Violators of labor discipline. Violation of labor discipline example and consequences

15.10.2019

A special condition for a stable production process is labor discipline, which allows regulating the work activities of employees in accordance with the rules defined at the enterprise. The result of work and the psychological climate within the workforce directly depends on the state of labor discipline in the company.

The concept of labor discipline according to the Labor Code of the Russian Federation

Based on Art. 189 of the Labor Code of the Russian Federation, labor discipline is a list of employee responsibilities regarding his subordination to the rules of conduct, which are determined individually at each enterprise. At the same time, the head of the company, highlighting the rules of behavior of subordinates, must be guided by the following standards:

the main document of labor legislation - the Labor Code of the Russian Federation. It outlines the main responsibilities and rights of the employer and the hired entity;
local standards that regulate discipline at the level of an individual enterprise (internal labor regulations);
, which determines solutions for a number of controversial aspects on issues of communication between the management apparatus and the workforce;
separate, operating in the organization for different professions and positions. These papers define the functional map of a particular subject of a specific specialty;
other instructions regulating certain issues based on the specifics of the company’s activities;
specific labor agreements with employees.

The set of legal documents reviewed is the basis for determining local behavioral rules for employees and the head of the company.

Thus, violation of established rules may lead to the violator being held accountable. Based on Art. 192 of the Labor Code of the Russian Federation, a disciplinary sanction is fair for a situation where the employee’s guilt in an unlawful action is obvious. It is assumed that disciplinary liability occurs not only for misconduct or violation of labor laws, but also for inappropriate performance of one’s work duties, which entailed certain negative consequences for the company.

Based on the fact that the list of responsibilities of employees at each individual enterprise is individual, the approach to determining punishment for violation of discipline will also be based on the independent decision of the manager. This means that a certain fact that one boss considers misconduct may not be so for another manager.

In particular, the most common facts of violation of discipline are the following actions of an employee:

a long period of time during which the subject was absent from the workplace without providing supporting documents or an explanatory note indicating a good reason for such an action (for example, a sharp deterioration in health);
the employee’s refusal to undergo regular medical examinations or professional instruction, without which admission to perform work duties is impossible;
an employee’s groundless refusal to formalize an agreement on full financial liability, if the position for which the subject was accepted obliges such action.

Responsibilities of the employer and subordinates in terms of labor discipline and compliance with safety regulations

The general duties of employees are established by the Labor Code of the Russian Federation, and imply the following provisions:

Also, based on Art. 214 of the Labor Code of the Russian Federation, a separate section fixes the employee’s responsibilities regarding his compliance with labor protection rules. It is understood that the employee must:

fulfill the requirements for conducting labor activities established by the labor protection service;
use personal protective equipment correctly;
regularly take educational courses regarding professional development, as well as first aid in case of emergency;
inform direct superiors about the occurrence of an emergency situation immediately.

Based on the labor legislation of the Russian Federation, responsibility for safety and labor protection in the company lies with the manager of the enterprise and the immediate managers of individual departments. The responsibilities of the head of the company represent a wide range of provisions, the main of which include:

providing subordinates with safe workplaces (maintenance of buildings and structures where the office or workshop is located);
providing subordinates with means of individual and collective protection;
organizing and conducting educational events to train employees in safe work practices, as well as behavior in the event of unforeseen circumstances;
carrying out certification of workplace safety, as well as the required qualifications of employees for specific positions;
preventing employees from performing job duties if their qualifications do not meet the requirements of professional standards or qualification reference books, as well as if the employee refused or for any other reason did not undergo a medical examination and the necessary instructions.

The given lists of responsibilities of the employer and subordinates are not exhaustive. Most of the rules applied in practice are local in nature due to the isolation of each individual production and the specifics of a particular line of activity. The manager has the right to add to and reduce the lists of employee responsibilities, based on personal judgment regarding the relevance of these requirements for work.

Responsibility for violation of labor discipline

Responsibility for disciplinary offenses comes under Art. 192 of the Labor Code of the Russian Federation, which provides for the following types of lawful punishments for an employee who has violated labor regulations:

Comment. It is presented to the employee orally and does not have any consequences in the form of being entered in a personal file or formalizing the punishment in documentary form;
Rebuke. Issued in writing to the employee if the severity of the violation is sufficient, based on the professional judgment of the manager. It may be entered into the subject’s personal file or documented in writing as a separate document. Moreover, the presence of a reprimand implies that the person must not violate labor discipline during the year following the date of the reprimand, otherwise, in the event of a repeated illegal action, the employee may be lawfully dismissed;
. It is the most serious sanction that comes for an extremely serious disciplinary offense. However, the fact of dismissal of an employee must be documented on the basis of a specific article of the Labor Code of the Russian Federation.

The listed methods of holding subordinates accountable are exhaustive. Any other methods used by employers (for example, penalties or additional work) are illegal, as they are not provided for by labor legislation. If the head of the company nevertheless applies unlawful penalties, the person has the right to apply to the labor inspectorate with a request to protect his interests.

So, for one violation, based on Art. 193 of the Labor Code of the Russian Federation, only one punishment can be applied. It is understood that for the same offense, the subject cannot first be reprimanded and then fired. However, an employee, for example, can be fired for repeated violation of the rules, even if the first fact of illegal action differed in its qualitative terms from the second. For example, if the first violation is listed as regular lateness for work, and the second - as an immoral act.

Also, if, as a result of an employee’s offense, the head of the company suffered material damage, based on Art. 248 of the Labor Code of the Russian Federation, it is legal to apply double liability: disciplinary and material.

An employee’s financial liability is fair only if his guilt in causing actual damage to the property of another entity or the manager (his company) is proven.

Dismissal as a special type of punishment for a disciplinary violation

Dismissal can be applied to subordinates for such violations of discipline, based on Art. 81 Labor Code of the Russian Federation:

regular violation of labor discipline rules established at the enterprise;
absence from work for more than 4 hours in a row. Such an action is recognized;
coming to the workplace in a state of intoxication;
disclosure of secret information. Disclosure of both state and government is implied;
causing material damage to the property of another official;
violation by an employee of safety regulations, which entailed or became the cause of a high probability of causing harm to the health of others in the team or material damage to equipment;
carrying out certain actions that may be regarded ambiguously - in such a way that the person’s credibility will be called into question;
if an employee hides information about his income and the availability of property from him or his family, when his position suggests the opposite;
an immoral act by an employee performing educational functions, which makes the continuation of such duties impossible in the future;
and also, based on Art. 348 of the Labor Code of the Russian Federation, a professional athlete may be disqualified in case of violation of anti-doping rules.

At the same time, dismissal is not a strictly mandatory action if this is not in the interests of the head of the company. In such circumstances, the manager may apply a more lenient measure, such as a severe reprimand.

Procedure for registering a disciplinary violation

Prosecution can only follow upon documentary evidence of the employee’s guilt. The employer needs to know the rules for drawing up such papers so that the punishment has a legal basis.

So, the nuances of registering a violative act are as follows:

In case of violations of any of the above points, in particular, failure to familiarize the employee with published documents, or the absence of an act on his refusal to endorse such documents, the imposed punishment may subsequently be considered unfair.

Methods of ensuring labor discipline

Labor discipline according to the Labor Code of the Russian Federation provides for two areas of maintaining the stability of the production process in terms of employee behavior: punishment and reward.

Thus, encouragement in the context of work activity is considered to be the public announcement of an employee’s merits, the provision of awards or gratitude. In this case, encouragement can be applied both individually and collectively.

Based on Art. 191 of the Labor Code of the Russian Federation, awards can be expressed in the following forms:

providing an employee with a bonus;
public announcement of gratitude or awarding a certificate;
providing the employee with a certain gift;
assigning a promotion to a subject.

In addition to what has been discussed, an employee can also be rewarded based on locally established methods approved by the employer.

The subordinate's rewards are recorded in his work book.

Thus, labor discipline is a necessary tool to ensure a stable production process. For violation of this policy, employees may be held accountable, including dismissal. The employer needs to be informed about the current state of labor legislation, as well as wisely use penalties for relevant offenses.

Each employee is obliged to fulfill the official duties assigned to him, which are specified in the employment contract and job description. Otherwise, he may be subject to a special type of legal liability called disciplinary liability.

Definition

An employee’s obligation to be punished for violating the organization’s rules, terms of an employment contract or job description is disciplinary liability. The Labor Code of the Russian Federation indicates that the basis for bringing the employee to it will be the commission of an offense by an employee, which proves the fact that he neglects the official powers entrusted to him.

Main aspects

If an employee does not fulfill his official duties, then disciplinary liability arises. The Labor Code of the Russian Federation provides for the application of one of three types of penalties to the employee:

Comment;

Rebuke;

Dismissal.

This may show a citizen’s partial or complete failure to fulfill official duties. It is divided into two types:

General, when a person violates the norms of the Labor Code;

Special, if those rules that are established by the management of the organization and recorded in the charter, but do not contradict the Labor Code of the Russian Federation, are not observed.

Types of violations

There are several of them:

Use of official time by an employee at his own discretion, for example, absenteeism and tardiness;

Disobedience to company management, which includes failure to comply with orders and instructions;

Improper operation of the organization's equipment;

Immoral behavior - coming to work drunk, failure to comply with labor safety rules, etc.

In this case, the head of the enterprise has every right to subject the person to this type of punishment, such as disciplinary liability. The Labor Code of the Russian Federation provides for the application of a certain penalty, which can be in the form of:

Notes;

Reprimand;

Layoffs.

The last of these three is used extremely rarely, when the manager can no longer keep a person at the enterprise who has neglected labor discipline not for the first time. Therefore, bringing an employee to disciplinary liability in this case is simply a necessary measure to ensure that he begins to take his job responsibilities more seriously.

Procedure

Failure to comply with job descriptions and other conditions of official activity in the organization will result in disciplinary liability. The Labor Code of the Russian Federation in this case establishes only three types of penalties that must be applied correctly so as not to violate the law.

Example: a citizen was three hours late for work, citing the fact that he had been standing at the bus stop for a long time and could not wait for public transport. In this case, this will not be a valid reason, because the rest of the employees, even without a personal car, came to the organization on time. The HR specialist, upon discovering the absence of an employee, must do the following:

Draw up an act in the form (it must be signed by several persons);

Introduce it to the employee against signature, and then make a note about it;

Documentary evidence of violation of labor discipline is drawn up as follows:

It is necessary to obtain from the immediate superior of the person who arrived at the organization late, and attach the drawn up report to it;

Types of punishment

Article 192 of the Labor Code of the Russian Federation provides for the application of the following disciplinary sanctions to an employee who dishonestly performs his official duties:

Comment;

Rebuke;

Dismissal on certain grounds.

In this case, only the manager will decide what punishment can be imposed on the citizen for violating the rules of the regulations. Dismissal is applied only in exceptional cases.

A disciplinary sanction such as a reprimand can be applied to a citizen who does not perform his duties professionally enough, especially if this fact is confirmed by a client’s complaint.

Example: an employee had to install double-glazed windows in the apartment of a regular window customer, but due to the fact that he arrived later than the allotted time, he was unable to complete all the work in one day. The client was dissatisfied and wrote a complaint. In this case, bringing the employee to disciplinary liability is simply inevitable, because through his unlawful actions he undermines the authority of the organization.

A punishment in the form of a reprimand is considered more severe. It is usually used in cases where a person repeatedly neglects his job responsibilities, for example, is systematically late for an operational meeting, does not follow management orders, or does not completely complete his work.

The last type of disciplinary action here will be the dismissal of an unscrupulous employee, but only for objective reasons, which must be confirmed by the relevant act.

Example: a citizen did not come to work because he was sick and reported this to management. After leaving, he did not provide his boss with official confirmation of this fact, and there was no written explanation from him either. Accordingly, an act and order was drawn up to bring the employee to disciplinary liability for absenteeism with further termination of the employment contract, which in this case is absolutely legal.

Failure to comply with labor regulations

In this case, neglect of the terms of the concluded contract and their dishonest implementation will be the main reason for disciplinary liability of civil servants. Because compliance with the rules of the official routine is their main responsibility.

Disciplinary liability of civil servants consists of imposing the following types of penalties on them:

Comment;

Rebuke;

Incomplete compliance warning;

Removal from a position;

Dismissal for certain reasons (absence from work, appearing drunk, disclosing secrets protected by law, destruction or theft of documents and other property).

In this case, punishments for misconduct for these persons are provided for by federal laws and various acts of ministries and departments. In addition, disciplinary liability of officials is one of the measures of state coercion necessary to ensure that all government officials do not violate their professional duties and increase the level of intellectual abilities.

Peculiarities

Bringing disciplinary liability to an employee helps to develop a certain framework of behavior and a more serious attitude towards work, because otherwise he will simply cease to comply with the terms of the employment contract and the rules of the organization. In addition, a person begins to perform his official duties more efficiently.

Contains several types of disciplinary sanctions that the employer has the right to apply to an unscrupulous employee.

Any boss who wants to teach a guilty employee a lesson must follow several rules:

A reprimand, reprimand or dismissal may be imposed no later than one month from the date of discovery of the misconduct, taking into account the time of sick leave, vacation or other absence for a valid reason, but no later than six months;

In each individual case, only one of the specified types of punishment can be applied to a person;

The employee has the right to appeal management's decision;

If during one year of work a person has not committed any violations, then this means that he no longer has a penalty.

Order

In the event that a manager decides to apply a disciplinary sanction to his subordinate for failure to fulfill official duties, this must be recorded in writing by issuing an order. Then familiarize the employee with it against signature within three days.

An order to impose disciplinary liability is drawn up as follows:

Name of company______________

00.00.00, city ___________ No.________

"About _________"

Due to the fact that employee ___________ was seen at work in a state of intoxication, I order:

Give a severe reprimand;

Forfeit bonuses for April in the amount of_______

Base: Art. 192.193 of the Labor Code, memorandum from a senior sales specialist ________.

Director _________ (signature)

I have read the order ___________ (transcript)

Grounds

For improper performance by an employee of official duties, the law provides for a certain type of punishment, which manifests itself in the form of disciplinary measures. Of course, not every manager will punish a guilty subordinate in this way, but, as practice shows, this method is the most effective, because not every boss will be able to look at constant delays, an incomplete report or project, etc.

Violations of labor regulations committed by an employee are considered as grounds for disciplinary liability. In addition, failure by an employee to comply with the terms of the contract and job description implies the presence of his guilt, which leads to punishment in the form of a reprimand, reprimand or dismissal.

Also, the manager should not forget that it is possible to hold an employee accountable for violation of discipline only within one month and no later than six months.

What measures are best to take?

After an employee has violated the order of work in the organization through unlawful actions, the boss can apply disciplinary action to him. The Labor Code of the Russian Federation provides for it in the form of:

Notes;

Reprimand;

Layoffs (last resort).

In practice, employers try to punish their subordinates financially. In order to avoid unnecessary troubles with the law, they do not document the person’s misconduct, because in case of incorrect actions by management, liability is also provided. The disciplinary offense is simply not recorded in writing and no order is drawn up.

If a citizen, while performing his official duties, commits an offense that affects the interests of not only the employer, but also other persons, he may be subject to punishment in the form of financial liability.

Example: an employee was hired by a company as a driver and transported construction materials to another contractor. One day he violated traffic rules and caused an accident, thereby severely damaging the car of the employer and another driver. In this case, the employee will bear full financial responsibility.

COAP

Not every boss knows what administrative punishment for an employee is, because this concept is not provided for in the law. Nevertheless, such responsibility exists for the manager himself, and it is indicated in Art. 5.27 Code of Administrative Offenses of the Russian Federation. In this case, administrative punishment can only be applied to the employer as an official by government agencies.

Arbitrage practice

A citizen was disciplined for once arriving at work at the wrong time, explaining that he could not wait for public transport. Three hours have passed since the start of the shift. Due to this circumstance, the employer decided to dismiss him, not wanting to apply any other disciplinary sanction. The Labor Code of the Russian Federation provides for termination of an agreement with an employee only for legal reasons. The employee was forced to go to court.

From the case materials it follows that the manager did not even record the fact of the employee’s absence in the prescribed form, and also did not take a written explanation from him.

In addition, less than four hours had passed since the start of work, which means that the boss simply had no grounds for dismissing a citizen for absenteeism. Also, the manager illegally collected a fine from the employee for late submission of the report, which is completely contrary to the norms of the Labor Code.

The court in its decision indicated that administrative and disciplinary liability are completely inconsistent with each other and relate to different areas of legislation. Therefore, the manager did not have the right to impose a fine on the employee. In addition, the very fact of terminating the employment relationship with the employee was unlawful. The citizen was reinstated at work with compensation.

Therefore, we can distinguish three type of disciplinary offenses:

culpable violation by an employee of technological standards ( technological);
culpable failure or improper compliance by the subject of labor law with the norms of subordination and coordination in the process of labor management ( managerial);
culpable failure by the subject of the labor relationship to comply with the rules governing working time and rest time ( sensitive, i.e., violating the “working hours” - Art. 100 Labor Code of the Russian Federation).

The type of disciplinary offense influences the procedure for establishing circumstances indicating non-fulfillment or improper compliance by an employee with his work duties.

Thus, when producing defective products, the employee’s guilt 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 working hours). The investigation of managerial misconduct involves identifying the person responsible for the employee’s failure to comply with the legal order of the head of the production process.

Labor discipline - an indispensable component of any labor relationship. We’ll tell you today what this term is, what it means to follow labor discipline, and what responsibility for labor misconduct is provided for by law.

The concept of labor discipline

Labor discipline- this is the most important element of the relationship between employer and employee, which is represented by 2 components.

the employer’s activities in developing and adopting internal labor regulations, job descriptions and other local documents that determine the behavior of employees in the workplace and during the performance of work duties;
worker behavior aimed at compliance with established rules and labor standards.

Local labor regulations can coordinate:

procedure for hiring and termination of employment relationships;
working hours (duration of the working week, working day, availability of breaks and weekends);
list of positions with irregular working hours;
duration of the vacation period for different categories of employees;
procedure and terms of salary payment;
measures to reward and punish employees.

At the same time, the employer is required to create conditions for employees to comply with labor discipline. Such actions, among others, may include:

reward for good work;
application of disciplinary sanctions for misconduct.

Labor discipline and legislation

Legislative basis for the rules on labor discipline concentrated in the Labor Code of the Russian Federation. The Code contains a separate chapter devoted to labor discipline (Chapter 30). It defines the basic requirements for incentive measures for employees, types of disciplinary sanctions, the procedure for applying and lifting disciplinary punishment in relation to different categories of workers. In addition, the norms of the code describe violations of labor discipline that may result in dismissal, as well as the procedure for documenting these violations.

The peculiarities of the application of the requirements of the Labor Code were commented on by the Supreme Court of the Russian Federation in the resolution of the plenum “On the application of the Labor Code by the courts of the Russian Federation” dated March 17, 2004 No. 2.

In addition to the main regulatory act - the Labor Code - issues related to labor discipline are covered in separate laws regulating various types of professional activities. Among them:

Federal Law “On Railway Transport in Russia” dated January 10, 2003 No. 17-FZ (Article 26 “Labor discipline in railway transport”).
Federal Law “On state regulation in the field of mining and use of coal, on the features of social protection of employees of coal industry organizations” dated June 20, 1996 No. 81-FZ (Article 25 “Providing labor disciplines»).
Federal Law “On the Central Bank of the Russian Federation” dated July 10, 2002 No. 86-FZ (Article 88).

Regulatory documents on labor discipline include the entire list of internal documents of the organization that establish the procedure for the activities of both the entire team and individual officials. These undoubtedly include local labor regulations, collective agreements, and job descriptions.

What is violation of labor discipline

Violation of labor discipline consists of non-compliance or insufficient compliance with legislative norms and internal labor regulations. Moreover, the employee’s actions must be either intentional or careless. That is, there is always a guilty component. If the violation of labor duties was a consequence of the employee’s insufficient qualifications or the lack of normal working conditions, that is, it did not depend on the will of the employee, it is impossible to speak of non-compliance with labor discipline.

An approximate list of labor offenses is provided for by the Labor Code (for example, Article 81) and in the resolution of the plenum of the Armed Forces of the Russian Federation No. 2 (clauses 34-44). Moreover, the resolution of the plenum does not contain a banal enumeration of types of violations of labor discipline - it explains which situations can be considered such violations and which cannot.

Failure to comply with labor discipline is unpleasant due to its consequences, which consist in the imposition of various disciplinary sanctions on the employee, depending on the severity of the violation committed, the primacy of the offense or the regularity of non-compliance with labor rules, and the circumstances of the violation. The Labor Code provides for the following types of punishment:

comment;
rebuke;
termination of the employment contract.

For certain groups of workers, laws, charters and discipline regulations may provide for other types of disciplinary sanctions. For example, in accordance with Art. 15 of the Federal Law “On the Constitutional Court of the Russian Federation” dated July 21, 1994 No. 1-FKZ, a judge of the Constitutional Court may be subject to disciplinary sanctions in the form of:

warnings;
termination of powers.

The Labor Code of the Russian Federation prohibits the use of disciplinary sanctions not provided for by laws, charters or regulations.

Violation of labor regulations and disciplinary liability in the form of dismissal

The most significant punishment applied for violation labor disciplines- dismissal “under article”. The fact is that a note on disciplinary action in the form of dismissal is entered in the work record book, and dismissal for violation of labor discipline can forever ruin a professional biography.

However, dismissal for labor misconduct is possible only if, in the presence of a disciplinary sanction (remark or reprimand), a violation is committed again. Another reason for dismissal is a single, but significant and gross violation of labor discipline.

Gross labor violations include:

absenteeism;
alcohol, drug or toxic intoxication in the workplace;
disclosure of state secrets, commercial or official secrets, personal data of employees, if the employee has undertaken not to disclose them;
committing theft (regardless of the size), embezzlement, intentional destruction or damage to property in the workplace, the fact of which is established by a court verdict, a judge’s decision or a government agency considering administrative offenses;
violation of labor protection requirements, due to which an accident, catastrophe, industrial accident occurred or there was a real threat of such incidents;
loss of trust on the part of management in an employee working with material assets as a result of the employee’s guilty actions;
immoral act of a teacher;
a single significant labor violation on the part of members of the organization’s management team;
forgery of documents by an employee when applying for a job;
loss or destruction of property as a result of an unjustified decision by the management of the enterprise;
in other legally established cases.

Procedure for applying disciplinary sanctions

The procedure for punishing an employee for a violation of labor duties and discipline is subject to strict rules.

Before imposing a penalty, you must obtain an explanation from the employee about what happened. The employee is given 2 days to explain. If it is not received within this time, the employer draws up an appropriate report about this. The absence of explanations does not prevent the employee from being punished.
Punishment must be applied to the violator no later than 1 month from the date of discovery of the offense, excluding periods of illness and vacation of the guilty employee, as well as time to express the opinion of the trade union.
A disciplinary sanction cannot be imposed after six months from the date of the incident, and if an audit or audit is required - after 2 years. These deadlines do not include the time required to conduct a criminal case.
A single disciplinary sanction may be imposed for one labor violation.
The employee must be familiarized with the management's order to impose a penalty against signature within 3 working days, with the exception of the time the worker is absent from the workplace. A corresponding act is drawn up regarding the refusal to familiarize yourself with the order.
The penalty is lifted after a year, provided that there are no new labor violations or other disciplinary sanctions. The manager, by his decision, can lift the penalty earlier on his own initiative, at the request of the employee himself or his immediate superiors.

Features of disciplinary liability of the organization's management

Disciplinary sanctions can also be imposed on the management of the organization, including the director and his deputies. In accordance with the Labor Code of the Russian Federation, an employer, having received a message from a trade union about violation of labor duties by management, is obliged to consider it and make a decision.

If a labor violation on the part of the head of the enterprise is confirmed, he must be subject to disciplinary punishment.

The following may act as an employer for a director:

founders of the organization;
Board of Directors;
meeting of shareholders;
another governing body that previously made a decision to appoint a director to the position.

Thus, punishment for violation of labor discipline can be imposed both on ordinary employees of the company and on the management of the organization. However, the application of these sanctions must strictly comply with labor legislation.

Labor discipline is mandatory for an employee. Often the final result of the work, quality and economic indicators depend on it. But this does not mean that the employer sets the rules himself. There are mandatory requirements for the parties to fulfill, which constitute the rules of labor discipline.

Labor discipline is the employee’s compliance with generally binding rules of conduct defined by the Labor Code, additional agreements, collective agreements and other regulations, and the creation by the employer of appropriate conditions.

Responsibilities of employees and labor discipline

General responsibilities of employees are determined by the Labor Code and include:

fulfillment of assigned duties
compliance with internal labor regulations
compliance with labor protection requirements
careful attitude of the employee towards the property of employees and the enterprise

In addition, each employee must qualitatively and conscientiously perform professional duties defined by the contract, regulations and job descriptions.

Labor responsibilities are fixed in the employment contract and additional agreements thereto. As well as internal labor regulations, collective labor agreements, and regulations on bonuses for employees. An employee can be required to comply with labor discipline and perform assigned duties only if the employee is familiar with the relevant document against signature.

Responsibilities of employers aimed at ensuring labor discipline

The employer also has a certain range of responsibilities for ensuring labor discipline:

creating conditions for the employee to perform job duties
ensuring labor protection
supply of necessary equipment and tools
providing equal opportunities for remuneration of employees
full and timely payment
encouragement for conscientious performance of labor duties and punishment for their violation
compulsory social insurance for all employees
compensation for damage caused during the performance of duties by an employee

One of the mandatory local acts is the Internal Labor Regulations. They are approved by the employer, but the provisions of the Rules must not contradict the mandatory requirements and rules.

Encouragement as a method of ensuring labor discipline

Labor legislation defines two main methods of ensuring discipline: encouragement and punishment.

Encouragement is public recognition of an employee’s professional merits, the provision of public honor, and awards. This method can be applied both to an individual employee and to the work team as a whole.

For conscientious performance of duties, the Labor Code of the Russian Federation provides for the following types of incentives:

bonuses
announcement of gratitude
awarding a certificate of honor
rewarding with a valuable gift
nomination for the title of best in profession

Other types of incentives may be provided for by internal regulations, collective agreements, enterprise charters and other regulations.

For special labor services to the state, an employee may be nominated for a state award. An entry about employee incentives is made in the work book.

Violation of labor discipline

An employee often faces violations of his labor rights, mainly in non-state owned organizations. The most common of them are: the use of unauthorized penalties, illegal dismissals of employees, non-payment or partial payment of wages, payment to employees of amounts that do not correspond to accounting documents, failure to provide regular vacations or provision without pay, non-payment of benefits for temporary disability, and so on.

An example of such a violation is the arbitrary imposition of penalties on an employee by an employer at a time when the regulatory acts of the enterprise do not provide for such an impact.

Responsibility for violation of labor discipline

Violators are subject to disciplinary action through disciplinary action. The basis for such involvement is the employee’s misconduct.

A disciplinary offense is an unlawful intentional or unintentional failure to perform or improper performance of duties by an employee.

According to the Labor Code of the Russian Federation, these include:

comment
rebuke
dismissal

Such a list is exhaustive and cannot be supplemented by internal regulations or, with the exception of a certain category of employees who are subject to discipline provisions and charters. For example, a law enforcement officer who is subject to disciplinary action may receive a warning about incomplete performance, a reduction in class rank, or lose his badge.

The application of liability measures to an employee for violation of labor discipline must be justified and carried out in accordance with established rules.

An order from the employer is issued to impose a disciplinary sanction. After conducting an internal investigation and drawing up the appropriate. Employees may appeal any disciplinary action by filing a . In case of violation of labor discipline, compliance with the rules for bringing to responsibility is very important, and the employee can use methods for the slightest violations.