Labor discipline: definition and legal regulation. Labor discipline: definition and legal regulation Methods for ensuring labor discipline

The concept of labor discipline.Labor discipline- this is a certain procedure for the behavior of employees in the production process, which is achieved by the obligatory observance by employees of the rules of conduct enshrined in the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, labor contracts, as well as in other local regulations in force in the organization 1 article 189 of the Labor Code of the Russian Federation).

Of particular importance is the obligation of the employer or authorized representatives of the employer of the organization to create the conditions necessary for employees to comply with labor discipline.

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 system of local regulations containing instructions on the rules of behavior of workers in the labor process. This system of acts includes job descriptions, qualification characteristics of employees, shift schedules, vacation schedules, etc. The most important of the local regulations in terms of focusing on ensuring labor discipline are internal labor regulations.

Work discipline is different objective and subjective sense. AT objective sense - this is a system of norms about labor discipline, i.e.

the institute of labor law and the internal labor regulations established at this production.

AT subjective- this is an element of the labor relationship of the employee and his obligation to comply with the rules of the internal labor regulations, labor discipline.

Importance of labor discipline lies in the fact that it: contributes to the achievement of high quality results of the work of each employee and the entire production, work without marriage; allows the employee to work with full dedication, to show initiative, innovation in work; increases production efficiency and labor productivity of each employee; contributes to the protection of health during labor activity, labor protection of each employee and the entire labor collective: with poor labor discipline, there are more accidents and accidents at work; contributes to the rational use of the working time of each employee and the entire workforce.

Methods for ensuring labor discipline. To methods of providing labor discipline in the organization include persuasion, encouragement for conscientious work and coercion (disciplinary action). In addition, labor discipline in the organization is ensured by creating necessary conditions to comply with it.

The labor schedule is determined by the internal labor regulations (part 3 of article 189 of the Labor Code of the Russian Federation).

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 employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations with this employer. This definition is given in Part 4 of Art. 189 of the Labor Code of the Russian Federation.

Internal labor regulations should include rules for hiring indicating which one 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.

The internal labor regulations should contain procedure for dismissal of employees, which determines the procedure for filing a letter of resignation at the initiative of the employee, the procedure for signing a bypass leaflet (if any), the delivery of material assets in the use of the employee, etc. In particular detail in the rules of internal labor regulations should regulate the application of incentives and disciplinary measures to employees.

Fixing in the internal labor regulations rights and obligations of employer and employee based on the provisions of Art. Art. 21 and 22 of the Labor Code of the Russian Federation and may not be specified in the future.

The internal labor regulations must contain organization rules: the beginning of work and its end; 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 (Article 103 of the Labor Code of the Russian Federation).

The maintenance and strengthening of labor discipline is facilitated by the extremely clear consolidation of rest time regulations. 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.

At present, such local regulations, as the rules of conduct for employees of an organization, where corporate rules wearing in more ethical than legal. These include rules regarding appearance workers, their clothes, the order of communication of workers among themselves 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.

In organizations of certain sectors of the economy, along with the rules of internal labor regulations, there are statutes and regulations

employee discipline. 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 the Labor Code, some additional measures may be applied to employees of these industries, provided for by the charters and regulations on discipline (Article 192 of the Labor Code of the Russian Federation).

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 (Article 191 of the Labor Code of the Russian Federation).

The internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations.

The rules of internal labor regulations, as a rule, are

application to a collective agreement.

In accordance with the established procedure, the employer independently develops draft internal labor regulations, based on an assessment of the feasibility of including certain norms in it, determines the need to specify the provisions of the legislation through local legal regulation of relations with employees.

After the preparation of the draft internal labor regulations, the employer is obliged, within the time limits determined independently, to transfer it to the representative body of employees of the organization in order to identify and take into account his opinion.

Reward measures for success at work. In the legal sense, encouragement is usually understood as public recognition of the results of the work of employees, giving them honor in the form established by the current labor legislation. Russian Federation incentives, benefits and benefits.

Encouragement for success in work- this is a public recognition of the merits of the employee, his success in work.

promotion as method of managing disciplinary relations in the organization it is expressed primarily in the public honor and increase in the prestige of a particular employee in the workforce.

In accordance with Art. 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously fulfill their labor duties (declares gratitude, issues a bonus, awards a valuable gift, a certificate of honor, presents them to the title of the best in the profession).

Other types of employee incentives for work are determined by the collective agreement or internal labor regulations, as well as

statutes and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards.

Practice shows that incentives sometimes turn out to be a more effective tool for stimulating employees to conscientious work than penalties. The employer should strive to combine measures of moral and material incentives for employees for conscientious performance of duties under an employment contract.

The list of incentives contained in Part 1 of Art. 191 of the Labor Code of the Russian Federation, is not exhaustive, but provides for the possibility of encouraging employees both morally and financially. This list can be supplemented depending on the needs and capabilities of a particular employer.

Additional types of rewards may be provided for by a collective agreement or internal regulations.

Through local legal regulation, it is possible to establish honorary titles for employees of the organization, provide additional paid holidays, various types of incentives of a material nature: bonuses, payment for training in new promising professions, compensation for the cost of annual rest, etc. The employer has the right to independently determine the choice of the form of securing additional incentives.

Despite the fact that the law provides for the consolidation of additional incentives only in the collective agreement and internal labor regulations, one cannot deny and exclude the possibility of their establishment by orders (instructions) of the head of the organization.

State awards of the Russian Federation (hereinafter referred to as

- state awards) are: the title of Hero of the Russian Federation, orders, medals, insignia of the Russian Federation; honorary titles of the Russian Federation.

All incentive measures according to their nature can be divided into moral(gratitude, certificates of honor, honorary titles, orders, medals, etc.) and material(rewarding with a valuable gift, awarding a prize, promotion to a higher position, assignment of a higher class, category, etc.).

A variety of incentive measures in accordance with Art. 194 of the Labor Code of the Russian Federation is early removal of a disciplinary sanction from an employee.

The republics within the Russian Federation have their own honorary titles established by their legislation.

According to the labor legislation of the Russian Federation, it is allowed combination of several incentives. So, for example, an employee can be thanked and awarded a cash bonus.

All types of incentives for employees of organizations used by the employer of the organization for the success achieved in labor activity are announced in order(instruction) of the employer, are brought to the attention of the entire workforce organizations and are entered in the appropriate section work book worker.

The concept, basis and types of disciplinary liability (general and special). Disciplinary liability is one of the types of legal liability under labor law. It is usually considered in two aspects.

Disciplinary responsibility is assigned to the employee, as a rule, directly by the head organizations that have administrative and disciplinary power in relation to employees who are in an employment relationship with this organization. Other officials have such a right if it is provided for in the charter of the organization or if they are authorized by the employer.

In the Labor Code of the Russian Federation there is no legal definition of the concept of disciplinary responsibility. In Art. 192 of the Labor Code of the Russian Federation indicates only that for the commission of a disciplinary offense, i.e., failure to perform or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply a disciplinary sanction.

The obligatory basis for bringing to disciplinary responsibility in each specific case is disciplinary offense.

In part 1 of Art. 192 of the Labor Code of the Russian Federation defines disciplinary action- this is the non-performance or improper performance by the employee through his fault of the labor duties assigned to him, for which the employer has the right to apply a disciplinary sanction to the employee.

A disciplinary offense has a set of features: subject, subjective side, object, objective side.

Subject A disciplinary offense may be a citizen who is in labor relations with a particular organization and violates labor discipline.

subjective side disciplinary offense is the fault on the part of the employee. It can be in the form of intent or negligence.

An object disciplinary offense - the internal labor schedule of a particular organization.

objective side here there are harmful consequences and a direct connection between them and the action (inaction) of the offender.

Labor legislation distinguishes between two types of disciplinary liability: general and special.

General disciplinary responsibility established by the Labor Code of the Russian Federation, all persons who, in accordance with the Labor Code of the Russian Federation, have entered into labor Relations and received the status of workers.

Special disciplinary responsibility different from general disciplinary responsibility:

- the circle of persons to whom it applies;

- a broader concept of a disciplinary offense, the illegality of which is provided for by special federal laws, charters and regulations on discipline;

- special disciplinary measures;

- the circle of officials and bodies endowed with disciplinary power, and the procedure for applying disciplinary sanctions.

Measures of disciplinary sanctions. In accordance with Art. Art. 22 and 192 of the Labor Code of the Russian Federation, the employer, having the authority of the disciplinary authority, in the event that an employee commits a disciplinary offense, independently chooses disciplinary measures.

In Art. 192 of the Labor Code of the Russian Federation established the following disciplinary action, which can be applied by the employer in relation to employees who have violated labor discipline:

- remark;

- reprimand;

- dismissal on the appropriate grounds.

The above list of penalties, in contrast to incentive measures, is

exhaustive and is not expandable.

In accordance with Part 2 of Article 192 of the Labor Code of the Russian Federation, disciplinary sanctions include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of the first part of Article 81, paragraph 1 of Article 336 or Article 348.11 of the Labor Code of the Russian Federation, as well as paragraph 7, 7.1 or paragraph 8 of the first article 81 of the Labor Code of the Russian Federation in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties.

Additional penalties are possible only if the employee is subject to special disciplinary liability. Employers themselves cannot establish and apply any additional disciplinary sanctions not provided for by the Labor Code of the Russian Federation, federal laws, charters and regulations on discipline. In practice, such measures as fines, deprivation of various kinds of allowances, reprimand with a warning and other sanctions are common. cannot be legal.

The most strict and last resort on violators of labor discipline is dismissal on relevant grounds. Special disciplinary responsibility established mainly by charters and regulations on the discipline of employees in certain sectors of the Russian economy, as well as by individual federal

laws 2.

Accordingly, the law distinguishes common subject

disciplinary action and special. Each is considered common.

an employee who has committed a disciplinary offense, with the exception of those who, by virtue of special regulatory legal acts, are a special subject. Special disciplinary responsibility is due to a number of reasons:

- the specifics of the labor functions performed by employees;

- especially severe consequences that may occur as a result of non-fulfillment or improper fulfillment of their assigned labor duties.

Special disciplinary liability is not established for all employees, but only for those specified in the relevant charters and regulations on discipline, as well as federal laws.

Thus, special disciplinary responsibility should be understood as a set of legal norms that determine the obligation of special subjects of labor law to incur disciplinary measures provided for by the relevant federal laws, charters and regulations on the discipline of certain categories of workers under certain conditions and in cases provided for by law.

Special disciplinary liability provides for a number of stricter than general disciplinary liability. disciplinary action. In some cases, such liability extends the concept disciplinary offense.

The Regulation “On the Discipline of Railway Transport Workers of the Russian Federation”1 emphasizes the special conditions for the observance of discipline by railway transport employees.

Violation of discipline on railway transport creates a threat to the life and health of people, the safety of train traffic, the safety of transportation of goods, luggage and entrusted property, and also leads to non-fulfillment of contractual obligations.

On the basis of clause 15 of the said Regulation, for the commission of a disciplinary offense by an employee, in addition to those provided for by the Labor Code of the Russian Federation, the following types of disciplinary sanctions may be applied to him:

- deprivation of the driver's license for the right to drive a locomotive, multiple unit rolling stock, special self-propelled rolling stock, the driver - a certificate for the right to drive a trolley, assistant locomotive driver, motor-car rolling stock, special self-propelled rolling stock - certificates of an assistant driver, assistant driver of a trolley – certificates of an assistant driver for a period of up to three months or one year, with a transfer from

consent of the employee to another job for the same period on the grounds and in the manner provided for in clause 16 of the said Regulations;

- dismissal from a position related to operational work railways, and government organizations industrial railway transport or other work to ensure the safety of train traffic and shunting work and the safety of transported goods, luggage and entrusted property, with the provision of work with the consent of the employee, taking into account the profession (specialty);

- dismissal, except for cases provided for by labor legislation, also for the commission by an employee of a gross violation of discipline that posed a threat to the safety of train traffic, life and health of people or led to a violation of the safety of goods, luggage and entrusted property.

For employees of maritime transport, in addition to disciplinary sanctions specified in Art. 192 of the Labor Code of the Russian Federation, special legislation provides for one more penalty - a warning about incomplete official compliance.

Other additional (in addition to those provided for by the Labor Code of the Russian Federation) disciplinary sanctions for violation of labor discipline are established by the Charter on the Discipline of Employees of Organizations Operating Particularly Radiation and Nuclear Hazardous Production and Facilities in the Field of the Use of Atomic Energy2 (for example, a severe reprimand).

Appealing disciplinary sanctions according to the statutes and regulations on discipline, it is carried out in the general manner in the bodies for the consideration of labor disputes (commission for labor disputes, court). Dismissal is carried out in the manner prescribed by the legislation of the Russian Federation.

Before applying a disciplinary sanction, the employer must require the employee written explanation. If after two working days the specified explanation is not provided by the employee, then an appropriate act is drawn up (part 1 of article 193 of the Labor Code of the Russian Federation).

In the explanation, the employee must indicate the reasons for the misconduct and the circumstances under which it was committed. The employee may refuse to explain, which should not be considered an independent disciplinary offense, but, nevertheless, may affect the employer's assessment of the employee's personality.

If the employee refuses to give an explanation, the employer, after two working days, must draw up act of renunciation. It must indicate the calendar date, place and reason for drawing up, as well as indicate the witnesses present when the employee was invited to provide an explanation and his refusal to do so. The act must be signed by an official of the employer and witnesses present.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

Disciplinary action applied no later than one month from the date of discovery of the offense, 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 workers.

Disciplinary action cannot be applied later than six months from the date of the offense, 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 action.

Order(instruction) of the employer on the application of a disciplinary sanction is announced to the employee under painting during three working days from the date of its publication, not counting the time the employee was absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

Disciplinary action may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

Part 7 of Art. 193 of the Labor Code of the Russian Federation establishes the right of an employee to appeal against a disciplinary sanction applied to him in state labor inspectorate and (or) jurisdictional bodies for the consideration of labor disputes1 . These bodies, when establishing violations committed by the employer, may recognize the application of disciplinary punishment as unlawful.

If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he deemed to have no disciplinary action.

The employer has the right to take off him 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 (Article 194 of the Labor Code of the Russian Federation).

Disciplinary action against an employee remains valid throughout the year from the date of its application. If during this year the employee is not subjected to a new disciplinary sanction, he is considered not

having disciplinary action. In this case, after a year, the old penalty becomes invalid, and this does not require any new order (order).

Disciplinary sanctions removed ahead of schedule or no longer in force cannot be taken into account upon dismissal (clause 5 of article 81 of the Labor Code of the Russian Federation) and should not be indicated in performance characteristics (for example, when passing a competition, attestation, etc.).

Bringing to disciplinary responsibility the head of the organization, the head of the structural unit of the organization, their deputies at the request of the representative body of employees. Article 195 Labor Code The Russian Federation also provides for the possibility of bringing to disciplinary responsibility the head of the organization, the head of the structural unit of the organization, and their deputies. at the request of the employees' representative body.

The employer, as well as his representatives, are obliged to comply with laws and other regulatory legal acts, conditions of the collective agreement and agreement. If there is a violation of these obligations, the representative body of workers has the right to raise the issue of the legal liability of the head of the organization and his deputies to their employer. This may be a certain person or body that has the right to appoint managers to positions and bring them to disciplinary responsibility. In this case, the employer is obliged to consider the issue on the merits and report the result to the representative body of employees.

If during the consideration of the application of the representative body of employees it turns out that there have been violations of laws and other regulatory legal acts on labor, the terms of the collective agreement, agreement, then one of the disciplinary measures should be applied to such head of the organization, head of the structural unit, his deputy, provided for in Art. 192 of the Labor Code of the Russian Federation, other federal laws, charters and regulations on discipline. In this case, dismissal is not excluded. As an example, you can point to paragraph 10 of Art. 81 of the Labor Code of the Russian Federation.

The authorized body of the legal entity, or the owner of the property of the organization, or a person authorized by the owner, may decide to apply disciplinary liability to the head of the organization.

The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees. In this case, the rules for bringing to disciplinary responsibility, set out in Art. 193 of the Labor Code of the Russian Federation.

The implementation of labor activity at the enterprise is associated with the observance by all employees of the internal regulations, the fulfillment of work standards, duties that comply with current legislation and the employment contract concluded with the company's management.

The discipline of labor, the definition of which will be presented below, is extremely important, since it does not allow individual citizens, or the labor collective as a whole, to create obstacles for the implementation of labor activities by each of the employees.

What is labor discipline?

According to Art. 189 of the Labor Code of the Russian Federation, labor discipline is understood as the duties of all employees of the organization to follow certain rules of conduct in the framework of their implementation of the assigned labor task.

The framework for which it is considered unacceptable for an employee to go beyond is contained in the mentioned code, local acts of the enterprise, and an employment contract.

Labor discipline is defined as the behavior of employees that complies with the norms of the law, the employment contract and orders of the authorities, which do not conflict with the above documents.

Depending on the degree of compliance with regulations and rules, there are:

increased level of discipline;
reduced level of discipline;
insufficient level of discipline;
standard (normal level of discipline).

When carrying out labor activities, employees must also observe production and technological discipline. Labor discipline is part of them, it is necessary to protect the enterprise from failures in work associated with the lack of raw materials, workers, necessary tools and materials.

The employer is responsible for compliance with production discipline, the responsibility of employees extends only to violations in the field of labor.

For example, if an employee is required to attend workplace(enterprise checkpoint) no later than 8.00, then his absence can be regarded as a violation of labor discipline.

It is also a violation of the norms of labor discipline that an employee leaves the workplace without permission, a long lunch break, untimely informing the management about the incidents that have occurred, if they caused the shutdown of a particular machine and the entire workshop.

At the same time, the employee cannot be responsible for the lack of opportunities for the enterprise to purchase new equipment and prevent breakdowns of the existing one.

Employees of the organization must be provided with the materials and tools they need, otherwise they will not be able to start working.

Technological discipline, in turn, assumes that if the employee has all the technological means of production necessary for the employee, he will adhere to the rules established in the organization.

It is important to observe labor discipline.

The Labor Code of the Russian Federation, the Federal Law of the Russian Federation, as well as the employment contract concluded with the employer, oblige to observe the labor discipline of employees of a particular enterprise.

Employees who violate the established norms and regulations bear disciplinary responsibility for their actions. As a legal category, labor discipline implies mutual responsibility of both the employee and the employer.

In Art. 21 of the Labor Code of the Russian Federation indicates the need:

Follow the labor obligations established by the employment contract;
Compliance with labor standards and rules by employees;
Adhere to safety regulations;
Manifestations of concern for the property of the employer.

By presenting certain requirements for labor discipline, the employer is obliged to create appropriate conditions for employees.

Employees of the enterprise who do not comply with the labor charter, allow themselves a negligent attitude to work and discipline, may be subject to disciplinary action. In turn, employees who observe labor discipline and responsibly approach the performance of their duties can be encouraged.

Encouragement and disciplinary action is a legitimate form of maintaining labor discipline at the enterprise.

All workers must understand that no wrongdoing goes unpunished and, conversely, no good deed goes unnoticed.

It is important to correctly determine who is responsible for the damage.

Disciplinary liability is a kind of legal liability imposed on an employee for non-compliance with the norms and rules of labor discipline established at the enterprise.

This form of responsibility involves the punishment by the employer of employees of the enterprise who refuse to follow the established regulations and rules.

Disciplinary liability threatens those employees who have committed an intentional illegal act as part of their work duties. In addition, employees who improperly perform their labor duties are also held accountable.

The basis for bringing to disciplinary responsibility is a disciplinary offense.

According to Article 192 of the Labor Code of the Russian Federation, any non-performance or insufficiently accurate performance by an employee of labor standards and duties in situations where proper performance required not skills and abilities, but diligence and willingness to take responsibility is recognized as a disciplinary offense.

Example. It is a misdemeanor to be late to work due to eating too slowly at lunchtime. But the absence associated with the presence of a large queue in the dining room is not such.

The employer is to blame, since he did not create the conditions for employees to have a normal and timely meal (it will be difficult to prove this, but still possible, which will allow them to avoid disciplinary punishment in the future).

Signs of a disciplinary offense are:

subject and object;
subjective and objective sides.

The subject of misconduct is an employee of the organization, the object of the internal work schedule. The subjective side of the misconduct is expressed in the presence of the employee's guilt (psychological aspect), the objective side is the onset of harmful consequences and the establishment of a causal relationship between them.

Some examples of disciplinary action.

An unlawful act is recognized not only as certain actions of employees that have damaged the interests of the company, but also the absence of such.

Example. On the line, engaged in dyeing fabric, there was a breakdown of the machine. Instead of reporting it to the shift supervisor, the worker in charge of this unit tried to correct the situation on her own, but having not achieved significant improvements, she went to lunch.

As a result of her negligence, the specified machine was idle for 6 hours, while the malfunction could be eliminated in no more than 15-20 minutes.

Example. As a result of a severe thunderstorm, the electricity line was damaged, a team of workers was sent to check the extent of the damage and fix it on the spot. Arriving at the place of damage, the electricians found that without special equipment they would not be able to correct the situation, which was reported to the management.

In response, they were ordered to use the available improvised means, including those that could serve as a source of danger to life and health. Since the orders of the management were contrary to the norms of labor protection, the workers refused to follow them, which, during the disciplinary proceedings conducted by the higher authorities, was recognized as quite legal.

Disciplinary offenses committed during working hours and bad behavior of an employee outside the workplace, in no way related to the performance of his job duties (drinking alcohol outside of working hours, brawl in a hostel, refusal to perform public assignments) should be distinguished.

The characteristic features of a disciplinary offense are:

Wrong approach to the implementation of the duties assigned to the employee;
Refusal to pass medical examination;
Refusal to improve qualifications, pass exams for knowledge of safety precautions and equipment operation rules;
Violation of the norms of the current legislation;
Intentional or careless actions that harmed the work process.

Regardless of whether the actions committed by the employee were intentional or were the result of negligence (indiscretion), they entail bringing the guilty person to disciplinary responsibility.

The procedure for bringing to disciplinary responsibility

Depending on the severity of the misconduct committed, an employee of the organization may be subject to general or special disciplinary liability.

Three types of disciplinary punishments.

General disciplinary responsibility affects all employees of the organization, its action is enshrined in the Labor Code of the Russian Federation and internal regulations. As a punishment for displayed incompetence, an employee may:

receive a comment;
receive a reprimand (in the Labor Code of the Russian Federation, there was previously such a measure of prosecution as a severe reprimand);
be dismissed on the basis of Art. 192 of the Labor Code of the Russian Federation.

The chosen form of disciplinary sanction depends on the severity of the offense committed, the circumstances, the employee's work experience and the comments he already has. The final choice of disciplinary measures depends on the employer.

So, one employer can dismiss an employee for being late for work by 10-15 minutes, while another will put forward only a small remark to the employee for the same delay.

The above list of penalties is exhaustive. The employer is not allowed to use other penalties, except for those contained in the Labor Code of the Russian Federation and federal laws.

Example. The employee did not report his illness in advance, bringing the sick leave only after the end of the sick leave. As a result of his negligence, the employer spent a whole day looking for a replacement. When receiving wages, the time spent looking for a new employee was deducted from the salary.

As a result, the worker received less wages than he expected. The actions of the employer in this case are illegal, since they do not take into account the fact of the suddenness of the disease that has occurred, which is mentioned in the sick leave, and the employee’s inability to contact the immediate superiors from the hospital.

The only possible punishment would be a reprimand, but not withholding wages.

Special disciplinary responsibility

Such categories of employees as judges, prosecutors, investigators, civil servants, employees of those industries whose charter lists requirements other than those listed above are subject to special disciplinary liability.

Signs of special disciplinary responsibility are:

The presence of a person whose position provides for the adoption of measures of responsibility in relation to him;
Form of disciplinary action;
Physical and legal entities those who monitor the enforcement of disciplinary punishment;
Penalties, the procedure for their application and appeal.

Special requirements are applied to employees who are subject to measures of special disciplinary responsibility, penalties provided for them may have nothing to do with those generally accepted in this area.

Example. An employee of the river port was repeatedly convicted of drinking alcohol at the workplace, refused to obey the requirements of the management, did not carry out the tasks assigned to him in a timely manner, as a result of which the entire team suffered.

Since the employee showed a negligent attitude to his duties, he was warned about incomplete service compliance. This measure of disciplinary sanction is special, it also applies to civil servants.

If we are talking about repeated violations of discipline on the part of employees of the fishing fleet of the Russian Federation, then the described penalty may be supplemented or replaced by a more stringent one.

Thus, captains and officers of the fleet may temporarily lose the right to engage in fishing, their diplomas and any certificates that allow them to fish legally are withdrawn.

Withdrawal of diplomas is carried out for up to 3 years.

A delinquent employee may be transferred to another job with a demotion.

As mentioned above, civil servants are also subject to measures of special disciplinary responsibility. A representative of state power convicted of a disciplinary offense may be removed from his position for the duration of the disciplinary investigation, or until the completion of the investigation.

Before applying the measures of disciplinary responsibility described above to the employee, the employer is obliged to request from him an appropriate written explanation of his action or inaction (explanatory).

Certain terms of application.

The term of disciplinary action is 1 month from the date of detection for ordinary misconduct and 6 months for misconduct that entailed serious consequences and require clarification of all existing circumstances.

In case the results audit a serious shortage of money or products was discovered, disciplinary liability may occur even after the dismissal of the employee, if this took place no later than 2 years before the waste was discovered.

After receiving sufficient evidence of a violation of discipline by a particular employee, the employer is obliged to issue an order for the enterprise (order). This document indicates the degree of guilt of the employee, lists his actions that caused the violation of discipline.

The order is issued to the employee against signature no later than 3 days after it was signed by the head.

An employee accused of violating discipline has the right to refuse to sign the order. In this case, the employer is obliged to convene a local commission of several employees who are not interested in the case and draw up a special act on the refusal received. This document must be signed by the employee.

If an employee considers himself innocent of the demands made against him, he may well apply for judicial protection. A less effective, but also less radical method is considered to be writing an application to the labor commission.

It should be noted that the described disciplinary measures apply not only to employees, but also to the management of the company. In the event that the employer is convicted of violating disciplinary norms, employees of the enterprise may also require clarification from him.

Labor discipline is an indicator of the employee's readiness to perform certain labor duties.

The lack of discipline in the enterprise can cause its poor performance, all kinds of failures, violations, the appearance of defective products and have very adverse consequences in general.

Even one employee who arrives at the workplace at the wrong time can significantly damage the reputation of the organization and cause a suspension of work for several hours.

Labor legislation is presented in such a way that the employer has the opportunity not only to encourage, but also to punish employees for disciplinary offenses they have committed.

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

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Therefore, there are three types of disciplinary offenses:

culpable violation by an employee of technological standards ( technological);
Guilty non-fulfillment or improper observance by the subject of labor law of the norms of subordination and coordination in the process of labor management ( managerial);
culpable non-observance by the subject of an employment relationship of the norms governing working hours and rest time ( regime, i.e. violating the "working hours" - Art. 100 of the Labor Code of the Russian Federation).

The type of disciplinary offense affects the procedure for establishing circumstances indicating non-fulfillment or improper observance by the employee of his labor duties.

So, when producing defective products, the fault of the employee is established in case of violation of technological standards, absenteeism, being late for work, unproductive use of working time (guilty violation by the employee of the working time regime). Investigation of managerial misconduct involves the establishment of the guilty in the employee's failure to comply with the legal order of the head of the production process.

Introduction

Not only employees, but also employers often have a very poor understanding of what discipline is from the point of view of the law, what actions of an employee can be considered as disciplinary offenses, what types of disciplinary sanctions are, and how to properly apply them. But an incorrectly executed penalty can lead to the restoration of an employee at work and payment for his forced absenteeism. How to avoid such incidents? How to maintain discipline in the work team? The answers to these questions can be found in subsequent chapters of this work.

Disciplinary responsibility. Labor discipline, its provision

The concept of labor discipline and its provision

Any collective work requires concerted action, which requires proper organization and management, a clear work schedule.

Without the subordination of all participants in the labor process to a certain routine, coordination of activities and coherence in work, i.e. without observing the established rules of conduct, labor discipline, it is impossible to achieve the goal for which a joint labor process is organized. Labor discipline is a necessary condition (element) of any collective labor, regardless of the organizational and legal form of organization and socio-economic relations that have developed in society. legal concept labor discipline enshrined in Art. 189 TC.

In accordance with it, labor discipline is obligatory obedience for all employees to the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, local regulations, an employment contract of the Labor Code of the Russian Federation.

To ensure labor discipline, it is necessary to create appropriate organizational and economic conditions for normal production activities.

The creation of such conditions, part 2 of article 189 of the Labor Code, is imposed on the employer. The duty of the employer, formulated in it in general form, to create the conditions necessary for the observance of labor discipline by employees, is specified in other articles of the Labor Code and federal laws, in other regulatory legal acts containing labor law norms, a collective agreement, an agreement, local regulations, an employment contract.

In accordance with them, the employer is obliged to comply with laws and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and employment contracts; provide employees with work stipulated by the employment contract; provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; ensure safety, security and health at work; pay employees their wages in full and on time.

The state of labor discipline largely depends on the fulfillment of these duties by the employer. Where poor organization of labor, even if they are created, do not guarantee against manifestations of indiscipline, against violations of established rules of conduct.

A violation of labor discipline is the refusal of an employee, without good reason, to perform labor duties in connection with a change in the established procedure for labor standards (Article 162 of the Labor Code of the Russian Federation), since by virtue of an employment contract, an employee is obliged to fulfill a certain labor function, comply with the current internal labor regulations (Article 56 of the Labor Code of the Russian Federation). At the same time, it should be borne in mind that the refusal to continue work in connection with a change essential conditions of an employment contract is not a violation of labor discipline, but serves as a basis for terminating an employment contract under paragraph 7 of Article 77 of the Labor Code of the Russian Federation in compliance with the procedure provided for in Article 74 of the Labor Code of the Russian Federation.

Violations of labor discipline also include the refusal or evasion, without good reason, of a medical examination of workers in certain professions, as well as the refusal of an employee to undergo special training during working hours and pass exams on labor protection, safety precautions and operating rules, if this is a prerequisite for admission to work. Article "Problems of applying the grounds for dismissal of an employee as a measure of disciplinary responsibility at the present stage of development of labor legislation",

In connection with this legislation, special legal means are provided to help ensure labor discipline. These include incentives for success in work and disciplinary responsibility.

Encouragement as a way to ensure labor discipline is a certain form of public recognition of the merits of an employee in connection with his success in work. It has not only a positive moral impact on the employee, but may also entail the provision of certain benefits and benefits.

Rewarding has a positive effect not only on the encouraged employee, but also on other employees, i.e. is a certain incentive for the conscientious fulfillment of the duties assigned to them, for the observance of labor discipline.

Disciplinary responsibility is the obligation of the employee to answer for the disciplinary offense committed by him and incur disciplinary measures provided for by labor legislation.

Through the application of a disciplinary measure, an employee who violates labor discipline is punished. However, the role of disciplinary liability as a means of ensuring labor discipline is not only to punish the employee who has committed a disciplinary offense, but also to prevent offenses in the future, including by other employees. In other words, along with punitive, disciplinary responsibility also performs a preventive (preventive) function Yu.P. Orlovsky, A.F. Nurtdinova, textbook "Labor Law of Russia", Moscow, 2008.