Before use disciplinary action the employer must require a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

Disciplinary action, with the exception of disciplinary action for failure to comply with restrictions and prohibitions, failure to fulfill obligations established by law Russian Federation on anti-corruption, cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or audit - later than two years from the date of its commission. Disciplinary sanctions for non-compliance with restrictions and prohibitions, failure to fulfill obligations established by the legislation of the Russian Federation on combating corruption, cannot be applied later than three years from the date of the commission of the offense. IN specified deadlines The time of criminal proceedings is not included.

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

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

Commentary to Art. 193 Labor Code of the Russian Federation

1. When applying disciplinary sanctions, it is mandatory to simultaneously comply with the deadlines (from the day the offense was discovered and from the day it was committed), take into account the circumstances under which the offense was committed, the degree of its severity, and the employee’s previous behavior.

2. It is unacceptable to simultaneously apply several disciplinary sanctions to an employee for one disciplinary offense.

3. In case of harm to the employer material damage it is possible to involve the employee simultaneously in both disciplinary and financial liability(see commentary to Chapter 39 of the Labor Code of the Russian Federation).

4. If the employer refuses to familiarize himself with the order (instruction) on the application of a disciplinary sanction against signature, he draws up a corresponding act.

5. Disciplinary sanctions are imposed by the head of the organization or other officials who are granted such a right by the organization’s statutory documents.

6. Disciplinary measures should be distinguished from disciplinary measures (deprivation of bonus in whole or in part, reduction in the amount or non-payment of remuneration based on the results of work for the year - the so-called 13th salary - etc.) established in local regulations.

Second commentary to Article 193 of the Labor Code

1. In accordance with Part 1 of the commented article, before applying a disciplinary sanction, the employee must be required to provide a written explanation of the reasons for the misconduct. The employee is obliged to give an explanation within two working days, but if one is not provided, a corresponding report is drawn up. Failure to provide an explanation is not an obstacle to disciplinary action. Requiring the employee to provide an explanation is one of the guarantees that the imposition of a penalty will be lawful.

The absence of an explanation must be confirmed by a corresponding act on the employee’s refusal to provide an explanation.

The employer has the right to involve employees in disciplinary liability(see article 22 and commentary thereto). On behalf of the employer - legal entity(organization) the manager has this right. He can delegate this right to another person, for example, one of his deputies, heads of a branch, representative office, etc. This applies to reprimands and reprimands. As for dismissal as a disciplinary measure, this right is granted to those persons who have the right to hire and fire.

2. The day when a disciplinary offense was discovered is considered to be the day when official, to whom the employee is subordinate, became aware of the misconduct, regardless of whether this person has the right to impose penalties or not. The monthly period for imposing a penalty does not count the time the employee is ill or on vacation (regular, educational, paid or without pay). Absence from work for other reasons does not interrupt the specified period. However, in practice, the time of absenteeism, when the employee may not have known about the imposition of a penalty, is usually not included in this monthly period, and the latter begins to be calculated from the moment the employee returns to work.

But in any case, a penalty cannot be imposed after six months from the date of the commission of the offense, regardless of the time of its discovery. The exception is misconduct that was discovered as a result of audits and inspections of financial and economic activities or an audit. In this case, the period is extended to two years from the date of commission of the offense. The specified time limits do not include the time of criminal proceedings.

3. Part 5 Art. 193 of the Labor Code of the Russian Federation does not allow the application of several disciplinary sanctions for one offense. However, if an employee causes damage, a combination of disciplinary and material sanctions is possible, since disciplinary and material liability have different intended purpose and can be combined.

The same rule also applies to so-called continuing offenses, when an unlawful action (inaction) continues despite the application of a penalty. Here it is also possible to repeat the sanction for non-compliance labor responsibilities until the offense is terminated.

4. If an employee is dismissed under sub. "d" clause 6 of Art. 81 of the Code, the monthly period in this case will be calculated from the date of entry into force of the court verdict, which established the employee’s guilt in committing the theft of someone else’s property (including small property) at the place of work, embezzlement, intentional destruction or damage to property, or a resolution of the body, authorized to apply administrative penalties.

5. The imposition of a disciplinary sanction on a guilty employee does not prevent him from being held financially liable for damage caused to the employer (see Article 238 and the commentary thereto).

6. B work book employee information about the imposition of penalties is not entered. They are not entered into the employee’s personal card (unified form N T-2, approved by Resolution of the State Statistics Committee of Russia dated April 6, 2001 N 26). The exception is the dismissal of an employee as a disciplinary sanction.

7. An order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If he refuses to sign, a corresponding act is drawn up and signed by the persons attesting to this fact.

8. The Labor Code of the Russian Federation has established additional guarantees for certain categories of workers when imposing disciplinary sanctions. Yes, Art. 374 of the Labor Code of the Russian Federation establishes additional guarantees for employees who are members of elected trade union collective bodies and are not exempt from their main job. And in Art. 376 of the Labor Code of the Russian Federation provides guarantees for employees who were previously members of an elected trade union body.

In addition, guarantees have been established for workers participating in a strike, with the exception of cases of failure by them to fulfill their obligation to end the strike in accordance with Part 6 of Art. 413 of the Labor Code of the Russian Federation (see Art. 414 and commentary thereto).

9. The imposed disciplinary sanction can be appealed by the employee to the bodies for consideration of individual disputes (the labor dispute commission and the court) or to the state labor inspectorate.

10. The body considering the employee’s labor dispute about the illegality of the imposed penalty may cancel it if it finds that it, in particular, does not correspond to the gravity of the offense committed. However, he has no right to replace it with another. In this case, the administration may apply another penalty, but only in compliance with the deadlines specified in parts 3 and 4 of Art. 193 Labor Code of the Russian Federation.

Article 193. Procedure for applying disciplinary sanctions

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction, with the exception of a disciplinary sanction for non-compliance with restrictions and prohibitions, failure to fulfill obligations established by the legislation of the Russian Federation on anti-corruption, cannot be applied later than six months from the date of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. Disciplinary sanctions for non-compliance with restrictions and prohibitions, failure to fulfill obligations established by the legislation of the Russian Federation on combating corruption, cannot be applied later than three years from the date of the commission of the offense. The specified time limits do not include the time of criminal proceedings.

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

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

For the purpose of applying Part 1 of Art. 193 of the Labor Code of the Russian Federation, two “working days” should be understood as working days specific employee(according to work schedule). The period for submitting written explanations is subject to calculation in working days starting from the next day after the employee is notified of the need to give explanations.

An act of failure to provide explanations regarding the fact of a disciplinary act can be drawn up on any day after the expiration of the period established for giving explanations, regardless of whether this day is a working day for the employee or not.

The procedure for applying disciplinary sanctions is established by Art. 193 Labor Code of the Russian Federation. In accordance with Part 1 of Art. 193 of the Labor Code of the Russian Federation, before applying a disciplinary sanction, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Note that the duration daily work(shifts), start and end times of work, number of shifts per day, alternation of working and non-working days are elements of the working time regime and are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, and for employees whose working hours differ from general rules established by a given employer - an employment contract (Article 100 of the Labor Code of the Russian Federation).

Working hours in accordance with Part 1 of Art. 91 of the Labor Code of the Russian Federation recognizes the time during which the employee, in accordance with the internal labor regulations and conditions employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation relate to working time.

Thus, the working time regime establishes the periods during which the employer has the right to require the employee to perform labor duties, and the periods during which the employee is free from performing labor duties. It appears that for the purposes of applying Part 1 of Art. 193 of the Labor Code of the Russian Federation, “working days” should be understood as the working days of a particular employee. Therefore, in the situation under consideration, the employee has the right to submit an explanatory statement within two working days according to his work schedule. In this case, the period for submitting written explanations is subject to calculation in working days starting from the next day after the employee is notified of the need to give explanations (rulings of the Moscow City Court dated 02/04/2011 in case No. 33-2371, dated 07/06/2010 in case No. 33-19977, and also the decision of the Pravoberezhny District Court of Magnitogorsk dated 02/01/2013 in case No. 2-276/2013). As follows from the question, the employee works on a “every three days” schedule. If the employee’s working days are, for example, March 14, 18, 22, and the employee received notification of the need to give explanations on March 14, then the last (second) day for him to submit written explanations is March 22. If written explanations are not provided by the employee within the specified period, then already on March 23 the employer has the right to draw up a corresponding act.

The law does not establish a requirement that such an act must be drawn up in the presence of the employee or on his working days. Therefore, an act of failure to provide explanations can be drawn up on any day after the expiration of the period established for giving explanations, regardless of whether this day is a working day for the employee or not. It is advisable to draw up the report with the involvement of witnesses who were aware of the fact that the employee was contacted with a request to provide an explanation and that the employee did not provide an explanation after two working days.

As established in Part 2 of Art. 193 of the Labor Code of the Russian Federation, failure by an employee to provide an explanation is not an obstacle to applying a disciplinary sanction. Accordingly, on the day the act of failure to provide explanations is drawn up, an order may be issued to impose a disciplinary sanction on the employee (of course, if time is not required to investigate the circumstances of the misconduct).

Indeed, the employer can apply a disciplinary sanction to an employee no later than one month from the date of discovery of the misconduct, not counting the time the employee is ill, on vacation, as well as the time required to take into account the opinion of the representative body of employees (Part 3 of Article 193 of the Labor Code of the Russian Federation ). In this case, vacation that interrupts the flow of a month should include all vacations provided by the employer in accordance with current legislation, including annual (main and additional) vacations, vacations in connection with training educational institutions, leave without saving wages. An employee’s absence from work for other reasons, including in connection with the use of rest days (time off), regardless of their duration (for example, when shift method organization of work) does not interrupt the specified period (clause 34 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2 “On the application by courts of the Russian Federation Labor Code Russian Federation").

FYI

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The deadline for requesting a written explanation from an employee is not established by law. Therefore, the employer can request such an explanation after discovery of the misconduct in non-working days. The law does not establish a list of ways in which an employer can request a written explanation (at a personal meeting, which does not necessarily have to take place at the place of work, or by sending a letter or telegram). Therefore, the employer has the right to use any method convenient for him, if it allows him to subsequently confirm the fact that the employee received such a request (appeal ruling of the Moscow City Court dated November 6, 2012 No. 11-24872). If a request for explanations is sent, for example, by telegram, two working days are counted from the date of its receipt by the employee; in this case, it is necessary to have evidence that the employee received the telegram (the employee’s personal signature must appear on the receipt notification).

Article 193. Procedure for applying disciplinary sanctions

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction, with the exception of a disciplinary sanction for non-compliance with restrictions and prohibitions, failure to fulfill obligations established by the legislation of the Russian Federation on anti-corruption, cannot be applied later than six months from the date of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. Disciplinary sanctions for non-compliance with restrictions and prohibitions, failure to fulfill obligations established by the legislation of the Russian Federation on combating corruption, cannot be applied later than three years from the date of the commission of the offense. The specified time limits do not include the time of criminal proceedings.

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

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All Seeing Eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Passage of time

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice—the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for an outside view.

It is also possible that these hypotheses can be combined in one proportion or another.