Order penalty - how to impose and calculate?
In the event of non-compliance by the employee with the rules of occupational health and safety or the established work order, the employer may impose an order penalty on the subordinate. What is an order penalty and what are its types? How to impose it on the employee and enforce it in accordance with the regulations? Read on in the article below!
Order penalty - reasons for imposing on the employee
Ordinary penalty within the meaning of the Labor Code may be applied when an employee:
does not follow the established organization and order in the work process,
does not comply with health and safety regulations,
does not follow the accepted method of confirming arrival and presence at work,
does not comply with the rules for justifying absences,
does not comply with fire regulations,
comes to work while intoxicated or drinks alcohol while working,
leaves the workplace without justification.
Types of order penalties and notification of the employee
The employer may impose on the employee:
punishment of a reprimand,
Ordinary penalty depends on the degree of fault committed by the employee, his previous performance of duties and attitude to work.
The employer is obliged to notify the employee in writing, indicating the nature of the breach of duties and the date on which the breach was committed. In addition, the supervisor should provide information about the right to raise an objection and the date of its filing. Failure to include all the elements referred to above does not constitute a penalty notice. A refusal to accept a letter in which the employee learns that he is being punished is tantamount to a notification of the application of an order penalty. The notification of the penalty is submitted to the employee's personal file.
The procedure of applying a penalty of order
Ordinary penalty may not be applied by the employer after 2 weeks from the moment when the employer learned about the breach of employee's obligations and after 3 months from committing this breach. The superior has the right to impose an order penalty only after hearing the subordinate.
If, due to absence from the workplace, the employee cannot be heard, the two-week period does not start to run, and the one that started is suspended until the employee returns to work.
A copy of the penalty notice is removed from the employee's personal files after one year of impeccable work. The superior may do it earlier at the request of the company trade union organization or on his own initiative (Art. 113 of the Code of Civil Procedure).
Financial penalty as an order penalty
A fine as an order penalty may only be applied for the employee's failure to comply with occupational health and safety and fire regulations, due to the subordinate leaving the workplace without excuse and due to coming to work under the influence of alcohol or drinking alcohol while working.
The amount of the fine is governed by Art. 108 of the Labor Code:
Article 108 (3). A fine for one transgression and for each day of unexcused absence may not be higher than the employee's one-day salary, and the total amount of the fines may not exceed the tenth part of the employee's remuneration to be paid, after the deductions for which referred to in Art. 87 § 1 point 1-3.
In order to determine the maximum amount of the fine for one infringement, the rules for calculating the equivalent for annual leave using the holiday factor should be followed.
The basis for calculating the equivalent are:
1) remuneration components specified at a fixed monthly rate, in the amount due in the month in which they were fined,
2) variable remuneration paid to the employee in the period of 3 calendar months preceding the month of acquiring the right to the equivalent (this applies to components for periods not longer than one month) and variable remuneration paid in the period of 12 calendar months preceding the month of acquiring the right to the equivalent (this applies to components for periods not longer than one month). for periods longer than one month). When deducting financial penalties, the tax-free amount is 90% of the minimum wage, after contribution and tax deductions.
Financial penalties cannot exceed one tenth of the remuneration due to the employee to be paid.
The proceeds from the fines are allocated to the improvement of health and safety conditions at work.