Part three of Article 313 of the Labor Code stipulates that when applying disciplinary sanctions, the severity of the offense committed, the circumstances of its occurrence, and the employee's previous work and conduct are taken into account.
Accordingly, a teacher's failure to assign grades in a timely manner can be considered a violation of labor discipline. Disciplinary action is applied when the employee actually fails to fulfill their work duties.
In this case, in accordance with Article 312 of the Labor Code, for violation of labor discipline, the employer has the right to apply the following disciplinary sanctions to the employee:
That is, if an employee violates labor discipline, one of the above measures is applied to them. In this case, only one disciplinary measure may be applied for the committed offense.
It should be noted that the above disciplinary measures are not applied to the employee in sequence. Depending on the degree of violation of labor discipline, the employer has the right to choose one of the above measures.
Moreover, the employee is not required to be warned for the first time in such a case. In this instance, compliance with the provisions of Article 313 of this Code is required.
That is, the employer is obliged to demand a written explanation from the employee before applying disciplinary action, including if the disciplinary offense was revealed as a result of an official investigation.
The employee's refusal to provide a written explanation does not prevent the application of a disciplinary sanction and is formalized by a report indicating the witnesses present.
According to the rule, an explanatory note should be obtained from the teacher first. If the teacher refuses to write an explanatory note, a report on the situation must be drawn up.
Subsequently, the employer's order on the application of a disciplinary sanction to the employee is announced to them for signature, indicating the reasons for the sanction, within three working days from the date of its adoption, not counting the days when the employee was absent from work.
If these rules are not observed, then the disciplinary action is applied incorrectly. In this case, the employee can file a complaint with the district justice department.
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