunately, the first one prevails when normal working conditions are not provided;

method of conscious attitude to work. The vast majority of employees understand the need for the discipline of joint labor and voluntarily comply with it, knowing that this is their duty under an employment contract;

method of persuasion, education, encouragement for conscientious work, success in work, which will be discussed in more detail in § 3 of this chapter.

Therefore, the creation necessary conditions for highly productive work, education, persuasion, encouragement are the main legal methods in our society for strengthening labor discipline;

4) in relation to individual unscrupulous employees, the method of coercion is used, which is expressed in the application of measures of disciplinary and social influence to violators of labor discipline.

1. Labor discipline is an established procedure, without maintaining which it is impossible to ensure coordinated activities in the process of joint work of employees of an organization (part 1 of article 189 of the Labor Code of the Russian Federation). Labor discipline requires employees to properly fulfill their labor duties, enshrined in Art. 21 of the Labor Code, other federal laws and other regulatory legal acts containing labor law norms (see article 5 and comments to it).

2. The rules of conduct for employees during joint activities are determined by the collective agreement, agreements, as well as local regulations adopted by the employer (within its competence) in the manner prescribed by Art. 8 TK. to local regulations include: internal labor regulations, job descriptions, shift schedules, etc.

3. The labor contract concluded with them serves as a regulator of the behavior of employees. A specific feature of an employment contract that distinguishes it from civil law contracts (contracts of work, assignments, paid services, etc.) is the subordination of the employee to the internal labor regulations established in the organization (observance of working hours, technological discipline, timely execution of orders and instructions employer, etc.).

in number essential conditions that make up the content of the employment contract, the rights and obligations of the employee, the regime of work and rest, if it is in relation to this employee differs from general rules established in the organization (see article 57 and comments to it).

4. Part 2 of Article 189 of the Labor Code of the Russian Federation states that labor discipline is ensured by the creation of the necessary organizational and economic conditions for normal high-performance work. So, the employer is obliged to provide work stipulated by the employment contract; ensure labor safety and conditions that meet the requirements of labor protection and hygiene; provide workers with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; pay wages on time; take care of the everyday needs of employees related to the performance of their labor duties. With a clear fulfillment by the employer of his duties in organizing the work and life of employees (Article 22 of the Labor Code), there are no grounds for violations of labor discipline in the organization.

5. The internal labor regulations establish: the procedure for hiring and dismissing employees, the obligations of the employee and the employer, the working hours of the organization, incentives for work and liability for violations of labor discipline.

The duties of employees are formulated in the internal labor regulations in accordance with the provisions of Art. 21 (see commentary to it) in relation to the specific conditions of this organization.

For the obligations of the employer, see comment. to Art. 22.

The law does not establish any special requirements for the content of internal regulations. In each case, it is determined at the discretion of the organization itself. When developing internal labor regulations in an organization, the Model internal labor regulations for workers and employees of enterprises, institutions, organizations, approved by Decree of the State Committee for Labor of the USSR in agreement with the All-Union Central Council of Trade Unions of July 20, 1984 (Bulletin of the State Committee for Labor of the USSR. 1984. No. 11).

6. Along with the internal labor regulations, in some sectors of the economy there are charters and regulations on discipline that provide for increased requirements for certain categories of workers in these sectors (part 5 of article 189 of the Labor Code of the Russian Federation).

The need to impose higher requirements on them is due to the fact that violation of the established rules by them can lead to serious consequences. So, in the Regulations on the discipline of railway workers Russian Federation, approved Decree of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP RF. 1992. N 9. Art. 608), it is noted that it defines special conditions for observing discipline by railway workers, since its violation poses a threat to life and health of people, traffic safety trains and shunting work, the safety of transported goods, luggage and entrusted property, and also leads to non-fulfillment of contractual obligations.

The named Regulation applies to all employees of railway transport organizations, regardless of their organizational and legal forms and forms of ownership. The exception is the categories of employees directly listed in the Regulations. These are employees of housing and communal services and consumer services, workers' supply systems, Catering in railway transport (except for employees of restaurant cars), medical and sanitary, educational institutions, etc. (clauses 1 - 3 of the Regulations).

In the Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy, approved. Decree of the Government of the Russian Federation of July 10, 1998 N 744 (SZ RF. 1998. N 29. Art. 3557) provides that the Charter establishes the duties of employees of relevant organizations in order to ensure the safety of nuclear hazardous facilities and prevent unauthorized actions in relation to nuclear materials, nuclear installations and storage facilities for nuclear materials and radioactive substances, storage facilities for radioactive waste.

The Charter applies to employees of organizations, the list of which is approved by the Government of the Russian Federation, as well as to employees of operating organizations that directly ensure the safety of nuclear facilities. Lists of positions (professions) of employees of organizations covered by the said Charter are developed and approved by the relevant federal authorities executive power.

Regarding employees customs service the Disciplinary Charter of the Customs Service of the Russian Federation is in force, approved. Decree of the President of the Russian Federation of November 16, 1998 N 1396 (SZ RF. 1998. N 47. Art. 5742).

7. When applying Article 189 of the Labor Code of the Russian Federation, it should be taken into account that the regulations and charters on discipline are mandatory for all employees who fall under their action. Employers are not entitled to make any changes or additions to them. Certain features relating to the labor schedule of employees subject to regulations and charters on discipline may be provided for in the internal labor regulations of organizations, but they should not contradict the regulations and charters on discipline.

Depending on the level of legal regulation of disciplinary liability, general and special disciplinary liability can be distinguished (differences depending on the sources of legal regulation).

According to the Labor Code of the Russian Federation - federal laws, charters and regulations on discipline for certain categories of workers may provide special provisions about labor discipline. We are talking about special disciplinary responsibility, which differs from general responsibility:

1) the circle of persons to whom it applies;

2) a broader concept of disciplinary (official) misconduct;

3) penalties;

4) determining the scope of disciplinary power of various officials;

5) the procedure for applying disciplinary sanctions.

On the basis of special provisions, disciplinary responsibility is borne by judges, prosecutors, investigators, employees customs authorities, employees of organizations with especially dangerous production in the field of the use of atomic energy, etc.

The general disciplinary liability specified in the Labor Code of the Russian Federation applies to all employees, except for those for whom special liability is established, which is established by federal laws containing labor law norms, charters and discipline regulations for certain categories of employees.

Charters and regulations on discipline operate in those sectors of the economy where there are increased requirements for compliance with labor discipline and its violation can lead to extremely serious consequences. In contrast to the Internal Labor Regulations, the charters and regulations on discipline may establish additional (compared to Article 192 of the Labor Code of the Russian Federation) types of disciplinary sanctions. In addition, the charters and regulations on the discipline of employees of individual industries may provide for additional types incentives applied for conscientious performance of labor duties.

The following Disciplinary Statutes and Regulations on Discipline currently apply:

Regulations on the discipline of employees of the railway transport of the Russian Federation, approved by Decree of the Government of the Russian Federation of August 25, 1992 N 621 "On approval of the Regulations on the discipline of employees of the railway transport of the Russian Federation". Decree of the Government of the Russian Federation of October 11, 1993 N 1032 "On the extension of the Regulations on the discipline of railway transport workers of the Russian Federation, approved by Decree of the Government of the Russian Federation of August 25, 1992 N 621, to metro workers";

The Disciplinary Regulations for Militarized Mine Rescue Units in Transport Construction, approved by Decree of the Government of the Russian Federation of July 30, 1994 N 879 "On Approval of the Disciplinary Regulations for Militarized Mine Rescue Units in Transport Construction";

Disciplinary charter of militarized mine rescue units for maintenance mining enterprises metallurgical industry, approved by Decree of the Government of the Russian Federation of January 16, 1995 N 47 "On paramilitary mine rescue units for servicing mining enterprises of the metallurgical industry and the Disciplinary Charter of paramilitary mine rescue units for servicing mining enterprises of the metallurgical industry";

the Disciplinary Charter of the Customs Service of the Russian Federation, approved by Decree of the President of the Russian Federation of November 16, 1998 N 1396 "On Approval of the Disciplinary Charter of the Customs Service of the Russian Federation" (Appendix N 31);

Charter on the discipline of employees of organizations with especially hazardous production in the field of atomic energy use, approved by Decree of the Government of the Russian Federation of July 10, 1998 N 744 "On approval of the Charter on discipline of employees of organizations with especially dangerous production in the field of atomic energy use";

Charter on employee discipline maritime transport, approved by Decree of the Government of the Russian Federation of May 23, 2000 N 395 "On Approval of the Charter on the Discipline of Maritime Transport Workers";

New edition Art. 189 Labor Code of the Russian Federation

Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract.

The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, to create the conditions necessary for employees to comply with labor discipline.

The labor schedule is determined by the internal labor regulations.

Internal labor regulations - a local normative act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and as well as other regulatory issues labor relations from this employer.

Commentary on Article 189 of the Labor Code of the Russian Federation

Article 189 of the Labor Code of the Russian Federation defines labor discipline and internal labor regulations. According to this article, discipline is obligatory obedience for all employees to the rules of conduct defined in accordance with the labor legislation of our country. The internal labor regulations are a local regulatory act that regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours and rest periods, incentives and penalties for personnel, as well as other issues of regulating labor relations in a particular company. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

Another commentary on Art. 189 of the Labor Code of the Russian Federation

1. The concept of labor discipline, formulated in the commented article, as a whole reflects the essence of the employee's obligation to fulfill certain rules behavior at work. The content of labor discipline is the subordination of the employee to the provisions of labor legislation, the terms of the employment contract and the orders of the employer based on them. In the very general view the duties of the employee are defined in the provisions of Part 2 of Art. 21 of the Labor Code of the Russian Federation (see commentary). The very essence of labor relations determines the obligation of the employee to fulfill the orders of the employer as the owner of the means of production.

2. Labor discipline includes the mutual rights and obligations of the employer and employee. The employer is obliged to create appropriate conditions for the observance of labor discipline: the organization must have a system of local regulations containing instructions on the rules of behavior for employees in the labor process. This system of acts includes job descriptions, qualification characteristics employees, shift schedules, vacation schedule, etc. The most important of the local regulations in terms of focusing on ensuring labor discipline are the internal labor regulations. In terms of their significance and place in the regulation of labor relations, they are comparable with the collective agreement. All other local regulations can serve as annexes to these two acts, which form the basis of local legal regulation.

3. The internal labor regulations should include rules on the procedure for hiring, indicating which of officials the employer has the right to approve and sign the employment contract, which documents, depending on the position or work performed, must be submitted when applying for a job (see article 65 of the Labor Code of the Russian Federation and commentary thereto).

4. The internal labor regulations should fix the procedure for dismissal of employees, which determines the procedure for filing an application for dismissal at the initiative of the employee, the procedure for signing a bypass sheet (if any), handing over material assets in the use of the employee, etc. Particularly detailed in the rules of the internal labor regulations should regulate the application of incentive measures to employees and disciplinary action(see Art. 191, to them).

5. Fixing the rights and obligations of the employer and employee in the internal labor regulations is based on the provisions of Art. Art. 21 and 22 of the Labor Code of the Russian Federation (see comment), and no more detailed specification is carried out.

6. The internal labor regulations must contain norms on the mode of operation of the organization: the beginning of work and its completion; break times at work. In multi-shift work, it is advisable to draw up shift schedules as independent acts or attach them to the internal labor regulations (see article 103 of the Labor Code of the Russian Federation and commentary thereto).

7. Maintaining and strengthening labor discipline is facilitated by the extremely clear consolidation of the provisions on rest time. Local norms on the duration of basic and additional holidays for groups of workers should be fixed in the collective agreement, and on the beginning and duration of breaks during the working day - in the internal labor regulations.

8. Recently, in addition to the internal labor regulations, such local regulations as the rules of conduct for employees of a particular organization have become widespread, where corporate rules are fixed, which are more of an ethical nature than a legal one. These include rules regarding the appearance of workers, their clothes, the order of communication between workers and with visitors (clients, patients, etc.). In this case, in the internal labor regulations, blanket norms are formulated that refer to the named local acts.

9. In organizations of certain sectors of the economy, along with the internal labor regulations, charters and regulations on the discipline of employees are in force. The presence of these acts is due to the special complexity of the work of workers in these industries and the increased requirements for their observance of labor discipline. For example, non-observance of labor discipline by railway or maritime transport workers under certain circumstances can cause serious man-made accidents. Therefore, along with the disciplinary measures established by Labor Code, some additional measures may be applied to employees of these industries, provided for by the charters and regulations on discipline (see Article 192 of the Labor Code of the Russian Federation and commentary thereto). But at the same time, the charters and regulations on the discipline of workers in certain industries provide for additional types of incentives that can be applied for conscientious performance of labor duties (see Article 191 of the Labor Code of the Russian Federation and commentary thereto).

10. The following disciplinary statutes, statutes and discipline regulations are currently in force:

Regulations on the discipline of employees of the railway transport of the Russian Federation, approved by Decree of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP RF. 1992. N 9. Art. 608). In accordance with Decree of the Government of the Russian Federation of October 11, 1993 N 1032 (SAPP RF. 1993. N 42. Art. 4008), this Regulation is extended to regulate the labor of metro workers;

Disciplinary charter of militarized mine rescue units in transport construction, approved by Decree of the Government of the Russian Federation of July 30, 1994 N 879 (СЗ RF. 1994. N 17. St. 1979);

Disciplinary charter of militarized mine rescue units for servicing mining enterprises of the metallurgical industry, approved by Decree of the Government of the Russian Federation of January 16, 1995 N 47 (SZ RF. 1995. N 4. Art. 310);

Disciplinary Charter of the Customs Service of the Russian Federation, approved by Decree of the President of the Russian Federation of November 16, 1998 N 1396 (СЗ RF. N 47. 1998. Art. 5742);

Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy, approved by Decree of the Government of the Russian Federation of July 10, 1998 N 744 (SZ RF. 1998. N 29. Art. 3557);

Charter on the discipline of maritime transport workers, approved by Decree of the Government of the Russian Federation of May 23, 2000 N 395 (СЗ RF. 2000. N 22. Art. 2311);

Charter on the discipline of workers of the fishing fleet of the Russian Federation, approved by Decree of the Government of the Russian Federation of September 21, 2000 N 708 (SZ RF. 2000. N 40. Art. 3965);

Charter on the discipline of the crews of supply ships Navy, approved by Decree of the Government of the Russian Federation of September 22, 2000 N 715 (SZ RF. 2000. N 40. Art. 3966).

11. The statutes and regulations on discipline may not apply to all workers in the industry, but only to those whose actions may cause increased harm. Thus, the Ministry of Transport of the Russian Federation, by Order of August 25, 2000 N 89, approved the List of employees who are subject to the Charter on the discipline of maritime transport workers, including workers in key positions. On the other hand, the operation of discipline statutes may be intersectoral in nature, i.e. apply to workers employed in the same jobs, but in different industries. Ministry of General and vocational education of the Russian Federation, by Order of August 25, 1998 N 2220, the Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy was extended to a number of employees of educational institutions whose work is related to the use of atomic energy sources.

Under labor discipline understood obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, a collective agreement, agreements, an employment contract, local regulations of the organization.

The labor schedule of the organization is determined by the internal labor regulations adopted by the employer, taking into account the opinion of the representative body of employees.

The main normative acts regulating the issues of labor discipline and work schedule are: the Labor Code of the Russian Federation (section VIII, ch. 29, 30); charters and regulations on the discipline of individual sectors of the economy in accordance with federal laws; internal labor regulations or collective agreements of organizations.

The internal labor regulations include:

• - the procedure for hiring and dismissing employees;
• – basic rights and obligations of the employee;
• – basic rights and obligations of the employer;
• - working hours of the organization (start and end times, types of working hours, flexible schedule work, shift method organization of work, shift regime, days off and holidays, overtime work, duty, etc.);
• - the procedure for recording working time;
• - breaks during the working day;
• – annual leave(basic and additional);
• – holidays without saving wages;
• - incentives for success in work;
• - types of disciplinary sanctions for violation of labor discipline.

Internal labor regulations can be developed independently or be an annex to collective agreement organizations.

For a conscientious attitude to work, the employer may apply to the employee incentive measure, provided for in the internal labor regulations of the organization. Labor legislation (Article 191 of the Labor Code of the Russian Federation) contains an approximate list of incentive measures:

• - declaration of gratitude;
• - issuance of an award;
• - rewarding with a valuable gift, an honorary diploma;
• - Presentation for the title of "Best in Profession".

The internal labor regulations of the organization, as well as the charters or regulations on discipline, may provide for other incentives for employees.

At the same time, for special services to society and the state, employees can be nominated for state awards ( state prizes, awarding orders, medals), to honorary titles, etc.

Disciplinary responsibility is a type of legal responsibility of an employee for committing a disciplinary offense related to the performance of labor duties.

There are two types of disciplinary liability in labor legislation: general and special.

General disciplinary responsibility may be applied to all categories of employees in case they commit a disciplinary offense. The types of disciplinary sanctions that can be applied as a measure of general disciplinary liability are provided for in Part 1 of Art. 192 of the Labor Code of the Russian Federation. This list is closed. The organization is not entitled to apply any other measure of disciplinary sanction to employees (except in cases of special disciplinary liability).

Special disciplinary liability is provided for certain categories of employees working in certain sectors of the economy, where charters and regulations on discipline are in force, approved by decrees of the Government of the Russian Federation ( railway transport, air Transport, nuclear energy, government civil servants, customs authorities).

For committing a disciplinary offense, i.e. non-performance or improper performance by the employee due to his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

• - remark;
• - reprimand;
• - dismissal on the appropriate grounds.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.

It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

The law establishes a strict procedure for imposing disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation). So, before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If, after two working days, an explanation is not provided by the employee, the employer must draw up an appropriate act. At the same time, the refusal of the employee to give an explanation is not an obstacle to the application of a disciplinary sanction.

Violation of the specified procedure for imposing a disciplinary sanction entails its recognition as an illegal body for the consideration of labor disputes.

A disciplinary sanction may be applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, on vacation, as well as the time necessary to take into account the opinion of the employees' representative body.

At the same time, a disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance. If the employee refuses to sign the order (instruction), an appropriate act is drawn up.

The law indicates that a disciplinary sanction may be appealed by an employee to state inspections labor or bodies for the consideration of individual labor disputes.

Disciplinary action removed, if within a year from the date of its application, the employee is not subjected to a new disciplinary sanction, while he is considered not to have a disciplinary sanction.

The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.