26.11.2008
Battalova Yu.D.
In case of non-fulfillment or improper fulfillment by the employee of his labor duties through his fault, disciplinary measures (Article 192 of the Labor Code) and disciplinary measures may be applied to him.
For violation labor discipline the administration of an enterprise, institution, organization applies the following disciplinary sanctions:
rebuke;
severe reprimand;
dismissal.
It is not allowed to apply disciplinary sanctions that are not provided for in the Labor Code of the Russian Federation, other laws, charters and regulations, and the use of a different procedure for their imposition, not provided for by the mentioned legal acts.
Dismissal as a disciplinary sanction may be applied for systematic failure workers or employees without good reason of the duties assigned to him by the employment contract or internal labor regulations, if measures of disciplinary or social punishment were previously applied to the worker or employee, for absenteeism (including for absence from work for more than 4 hours during the working days) without good reason, as well as for appearing at work in a state of intoxication, in other cases provided for in Article 71 of the Labor Code.
Absence from work without a valid reason throughout the working day is considered absenteeism.
Similarly, workers and employees who were absent from work for more than 4 hours during the working day without good reason are considered truants, and the same measures of responsibility are applied to them as established for absenteeism.
For absenteeism (including absence from work for more than 4 hours during a working day) without a valid reason, the administration of an enterprise, institution, organization applies one of the following measures:
disciplinary sanctions provided for in Article 192 of the Labor Code of the Russian Federation;
reduction, within the limits established by current legislation, of the amount of a one-time remuneration for length of service (for work experience in a specialty in a given organization) or deprivation of the right to receive a percentage bonus for length of service for up to three months at enterprises, institutions and organizations where payment is established lump-sum remuneration or percentage bonuses to wages for length of service. For workers and employees who have taken absenteeism without good reason, the next vacation in the corresponding year may be postponed.
Regardless of the application of disciplinary or social penalties, a worker or employee who has committed absenteeism (including absence from work for more than 4 hours during the working day) without good reason or who has appeared at work in a state of intoxication, is deprived of the production bonus in whole or in part. The amount of remuneration may be reduced to him based on the results of the annual work of the enterprise, organization, or remuneration may not be paid at all. Incentive measures to an employee who has been subject to disciplinary action, do not apply.
Disciplinary sanctions are applied by the head of the enterprise, institution, organization, as well as other officials, the list of which is established by the employer.
Administration of an enterprise, institution, organization has the right to instead of applying a disciplinary sanction, refer the issue of violation of labor discipline to the consideration of a representative body of workers, a comrades' court or a public organization.
The representative bodies of workers show strict comradely demands on workers who perform their labor duties in bad faith; apply to members of the team for violation of labor discipline measures of public punishment (comradely remark, public reprimand); submit materials on violators of labor discipline for consideration by comrades' courts; raises questions about the application to violators of labor discipline of measures of influence provided for by law. At the same time, if the labor collective applied disciplinary measures against the employee, then the administration no longer has the right to demand tougher measures and the application of disciplinary measures to the employee.
Prior to the imposition of a penalty, an explanation in writing must be requested from the violator of labor discipline. The employee's refusal to give an explanation cannot serve as an obstacle to the application of a penalty, but must be recorded by an Act signed by at least two people. Currently, the request for a written explanation from the violator is a prerequisite. If the employer did not offer to give written explanations, did not draw up an act of refusal to give such explanations, but immediately imposed a penalty, then the requirements of the law were not met, and the penalty could be canceled by the labor dispute resolution body. In contrast, when applied to an employee disciplinary action(for example, deprivation of a bonus, cancellation of a preferential voucher, etc.) reclamation of written explanations by the current legislation is not established.
Disciplinary sanctions are applied immediately after the discovery of a misconduct, but not later than one month from the date of its discovery, not counting the time of illness or stay of the employee on vacation.
Disciplinary action cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, an audit of financial and economic activities, an audit - later than two years from the date of its execution. The above time limits do not include the time of criminal proceedings.
For each violation of labor discipline can be applied only one disciplinary action. Art. 193 of the Labor Code of the Russian Federation proceeds from the fact that more than one disciplinary sanction for each misconduct cannot be imposed. In other words, if, for example, an employee was reprimanded for being late, and the next day they decided to toughen the measure of responsibility for the same delay - they announced a severe reprimand to him, then this is a violation of Art. 193 of the Labor Code of the Russian Federation. On the other side, disciplinary measures can be combined with disciplinary measures(with one or even several). So, if an employee was severely reprimanded for absenteeism without good reason, deprived of his bonus for the quarter and postponed his vacation to another time, then such an order complies with the law (since there is only one penalty in this order: a strict reprimand).
When applying a penalty, the severity of the misconduct committed, the circumstances under which it was committed, the previous work and the behavior of the employee should be taken into account.
An order (instruction) on the application of a disciplinary sanction, indicating the motives for its application, is announced (reported) to the employee subjected to the sanction, against receipt within three days.
The order (instruction), if necessary, is brought to the attention of the employees of the given enterprise, institution, organization.
If within a year from the date of application of the disciplinary sanction, the worker or employee is not subjected to a new disciplinary sanction, then he is considered not to have been subjected to disciplinary sanction.
The administration of the organization on its own initiative or at the request labor collective may issue an order (instruction) to lift the penalty without waiting for the expiration of the year, if the worker or employee has not committed a new violation of labor discipline and, moreover, has shown himself to be a good, conscientious worker.
The representative body of employees has the right to withdraw the penalty applied by it ahead of schedule, before the expiration of a year from the date of its application, as well as to petition for the early removal of a disciplinary sanction or the termination of other measures applied by the administration for violation of labor discipline, if a member of the team did not allow a new violation of discipline and showed yourself as a conscientious worker.
In accordance with Article 81 of the Labor Code of the Russian Federation, termination employment contract at the initiative of the employer, it is possible in the following cases: inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification (clause 3, paragraph b); repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction (clause 5); a single gross violation by an employee of labor duties (clause 6); commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work (clause 8);
By virtue of subparagraph b of paragraph 3 of Article 81 of the Code, dismissal on this basis is permissible, provided that the inconsistency of the employee with the position held due to his insufficient qualifications is confirmed by the results of the certification conducted in the manner prescribed by federal law or other regulatory legal act, or in the order fixed in the local normative act organizations. With this in mind, the employer is not entitled to terminate the employment contract with the employee on the above grounds, if this employee was not assessed or the certification commission came to the conclusion that the employee is suitable for the position held. At the same time, the conclusions of the attestation commission on the business qualities of the employee are subject to evaluation in conjunction with other evidence in the case.
An analysis of paragraph 5 of Article 81 of the Code allows us to conclude that the employer has the right to terminate the employment contract on this basis, provided that the employee previously, a disciplinary sanction was applied and at the time of repeated non-fulfillment by him without good reason of labor duties, it was not removed and not repaid.
The application of a new disciplinary sanction to an employee, including dismissal under paragraph 5 of Article 81 of the Code, is also permissible if failure to perform or improper performance through the fault of the employee of the labor duties assigned to him continued, despite the imposition of a disciplinary sanction.
At the same time, it must be borne in mind that the employer has the right to apply a disciplinary sanction to the employee even when, before committing the misconduct, he filed an application for termination of the employment contract on his own initiative, since labor Relations in this case, they are terminated only after the expiration of the notice period for dismissal.
If the imposition of a disciplinary sanction is appealed by the employee to the court and the court finds that the disciplinary sanction was imposed in violation of the law, this conclusion must be motivated in the decision with reference to the specific norms of the law that are violated.
When terminating an employment contract under paragraph 5 of Article 81 of the Labor Code of the Russian Federation, the employer must establish exactly that the violation committed by the employee, which was the reason for dismissal, actually took place and could be the basis for terminating the employment contract, and must also comply with the rules of Art. 193 of the Labor Code of the Russian Federation.
It should be borne in mind that:
month to impose a disciplinary sanction, it must be calculated from the day the misconduct was discovered;
the day the offense was discovered from which the monthly period begins, the day is considered when the person to whom the employee is subordinated by work (service) became aware of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions;
within a month for disciplinary action does not count the time of illness of the employee, his stay on vacation, as well as the time required to comply with the procedure for taking into account the opinion of the representative body of employees(Part three of Article 193 of the Labor Code of the Russian Federation); the absence of an employee from work for other reasons, including in connection with the use of rest days (days off), regardless of their duration (for example, with a rotational method of organizing work), does not interrupt the course of the specified period;
all holidays provided by the employer in accordance with the current legislation, including annual (basic and additional) holidays, holidays in connection with studying at educational institutions, holidays without saving wages.
It should be borne in mind that the employee’s failure to perform labor duties without good reason is the failure to perform or improper performance due to the fault of the employee of the labor duties assigned to him (violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules etc.).
Such violations include, in particular:
absence of an employee without good reason at work or workplace.
At the same time, it must be borne in mind that if the specific workplace of this employee is not stipulated in the employment contract concluded with the employee, or the local regulatory act of the employer (order, schedule, etc.), then in the event of a dispute over the issue of where the employee is obliged to be in the performance of his labor duties, it should be assumed that, by virtue of part six of Article 209 of the Code, the workplace is the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control employer;
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 internal labor regulations in force in the organization (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 in the essential terms of the employment contract is not a violation of labor discipline, but serves as a basis for terminating the 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 73 of the same Code ;
refusal or evasion without good reason from medical examination of workers of certain professions, as well as the refusal of an employee to pass work time special training and passing exams on labor protection, safety precautions and operating rules, if this is a prerequisite for admission to work.
The dismissal of an employee at the initiative of the employer is also allowed if the employee commits an immoral offense that is incompatible with the continuation of this work (clause 8 of article 81 of the Labor Code of the Russian Federation).
On this basis, it is allowed to dismiss only those employees who are engaged in educational activities, including teachers. educational institutions, and regardless of where the immoral offense was committed: at the place of work or at home.
If guilty actions that give rise to a loss of confidence, or an immoral offense are committed by an employee at the place of work and in connection with the performance of his labor duties, then such an employee may be dismissed from work (accordingly, under paragraph 7 or 8 of Article 81 of the Labor Code of the Russian Federation) subject to compliance the procedure for applying disciplinary sanctions established by Article 193 of the Code.
However, given that the termination of the employment contract under paragraphs 7 and 8 of Article 81 of the Labor Code of the Russian Federation can also be carried out in the case when the guilty actions that give rise to the loss of trust, or, accordingly, an immoral offense are committed by the employee not at the place of work and not in connection with the performance by him employment duties, dismissal in this case is not a measure of disciplinary sanction, the application of which is conditioned by the terms established by the Code, since, by virtue of the first part of Article 192 of the Code, disciplinary sanctions are applied only for non-performance or improper performance by the employee through his fault of the labor duties assigned to him. At the same time, when considering cases on the reinstatement of persons dismissed on these grounds, the courts take into account the time that has elapsed since the commission of an immoral offense or guilty actions of an employee in whom confidence has been lost, his subsequent behavior and other specific circumstances that are important for correct dispute resolution.
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Internal regulations are approved at each enterprise. This document is considered a kind of instruction for employees, which spells out all the features of the work procedure - from the number of working hours to the procedure for calculating bonuses or disciplinary sanctions. Often employees violate these rules. What threatens non-compliance with the rules of labor regulations for employees and are the actions of the employer lawful in cases of fixing violations?
What is labor discipline?
Labor discipline is a set of rules developed by the enterprise in order to optimize the workflow. It is based on the duties of each employee prescribed in the legislation.
Article 21 of the Labor Code of the Russian Federation “Basic rights and obligations of an employee:
“The employee must:
- conscientiously fulfill their labor duties assigned to him by the employment contract;
- observe the rules of internal labor regulations;
- observe labor discipline;
- comply with established labor standards;
- comply with the requirements for labor protection and ensuring labor safety;
- take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;
- immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property)”.
In addition to the basic requirements, the rules of labor discipline may also indicate other duties of employees related to the specifics of the work of each organization. These include: compliance with corporate ethics, keeping commercial secrets, violation of subordination, etc. In the event of a single violation of the schedule, an employee may be subject to disciplinary action as provided by law. Its type depends on the severity of the offense. The main violations of labor discipline include:
- non-compliance with labor protection rules resulting in an accident at work;
- absenteeism or systematic tardiness;
- appearing at work in a state of intoxication;
- immoral acts;
- theft work or personal property of employees;
- intentional failure to perform duties or performance of them not in accordance with in full;
- falsification of legal documents;
- ignoring orders leader.
In private enterprises, the issue of choosing a disciplinary sanction is decided directly by the head. Punishment is considered the right of the leader, but not an obligation. Therefore, the employer independently decides on the appropriateness of imposing a disciplinary sanction. Systematic violation of labor discipline is considered as gross non-compliance with the rules and provides for more severe penalties, up to and including dismissal of the employee.
Types of disciplinary sanctions and their application
Disciplinary sanctions are aimed at improving the quality and organization of work. On the basis of an employment contract, employees are obliged to strictly comply with all requirements, since in case of violation of labor discipline in accordance with the Labor Code of the Russian Federation, the employee may be subject to penalties regulated by law.
“For the commission of a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:
- comment;
- dismissal for appropriate reasons.
A disciplinary offense will be considered a misdemeanor committed only through the fault of the employee. The employer is obliged to require the implementation of all the rules only if the enterprise provides all the conditions for this. at the same time, each employee must be familiarized with the labor schedule, labor protection rules and his official duties, which is confirmed by his personal signature.
Article 81. Termination of an employment contract at the initiative of the employer
“The employment contract may be terminated by the employer in the following cases:
- repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction”.
Article 192 of the Labor Code of the Russian Federation. Disciplinary sanctions
“Disciplinary sanctions, in particular, 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 this Code, as well as paragraph 7, 7.1 or 8 of the first part of Article 81 of this Code 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.
When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.
Disciplinary action may be taken based on memorandum. If the employer considers this an insufficient reason, then he can initiate disciplinary proceedings with the participation of the labor collective. The result of the meeting of the commission will be an act with a decision on the type of disciplinary punishment.
Examples of violation of labor discipline
Practice knows many examples of violations of labor discipline. Most of them relate to non-gross offenses and are often limited to verbal remarks.
For example, worker Ivanov. A.A. violated the work schedule by showing up to work an hour later than the scheduled time without a good reason. In this case, the employer may limit himself to an oral warning, which is issued in the form act of disciplinary offense. With systematic delays, Ivanov A.A. may be reprimanded, however, the law does not allow a reprimand immediately after the first offense.
A reprimand may result, for example, in the failure to fulfill his official duties by the warehouse manager V.V. Petrov, which entailed financial losses for the enterprise in the form of a failure to sign an agreement with suppliers. An employee may be issued regular or strict reprimand(at the discretion of the employer).
A one-time violation, entailing dismissal, may be the appearance of an employee at the workplace in a state of intoxication, theft of official property, or actions that provoked an accident or accident at work.
Any decision on disciplinary action may be appealed by the employee in court. Then there will be help professional lawyer competent in matters of labor legislation of the Russian Federation.
At first glance, a violation of labor discipline is a trifle compared with the losses from not meeting the sales plan or growing receivables. In fact, violation of labor discipline is a serious misconduct, due to which disciplinary sanctions may be imposed on the employee.
Labor discipline- this is a set of rules of a certain company, which absolutely all employees, both ordinary employees and superiors, must comply with. Restrictions may relate to corporate ethics, labor protection and internal regulations.
An important point is that the owner of the organization must not only create and approve a set of rules, but also take care of creating conditions for their proper implementation. If the employer does not create favorable conditions for the observance of labor discipline, the responsibility in case of violations lies with him, and not with his subordinates.
In accordance with the Labor Code of the Russian Federation, an employee is obliged to:
- comply with the rules in force in the company;
- take care of the conscientious performance of official duties;
- remember about the rules of labor protection, internal labor regulations and comply with all norms;
- operate in accordance with the Trade Secret Regulations and the requirements of other normative documentation adopted by the company;
- take care of the integrity of the property of the organization;
- immediately inform the manager about the occurrence of threats to life and health at the enterprise.
If an employee of the company violates any of the items listed above, he does not comply with labor discipline.
Types of violation of labor discipline
Failure by an employee to fulfill his/her job duties may be different character. Violations can be divided into the following criteria:
- place;
- terms and time;
- volume;
- the form;
- way;
- subject.
Exist three types of violations of labor discipline by an employee:
- technological, or failure to comply with technological rules and regulations;
- regime, when an employee violates the working regime and rest time;
- managerial, in which the employee violates the subordination and coordination in the management of labor.
It is necessary to distinguish between types of violations of labor discipline. For example, if an employee releases defective goods during the production process, this is a technological disciplinary offense. Absenteeism is considered a violation of the operating mode of the enterprise. In order to establish the causes of violations of labor discipline, investigations are carried out in companies with the collection of relevant documentation.
Legislatively, violations of labor discipline are divided by objects. The main violations of labor discipline are usually Situations are considered in which the employee:
- is constantly late for work in the morning and after a lunch break, goes home earlier than the set time;
- violates the rules of labor protection, which may lead (or has already led) to an accident or accident;
- appears at work in an improper form: under the influence of alcohol, drugs, toxic intoxication;
- skips a working day;
- steals or squanders work property, damages equipment and other valuables belonging to the company, poorly performs his labor duties;
- refuses to undergo a medical examination or improve the level of qualification (training);
- discloses company trade secrets;
- acts immorally;
- ignores employer orders;
- violates subordination;
- deliberately fails to comply with the requirements prescribed in the orders or job description;
- participates in activities that undermine the authority of the employer.
There are gross violations of labor discipline, which should be mentioned separately. These are cases when an employee appears at work in a state of intoxication, periodically or in a row skips days, steals the property of the enterprise, forges documents.
There are also disciplinary offenses when the employee also violates labor discipline. It should be noted that financial responsibility and disciplinary offense are two different things. Liability may arise or continue even after the end of the working relationship with the employee, if the person caused damage to the organization while being on its staff.
Violation of labor discipline situations in which the employee refuses are not:
- carry out assignments not related to the performance of labor duties, if this is not a production necessity (for example, if an employee does not go to perform agricultural work, there is no violation of labor discipline in this);
- work on weekends and holidays (exceptions are cases mentioned in labor legislation);
- perform public duties in the process work activities;
- perform overtime work.
Violation of labor discipline occurs only when the employee himself is to blame for the situation. If a person was unable to fulfill his labor duties due to reasons beyond his control due to valid circumstances (we are talking about poor working conditions and organization, insufficient qualifications), this is not his fault.
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What causes violations of labor discipline by an employee
All causes of violations of labor discipline can be divided into three groups.
Production and technological:
- difficult working conditions associated with social, organizational, sanitary and hygienic circumstances;
- illiterate work schedule, violation of the labor regime and rest time;
- inability to complete the task, justification for solving a particular problem;
- the need to make adjustments to the work of other employees;
- insufficient remuneration, low wages.
Social:
- bad atmosphere in the team;
- the need to work according to unacceptable traditions;
- problems related to social services;
- own opinion regarding a particular problem;
- unacceptable leadership style;
- not taking into account additional factors (for example, how the results of tasks performed affect the career growth of an employee);
- adherence to the opinion formed in the team.
Personal:
- family problems;
- poor level of training, insufficient qualifications and knowledge;
- lack of correspondence between character traits and job professional requirements;
- difficulties associated with a quick switch to another type of activity;
- difficulties associated with the mobilization of opportunities and internal reserves;
- lack of sympathy for the employer due to the unreasonable behavior of the latter, his low qualification, poor moral qualities;
- fear of independent solution of tasks (if this factor is present, a stronger colleague should be assigned to the employee and instructed to work in pairs, make changes in duties, transfer to another department).
Factors contributing to the emergence of problems may be associated with the team, and with insufficient organization of labor obligations, and with the contractor, and with the employer. When looking for the causes of certain problems, all circumstances should be taken into account for an objective assessment of the situation.
How to deal with violations of labor discipline in the country with the highest labor productivity
In Japan, the workflow in companies is organized in a very peculiar way. Here are some of the rules that apply in Japanese companies for employees.
Employees of Japanese enterprises are fined, even if the delay time is only 1 minute (!). If the employee is late, he writes an explanatory note, indicating the reason. If a person is late several times, even for 1 minute, the employer has the right to issue him a fine for violation of labor discipline, the amount of which is equal to the amount of wages per day. Fines for violation of labor discipline can be more than $100.
Employees must record what time they came to work. There are special sheets of paper and devices for this. Employees of firms in Japan note leaving the workplace, the time at which computers are turned on and off. If an employee leaves the company during the working day for any reason (naturally, personal circumstances are not even considered), this is also recorded.
Duration lunch break is 1 hour. If the specified time is exceeded, the employee is issued a fine for violating labor discipline. If a person goes to lunch large quantity once, than it should be, he is included in a special list and reported on the situation to the head.
Organizations in Japan have quite strict control over the sending of messages and emails. Correspondence of employees is entered into a special archive, and management can view it at any time. In addition, Japanese firms employ employees whose powers include the creation of secret snapshots (screenshots) of screens. personal computers members of the organization. All received images are stored on servers. The same goes for incoming and outgoing mail. For Japanese subordinates, the norm is that the manager has the right to read business letter sent to the employee, and only then transfer it to the employee. Telephone conversations are being wiretapped, during which, of course, employees do not allow personal conversations. During working hours, subordinates can only conduct business negotiations.
Workers in enterprises in Japan are very disciplined. Moreover, they can willingly stay after a hard day, go out on their day off on their own initiative. Such actions on the part of subordinates, of course, are encouraged by management, and in the event of disputes or conflicts, employers remember the "points" earned by the employee. The case may also concern career development and advancement in the organization.
If a subordinate needs to leave work during the day for personal reasons, this issue must be agreed with the management in advance, two or three days in advance, and appropriate permission must be obtained. Of course, subsequently, the time at which the employee was not in place must be worked out.
There are practically no vacations and sick days for employees of Japanese enterprises. Often, employees, ill, go to work and perform their job duties. If it is not possible for a sick person to come to work, he must provide a medical certificate, which will then help to receive part of the salary (no more than 60%). Employers often call a sick person, check where the employee is in this moment. Maybe the employee deceived the management and went on vacation?
Upon closer examination of the daily routine and habits of employees of Japanese enterprises, the conclusion involuntarily suggests itself: employees either cannot fully relax for a long time, or they simply do not have the opportunity to do so.
What is happening in Russia? The morning starts with tea. People discuss the news with colleagues and only then reluctantly begin to fulfill their labor obligations. And everything would be fine, but after a thorough analysis of the working time, the experts made certain conclusions. About 50% of the time company employees spend on personal matters: having fun, talking, drinking tea. Is this the norm? The fact that the manager believes that he pays the work of the employees of his organization, and the staff - that they work effectively? Wouldn't it be better to find a job with a higher salary, if the salary does not meet the requirements of the employee, to receive more money, but at the same time devote yourself fully to business?
Being late is a very common situation. Of course, sometimes this happens for good reasons, but why not work off the missed time? At the moment, in many companies in our country, you can see the following picture: employees play computer games, giving the appearance of violent activity. An employee may be passionate about playing solitaire, playing games, watching a movie. If suddenly a person realizes that the management is following him, he immediately switches to a working page or document. At the same time, any boss should be aware that it is better to take the place of an employee in difficult situations. life situations and sometimes go forward to improve the work process and the climate in the team.
What penalties can be applied for violation of labor discipline under the Labor Code of the Russian Federation
In accordance with the Labor Code of the Russian Federation, an employee of an organization is obliged to observe discipline, and he must be familiarized with the rules in advance against signature. Before fulfilling labor obligations, the employee reads the requirements and job descriptions. There is labor discipline and responsibility for its violation. The employer has full authority to choose the penalties applied for violation of labor discipline at its discretion. It all depends on how serious the action committed by the subordinate.
Mandatory conditions for the onset disciplinary responsibility following.
- Violations of labor discipline include a situation in which the employee is really to blame. If the employee is not guilty, disciplinary sanctions for violation of labor discipline in relation to him are impossible. Here is an example: the seller sold a phone in which the buyer discovered a hidden breakdown, and the store administrator applied a penalty against the subordinate. Such actions on the part of management are wrong, because about hidden defects the seller didn't know.
- Another mandatory condition for employee liability is failure to perform or improper performance of labor duties. We are talking about the obligations prescribed in the document on the internal regulations in the organization and the employment contract. If an employee violated the regime, fulfilled his obligations in bad faith, came to the enterprise in a state of intoxication, thereby he violated discipline.
If at least one of the above conditions is absent, there is no violation of labor discipline.
The Labor Code of the Russian Federation provides two types of discipline employees. This is:
- general, provided for by the Labor Code of the Russian Federation and the norms prescribed in the internal labor regulations of the organization;
- special, provided for by the regulations on discipline for certain groups of employees.
Article 192 of the Labor Code of the Russian Federation states that the employer has the authority to apply the following disciplinary action:
- comments;
- reprimand;
- dismissals on certain grounds.
Comment will not result in unpleasant consequences for the employee of the enterprise. But, if he commits another misconduct, this can be considered by the manager as a permanent violation of labor discipline at the enterprise.
Rebuke for violation of labor discipline is a more serious punishment.
The most extreme measure dismissal for violation of labor discipline. It is applied to an employee who grossly violated the charter of the enterprise, allowed immoral behavior at the place of work, and did not fulfill his official duties.
It is important that one offense provides for only one measure of punishment for violation of labor discipline. It is also worth noting that at the legislative level it is said about certain measures in relation to an employee who has committed a particular disciplinary offense. Additional measures penalties for violation of labor discipline cannot be prescribed in the internal employment contract of the company. Penalty for it is defined only in federal laws and organization rules. No less important is the fact that the manager does not have the right to apply monetary fines for violation of labor discipline.
If an employee has not performed his job duties or performed them in bad faith, the authorities may apply a disciplinary sanction of a certain type to the person - dismissal for violation of labor discipline or reprimand. The decision to take action of one kind or another rests with CEO enterprise and the management of the department in which the subordinate works, on whose part there was a violation of labor discipline (the Labor Code of the Russian Federation provides for this). In relation to certain categories of employees, other penalties may also be applied (Articles 189 and 192 of the Labor Code - violation of labor discipline).
The boss also has the right to recover from the employee who violated labor discipline a certain amount equal to the amount of damage caused by the employee. At the same time, it should not be more than the employee's salary for a monthly period (Articles 238, 241, 248 of the Labor Code of the Russian Federation).
Disciplinary offenses in accordance with the Labor Code of the Russian Federation is:
1. Single gross violation labor duties: absenteeism (violation of labor discipline), appearance at the enterprise in a state of intoxication, disclosure of secrets of a state, official or commercial nature, violation of security requirements labor activity. Here, the manager has the right to apply any disciplinary measure and even dismiss the employee for violating labor discipline.
2. Failure to perform labor duties without good reason. Here we are talking about such an offense as, for example, being late. If you are a leader, remember: it is impossible to dismiss an employee for violating labor discipline if the misconduct was committed by him for the first time. The employer can make a remark, and if a person repeatedly commits an offense - a reprimand for violation of labor discipline. In case of repeated misconduct, the employee is dismissed for violation of labor discipline (Article 81, paragraph 5 of the Labor Code of the Russian Federation);
It is worth saying a few words about the valid reasons for which a violation of labor discipline may occur, these are:
- state of illness (it is mandatory for the employee to provide a certificate or sick leave);
- a call to government agencies or law enforcement agencies (submission of a summons or other document confirming the words of the employee is mandatory);
- rendering assistance to people, saving by an employee of property belonging to him or being in public use;
- activities of a public or state nature (for example, if an employee participates in a court hearing as a juror, disciplinary sanctions for violation of labor discipline, for example, absenteeism, cannot be applied to him);
- inability to get to the place of work due to a man-made disaster.
3. Committing guilty acts by an employee responsible for inventory items. Penalties in this case can be any, including dismissal for violation of labor discipline (in accordance with paragraph 7 of Article 81 of the Labor Code of the Russian Federation). At the same time, the penalty can be applied only to employees who bear a certain liability, for example, to, cashier, storekeeper. Penalties applied for violation of labor discipline are appropriate when, as a result of the actions of employees, management loses confidence in them.
4. Unreasonable decision taken by the head of the branch (representative office), deputy head of the organization (branch, representative office) and the chief accountant. In the event of such situations, any penalties applied for violation of labor discipline are appropriate. If you have made the decision to quit, you first need to identify a causal relationship. You must make sure that the organization has suffered losses and damages precisely because of the unreasonable decision of the responsible persons. At the same time, if such a decision was made, but did not entail negative consequences, the dismissal of an employee for violation of labor discipline (the basis is paragraph 9 of Article 81 of the Labor Code of the Russian Federation) with reference to inefficient work and dishonest performance of duties is unacceptable.
5. Gross violation by the head of the branch (representative office) or the deputy head of the organization (branch, representative office) of their labor duties. It occurs if the management caused damage to the company or harmed the health of employees. We are talking about exceeding official powers, their use for selfish purposes, the release of goods in the absence of a license, violation of labor protection requirements. The penalty can be any, including dismissal for violation of labor discipline (clause 10, article 81 of the Labor Code of the Russian Federation).
6. Submission by an employee of false documents when concluding an employment contract. In this situation, the employee should be dismissed for violation of labor discipline, based on paragraph 11 of Article 81 of the Labor Code of the Russian Federation. But if an employee presented a fake diploma of education, which is not required to work in this organization, dismissal for violation of labor discipline is unlawful.
The procedure for bringing to responsibility for violation of labor discipline
The manager chooses the penalty for violation of labor discipline at his discretion. At the same time, the employer has the right not to use this or that measure of punishment, but to verbally express dissatisfaction to the subordinate.
Step 1.We draw up an act on the commission of disciplinary misconduct
If an employee has committed a misconduct, it is imperative to draw up an act of violation of labor discipline (two copies). The direct supervisor of the employee is responsible for this activity. Two witnesses must be present. The head sends one copy of the act to the higher authorities for making a decision on the punishment for violating labor discipline. The second copy of the act is received by the employee. The form of the act and the persons responsible for its preparation should be stated in the internal regulations of the organization.
Step 2We demand an explanation from the employee
The employee is obliged to explain why he committed this or that disciplinary offense. In this case, the written form is preferable, since the fact must be recorded. If the employee refuses to draw up the document, the act of violation of labor discipline should reflect this. The deadline for providing written explanations is two days.
Note that the refusal to write an explanatory document does not relieve the employee from responsibility and punishment for misconduct. An act of violation of labor discipline must be attached to the explanatory note. A report on violation of labor discipline from the direct supervisor of the employee is also required. All this documentation is handed over to the higher authorities to decide on the measure of recovery.
Step 3Issuing a foreclosure order
Top management should carefully study all the circumstances that accompanied the disciplinary offense, all the documentation, and only then issue an order on violation of labor discipline, sample standard type for which it is missing. There is a sample of only one type for an application for violations of labor discipline. The document is compiled in accordance with No. T-8 and No. T-8a, which were approved by the Decree of the State Statistics Committee of the Russian Federation in 2004. At the same time, it is imperative that the document contains information about a disciplinary offense, a measure of punishment for violation of labor discipline. Appropriate regulations should be attached to it.
The recovery order must contain the visas of the company's management, the management of the structural department (the direct head of the delinquent subordinate) and the management of the personnel department. According to the Labor Code of the Russian Federation, the fact of violation of labor discipline is not recorded in work book employee (the only exception is dismissal). A copy of the order may be filed with the personal file of the subordinate. It is important to familiarize the employee with the order of recovery for violation of labor discipline within three days. The employee is required to sign the documents.
Note that a reasonable justification of the penalty is necessary, and the punishment for violation of labor discipline must correspond to the severity of the misconduct.
Application of penalties for violation of labor discipline
Disciplinary sanctions for violation of labor discipline are allowed no later than one month from the moment the misconduct was discovered. This period does not include the time during which the employee was ill or on vacation. Also, the period required to take into account the opinion of the representative body of employees is not taken into account. It is important that the application of a disciplinary sanction for a misconduct cannot be carried out later than six months from the moment when the violation of labor discipline was committed.
When conducting audits and inspections (audit, financial) by authorized bodies, this period increases and amounts to two years (exceeding specified period unacceptable). This period does not include the time of criminal proceedings.
An employee of the company can appeal against the penalty for violation of labor discipline by contacting the State Labor Inspectorate or bodies specializing in the consideration of individual disputes (Article 193 of the Labor Code of the Russian Federation). If the employee, after the announcement of the penalty, is not presented with a new one within a year, it is considered that this person does not have it. The manager has all the authority to remove the penalty in accordance with the request of the employee (at his discretion).
How to early withdraw a disciplinary sanction for violation of labor discipline
According to Article 192 of the Labor Code of the Russian Federation, if an employee does not fulfill his duties or performs them in an inadequate quality, management can punish him by applying certain measures. If the superiors made a remark or reprimand to the subordinate for violating labor discipline, they can subsequently be removed according to two scenarios:
- automatically, if within a year after the penalty for violation of labor duties, the employee does not commit new misconduct;
- ahead of schedule, while the term of the disciplinary sanction has not yet expired, in accordance with the petition of the direct superiors or the representative body of employees, the request of a subordinate or the initiative of management.
If the levy is canceled automatically, no personnel documentation is required. If it is canceled early, a decision must be issued. It is worth saying that in the documentation that is drawn up when the penalty for violations of labor discipline is lifted ahead of schedule, it is necessary to indicate the data of the order on the punishment being removed (we are talking about the date and number). Early withdrawal of the penalty for violation of labor discipline can be made in a different order, depending on which party initiated it.
At the initiative of the employer
The head decides to remove the penalty and writes the corresponding order in free form with a signature. Further, the employee reads the document and also leaves his signature in it along with the date of familiarization. Registration of the order in a special journal of orders for personnel is required. The period of storage of the document is 5 years in accordance with paragraph 19 of the Order of the Ministry of Culture of the Russian Federation of August 25, 2010 No. 558.
At the request of the worker
If the initiative to lift the penalty for violation of labor discipline comes from the employee, he needs to draw up an application addressed to the manager. The document can be issued both in writing and in printed form. The application form is optional. The main thing is that it says about the motive for lifting the penalty. Further, the document is registered in the journal, and if the manager agrees to fulfill the request of the subordinate, he issues a special order.
At the request of the immediate supervisor or representative body of employees
In order for the manager to withdraw a disciplinary sanction for violating labor discipline at the enterprise, the direct supervisor of the delinquent subordinate must submit a petition. If the company has a trade union or other representative body, the chairman may submit a request to management to remove the penalty from the employee. The form of the document is arbitrary, but it is also necessary to indicate the motives for the application. If the employer agrees, an order is issued.
Violations of labor discipline: examples from judicial practice
Example 1 The dismissal of employees for absenteeism brought losses to the organization
What was the dispute? The shareholder enterprise filed a lawsuit against the head of the JSC with a demand to compensate for the losses that were caused due to the payment of benefits to dismissed employees. The employer fired some subordinates for absenteeism and made redundancy payments. The shareholder considered such actions of the director of the enterprise to be illegal and caused material harm to the company.
What did the court decide? The Court of First Instance ruled that the plaintiff's claims were partially satisfied. The head of the enterprise was obliged to compensate the shareholders for the losses. The rest of the claims in the lawsuit remained unsatisfied. The Arbitration Court of Appeal overturned the decision of the court of first instance and dismissed the firm's claim. The Arbitration Court of the Urals District agreed with this.
Example 2 Dismissal by own will excludes dismissal for absenteeism
What was the dispute? Head of the state unitary organization, guided by part 1 of article 81 of the Labor Code of the Russian Federation, fired the driver of the tanker for absenteeism. But a month before, the subordinates had submitted an application for dismissal of their own free will - the employee wrote a document and handed it over to the company's personnel department. After the person wrote a statement, he went on sick leave, having received a sick leave. At the same time, the supervisor drew up an act on violation of labor discipline, according to which the subordinate was absent from the workplace. The boss demanded a written justification from the employee, which the latter refused and was fired due to absenteeism. The work book was issued to the employee in a timely manner.
The employee filed a lawsuit to recover from the company a salary that he did not receive during the period of involuntary disability. The employee also demanded to change the wording of the reason for dismissal and compensate him for moral damage.
What did the court decide? The first instance refused to satisfy the claims, but the Court of Appeal did not consider this to be lawful. In this regard, an appeal ruling was issued by the city court in St. Petersburg, and the requirements of the dismissed employee were eventually satisfied.
Example 3: An employer must reliably keep records of the working hours of its employees
The information contained in the system of accounting for working hours cannot contradict the data of the time sheets. If one source contains one information, and another completely different one, the manager cannot prove the fact of absenteeism of the employee. The Moscow City Court could not make a definite decision on this issue.
What was the dispute? An employee of one of the organizations in the field of education, who held the position of head of the department, was fired due to absenteeism under article 81 of the Labor Code of the Russian Federation. The manager considered that the subordinate was not at the place of work for several days from 12:00 to 18:00. This information was confirmed by the data of the automated pass control system and the memos of the rector. At the same time, the employee himself did not recognize absenteeism and filed an appeal to the district court with a claim for reinstatement, payment of wages for the time of forced absenteeism and recognition of the unlawful penalty on the part of the management.
The Presidium of the Moscow City Court carefully studied the materials of the case and sent them for reconsideration to the court of first instance. It became known that on some of the days on which the plaintiff was charged with absenteeism, automated system pass control did not work. But the case materials contained timesheets signed by the plaintiff, which confirmed his presence at the place of work on the disputed days. In addition to the head of the department, the report cards were signed by other responsible persons, in connection with which the court accepted them as evidence.
How to eradicate violations of labor discipline in the company
It is worth mentioning the economic, legal, psychological methods of managing discipline in an enterprise.
Economic methods make it possible to create an environment in the company that gives employees the opportunity to satisfy the needs of a material nature and realize themselves socially.
Psychological methods allow you to organize a close-knit team where like-minded people work: they do not conflict, successfully and together achieve the goals set by the company.
Legal methods (persuasion, coercion, encouragement) can be used and applied to those employees who perform their labor duties in good faith, and those who violate discipline.
Persuasion is the main tool used by leaders who want to manage discipline effectively. With the help of competent persuasion, it is possible to achieve from the subordinate the conscientious fulfillment of the obligations assigned to him.
About what must know staff in your organization? Primarily:
- about safety regulations;
- on the norms of behavior at work and labor activity;
- about the key rules of the company.
Employees of the enterprise should also be well aware of the requirements that the Regulations on discipline contain. You should familiarize employees with the rules internal order work, and they must strictly follow them. You can draw up an employment contract, highlighting in it key points disciplinary code. This is worth doing for many reasons. Employees of your company need understand that:
- in order to maintain labor discipline in the company, you will be ready to take decisive action;
- subordinates will be held accountable for any violation;
- the severity of the punishment is directly proportional to the degree of the offense;
- in case of disagreement with the penalty for violation of labor discipline, the decision can be appealed at the legislative level.
For this reason, you need explain to your employees:
- how and for what the penalty for violation of labor discipline will be applied;
- what penalties will be applied and what conditions exist for their removal.
How to use incentive methods so that violations of labor discipline do not occur
Remember that in any company there can be not only a penalty for violation of labor discipline, but also the encouragement of employees for quality work. As a manager, you have the opportunity to award a distinguished employee:
- diploma;
- premium;
- valuable gift.
And also you can submit him to the title of the best in the profession.
In addition, for employees who perform quality work, the enterprise may have benefits: full or partial payment for trips to boarding houses, assistance in paying mortgages and other issues.
At encouraging management recognizes the merits of the subordinate and provides various benefits and benefits, raising his status in the team. It is worth motivating an employee whenever he is active and achieves excellent results at work. The reward must be significant and demonstrate to other employees how important it is to conscientiously fulfill their labor duties.
Publicity of encouragement is important. Better motivate employees good performance team work. At the same time, the administration should Special attention the structure of meetings where merit is announced. Any kind of encouragement raises the status of an employee in the organization, and in fact respect and recognition of achievements for many people is much more valuable than financial incentives. Employees of the personnel department should understand that as the promotion approaches, a person produces better performance indicators, but this moment should not be put off for a long time.
The types of incentives are mentioned in article 191 of the Labor Code of the Russian Federation. They should also be reflected in the internal labor regulations of the company. A distinguished employee can be rewarded with a prize, a valuable gift, a diploma or thank you letter. At the same time, all enterprises have the right to establish additional incentive measures. The order of their application is stated in legislative documents. The administration can coordinate the promotion with the trade union by issuing an appropriate document - a resolution or order.
If we can talk about special labor merits and feats, the employee is presented to a higher body for encouragement, and the award is accompanied by the presentation of medals, certificates of honor, badges. A distinguished employee may receive an honorary title or the title of the best in the profession in accordance with Article 191 of the Labor Code of the Russian Federation.
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.
In the process of interaction between employees and employers, many controversial issues arise. The legislation contains a number of rules governing such situations. It fixes the responsibility and procedure for imposing penalties on an employee who has committed a violation of labor discipline. The level of income and the functioning of the enterprise directly depend on the quality of the organization of activities, and the legal form does not matter.
The serious attitude of employees to their duties guarantees not only the absence of various kinds of penalties, but also incentives that are usually set by employers. The Labor Code (hereinafter in the article - the Code) obliges enterprises to approve special rules that would regulate the internal regulations. They should reflect the main aspects of the labor process. Documentary confirmation of the procedure for carrying out activities by an employee will allow, in case of non-compliance with these requirements, to apply the necessary measures of influence.
What is labor discipline?
Each enterprise is a complex mechanism, the well-functioning of which depends on the quality of work of each component part. Before proceeding to a discussion of violations, let's figure out what labor discipline is. It can be defined as a set of rules that are binding on all employees (from rank-and-file to managers), which are adopted at the enterprise. Their list includes:
- labor protection rules;
- internal regulations;
- corporate ethics.
These documents (codes, memos, etc.) are developed and approved by employers. Supervision of execution and provision of favorable conditions for compliance with the requirements are also entrusted to them. The application of penalties is lawful in case of violation of the duties established by law by an employee. The Code defines their list in article number 21. Among the duties:
- conscientious fulfillment of the terms of the employment contract;
- observance of labor discipline;
- compliance with labor protection and safety requirements;
- responsible attitude to the property of the employer, other employees and third parties (for the safety of the property of which the employer is responsible);
- performance established norms labor;
- timely notification of an emergency situation that threatens the life of employees or property of the employer.
Existing types of violations of labor discipline
If the employee fails to comply with the rules, they necessary measures to determine the cause of the incident. In most cases, violations can be divided into three large groups. They are species. Among them are:
- violations of management norms - non-compliance installed system subordination and interaction of employees (subordination);
- violations of technological standards (for example, the release of a defective batch of goods due to the fault of an employee);
- violations of regime norms - work schedule (time of rest and work, for example, absenteeism).
In case of periodic non-compliance with the established norms and the severity of the misconduct, gross violations are distinguished. These include systematic absenteeism, tardiness, appearance at the workplace in an inappropriate form (alcohol, drug intoxication), falsification of documents and other similar actions that lead to serious negative consequences. Additional characterizing parameters of improper performance of duties, by which its harm to the organization will be assessed, can be:
- place of performance;
- time and date of execution;
- scope of execution;
- form and method of execution;
- subject of execution.
Actions that violate the company's established labor regulations are called disciplinary offences. They are subject to certain penalties. Among the most common violations of labor discipline are:
- absenteeism;
- systematic lateness after a lunch break or to the beginning of the working day;
- unacceptable appearance - presence at the workplace in a state of intoxication (alcohol, narcotic or toxic);
- neglect of the rules of labor protection and safety, which led to an accident or accident;
- cases of theft of company property, its damage;
- improper level of performed obligations ( low quality, non-compliance with the established requirements);
- disclosure of trade secrets of the organization;
- non-compliance with subordination (disobedience to orders of higher employees, neglect of the hierarchy that has been established in the company);
- committing an immoral act.
Upon detection of the fact of non-compliance with the rules, an act on violation of labor discipline is drawn up. It is handled by the immediate supervisor of the employee. Two witnesses must be present during the drawing up. It is created in two copies: for the employee and for transfer to the management, which will decide on the type and amount of the penalty. The form of the act and the persons responsible for its preparation must be approved in the internal regulations.
Expert opinion
Maria Bogdanova
The Labor Code does not reflect valid or disrespectful reasons for employee misconduct, so it is very difficult to predict their consequences. Therefore, in this matter, management is based on the arguments provided by the employee (Article 193 of the Labor Code).
If a person did not appear or was late for work, valid reasons for this may be considered:
- problems with public transport;
- being in court or other law enforcement agencies;
- disease;
- emergency hospitalization of a relative,
- P fires, floods and other emergencies.
At the same time, the employee must argue in writing the reason for the absence and prove it documentarily: with a certificate, summons, sick leave etc.
What penalties can be applied to an employee?
In case of violation established rules labor employee is liable in accordance with the law. Article 192 of the Code contains a list of possible disciplinary sanctions that may be applied to him. The employer has the right to use them in accordance with the seriousness of the violation and the harm that has been caused. The list contains three valid ones:
- remark - the most insignificant penalty, which does not threaten with serious consequences; usually draw up an act of violation and fix the received remark; with systematic observations, more effective measure punishment;
- reprimand - a penalty applied when committing a misconduct (disciplinary); has two forms - strict and ordinary; entered in the order; in labor is fixed only in case of dismissal for improper work or in case of systematic violations;
- dismissal is the most radical measure applied in case of serious systematic violations that caused material or moral harm.
The management of the organization has the right to deprive the employee of the bonus if this fact is spelled out in the internal documents. For certain categories of employees, other penalties may be applied, which are specified in the relevant federal laws. For registration of violations, a general procedure is provided, which applies in most companies. The internal regulations usually prescribe the basic requirements for the process and content of the documents necessary for drawing up the act.
The procedure for issuing a penalty for violation
When drawing up internal regulations, it is necessary to provide for clauses that will reflect the procedure for imposing a penalty. In most cases, it is enough to make a list of violations of labor discipline and the corresponding penalties, indicate the persons responsible for drawing up the acts and submit the documents required for execution. After that this information communicated to employees. They must sign the act of familiarization. The collection process consists of the following steps:
- drawing up an act - responsible employees, in the presence of two witnesses, fill out an act of violation;
- getting an explanation writing the offending employee indicates the reason for his inappropriate behavior; in case of refusal to testify, a mark is placed in the order; a note with explanations is attached to the act;
- issuing an order on violation of labor discipline - the management, on the basis of the documents received, makes a decision regarding what happened; there is no approved form, but mandatory information is indicated - the content of the misconduct, the date and time of the commission, the type of penalty, documents regulating the actions of the management.
The employee must be familiarized with the order within three days (under signature). A copy of it is included in the employee's personal file. When imposing a penalty, the severity of the offense must be taken into account. They must be proportionate. In the most serious cases, where there are repeated facts of inappropriate work behavior, the only possible punishment may be dismissal for violation of labor discipline.
Expert opinion
Maria Bogdanova
More than 6 years experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology
Other an important factor when choosing a punishment in the form of dismissal, a gross violation by the employee of the rules of the work schedule or the labor process can serve, even if this happened for the first time.
In general, when dismissing for violation of labor discipline, three mistakes are often made:
- the expiration of the time limit for the imposition of the penalty,
- illegal imposition,
- lack of consent to dismissal from the labor inspectorate when it comes to a minor worker.
Dismissal of an employee may occur for violation of labor discipline under the following circumstances: absence of a valid reason, non-removal of the previous penalty at the time of the repeated violation. This penalty has a legal basis, since there is an explanation of the act, set out on paper.
The dismissal of an employee is a disciplinary sanction, therefore it must be carried out in accordance with all the rules enshrined in Article 193 of the Labor Code of Russia. It is always worth remembering that before proceeding with the procedure for dismissing an employee, it is imperative to take an explanation from him in writing. In case of refusal to write an explanation, in the presence of 2-3 people, an act must be drawn up in which this is recorded. After that, a dismissal order is issued, with which the dismissed employee must familiarize himself on the same day.
If the employee refused to sign the order, then again an act is drawn up in which this is reflected. And only then is a mark made in the work book about the dismissal.
Sample text
To impose a penalty is set limited time, which is equal to one month from the date of violation. After six months, the penalty cannot be applied. The exception is violations, the fact of which was established during the verification process, then the period is extended to two years. It is important to note that the deprecation does not apply to fines, since the premium is a means of encouragement. Penalties for violation of labor discipline - necessary measure, which contributes to a more responsible attitude of the employee to his official duties. Until the expiration of 1 year, if there is someone's initiative, supported by the decision of the management. The initiative can be shown by the employee himself, his immediate supervisor or the labor collective.
A note on the removal of the penalty, as well as on its imposition, is entered on the employee's personal card.
What else needs to be remembered?
The application of penalties for violation of labor discipline to the offending employee is carried out in strict accordance with applicable law. Each enterprise must develop rules governing the internal regulations of the company. They spell out the fundamental points of the workflow. Employees must be familiarized with them under the signature.
Employees bear full responsibility for violation of labor discipline. By signing the contract at the beginning of cooperation, they agree to the requirements and obligations established for them. If a fact of non-compliance with the agreements (the terms of the contract or the internal rules of the company) is detected, a report is issued
A thorough study of the circumstances of the situation is essential. In some cases, an employee is forced to violate established requirements to avoid more serious consequences for the company. It is for this reason that management needs to take every recorded fact seriously. Proper organization work, including the “reward-punishment” system, will reduce possible conflicts in the process of activity and help increase the productivity of employees, and, accordingly, the profit of the company.
