Types of labor discipline violations. What types of penalties exist for violation of labor discipline?

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 requirements that must be fulfilled by the parties, which constitute the rules labor discipline.

Labor discipline is the employee’s compliance with generally binding rules of conduct defined by the Labor Code, additional agreements, collective agreement and others. regulations, and the employer’s creation 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 efficiently and conscientiously perform professional duties defined by the contract, regulations and job descriptions.

Labor responsibilities are fixed in the employment contract, additional agreements to him. 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 responsibilities
• ensuring labor protection
• supply 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
• mandatory social insurance 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 – public recognition professional merits of the employee, providing public honor, rewarding. This method can be applied both to an individual employee and to the work team as a whole.

For the conscientious performance of duties, the Labor Code of the Russian Federation provides the following types 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 to 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 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.

Such actions, among others, may include:

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

Labor discipline and legislation The legislative basis for norms on labor discipline is 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 removing disciplinary punishment in relation to different categories 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.

Violation of labor discipline under the Labor Code of the Russian Federation: examples and consequences

Help In the most general view PVTP usually include:

1. general order hiring, transferring to a new place and dismissing employees;
2. rights and obligations of workers and employers in relation to each other and other team members;
3. operating procedures of the company and its individual divisions;
4. work and rest schedules for various categories of company employees;
5. the procedure for applying penalties and incentives used in the organization;
6. other issues regulating the rules of labor activity at the enterprise.

The text of the developed document is approved in accordance with the established procedure by the head of the company. If the organization has a trade union, it must also approve the draft document.

Labor discipline and responsibility for its violation

Types of labor discipline violations Depending on the standards labor process The following three types of violations of labor discipline by an employee are distinguished:

• technological (violation of technological standards);
• violation of subordination and coordination in the process of labor management (violations of management norms);
• violation of working hours and rest time (violation of regime norms).

Thus, the release of defective products due to the fault of an employee will be a technological disciplinary offense, and, for example, absenteeism can be considered a violation of regime norms. Depending on the type of violation, the causes of the incident are investigated and the necessary documents are collected.

Violations of labor discipline

In case of systematic delays, Ivanov A.A. a reprimand may be issued, but the law does not allow a reprimand to be issued immediately after the first offense. A reprimand may result, for example, from failure to fulfill his official duties by the warehouse manager V.V. Petrov, which resulted in financial losses for the enterprise in the form of failure to sign an agreement with suppliers. The employee may be given a regular or severe reprimand (at the employer's discretion).
A one-time violation that entails dismissal can be an employee’s appearance at the workplace in a state of intoxication, theft of official property, or actions that provoked an accident or accident at work. Any decision about disciplinary action may be appealed by the employee in court. Then help will be relevant professional lawyer, competent in matters of labor legislation of the Russian Federation.

Violation of labor discipline

If the employee provided explanatory note, an act of violation and a report from the employee’s immediate superior are attached to it. This package of documents is transferred to senior management in order for a decision on recovery to be made. Order to impose a penalty After studying the circumstances of the disciplinary offense committed and studying all the documents, the head of the enterprise issues an order on violation of labor discipline.

There is no standard form for such an order (except for the dismissal order, which is drawn up according to forms No. T-8 and No. T-8a, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for labor accounting and its payment"), but the document must reflect the disciplinary offense, the time and date of its commission, the type of penalty and list the regulatory documents.

Disciplinary offense

• absenteeism;
• systematic lateness after the lunch break or at the start of the working day;
• unacceptable appearance– presence at the workplace in a state of intoxication (alcohol, drugs or toxic);
• neglect of labor protection and safety rules, which led to an accident or accident;
• cases of theft of company property, its damage;
• inadequate level of fulfilled obligations (low quality, non-compliance with established requirements);
• disclosure of an organization's trade secrets;
• non-compliance with subordination (disobedience to orders from superior employees, disregard for the hierarchy that has been established in the company);
• committing an immoral act.

If a fact of non-compliance with the rules is detected, a report on violation of labor discipline is drawn up.

Labor discipline or what to do with violators

Attention

Deprivation of a bonus as a punishment for violation of labor discipline An employer considering a disciplinary sanction for a violation of labor discipline for an employee should keep in mind that deprivation of a bonus is not considered as such by current legislation. This means that organizations are not prohibited from applying this type of sanctions to employees who have committed a particular offense. However, this is only possible if such a measure is directly provided for by the regulations on remuneration or bonuses in force in the organization.

When imposing a disciplinary sanction, the gravity of the offense committed and the circumstances under which it was committed must be taken into account.” Disciplinary punishment may be issued on the basis memo. If the employer considers this to be an insufficient reason, he may initiate disciplinary proceedings with the participation of labor collective.

The result of the commission meeting will be an act with a decision on the type of disciplinary punishment. Practice knows many examples of violations of labor discipline. Most of them relate to minor offenses and are often limited to verbal remarks.
For example, employee Ivanov. A.A. violated work regulations by showing up for work an hour later than scheduled without a valid reason. In this case, the employer may limit itself to a verbal warning, which is issued in the form of a disciplinary violation report.

Violation of labor discipline example and consequences

The document is drawn up by the employee’s immediate supervisor in the presence of two witnesses in two copies (one immediate supervisor passes it on to senior management to make a decision on penalties, the other copy is handed over to the employee). The form of the act and the employees responsible for drawing up the act must be approved by the internal labor regulations of the enterprise. Explanations from the employee The employee is required to provide written explanations regarding the disciplinary offense he has committed (it is recommended to demand an explanation in writing so that this fact is recorded).

Info

If the employee refuses to give an explanation, this must be reflected in the act. The employee is given two days to provide explanations. It is worth mentioning that refusal to write an explanatory note will not save the employee from being sanctioned.

• observe labor discipline;
• comply with established labor standards;
• comply with labor protection and occupational safety requirements;
• treat with care the property of the employer (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees;
• immediately inform the employer or to the immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property).”

In addition to the basic requirements, labor discipline rules may also specify other responsibilities of employees related to the specifics of each organization.
Responsibility for violation of labor discipline According to labor legislation, each employee is responsible for compliance with labor discipline at the enterprise and each employee must be familiar with the internal labor regulations, labor protection documents, job descriptions and other documents regulating it labor activity, for signature. If an employee violates labor discipline, the employer has the right to apply penalties at its discretion, depending on the severity of the offense. The procedure for punishment for a disciplinary offense Punishment for violation of labor discipline is established by the head of the enterprise on the basis of legal norms and available information.
Act on the commission of a disciplinary offense When an employee commits any disciplinary offense, a corresponding act is drawn up.
On the Constitutional Court of the Russian Federation" dated July 21, 1994 No. 1-FKZ, a disciplinary sanction may be imposed on a judge of the Constitutional Court 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 in case of violation of labor discipline is dismissal “under the article”. The fact is that a note on disciplinary action in the form of dismissal is entered in the work book, and dismissal for violation of labor discipline can permanently ruin 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.

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. Employees often violate these rules. What are the consequences of non-compliance with labor regulations for employees and are the employer’s actions legal in cases where violations are recorded?

What is labor discipline?

Labor discipline is a set of rules developed by an enterprise in order to optimize the work process. It is based on the responsibilities of each employee prescribed by law.

Article 21 Labor Code RF “Basic rights and responsibilities of an employee:

“The employee is obliged:

• conscientiously perform his job duties assigned to him employment contract;
• comply with internal labor regulations;
• observe labor discipline;
• comply with established labor standards;
• comply with labor protection and occupational safety requirements;
• treat with care the property of the employer (including the property of third parties owned 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 employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property).”

In addition to the basic requirements, labor discipline rules may also specify other responsibilities of employees related to the specifics of each organization. These include: compliance with corporate ethics, keeping trade secrets, insubordination, etc. In case of a single violation of the regulations, a disciplinary sanction provided for by law may be imposed on the employee. Its type depends on the severity of the offense. The main violations of labor discipline include:

• non-compliance with labor safety rules resulting in an industrial accident;
• absenteeism or systematic tardiness;
• showing up to work while intoxicated;
• immoral acts;
• theft work or personal property of employees;
• intentional failure to fulfill duties or fulfill them not in full;
• falsification of legal documents;
• ignoring orders leader.

In private enterprises, the issue of choosing a disciplinary sanction is decided directly by the manager. Punishment is considered a manager's right, but not an obligation. Therefore, the employer independently decides on the advisability 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. Based on the employment contract, employees are obliged to strictly comply with all regulations, since in case of violation of labor discipline in accordance with the Labor Code of the Russian Federation, penalties regulated by law may be imposed on the employee.

“For committing a disciplinary offense, that is, failure 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 violation will be considered an offense committed only due to the employee's fault. The employer is obliged to demand compliance with all rules only if all conditions for this are provided at the enterprise. At the same time, each employee must be familiar with the work 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

“An employment contract may be terminated by the employer in the following cases:

• repeated failure by an employee to perform labor duties without good reason, if he has received a disciplinary sanction.”

Article 192 of the Labor Code of the Russian Federation. Disciplinary action

“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 guilty actions giving grounds for loss of confidence, or accordingly immoral offense committed by an employee at the place of work and in connection with the performance of his job duties.

When imposing a disciplinary sanction, the gravity of the offense committed and the circumstances under which it was committed must be taken into account.”

Disciplinary action may be issued based on memo. If the employer considers this to be an insufficient reason, he can initiate disciplinary proceedings with the participation of the workforce. The result of the commission meeting will be an act with a decision on the type of disciplinary punishment.

Examples of violations of labor discipline

Practice knows many examples of violations of labor discipline. Most of them relate to minor offenses and are often limited to verbal remarks.

For example, employee Ivanov. A.A. violated work regulations by showing up for work an hour later than scheduled without a valid reason. In this case, the employer may limit himself to a verbal warning, which is issued in the form act of disciplinary violation. In case of systematic delays, Ivanov A.A. may be reprimanded, however, the law does not allow a reprimand to be issued immediately after the first offense.

A reprimand may result, for example, from failure to fulfill his official duties by the warehouse manager V.V. Petrov, which resulted in financial losses for the enterprise in the form of failure to sign an agreement with suppliers. The employee may be issued ordinary or severe reprimand(at the discretion of the employer).

A one-time violation that entails dismissal can be an employee’s appearance 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 the help of a professional lawyer competent in matters of labor legislation of the Russian Federation will be relevant.

In the process of interaction between employees and employers, many controversial issues arise. The legislation contains a number of rules governing such situations. It sets out the responsibility and procedure for imposing penalties on an employee who has committed a violation of labor discipline. The level of income and functioning of the enterprise directly depend on the quality of organization of activities, and the organizational and legal form does not matter at all.

The serious attitude of employees to their duties guarantees not only the absence of various types of penalties, but also the incentives that are usually established by employers. The Labor Code (hereinafter referred to in the article as the Code) obliges enterprises to approve special rules that would regulate 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 the necessary enforcement measures to be taken if these requirements are not met.

What is labor discipline?

Each enterprise is a complex mechanism, the smooth functioning of which depends on the quality of work of each component part. Before moving on to discussing violations, let’s understand what labor discipline is. It can be defined as a set of rules that are mandatory for all employees (from ordinary employees to managers) that are adopted at the enterprise. Their list includes:

• labor protection rules;
• internal regulations;
• corporate ethics.

The specified documents (codes, memos, etc.) are developed and approved by employers. Supervision of implementation and provision of favorable conditions for compliance with requirements is also entrusted to them. The application of penalties is lawful in the event of a violation of the duties established by law by an employee. The Code defines their list in article number 21. Among the responsibilities:

• conscientious fulfillment of the terms of the employment contract;
• compliance with labor discipline;
• compliance with labor protection and safety requirements;
• responsible attitude towards the property of the employer, other employees and third parties (for the safety of whose property the employer is responsible);
• compliance with established labor standards;
• timely notification of emerging emergency situation threatening the lives of employees or the property of the employer.

Existing types of labor discipline violations

If an employee does not comply with the rules, the necessary measures are taken 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 with the established system of 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);
• violation of regime norms - work schedule (rest and work time, for example, absenteeism).

In case of periodic non-compliance with established norms and the severity of the offense, gross violations are distinguished. These include systematic absenteeism, tardiness, appearance at the workplace in an inappropriate manner (alcohol, drug intoxication), falsification of documents and other similar actions that lead to serious consequences. negative consequences. Additional characterizing parameters of improper performance of duties, by which its harm to the organization will be assessed, may be:

• place of performance;
• time and deadline for execution;
• scope of execution;
• form and method of execution;
• subject of execution.

Actions that violate the labor rules established at the enterprise are called disciplinary offenses. When they are committed, certain penalties are provided. Among the most common violations of labor discipline are:

• absenteeism;
• systematic lateness after the lunch break or at the start of the working day;
• Unacceptable appearance – presence at the workplace in a state of intoxication (alcohol, drugs or toxic);
• neglect of labor protection and safety rules, which led to an accident or accident;
• cases of theft of company property, its damage;
• inadequate level of fulfilled obligations (low quality, non-compliance with established requirements);
• disclosure of an organization's trade secrets;
• non-compliance with subordination (disobedience to orders from superior employees, disregard for the hierarchy that has been established in the company);
• committing an immoral act.

If a fact of non-compliance with the rules is detected, a report on violation of labor discipline is drawn up. It is completed by the employee’s immediate supervisor. Two witnesses must be present during the drafting. It is created in two copies: for the employee and for transmission to management, who 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 good or bad reasons for employee misconduct, so it is very difficult to predict their consequences. Therefore, in this matter, management relies on the arguments provided by the employee (Article 193 of the Labor Code).

If a person does not show up or is late for work, the following may be considered valid reasons for this:

• problems with public transport;
• presence in court or other law enforcement agencies;
• disease;
• emergency hospitalization of a relative,
• P fires, floods and other emergencies.

In this case, the employee must justify the reason for absence in writing and prove it with documents: a certificate, a summons, a sick leave certificate, etc.

What penalties can be applied to an employee?

In case of violation of established labor rules, the employee is liable in accordance with the law. Article 192 of the Code contains a list of possible disciplinary sanctions that can be applied to him. The employer has the right to use them in accordance with the seriousness of the violation and the harm that was caused. The list contains three valid ones:

• a remark is a very minor penalty that does not threaten serious consequences; usually they draw up a violation report and record the remark received; in case of systematic criticism, a more effective punishment is chosen;
• reprimand - a penalty applied when committing an offense (disciplinary); has two forms - strict and ordinary; entered into the order; it is recorded in the labor record only in case of dismissal for improper work or systematic violations;
• Dismissal is the most radical measure used in cases of serious systematic violations that result in material or moral harm.

The management of the organization has the right to deprive an employee of a bonus if this fact stated in internal documents. For certain categories of workers, other penalties may be applied, which are specified in the relevant federal laws. For registration of violations, there is a general procedure that is used 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.

Procedure for filing a penalty for violation

When drawing up internal regulations, it is necessary to provide clauses that will reflect the procedure for imposing penalties. In most cases, it is enough to enter a list of violations of labor discipline and the corresponding penalties, indicate responsible persons for drawing up acts and submitting the required documents. After that this information is brought to the attention of employees. They must sign the acquaintance certificate. The foreclosure process consists of the following steps:

• drawing up a report - responsible employees, in the presence of two witnesses, fill out a report on the violation;
• receiving explanations - the offending employee indicates in writing the reason for his inappropriate behavior; if the testimony is refused, a mark is placed in the order; a note with explanations is attached to the act;
• issuing an order on violation of labor discipline - management, based on the documents received, makes a decision regarding the incident; there is no approved form, but indicated mandatory information– content of the offense, date and time of commission, type of penalty, documents regulating the actions of management.

The employee must be familiarized with the order within three days (subject to 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 instances of inappropriate work behavior, the only possible punishment may result in dismissal for violation of labor discipline.

Expert opinion

Maria Bogdanova

More than 6 years of experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

Another important factor when choosing a punishment in the form of dismissal may be a gross violation by an employee of the rules of the work schedule or labor process, even if this happened for the first time.

In general, when dismissing for violation of labor discipline, three mistakes are often made:

• the deadline for the imposed penalty has expired,
• its illegal imposition,
• lack of consent to dismissal from the labor inspectorate if we are talking about a minor employee.

Dismissal of an employee may occur for violation of labor discipline under the following circumstances: absence of a valid reason, failure to remove the previous penalty at the time repeat violation. This penalty has a legal basis, since there is an explanation for the action set out on paper.

The dismissal of an employee is a disciplinary sanction, so it must follow 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 obtain an explanation from him in writing. In case of refusal to write an explanation, an act must be drawn up in the presence of 2-3 people in which this is recorded. After this, a dismissal order is issued, which the dismissed employee must familiarize himself with 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 a note about dismissal is made in the work book.

Example text

There is a limited period for imposing a penalty, which is equal to one month from the date of violation. After six months, no punishment can be applied. The exception is violations the fact of which was established during the inspection process, then the period is extended to two years. It is important to note that depreciation does not apply to fines, since bonuses are a means of encouragement. Penalties for violation of labor discipline are a necessary measure that promotes a more responsible attitude of the employee towards his job responsibilities. Before the expiration of 1 year, in the presence of someone’s initiative supported by a management decision. The initiative can be taken by the employee himself, his immediate superior or the work team.

A note about the removal of a penalty, as well as about its imposition, is entered in the employee’s personal card.

What else do you need to remember?

The application of punishments for violation of labor discipline to the offending employee is carried out in strict accordance with current legislation. Each enterprise must develop rules regulating the internal procedures of the company. They describe the fundamental aspects of the work process. Employees must be familiar with them by signature.

Employees bear full responsibility for violation of labor discipline. By signing an agreement at the beginning of cooperation, they agree to the requirements and responsibilities established for them. If a fact of non-compliance with agreements (terms of the contract or internal rules of the company) is detected, a report is drawn up

A thorough study of the circumstances of the current situation is mandatory. In some cases, an employee is forced to violate established requirements in order to avoid more serious consequences for the company. It is for this reason that management needs to take every recorded fact seriously. Proper organization of work, including a system of “reward-punishment”, will reduce possible conflicts in the process and help increase employee productivity, and, accordingly, company profit.

Video - “Introductory training on labor protection”

Production discipline, internal labor regulations - what is it about? we're talking about? According to Art. 189 Labor Code of the Russian Federation, labor discipline is a set of rules of conduct at an enterprise, defined in accordance with the Labor Code of the Russian Federation, local acts of the organization, an employment contract and other regulatory documents. Rules labor behavior are the normative basis of the organization’s internal labor regulations. All employees without exception must follow it.

Labor discipline: responsibilities of employees and employers

When hiring, the employer must familiarize the employee with the contract under his signature. These documents discuss the rules of labor discipline adopted at the enterprise, and also indicate the job responsibilities and main functions of the employee. By signing these documents, the newcomer confirms that he undertakes to follow them. Only after this can the manager insist on compliance with the requirements specified in them.

In turn, the employer is obliged to organize the work of employees and pay them on time, create the conditions necessary for employees to comply with production discipline, ensure safety at the enterprise, etc.

Consequences of disciplinary violations

In this section we will look in detail at what the Labor Code of the Russian Federation says about violation of labor discipline. Art. 192 Labor Code of the Russian Federation states: for violation of labor discipline, penalties may be applied to the employee. The penalty is determined by the employer according to the severity of the offense. As punishment you can apply:

• comment;
• rebuke;
• dismissal.

These penalties can be applied to all employees. But employers can also use other measures of influence provided for by law for certain categories of employees.

If the violation committed by the employee did not entail serious consequences, the employer can make do with a reprimand or reprimand.

How is a violation formalized?

The employer must follow the procedure documentation violations and pay close attention to deadlines. Otherwise, the punishment may be challenged in court.

An order for disciplinary action may be issued no later than one month from the date of discovery of the offense and no later than six months from the date of its commission. Please note that this time does not include periods during which the employee was absent from the workplace due to good reasons- look Art. 193 Labor Code of the Russian Federation.

1. When applying for employment, a citizen must familiarize himself with the rules of labor discipline at the enterprise by signing.
2. The offense must involve the fault of the subordinate.
3. The fact of violation must be documented using an act, which is drawn up in the presence of two witnesses and signed by them.
4. The director is obliged to demand an explanatory statement from the employee, which he must provide within two days. In case of refusal to give explanations, an appropriate act should be drawn up.
5. The order to punish the employee must be read and signed. This must be done no later than three working days from the date of its publication. In case of refusal to sign a document, this fact should be reflected in the act.

Penalties imposed in the form of a reprimand or reprimand are valid for exactly one year from the date of their issuance. In some cases, by decision of the employer, before the expiration of this period.

Employees who believe that they have been punished unfairly can appeal the employer's decision by filing a lawsuit in court.