Responsibility for violations of labor protection. Special cases of qualification of actions as a violation of labor protection. Who is responsible for labor protection at the enterprise

Every person, when he gets a job, wants to be sure of his safety during the performance of duties. It largely depends on working conditions. However, a considerable share of the responsibility lies with the employees themselves, who should obey a number of requirements to preserve their health, as well as the condition of those around them, in the workplace.

Occupational safety refers to a set of laws and regulations that protect the safety of workers during their work duties. They are detailed in Articles 419, 21 of the Labor Code, Article 15 of the Law and other documents.

Labor protection measures

The Russian Federation recognizes a number of labor protection measures that a person providing work must comply with. They are divided into several types:

Every responsible and law-abiding business manager will comply with the laws under all these groups of measures. In case of non-observance of any rule from the measures provided by the legislation in this area, the employer will be held accountable to the state.

Employees of the enterprise employed by the employer, in turn must comply with all requirements dictated by law. They must correctly use and comply with all the aforementioned labor protection measures. In case of non-compliance with any rules, the employee is also subject to punishment under the law. There are several types of liability that apply in labor law.

Types of responsibility

The legislative system of our country provides for several types of liability for violation of labor protection requirements. They are dictated by the Labor Code, the Code of Administrative Violations, as well as the Federal Laws of Russia.

Disciplinary

A number of disciplinary violations include non-compliance by the employee with the requirements of the contract, non-fulfillment of what is stipulated in it, as well as in the legislation, duties, rules and acts.

If the violation is recognized as disciplinary, the offender may be punished in one of three types:

• listen to the remark;
• get a reprimand;
• be fired.

A person who committed a violation without intent and negligence in the workplace is not held liable for this series of violations.

In addition to employees, disciplinary responsibility is sometimes borne by persons holding positions in the company. This is especially true for those who must ensure that the rules of labor protection are strictly observed.

Such incidents occur due to the following violations:

1. People were allowed to do the work before they passed the test for competence in this field of activity.
2. Employees began work without passing a medical commission.
3. The work was carried out with the help of faulty and unreliable mechanisms and equipment.
4. At work, special means were not issued to protect workers, for example, overalls.
5. People who, according to the law, should not be engaged in this kind of work, were involved in harmful and dangerous activities.

If employees of an organization that specializes in hazardous work (for example, using the energy of atoms, etc.) suffered due to a disciplinary violation of labor protection requirements, The following types of liability will be relevant:

1. The person responsible for the violation may be warned that his official duties were not performed correctly.
2. An employee can be transferred to perform another kind of work, the pay for which is lower. However, this step is done with the consent of the worker.
3. The responsible person may be transferred to a workplace that is in no way connected with hazardous production. Such a step is also applied with the consent of the employee, and may be valid for no more than a year.
4. The offender may be removed from his position related to dangerous substances. In this case, he will be offered another job suitable for his profession. This is done with the consent of the person.

One specific disciplinary offense can be apply only one type of liability, corresponding to its severity. You can use it only within a month from the date of violation.

Material

Provisions of the liability law must be stipulated in the employment contract and the contract is signed by both parties. It is also possible to confirm with the signatures of both parties an additional document on labor protection.

If an employee is aware that he is responsible for labor protection within the limits of his authority, he should know that compensation for damage to the enterprise in case of non-compliance with the law lies with him. This refers only to the actual losses suffered by the organization, and not to lost profits.

In order for the employee to be legally held liable for violation of labor protection at the enterprise, and to compensate for material damage, the following facts are required:

1. In the behavior of the accused person, actions that are contrary to the law are clearly visible.
2. The guilt of the person must be obvious. Also, the inaction that led to the violation will be considered a violation.
3. In the situation, the connection between the act and its consequences is clearly traced.

It's important to know! The liable employee pays damages only within the limits of his monthly salary. The amount of the payment can exceed this rate only if the employer was forced to pay money in the form of compensation for damage to other employees. Then the employee guilty of the offense must cover these payments.

Administrative

The following people may be held accountable:

• Holding high positions in the company.
• Persons who are legal.
• People who are engaged in entrepreneurship without having the appropriate education of a legal entity.

Violation can be recognized as the wrong actions of a person, or the absence of correct and necessary actions. Be that as it may, liability will only be imposed if the violation was intentional. It is recognized as such when a person, realizing the incorrectness of his actions and their illegality, knowing about the harmful consequences, stepped over them and committed an offense, or did not influence its prevention in any way.

It's important to know! A person is guilty of violating labor protection requirements only if he had the opportunity to take care of their observance, was equipped with all the means for this, but deliberately did not use it.

There are several levels of responsibility for disobeying the law in this area:

1. Persons in a position responsible for labor safety at an enterprise, in case of violation of laws in this industry, may be required to compensate for damages in the form of a fine amount from five to fifty units of the minimum wage.
2. Private traders who do not have a special education can be fined from five to fifty minimum wages. Also, in some cases, a sanction is used that removes a person from his activities for a period of not more than three months.
3. Legal entities may be liable in the amount of three to five hundred minimum wages. They can also be subject to a sanction that stops activities for three months (but no more than that).

Note! A person in a responsible position, who has already been subject to administrative liability due to ignoring the requirements relating to labor safety, and is again accused of it, may be disqualified for a period of one to three years.

Criminal

In particularly difficult situations, offenders may be punished under criminal law. This applies to situations where the loss was too great or people suffered. For example, the list of criminal violations of labor protection requirements includes:

Only a natural person can be held criminally liable. Among them may be managers of the enterprise, employees working in high positions, as well as ordinary ordinary workers.

This video contains the nuances of criminal liability for violation of labor protection requirements.

What are the types of liability for violation of labor protection requirements at the enterprise?

What penalties can be used in relation to an employee, a special official, or for the entire enterprise as a legal entity?

Types of liability for violation of labor protection requirements

1. Disciplinary. Provided for employees, indicated in the Labor Code. The types of disciplinary sanctions include a remark, as well as a reprimand and dismissal. The procedure for imposing sanctions on an employee is indicated in labor legislation, as well as in local regulations (PVTR - Internal Regulations) and other documents.
2. Material. This is also the type of responsibility that is provided for employees. It is applied in the case when, as a result of the illegal acts of the employee, material damage was caused to the property and property interests of the employer. The employee is obliged to compensate only for direct material damage, and not for lost profits. Liability is regulated by the norms of labor legislation, as well as a number of other acts.
3. Administrative. A type of liability that can be used both in relation to individuals and in relation to legal entities (for legal entities, administrative liability is most often established in the form of a monetary sanction - a fine).
4. Criminal. It is provided only for individuals (not only employees of enterprises, but also officials: for labor protection specialists, for managers and others). Criminal liability for violation of OT requirements is the most severe, it may include not only fines, but also imprisonment.

What federal laws provide for liability for violation of labor protection standards?

Responsibility of employee and employer specified in a number of legal acts.

• Labor Code of the Russian Federation;
• Code of Administrative Offenses (this is the Code of Administrative Offenses);
• Criminal Code of the Russian Federation (aka the Criminal Code of the Russian Federation);
• Federal Law “On industrial safety of hazardous production facilities” (please note that you have the current version of the regulatory act: changes were made in 2016!). Some of the changes introduced took effect only in 2016-2017.

Dismissal for violation of labor protection requirements as a type of disciplinary liability: grounds and procedure

In Art. 192 of the Labor Code of the Russian Federation lists the types of disciplinary sanctions, among which there is dismissal. Art. 192 of the Labor Code refers to the norms of Article 81, in which list the grounds for dismissal.

One of them is violation of labor protection rules. In Art. 81 of the Labor Code contains the grounds for dismissal:

1. The violation of the rules was established by the labor protection commission or by special commissioners for labor protection.
2. Violation of labor protection rules by an employee entailed the onset of serious consequences (for example, an accident occurred at work, an accident occurred, a catastrophe occurred).

Disciplinary liability in the form of dismissal is also possible if the violation of labor protection rules knowingly created a real threat of dangerous consequences.

In Art. 193 of the Labor Code contains a general procedure for imposing administrative penalties on an employee. The rules listed here are also valid in relation to dismissal for violation of OT requirements. The schema looks like this:

Disciplinary liability in the form of dismissal is the most severe. Be careful when filling out all the documents, make sure that the entire procedure is followed.

If at least one document is missing, if the terms for imposing a disciplinary sanction were violated, then the employee can safely apply to the state labor inspectorate and (or) to the bodies that deal with individual labor disputes.

The list of labor protection violations at the enterprise is compiled at each individual enterprise and is an internal document.

Responsibility of the employer for violation of the requirements of OT. We look at the administrative code!

Administrative Code (administrative code) - a document that provides for the liability of a legal entity.

It means that the company will pay a fine for violation of labor protection legislation(most often).

For legal entities, there is also such a type of liability as temporary ban on activities. In this material, we list only the main offenses contained in the Code of Administrative Offenses:

1. Art. 5.27 for violation of labor legislation, as well as other acts containing labor law norms. By ch5. Art. 5.27 of the Code of Administrative Offenses, liability in the amount of a fine of 5,000 rubles for citizens comes; disqualification for 1-3 years for officials, a fine of 30,000 rubles. for those who carry out activities without forming a legal entity; a fine is also provided for legal entities from 100,000 rubles to 200,000 rubles.
2. Art. 5.27.1 for violating state OT regulations. The maximum sanction for legal entities under the article provides for a fine of 100,000 rubles. up to 200,000 rubles or administrative suspension of work for up to 90 days.
3. Art. 5.28, providing for liability for evading the participation of the employer in the negotiations on the conclusion of a collective agreement (CA).
4. Art. 5.31 for violation or failure to fulfill obligations under a collective agreement, agreement
5. Art. 15.34 for concealment of an insured event provides for the imposition of administrative liability in the form of a fine from 5,000 rubles to 10,000 rubles (for legal entities).
6. Art. 19.5 of the Code of Administrative Offenses of the Russian Federation for failure to comply within the prescribed period with the legal order of the relevant officials.

The responsibility of the employer in such cases is not limited only to a fine, but also threatens with additional checks, lost profits during the administrative suspension of activities and other sanctions.

But criminal liability is considered to be the most severe. It cannot occur for legal entities, since a legal entity is not a subject of criminal law.

But the norms of the Criminal Code of the Russian Federation apply to officials whose activities have entailed a violation of labor protection rules and serious damage.

Criminal liability for violation of labor protection requirements

In the Criminal Code of the Russian Federation There are several articles that are related to liability for violation of labor laws.

1. Art.145 for unjustified refusal to hire or for unjustified dismissal of a pregnant woman, as well as women with children under the age of 3 years. It provides for the imposition of a fine of up to 200,000 rubles or a fine in the amount of the salary or in the amount of other income of the convicted person for a period of up to 18 months, and compulsory work for a period of up to 360 hours is also indicated as a sanction.
2. Article 145.1 for non-payment of wages, pensions, scholarships, allowances, as well as other payments, is punishable up to imprisonment for up to 5 years.

But the key norm that provides for criminal liability is Art. 143 of the Criminal Code of the Russian Federation. It is called "Violation of labor protection requirements" and contains 3 parts.

The composition of the crime has a number of features:

1. A special subject is a person to whom responsible for ensuring labor protection rules. The decision of the Plenum of the Supreme Court on April 23, 1991 (with subsequent amendments) indicates that such entities include: A) heads of enterprises; B) chief engineers; C) chief specialists who did not take measures to eliminate violations; D) other persons who are entrusted with the duty of labor protection. If a violation of the norms was committed by a person who does not have a special status, but negligently caused serious harm to human health / negligent death, then criminal liability arises under a completely different article - Art. 109, 118 of the Criminal Code.
2. Necessary presence of socially dangerous consequences(causing grievous bodily harm, death of a person or several people). Of course, it will also be necessary to prove the existence of a causal relationship between the direct violation of the rules and the occurrence of harm.
3. All the acts provided for in the article, are committed through negligence.
4. Responsibility comes from enterprises regardless of ownership(state, private, foreign on the territory of Russia or others).
5. Violation of labor protection rules is a broad concept that can include not only safety, but also rules for safe work, violation of the rules of industrial sanitation, occupational health and others.

Art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of labor protection requirements

Part 1 Art. 143 provides for criminal liability for violation of labor protection requirements, which negligently caused serious harm to health.

The sanction of the criminal article provides for the following types of punishments:

• a fine of up to 400,000 rubles or a fine in the amount of the salary/other income of the convicted person for up to 18 months;
• compulsory work for a period of 180-240 hours;
• correctional labor for periods up to a maximum of 2 years;
• forced labor for up to a maximum of 1 year;
• imprisonment up to 1 year + deprivation of the special right to occupy certain positions or to engage in certain activities up to 1 year (or without deprivation of the right).

Part 2 Art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of the requirements of OT, resulting in the death of a person through negligence provides for the following sanctions:

• forced labor for up to 4 years;
• imprisonment for up to 4 years + deprivation of the right to occupy certain positions / engage in one or another type of activity up to 3 years (or without deprivation of the right).

Part 3 Art. 143 of the Criminal Code of the Russian Federation and criminal liability for violation of the requirements of OT, resulting in the death of 2 or more people by negligence is punished:

• forced labor for a maximum period of up to 5 years;
• imprisonment up to 5 years + deprivation of the right to hold certain positions / engage in certain activities for up to 3 years (or without deprivation of the right).

Note to Art. 143 expressly states that OT requirements in this article are understood as state regulatory OT requirements, which are found in federal laws, as well as in other acts.

Where is the list of labor protection violations at the enterprise?

These can be not only local acts (although it is easiest for employees and officials to navigate in them).

To see the responsibility and rules for performing work, look at the PVTR, standard safety instructions, as well as the job description.

Before accepting an employee, the employer is obliged to conduct an introductory briefing + primary safety briefing. The employee signs this in a special journal.

Also, the company must have frequency of current briefings on safety and labor protection (for example, they are held once every 6 months).

Each employee must pass the current briefing + sign in the appropriate journal. In addition, there are cases of so-called "emergency briefings", which are carried out after an accident at the enterprise. Employees also sign about them.

There are also industry-specific OSH rules, which include:

1. Order of the Ministry of Labor and Social Protection of the Russian Federation of February 25, 2016 N 76n entitled "On approval of the Rules for labor protection in agriculture". There are the same decrees approving the rules of labor protection in construction, in housing and communal services (housing and communal services), in the field of food production and others.
2. Order of the Ministry of Agriculture of the Russian Federation of June 20, 2003 N 890 entitled "On approval of the Rules for labor safety in the meat industry". There are also separate orders for enterprises operating in the storage of sugar beet seeds, storage and processing of grain, crop production, animal husbandry, the tobacco industry and other areas.
3. Orders of Russian Railways on labor protection for employees of Russian railways (drivers, employees of heating networks, builders and many others).

Intersectoral documents that regulate the rules of labor protection

1. Order of the Ministry of Labor and Social Protection of the Russian Federation dated November 16, 2015 N 873n entitled "On approval of the Rules for labor protection during storage, transportation, and sale of petroleum products"
2. Decree of the Ministry of Labor of the Russian Federation of March 28, 2014 N 155n called "On approval of the Rules for OSH when working at height".

There are the same regulations on safety rules for processing plastics, working in road transport, operating the gas facilities of organizations, and when soldering products.

3 conclusions from the article

1. There are 4 types of liability for violation of labor protection rules: from disciplinary to criminal
2. List of labor protection violations at the enterprise is in job descriptions, PWTR and other local documents. There are also requirements, rules and instructions approved by orders and regulations.
3. Application disciplinary action- dismissals must comply with those established in Art. 193 TC rules.

Video: Responsibility for violation of labor protection requirements

In accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary and material liability in the manner established by the Labor Code of the Russian Federation and other federal laws, and are also subject to civil, administrative and criminal liability in accordance with in the manner prescribed by federal law.

Administrative liability for violation of labor protection requirements

Article 5.27. Violation of labor legislation and other normative legal acts containing labor law norms

1. Violation of labor legislation and other regulatory legal acts containing labor law norms, unless otherwise provided by parts 2 and 3 of this article and article 5.27.1 of this Code, - entails a warning or the imposition of an administrative fine:

• for officials in the amount of 1000 to 5000 rubles
• for persons engaged in entrepreneurial activities without forming a legal entity - from 1000 to 5000 rubles
• for legal entities - from 30,000 to 50,000 rubles

2. Actual admission to work by a person not authorized by the employer, if the employer or his authorized representative refuses to recognize the relationship that has arisen between the person actually admitted to work and this employer, labor relations (does not conclude with a person, actually admitted to work, an employment contract) - entails the imposition of an administrative fine:

• for citizens in the amount of 3000 to 5000 rubles
• for officials - from 10,000 to 20,000 rubles

3. Evasion from registration or improper execution of an employment contract or the conclusion of a civil law contract that actually regulates labor relations between an employee and an employer - entails the imposition of an administrative fine:

• for officials in the amount of 10,000 to 20,000 rubles
• for persons engaged in entrepreneurial activities without forming a legal entity - from 5,000 to 10,000 rubles

4. The commission of an administrative offense, provided for by paragraph 1 of this article, by a person previously subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine:

• for officials in the amount of 10,000 to 20,000 rubles or disqualification for a period of 1 to 3 years
• for persons engaged in entrepreneurial activities without forming a legal entity - from 10,000 to 20,000 rubles
• for legal entities - from 50,000 to 70,000 rubles

5. Commitment of administrative offenses, provided for by part 2 or 3 of this article, by a person previously subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine:

• for citizens in the amount of 5000 rubles
• for persons engaged in entrepreneurial activities without forming a legal entity - from 30,000 to 40,000 rubles
• for legal entities - from 100,000 to 200,000 rubles
• for officials - disqualification for a period of 1 to 3 years

Article 5.27.1. Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation

1. Violation of state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation, with the exception of cases provided for in parts 2-4 of this article, - entails a warning or the imposition of an administrative fine:

• for officials in the amount of 2000 to 5000 rubles
• for persons engaged in entrepreneurial activities without forming a legal entity - from 2000 to 5000 rubles
• for legal entities - from 50,000 to 80,000 rubles

2. Violation by the employer of the established procedure for conducting a special assessment of working conditions at workplaces or its failure to conduct - entails a warning or the imposition of an administrative fine:

• for persons engaged in entrepreneurial activities without forming a legal entity - from 5,000 to 10,000 rubles
• for legal entities from 60,000 to 80,000 rubles

3. The admission of an employee to the performance of his labor duties without undergoing training and testing knowledge of labor protection requirements in the prescribed manner, as well as mandatory preliminary (when applying for a job) and periodic (during employment) medical examinations, mandatory medical examinations at the beginning of the working day (shift), mandatory psychiatric examinations or in the presence of medical contraindications - shall entail the imposition of an administrative fine:

• for officials in the amount of 15,000 to 25,000 rubles
• for persons engaged in entrepreneurial activities without forming a legal entity - from 15,000 to 25,000 rubles
• for legal entities - from 110,000 to 130,000 rubles

4. Failure to provide employees with personal protective equipment - entails the imposition of an administrative fine:

• for persons engaged in entrepreneurial activities without forming a legal entity - from 20,000 to 30,000 rubles
• for legal entities - from 130,000 to 150,000 rubles

5. Commitment of administrative offenses, provided for by parts 1-4 of this article, by a person previously subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine:

• for officials in the amount of 30,000 to 40,000 rubles or disqualification for a period of 1 to 3 years
• for persons engaged in entrepreneurial activities without forming a legal entity - from 30,000 to 40,000 rubles or an administrative suspension of activities for up to 90 days
• for legal entities - from 100,000 to 200,000 rubles or an administrative suspension of activities for up to 90 days

Note: Personal protective equipment in part 4 of this article should be understood as personal protective equipment classified by the technical regulations of the Customs Union "On the safety of personal protective equipment" to class 2, depending on the degree of risk of harm to the employee.

Article 14.54. Violation of the established procedure for conducting a special assessment of working conditions

1. Violation by an organization that conducted a special assessment of working conditions of the established procedure for conducting a special assessment of working conditions - shall entail the imposition of an administrative fine:

• for officials in the amount of 20,000 to 30,000 rubles
• for legal entities - from 70,000 to 100,000 rubles

2. Commitment of an administrative offense, provided for by paragraph 1 of this article, by a person previously subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine:

• for officials in the amount of 40,000 to 50,000 rubles or disqualification for a period of 1 to 3 years
• for legal entities - in the amount of 100,000 to 200,000 rubles or an administrative suspension of activities for up to 90 days

Note: An expert of an organization that conducted a special assessment of working conditions, who committed an administrative offense under this article during a special assessment of working conditions, shall bear administrative responsibility as an official.

Article 15.34. Hiding an insured event

Concealment by the insured of the occurrence of an insured event in case of compulsory social insurance against accidents at work and occupational diseases - entails the imposition of an administrative fine:

• for officials in the amount of 500 to 1000 rubles
• for legal entities in the amount of 5,000 to 10,000 rubles

Article 19.4. Disobedience to the lawful order of an official of the body exercising state supervision (control), municipal control

1. Disobedience to a lawful order or demand of an official of the body exercising state supervision (control), municipal control - entails a warning or the imposition of an administrative fine:

• for citizens in the amount of five hundred to one thousand rubles
• for officials - from two thousand to four thousand rubles

Article 19.4.1. Obstruction of the legal activity of an official of a state control (supervision) body, a municipal control body

1. Obstructing the lawful activities of an official of a state control (supervision) body, a municipal control body for conducting inspections or evading such inspections - shall entail the imposition of an administrative fine:

• for citizens in the amount of 500 to 1000 rubles
• for officials - from 2000 to 4000 rubles
• for legal entities - from 5,000 to 10,000 rubles

2. Actions or omissions provided for by paragraph 1 of this article, which have resulted in the impossibility of conducting or completing an inspection, - entails the imposition of a fine:

• for officials in the amount of 5,000 to 10,000 rubles
• for legal entities - from 20,000 to 50,000 rubles

3. Repeated commission of an administrative offense provided for by part 2 of this article - shall entail the imposition of an administrative fine:

• for officials in the amount of 10,000 to 20,000 rubles or disqualification for a period of 6 months to 1 year
• for legal entities - from 50,000 to 100,000 rubles

Article 19.5. Failure to timely comply with a legal order (decree) of the body (official) exercising state supervision (control), municipal control

1. Failure to comply within the established period of a legal order (decree, presentation, decision) of the body (official) exercising state supervision (control), municipal control, on the elimination of violations of the law - entails the imposition of an administrative fine:

• for citizens in the amount of 300 to 500 rubles
• for officials - from 1000 to 2000 rubles or disqualification for up to three years
• for legal entities - from 10,000 to 20,000 rubles

Criminal liability for violation of labor protection requirements

Article 143. Violation of labor protection requirements

1. Violation of labor protection requirements committed by a person who is entrusted with the obligation to comply with them, if this negligently entailed the infliction of grave harm to human health, is punishable by:

• a fine in the amount of up to 400,000 rubles or in the amount of the wage or other income of the convicted person for a period of up to eighteen months
• or compulsory work for a period of 180 to 240 hours
• or correctional labor for up to 2 years
• or forced labor for up to 1 year
• or imprisonment for up to 1 year with or without deprivation of the right to hold certain positions or engage in certain activities for up to 1 year

2. The act provided for by paragraph 1 of this article, which negligently caused the death of a person, is punishable by:

• forced labor for up to 4 years
• or imprisonment for up to 4 years with or without deprivation of the right to hold certain positions or engage in certain activities for up to 3 years

3. The act provided for by paragraph 1 of this article, which negligently caused the death of two or more persons, is punishable by:

• forced labor for up to 5 years
• or imprisonment for up to 5 years with or without deprivation of the right to hold certain positions or engage in certain activities for up to 3 years

Note: The requirements of labor protection in this article are understood as state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Russian legislation provides for four types of employee liability for violation of the requirements of labor law, labor protection and industrial safety:
- disciplinary;
- material;
- administrative;
- criminal.
Responsibility is determined by the following federal laws:
Labor Code of the Russian Federation;
Code of Administrative Offenses of the Russian Federation;
Criminal Code of the Russian Federation;
Federal Law “On the Fundamentals of Labor Protection in the Russian Federation”;
Federal Law “On Industrial Safety of Hazardous Production Facilities”.

Labor discipline and work schedule of the organization

Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code, other laws, collective agreements, agreements, labor contracts, local regulations of the organization.
The labor schedule of the organization is determined by the internal labor regulations.
The internal labor regulations of an organization are a local regulatory act of an organization that regulates, in accordance with the Labor Code, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulation of labor relations in the organization.
The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization in accordance with Art. 372 of the Labor Code.
For certain categories of employees, there are charters and regulations on discipline approved by the Government of the Russian Federation in accordance with federal laws.

Types of disciplinary sanctions

The employer has the right to apply disciplinary sanctions for committing a disciplinary offense by an employee.
A disciplinary offense is a failure to perform or improper performance by an employee due to his fault of the labor duties assigned to him.
The Labor Code provides for the following disciplinary sanctions:
comment;
rebuke;
dismissal.
Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.
It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

Dismissal of an employee as a measure of disciplinary action

Termination of an employment contract with an employee at the initiative of the employer, as a disciplinary measure, may be based on paragraphs. 5,6,7,8,10,11 st. 81 of the Labor Code of the Russian Federation.
5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction (taking into account the opinion of the elected trade union body in accordance with Article 82);
6) a single gross violation of labor duties by an employee:
a) absenteeism (absence from the workplace without good reason for more than four consecutive hours during the working day);
b) appearing at work in a state of alcoholic, narcotic or other toxic intoxication;
c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties;
d) committing at the place of work theft (including small) of another's property, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a body authorized to apply administrative penalties;
e) violation by the employee of labor protection requirements, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;
7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;
8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) submission by the employee to the employer of false documents or deliberately false information when concluding an employment contract.

The procedure for imposing and appealing disciplinary sanctions

In accordance with Art. 193 of the Labor Code, before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If the employee refuses to give the specified explanation, an appropriate act is drawn up.
The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction.
A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.
A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.
For each disciplinary offense, only one disciplinary sanction may be applied.
The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), an appropriate act is drawn up.
A disciplinary sanction may be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.

The procedure for removing disciplinary sanctions

Article 194 of the Labor Code defines the procedure for removing disciplinary sanctions.
If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.
The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

Bringing to disciplinary responsibility the head of the organization, his deputies at the request of the representative body of employees

In accordance with Art. 81 and Article 195 of the Labor Code, the employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of employees.
If the facts of violations are confirmed, the employer is obliged to apply a disciplinary sanction to the head of the organization, his deputies, up to and including dismissal.
The employment contract may be terminated by the employer in the event of a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties.

Conditions for the occurrence of material liability of the employer to the employee and the employee to the employer

According to Art. 232 and 233 of the Labor Code, the party to the employment contract (employer or employee) that caused damage to the other party compensates for this damage in accordance with the Labor Code and other federal laws.
Termination of an employment contract after causing damage does not entail the release of the party to this contract from liability under the Labor Code or other federal laws.
The liability of a party to an employment contract is for damage caused by it to the other party to this contract as a result of its guilty unlawful behavior (action or inaction), unless otherwise provided by the Labor Code or other federal laws.
Each of the parties to the employment contract is obliged to prove the amount of damage caused to it.

The obligation of the employer to compensate the employee for material damage caused as a result of illegal deprivation of his opportunity to work

In accordance with Art. 234 of the Labor Code, the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if the earnings are not received as a result of:
- illegal removal of an employee from work (violation of article 76 of the Labor Code),
- his illegal dismissal (violation of Art. 77 and Art. 81TK)
- or his illegal transfer to another job (violation of Articles 72 and 74 of the Labor Code);
- the employer's refusal to execute or untimely execution of the decision to reinstate the employee in the previous job of the labor dispute resolution body (violation of article 396 of the Labor Code) or the state legal labor inspector (violation of article 357 of the Labor Code);
- delays by the employer in issuing a work book to an employee (violation of Article 62 of the Labor Code);
- entering into the work book an incorrect or inconsistent wording of the reason for the dismissal of an employee (violation of Article 66 of the Labor Code);
- other cases stipulated by federal laws and the collective agreement.

Liability of the employer for damage caused to the property of the employee

In accordance with Art. 235 of the Labor Code, the amount of damage is calculated at market prices in force in the area at the time of compensation for damage. With the consent of the employee, the damage can be compensated in kind.
The employee's claim for damages is sent to the employer. The employer is obliged to consider the received application and make an appropriate decision within ten days from the date of its receipt. If the employee disagrees with the decision of the employer or does not receive a response within the prescribed period, the employee has the right to go to court.

Liability of the employer for the delay in payment of wages

The material liability of the employer occurs in case of violation of the established deadline:
- payment of wages (Article 136 of the Labor Code),
- vacation pay (Article 136 of the Labor Code),
- payments upon dismissal (Article 140 of the Labor Code),
- other payments due to the employee.
The employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the established payment deadline until the day of actual calculation inclusive . The specific amount of monetary compensation paid to an employee is determined by a collective agreement or an employment contract.

Liability of the employee for damage caused to the employer

The employee is obliged to compensate the employer (Articles 238, 239 of the Labor Code) for the direct actual damage caused to him. Unreceived income (lost profit) is not subject to recovery from the employee.
Direct actual damage is understood as a real decrease in the employer’s cash property or deterioration in the condition of the said property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition or restoration of property.
The employee is liable both for direct actual damage directly caused by him to the employer, and for damage incurred by the employer as a result of compensation for damage to other persons.
The material liability of the employee is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or the employer's failure to fulfill the obligation to ensure proper conditions for the storage of property entrusted to the employee.

The limits of the employee's liability for damage caused to the employer. Damage recovery procedure

For the damage caused (Article 241, Article 247,248 of the Labor Code), the employee is liable within the limits of his average monthly earnings, unless otherwise provided by the Labor Code or other federal laws.
Before making a decision on compensation for damages by specific employees, the employer is obliged to conduct an audit to determine the amount of damage caused and the reasons for its occurrence.
Requesting an explanation from the employee in writing to establish the cause of the damage is mandatory.
The employee and (or) his representative have the right to get acquainted with all the materials of the inspection and appeal against them in the manner prescribed by the Labor Code.
Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly earnings, is carried out by order of the employer. The order may be made no later than one month from the date of the final determination by the employer of the amount of damage caused by the employee.
If the one-month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then the recovery is carried out in court.
If the employer fails to comply with the established procedure for recovering damages, the employee has the right to appeal against the actions of the employer in court.
An employee who is guilty of causing damage to the employer may voluntarily compensate for it in whole or in part. By agreement of the parties to the employment contract, compensation for damage with installment payment is allowed. In this case, the employee submits to the employer a written obligation to compensate for the damage, indicating specific payment terms. In the event of the dismissal of an employee who gave a written commitment to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court.
Compensation for damage is made regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or inaction that caused damage to the employer.

Full financial responsibility of the employee. Cases of full liability of the employee

In accordance with Art. 242 and 243 of the Labor Code, the full liability of the employee consists in his obligation to compensate for the damage caused in full.
Liability in the full amount of the damage caused can be imposed on the employee only in cases provided for by the Labor Code or other federal laws.
Employees under the age of eighteen bear full liability only for intentionally causing damage, for damage caused while under the influence of alcohol, narcotic or toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.
Liability in the full amount of the damage caused is assigned to the employee in the following cases:
1) when, in accordance with this Code or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of the employee's labor duties;
2) shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;
3) intentional infliction of damage;
4) causing damage in a state of alcoholic, narcotic or toxic intoxication;
5) causing damage as a result of the criminal actions of the employee, established by a court verdict;
6) causing damage as a result of an administrative offense, if such is established by the relevant state body;
7) disclosure of information constituting a legally protected secret (official, commercial or other), in cases provided for by federal laws;
8) infliction of damage not in the performance of labor duties by the employee.

Written agreements on the full liability of employees. Collective (team) responsibility

Written agreements on full individual or collective (team) liability (Articles 244 and 245 of the Labor Code), that is, on compensation to the employer for damage caused in full for the lack of property entrusted to employees, are concluded with employees who have reached the age of eighteen years and directly serve or use monetary, commodity values ​​or other property.
The lists of works and categories of employees with whom these contracts may be concluded are approved in the manner established by the Government of the Russian Federation. The procedure is determined by the Decree of the Government of the Russian Federation of November 14, 2002 No. 823 and the Decree of the Ministry of Labor of December 31, 2002 No. 85.
When employees jointly perform certain types of work related to the storage, processing, sale (vacation), transportation, use or other use of the values ​​transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, collective (brigade) liability may be introduced.
A written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team).
When recovering damages in court, the degree of guilt of each member of the team (team) is determined by the court.

The concept of "administrative offense"

In accordance with Art. 2.1 of the Code of Administrative Offenses of the Russian Federation, an administrative offense is an unlawful, guilty action (inaction) of an individual or legal entity, for which the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses establish administrative responsibility.

Types of administrative penalties

For the commission of administrative offenses (Article 3.2 of the Code of the Russian Federation on Administrative Offenses), the following administrative penalties can be established and applied:
1) warning;
2) an administrative fine;
3) paid seizure of the instrument of committing or the subject of an administrative offense;
4) confiscation of the instrument of committing or the subject of an administrative offense;
5) deprivation of a special right granted to an individual;
6) administrative arrest;
8) disqualification
9) administrative suspension of activities.
A legal entity may be subject to administrative penalties listed in clauses 1-4, 9 of part 1 of Article 3.2. (as amended by Federal Law No. 45-FZ of May 9, 2005).
Warning - a measure of administrative punishment, expressed in the official censure of an individual or legal entity. A warning is issued in writing (Article 3.4 of the Code of Administrative Offenses of the Russian Federation).
An administrative fine is a monetary penalty and can be expressed as a multiple of the minimum wage (excluding regional coefficients) (from Article 3.5 of the Code of Administrative Offenses of the Russian Federation).
The amount of the administrative fine may not exceed:
An administrative fine is a monetary penalty, expressed in rubles and established for citizens in an amount not exceeding five thousand rubles; for officials - fifty thousand rubles; for legal entities - one million rubles, or can be expressed as a multiple of:
imposed on citizens - not more than five thousand rubles;
imposed on officials - not more than fifty thousand rubles;
imposed on legal entities - no more than one million rubles.
Disqualification consists in depriving an individual of the right to hold senior positions in the executive management body of a legal entity, to be a member of the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, and also to manage a legal entity in other cases provided for by the legislation of the Russian Federation. Administrative punishment in the form of disqualification is appointed by the judge.
Disqualification is established for a period of six months to three years.
Disqualification may be applied to persons exercising organizational, managerial or administrative and economic functions in the body of a legal entity, to members of the board of directors, as well as to persons engaged in entrepreneurial activities without forming a legal entity, including arbitration managers (Article 3.11. Code of Administrative Offenses of the Russian Federation).

Administrative suspension of activities consists in the temporary cessation of activities of persons engaged in entrepreneurial activities without forming a legal entity, legal entities, their branches, representative offices, structural divisions, production sites, as well as the operation of units, facilities, buildings or structures, the implementation of certain types of activities (works) , provision of services. Administrative suspension of activity is applied, in particular, in case of a threat to life or health of people.
An administrative suspension of activities is appointed by a judge only in cases where a less severe type of administrative punishment cannot ensure the achievement of the goal of an administrative punishment.
Administrative suspension of activities is established for a period of up to ninety days.
The judge, on the basis of a petition of a person engaged in entrepreneurial activities without forming a legal entity, or a legal entity, terminates the execution of an administrative penalty in the form of an administrative suspension of activity ahead of time, if it is established that the circumstances that served as the basis for imposing this administrative penalty have been eliminated.
In case of a continuing administrative offense, the time limits begin to be calculated from the day the administrative offense was discovered.
For administrative offenses entailing the application of an administrative penalty in the form of disqualification, a person may be held administratively liable no later than one year from the date of the administrative offense, and in the case of a continuing administrative offense - one year from the day of its discovery.
The following are extracts from the articles of the Code of Administrative Offenses, entailing:

Violation of labor and labor protection legislation

In accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation:
1. Violation of the legislation on labor and labor protection -
- for officials in the amount of five hundred to five thousand rubles;
- for persons engaged in entrepreneurial activities without forming a legal entity - from five hundred to five thousand rubles or an administrative suspension of activities for a period of up to ninety days;
- for legal entities - from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days.
2. Violation of the legislation on labor and labor protection by an official who was previously subjected to administrative punishment for a similar administrative offense - entails disqualification for a period of one to three years.

Administrative liability for evading participation in collective bargaining

In accordance with Articles 5.28 - 5.32 of the Code of Administrative Offenses of the Russian Federation, the following types of liability are provided:
Evasion of the employer or a person representing him from participating in negotiations on the conclusion, amendment or addition of a collective agreement, agreement or violation of the term established by law for negotiations, as well as failure to ensure the work of the commission for the conclusion of a collective agreement, agreement within the time limits specified by the parties,
- shall entail the imposition of an administrative fine in the amount of one thousand three thousand roubles.
Failure by the employer or the person representing him to provide, within the period established by law, the information necessary for conducting collective bargaining and monitoring compliance with the collective agreement, agreement,
Unreasonable refusal of the employer or the person representing him to conclude a collective agreement, agreement,
Violation or non-fulfillment by the employer or a person representing him of obligations under a collective agreement, agreement,
- shall entail the imposition of an administrative fine in the amount of three thousand to five thousand roubles.
Evasion of the employer or his representative from receiving the claims of employees and from participating in conciliation procedures, including the failure to provide premises for holding a meeting (conference) of employees in order to put forward demands or creating obstacles to holding such a meeting (such a conference),
- shall entail the imposition of an administrative fine in the amount of one thousand to three thousand roubles.

Administrative liability for violation of industrial safety requirements

In accordance with Art. 9.1 of the RF Code of Administrative Offenses:
1. Violation of industrial safety requirements or conditions of licenses to carry out activities in the field of industrial safety of hazardous production facilities,
- entails the imposition of an administrative fine:
for citizens in the amount of one thousand to one thousand five hundred rubles;
on officials - from two to three thousand rubles;
on legal entities - from twenty to thirty thousand rubles or an administrative suspension of activities for a period of up to ninety days.
2. Violation of industrial safety requirements for the receipt, use, processing, storage, transportation, destruction and accounting of explosives at hazardous production facilities,
- entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles; on officials - from three thousand to four thousand rubles; on legal entities - from thirty thousand to forty thousand rubles or an administrative suspension of activities for a period of up to ninety days.

Administrative liability for violation of fire safety requirements

In accordance with Article 20.4 of the Code of Administrative Offenses of the Russian Federation:
1. Violation of fire safety requirements established by standards, norms and rules, except for the cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offenses,
- entails a warning or the imposition of an administrative fine:
for citizens in the amount of five hundred to one thousand rubles;
on officials - from one thousand to two thousand rubles;
on persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or an administrative suspension of activities for a period of up to ninety days;
on legal entities - from ten thousand to twenty thousand rubles or an administrative suspension of activities for a period of up to ninety days.
2. The same actions committed under the conditions of a special fire regime,
- entail the imposition of an administrative fine:
for citizens in the amount of one thousand to one thousand five hundred rubles;
on officials - from two thousand to three thousand rubles;
for legal entities - from twenty to thirty thousand rubles.

Drawing up a protocol on an administrative offense

A protocol is drawn up on the commission of an administrative offense (Article 28.2 of the Code of Administrative Offenses of the Russian Federation).
The protocol shall indicate the date and place of its compilation, position, surname and initials of the person who drew up the protocol, information about the person against whom an administrative offense case has been initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if there are witnesses and victims , place, time and event of an administrative offense, an article of the Code of Administrative Offenses providing for administrative responsibility, an explanation of the individual or legal representative of the legal entity against whom the case has been initiated, other information necessary to resolve the case.
When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity against whom an administrative offense case has been initiated, as well as other participants in the proceedings on the case, are explained their rights and obligations, which is recorded in the protocol.
An individual or a legal representative of a legal entity in respect of whom a case on an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol on an administrative offense. These persons have the right to submit explanations and comments on the content of the protocol, which are attached to the protocol.
The protocol on an administrative offense is signed by the official who drew it up, the individual or the legal representative of the legal entity in respect of whom the administrative offense case has been initiated. If the indicated persons refuse to sign the protocol, an appropriate entry is made in it.
A natural person or a legal representative of a legal entity in respect of whom an administrative offense case has been initiated, as well as the victim, at their request, is handed a copy of the protocol on an administrative offense against signature.

Execution of the decision to impose an administrative fine

An administrative fine (Article 32.2 of the Code of Administrative Offenses of the Russian Federation) must be paid by a person brought to administrative responsibility no later than thirty days from the date of entry into force of the decision to impose an administrative fine or from the date of expiration of the deferment or installment period.
In case of failure to pay an administrative fine on time, a copy of the decision to impose an administrative fine shall be sent by the judge, body, official who issued the decision:
in relation to an individual - to an organization in which a person brought to administrative responsibility works, studies or receives a pension, in order to withhold the amount of an administrative fine from his salary, remuneration, scholarship, pension or other income;
in relation to a legal entity - to a bank or other credit organization to recover the amount of an administrative fine from the monetary funds or from the income of the legal entity.

Execution of the decision on administrative suspension of activities

In accordance with Art. 32.12 of the Code of Administrative Offenses of the Russian Federation The decision of the judge on the administrative suspension of activities is executed by the bailiff - the executor immediately after the issuance of such a decision.
In the event of an administrative suspension of activities, seals are applied, sealing of premises, places of storage of goods and other material assets, cash desks, and other measures are taken to implement the measures specified in the decision on administrative suspension of activities, which are necessary for the execution of an administrative penalty in the form of an administrative suspension of activities.
During the administrative suspension of activities, it is not allowed to apply measures that may entail irreversible consequences for the production process, as well as for the functioning and safety of life support facilities.
The administrative suspension of activities shall be prematurely terminated by the judge at the request of a person carrying out entrepreneurial activities without forming a legal entity, or a legal entity, if it is established that the circumstances that served as the basis for imposing an administrative penalty in the form of an administrative suspension of activities have been eliminated. In this case, the judge without fail requests the conclusion of an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense. The conclusion is given in writing, indicating the facts indicating the elimination or non-elimination by a person engaged in entrepreneurial activities without forming a legal entity, or by a legal entity, of the circumstances that served as the basis for imposing an administrative penalty in the form of suspension of activities. The conclusion is not obligatory for the judge and is evaluated according to the rules established by Article 26.11 of the Code of Administrative Offenses of the Russian Federation. The disagreement of the judge with the conclusion must be motivated.
The petition is considered by the judge within five days from the date of receipt by the court in the manner prescribed by Chapter 29 of this Code, taking into account the specifics established by this Article. At the same time, a person carrying out entrepreneurial activities without forming a legal entity, or a legal representative of a legal entity, who are entitled to give explanations and submit documents, is summoned to the court session.
After examining the submitted documents, the judge issues a decision to terminate the execution of an administrative penalty in the form of an administrative suspension of activities or to refuse to satisfy the petition.
The decision on the early termination of the execution of an administrative penalty in the form of an administrative suspension of activities shall indicate the information provided for in Article 29.10 of the Code of Administrative Offenses, as well as the date of resumption of the activities of a person engaged in entrepreneurial activities without forming a legal entity, or a legal entity, its branch, representative office, structural unit, production site , as well as the operation of units, facilities, buildings or structures, the implementation of certain types of activities (works), the provision of services.

Administrative responsibility for non-compliance within the established period of a legal order (decree, presentation) of the body (official) exercising state supervision (control) on the elimination of violations of the law

Failure to comply within the prescribed period (Article 19.5 of the Code of Administrative Offenses of the Russian Federation) with a legal order (decree, presentation) of a body (official) exercising state supervision (control) to eliminate violations of the law -
entails the imposition of an administrative fine:
for citizens in the amount of three hundred to five hundred rubles;
on officials - from five hundred to one thousand roubles;
for legal entities - from five thousand to ten thousand rubles.

The concept of "criminal liability"

In accordance with Art. 14 of the Criminal Code of the Russian Federation criminal liability - a form of legal liability for a criminal offense.
Criminal liability arises for acts (action or inaction) containing all the signs of a crime provided for by the Criminal Code of the Russian Federation.
Criminal offense- a guilty socially dangerous act prohibited by the Criminal Code of the Russian Federation under the threat of punishment.

Types of criminal penalties for violation of labor legislation, labor protection and industrial safety

The types of punishment are (Article 44 of the Criminal Code of the Russian Federation):
- fine;
- mandatory work;
- correctional work;
- confiscation of property;
- restriction of freedom;
- deprivation of liberty for a certain period;
- deprivation of the right to hold certain positions or engage in certain activities. Deprivation of the right to hold certain positions or engage in certain activities is established for a period of six months to three years as an additional type of punishment.

Responsibility for violation of safety regulations or other labor protection rules

In accordance with Art. 143 of the Criminal Code of the Russian Federation:
1. Violation of safety rules or other labor protection rules committed by a person who was responsible for observing these rules, if this negligently caused harm to human health
- shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by corrective labor for a term of up to two years, or by deprivation of liberty for a term of up to one year.
- shall be punishable by deprivation of liberty for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Responsibility for violation of safety rules in the course of mining, construction or other work

In accordance with Art. 216 of the Criminal Code of the Russian Federation:
1. Violation of safety rules in the course of mining, construction or other work, if this negligently entailed the infliction of grievous bodily harm or major damage, - months, or restraint of liberty for a term of up to three years, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
2. The same act, which negligently caused the death of a person,

Large-scale damage is recognized damage, the amount of which exceeds five hundred thousand rubles.

Responsibility for violation of safety rules at explosive facilities

In accordance with Art. 217 of the Criminal Code of the Russian Federation:
1. Violation of safety rules at explosive facilities or in explosive workshops, if this could lead to the death of a person or caused major damage,
- shall be punishable by a fine in the amount of up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or by restraint of liberty for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. .
2. The same act, which negligently caused the death of a person,
- shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to three years.
3. An act provided for by paragraph 1 of this article, which negligently caused the death of two or more persons,
- shall be punishable by deprivation of liberty for a term of up to seven years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Responsibility for violation of fire safety rules

In accordance with Art. 219 of the Criminal Code of the Russian Federation:
1. Violation of fire safety rules, committed by a person who was responsible for their observance, if this caused by negligence the infliction of grievous harm to human health,
- shall be punishable by a fine in the amount of up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.
2. The same act, which negligently caused the death of a person,
- shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to three years.
3. An act provided for by paragraph 1 of this article, which negligently caused the death of two or more persons,
- shall be punishable by deprivation of liberty for a term of up to seven years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Liability for crimes related to the use of explosive materials

In accordance with Art. Art. 218, 222, 226 of the Criminal Code of the Russian Federation:
Violation of the rules of accounting, storage. transportation and use of explosive, flammable substances and pyrotechnic products shall be punishable by restraint of liberty for a term of up to three years, or by arrest for a term of up to six months, or by deprivation of liberty for a term of up to four years, with a fine in the amount of up to 80 thousand rubles or in the amount of wages or other income of the convict for a period of up to three months or without it.

- shall be punishable by imprisonment for a term of five to eight years.
Illegal acquisition, transfer, sale, possession, transportation or carrying of firearms, ammunition, explosives or explosive devices
shall be punishable by restraint of liberty for a term of up to three years, or by arrest for a term of up to six months, or by deprivation of liberty for a term of up to four years, with a fine in the amount of up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or without such.
2. The same acts committed by a group of persons by prior agreement,
- shall be punishable by imprisonment for a term of two to six years.
3. The deeds provided for by the first or second parts of this article, committed by an organized group,
- shall be punishable by imprisonment for a term of five to eight years.

Theft or extortion of firearms, their accessories, ammunition, explosives or explosive devices

1. Theft or extortion of firearms, their components, ammunition, explosives or explosive devices
- shall be punishable by imprisonment for a term of three to seven years.
3. The acts provided for by paragraphs one or two of this article, if they have been committed:
a) by a group of persons by prior agreement;
b) expired. - Federal Law No. 162-FZ dated 08.12.2003;
c) by a person using his official position;
d) with the use of violence not dangerous to life or health, or with the threat of such violence,
- are punishable by deprivation of liberty for a term of five to twelve years, with or without a fine in the amount of up to 500 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
4. The acts provided for by the first, second or third parts of this article, if they are committed:
a) an organized group;
b) with the use of violence dangerous to life or health, or with the threat of such violence,
- shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in the amount of up to 500 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

Tags: Responsibility for violations of labor law requirements, labor protection, industrial safety, articles and lectures on labor protection

The Labor Code of the Russian Federation stipulates liability for violation of labor laws for employees and employers. Read this article to find out what and in what cases penalties are applied.

Which article of the Labor Code of the Russian Federation regulates the issues of bringing to responsibility

According to Art. 419 of the Labor Code of the Russian Federation, those guilty of violating labor rights are subject to disciplinary and / or material liability in the manner established by labor legislation or other federal law. It is also allowed to bring the perpetrators to administrative and criminal liability in the manner prescribed by federal laws.

Types of liability for violation of labor laws

In the Russian Federation, the following types of liability for violation of labor laws apply:

1. Disciplinary - occurs for employees for violation of the labor schedule, which is a disciplinary offense. Expressed in the form of a disciplinary sanction.
2. Material - occurs for employers and employees in the event of damage to the injured party and consists in the obligation to compensate for the damage. Unlike the situation with an employee, the employer may be required to compensate not only the actual damage, but also the amount of lost profits.
3. Administrative - occurs for the head and other officials who have committed administrative offenses. Violators are subject to administrative punishment in the form of a fine.
4. Criminal - applies to leaders who commit the most serious violations of the Labor Code of the Russian Federation. The perpetrators may be temporarily banned from holding a number of positions or conducting certain activities.

It is worth noting: there is also civil liability for violations of labor laws. It is in many ways similar to liability, however, unlike the latter, it is regulated not by the Labor Code, but by federal laws and the Civil Code of the Russian Federation. Civil liability provides for the head of the need to compensate the organization or employees for losses caused by his guilty actions.

Examples of bringing to different types of responsibility

Let us consider in more detail, for which violations certain types of liability are applied and what penalties are provided.

Disciplinary responsibility

Disciplinary liability for an employee occurs when a disciplinary offense is committed. This is the failure or improper performance of official duties due to the fault of the employee. According to par. 1 st. 192 of Law No. 197-FZ, the following types of penalties are permissible:

• comment;
• rebuke;
• dismissal for appropriate reasons.

Some categories of workers may be subject to other types of disciplinary sanctions. For them, there are charters and regulations on discipline established by federal laws (Regulations on the discipline of railway transport workers of the Russian Federation, etc.).

Some enterprises introduce fines for being late, non-compliance with the internal dress code. Such sanctions are illegal. In para. 4 tbsp. 192 of Law No. 197-FZ there is an indication of a ban on the application of disciplinary sanctions that are not specified in the Labor Code of the Russian Federation, charters and regulations on discipline established by federal laws.

According to par. 5 st. 193 of Law No. 197-FZ, it is allowed to apply only 1 disciplinary punishment for each violation. The type of punishment is chosen based on the severity of the offense and the circumstances of the incident.

Bringing an employee to disciplinary liability for violation of labor laws in 2019 is not a mandatory measure. The employer has the right not to apply the penalty at his own discretion (paragraph 1 of article 192 of law No. 197-FZ).

Before applying a disciplinary sanction, the employer must request an explanation in writing from the employee. If the employee refuses to give an explanation, this will not be an obstacle to the application of the penalty. A disciplinary sanction may be applied no later than 1 month from the day the misconduct was discovered and no later than 6 months from the day the misconduct was committed, and based on the results of an inspection or revision, no later than 2 years from the day it was committed.

Material liability

The financial manager to the company is obliged to fully compensate for the direct actual damage (part 1 of article 277 of law No. 197-FZ). The head also compensates the legal entity for losses that arose through his fault.

The liability of the employer for violation of labor legislation in relation to the employee arises when:

• illegal deprivation of an employee of the opportunity to perform official duties (Article 234 of Law No. 197-FZ);
• causing property damage to an employee (Article 235 of Law No. 197-FZ);
• delay in the payment of wages or other due payments to an employee (Article 236 of Law No. 197-FZ). Read about the employer's liability for delayed payment of wages;
• causing moral harm to an employee (Article 237 of Law No. 197-FZ).

Depending on the circumstances of the damage, the employer has the right to decide not to recover it on the basis of Art. 240 of Law No. 197-FZ.

Administrative responsibility

Additional fact

Each manager has information about the personal data of his employees. Disclosure of this information may also lead to punishment of the official. He can be brought to administrative, material, and even criminal liability. Read more about the responsibility for the disclosure of personal data by the employer.

The Code of Administrative Offenses provides for administrative liability for violation of labor laws. Administrative violations include the following:

• violation of the Labor Code of the Russian Federation and labor protection legislation (Article 5.27 of the Code of Administrative Offenses);
• evading participation in negotiations on the signing of a collective agreement or violation of the term for its conclusion (Article 5.28 of the Code of Administrative Offenses);
• failure to provide information necessary for conducting collective bargaining and organizing control over compliance with the terms of the collective agreement (Article 5.29 of the Code of Administrative Offenses);
• unmotivated refusal to conclude a collective agreement (Article 5.30 of the Code of Administrative Offenses);
• violation or refusal to fulfill obligations under a collective agreement (Article 5.31 of the Code of Administrative Offenses);
• evasion from receiving the demands of employees and from participating in reconciliation procedures (Article 5.32 of the Code of Administrative Offenses);
• non-fulfillment of the terms of the agreement (Article 5.33 of the Code of Administrative Offenses);
• dismissal of employees as a result of a collective labor dispute and strike (Article 5.34 of the Code of Administrative Offenses);
• coercion to participate or to refuse to participate in a strike (Article 5.40 of the Code of Administrative Offenses);
• violation of the rights of persons with disabilities in terms of employment and employment (Article 5.42 of the Code of Administrative Offenses);
• concealment of an insured event (Article 5.44 of the Code of Administrative Offenses);
• non-compliance with the rules for attracting and using foreign labor in the Russian Federation (Article 18.10 of the Code of Administrative Offenses).

The administrative responsibility of the head for violation of labor laws (most often this) is to impose a fine. Disqualification is also possible - depriving a person of the right to work as a leader, to be a member of the board of directors, to conduct entrepreneurial activities to manage a legal entity (Article 3.11 of the Code of Administrative Offenses).

Disqualification applies to individuals who perform managerial functions in companies. Penalties for administrative offenses provided for in Articles 5.28 - 5.33, 5.44 of the Code of Administrative Offenses can be applied both to legal entities - employers, and to officials - their representatives. Penalties for committing offenses under Art. 5.27, 5.40, 5.42 apply only to individuals.

Learn more about the fines for violating labor laws in this video.

Criminal liability

In some cases, criminal liability is introduced for violation of labor laws. Criminal offenses include:

• violations of labor protection rules committed through negligence and resulting in serious bodily harm or death of an employee (Article 143 of the Criminal Code);
• unmotivated denial of employment, unreasonable or mothers of children under 3 years of age (Article 145 of the Criminal Code);
• salary delay for more than 2 months, which arose due to selfish or other personal interest (Article 145.1 of the Criminal Code).

For the commission of these crimes, along with other types of punishment, it is allowed to deprive the perpetrators of the right to get certain positions or engage in certain types of activities for up to 5 years.

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