Violation of discipline at work. Violation of labor discipline. Are they included in the work book

09.11.2019

Labor discipline(labor discipline) - obligatory obedience for all employees to the rules of conduct determined in accordance with the laws, employment contract, the rules of the internal work schedule and other acts of the organization. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

For violation labor discipline, expressed in the commission of a disciplinary offense, i.e. non-performance or improper performance by the employee through his fault assigned to him labor duties, the employer, depending on the misconduct, has the right to apply the following disciplinary sanctions:

 remark;

 reprimand;

 dismissal for appropriate reasons.

In accordance with Art. 193 TC before application disciplinary action 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 provide an explanation is not an obstacle to the application disciplinary action.

The application of a disciplinary sanction is formalized by an order (instruction) of the employer, which 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 is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, on vacation, and based on the results of an audit, audit of financial and economic activities or an audit, no later than two years from the date of its commission.

For each disciplinary offense, only one disciplinary action.

Information about collections work book are not included, unless disciplinary action is dismissal (Article 66 of the Labor Code).

Violation of any application condition disciplinary action is the basis for its cancellation at the request of the employee.

If within a year from the date of application disciplinary action(remarks or reprimand) the employee will not be subjected to a new disciplinary action, then it is considered to have no disciplinary action. Employer until the expiration of one year from the date of application disciplinary action 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 direct.

45. Liability of employees

The Labor Code of the Russian Federation defines the liability of an employee as his obligation to compensate the employer for the direct actual damage caused to him.

Conditions for holding an employee liable

The Labor Code of the Russian Federation establishes the following conditions for the onset of material liability of the employee(the absence of at least one of them excludes liability):

the presence of direct actual damage - a decrease in the property of the employer or deterioration of the state of this 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 ;

wrongful conduct;

proven guilt of the employee;

the presence of a causal relationship between the unlawful behavior of the employee (action or inaction) and the damage caused.

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 losses to other persons (for example, damage to rented equipment).

Simultaneously with material liability, an employee may be subject to disciplinary, administrative or criminal liability.

The term for bringing to liability is not later than one month after the amount of damage caused is established.

The amount and limitations of the employee's liability

For the damage caused, the employee is liable within the limits of his average monthly earnings. In addition, the Labor Code also allocates full material liability, according to which the employee is obliged to compensate the direct actual damage caused to the employer in full.

Employees under the age of eighteen bear full financial responsibility only for damage caused by:

deliberately

in a state of alcoholic, narcotic or other toxic intoxication,

as a result of a crime or administrative offense.

Liability in the full amount of the damage caused to the employer can be established in the cases provided for in Art. 243 of the Labor Code of the Russian Federation.

The lists of works and categories of employees with whom contracts on full liability can be concluded, as well as standard forms of these contracts, are approved in the manner established by the Government of the Russian Federation. It should also be remembered that an agreement on full liability cannot be concluded with an employee under the age of 18.

Types of liability

The Labor Code identifies the following types of responsibility:

- Limited(Article 241 of the Labor Code of the Russian Federation). Arises regardless of whether a contract of material liability is concluded or not, in the event of direct actual damage to the employer. Article 241 of the Labor Code of the Russian Federation limits such liability to the limits of the employee's average monthly earnings.

- Complete(Article 242 of the Labor Code of the Russian Federation). It occurs in cases strictly defined by law on the basis of a concluded liability agreement and involves full compensation for the damage caused to the employer.

- Individual(Article 244 of the Labor Code of the Russian Federation). An employee who has concluded an individual liability agreement with the organization is fully responsible for the safety of the property that he personally received under the reporting document (even if sometimes other persons have access to this property).

- Collective(Article 245 of the Labor Code of the Russian Federation). In the event that a team (for example, a team) performs work related to the storage and use of inventory items, and also if it is impossible to delineate the limits of responsibility of each of the employees, collective (team) liability may be introduced.

The procedure for bringing to liability

The amount of damage caused to the employer in the event of loss and damage (spoilage) of property is determined by actual losses calculated on the basis of market prices in force in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.

The procedure for bringing an employee to liability:

1. Determine the amount of damage;

2. Determine the degree of responsibility of the employee;

3. Create a commission to establish the reasons;

4. Get an explanatory note from the guilty employee;

5. Draw up an act on the results of an internal investigation;

6. Familiarize the employee with the audit materials;

7. Issue an order to recover from the employee the amount of damage caused;

8. Register the order;

9. Familiarize the employee with the order.

Article 247 of the Labor Code of the Russian Federation imposes on the employer the obligation to conduct an inspection of inventory items before making a decision on compensation for damage by the employee (employees). The purpose of such an inspection is to establish the fact of causing damage, to determine the amount of damage and to find out the reasons for its occurrence.

Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly salary, 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 employee admits his guilt and is ready to voluntarily compensate for the damage caused to the employer, the parties to the employment contract may conclude an agreement on compensation for damage with installment payment.

Article 138 of the Labor Code of the Russian Federation contains a rule according to which, if the employee agreed to voluntarily compensate for the damage, more than 20% of earnings cannot be deducted from it.

Methods of compensation for the damage caused can be different: payment of funds, deduction from salary, repair of damaged property, replacement with an equivalent one, etc.

The employer has the right to reduce the amount of the penalty for damage caused by the employee, or to refuse compensation altogether.

Such actions may include, among others:

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

Labor discipline and legislation The legislative basis for the norms on labor discipline is concentrated in the Labor Code of the Russian Federation. The Code contains a separate chapter on labor discipline (Chapter 30). It defines the basic requirements for measures to encourage employees, types of disciplinary sanctions, the procedure for applying and removing disciplinary punishment for different categories of workers. In addition, the norms of the code describe such violations labor discipline for which dismissal may follow, as well as the procedure for documenting these violations. Features of the application of the requirements of the Labor Code are commented on by the Supreme Court of the Russian Federation in the resolution of the plenum "On the application by the courts of the Russian Federation Labor Code» from 17.03.2004 No. 2.

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

Help in most general view PVTR usually include:

the general procedure for hiring, transferring to a new place and dismissal of employees;
the rights and obligations of employees and employers in relation to each other and other members of the team;
the procedure for the operation of the company and its individual divisions;
work and rest schedule various categories company employees;
the procedure for applying penalties and incentives applied in the organization;
other issues governing the rules for the implementation labor activity at the enterprise.

The text of the developed document is being approved by the head of the company in the prescribed manner. If there is a trade union in the organization, it must also approve the draft document.

Labor discipline and responsibility for its violation

Types of violations of labor discipline Depending on the norms of the 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 standards);
violation of the regime of working hours and rest time (violation of regime norms).

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

Violations of labor discipline

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

Violation of labor discipline

If the employee provided explanatory note, an act of violation and a memorandum of the immediate supervisor of the employee are attached to it. This package of documents is submitted to senior management in order to make a decision on recovery. The order to impose a penalty After studying the circumstances of the committed disciplinary offense 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 the forms No. T-8 and No. T-8a, approved by the Decree of the State Statistics Committee of Russia dated 05.01. 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 a lunch break or to the beginning of the working day;
unacceptable appearance- presence at the workplace in a state of intoxication (alcohol, narcotic or toxic);
neglect of the rules of labor protection and safety, which led to an accident or accident;
cases of theft of company property, its damage;
improper level of performed obligations (low quality, non-compliance with established requirements);
disclosure of trade secrets of the organization;
non-compliance with subordination (disobedience to orders of higher employees, neglect of the hierarchy that has been established in the company);
committing an immoral act.

Upon detection of the fact of non-compliance with the rules, an act on violation of labor discipline is drawn up.

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

Find out which wording is better to use for these purposes in our material. Help Imposing a disciplinary sanction The specific type of sanction for violation of labor discipline is determined by the employer based on the characteristics of a particular situation and the possible negative consequences of the employee's act for the organization.

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

The result of the meeting of the commission will be an act with a decision on the type of disciplinary punishment. Practice knows many examples of violations of labor discipline. Most of them relate to non-gross offenses and are often limited to verbal remarks.
For example, worker Ivanov. A.A. violated the work schedule by showing up to work an hour later than the scheduled time without a good reason. In this case, the employer may limit himself to an oral warning, which is drawn up in the form of an act on a disciplinary violation.

Violation of labor discipline example and consequences

The document is drawn up by the immediate supervisor of the employee in the presence of two witnesses in two copies (one immediate supervisor is transferred to the top management for a decision on the recovery, the other copy is transferred 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 of the employee The employee is required to provide written explanations regarding the disciplinary offense committed by him (it is recommended to require an explanation in writing so that this fact is recorded).

Info

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

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

In addition to the basic requirements, the rules of labor discipline may indicate other duties of employees related to the specifics of the work of each organization.
Responsibility for violation of labor discipline According to labor law each employee is responsible for observing 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 his labor activity, against signature. In case of violation of labor discipline by an employee, the employer has the right to apply penalties at its discretion, depending on the severity of the misconduct. The order of recovery for a disciplinary offense Punishment for violation of labor discipline is established by the head of the enterprise on the basis of legislative norms and available information.
An act on the commission of a disciplinary offense When an employee commits any disciplinary offense, an appropriate act is drawn up.
On the Constitutional Court of the Russian Federation” dated July 21, 1994 No. 1-FKZ, a judge of the Constitutional Court may be subject to a disciplinary sanction in the form of:

warnings;
termination of powers.

The Labor Code of the Russian Federation prohibits the use of disciplinary sanctions that are 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 mark on a disciplinary sanction in the form of dismissal is entered in work book, and dismissal for violation of labor discipline can forever spoil professional biography. However, it is possible to dismiss for a labor misconduct only if, in the presence of an imposed disciplinary sanction (remark or reprimand), a violation is again committed.

Therefore, there are three types of disciplinary offenses:

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

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

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

For violation of labor discipline, the legislation provides for disciplinary liability. But not every violation of an employee is a disciplinary offense. Consider what exactly can be attributed to such misconduct.

What can they punish?

Punishment may occur if the employee has committed a disciplinary offense. The legislator refers to such an offense as:

non-fulfillment of labor duties due to the fault of the employee;
performance of labor duties improperly (the employee must also be at fault).

Not a disciplinary offence:

any violations on the part of the employee that are not related to his job duties;
if in the negative circumstances that have arisen there is no fault of the employee;
if there is no causal relationship between the violation of duties by the employee and the negative consequences that have occurred.

Violation of labor discipline

Labor discipline is general rules and requirements set by the organization. Such rules and obligations are fixed in the company's regulations, for example, in the labor regulations.

Discipline is ensured by the creation of economic and organizational conditions that are necessary for normal high-performance work.

In order for the employer and employee to clearly understand who is responsible for what, the work responsibilities of all employees must be described in detail. All hiring persons must be familiar with them. Job responsibilities are set out in employment contract. In more detail, they can be reflected in the individual job description.

What measures can be taken?

Disciplinary responsibility in labor law provides for the following types of fees:

remark (the most lenient punishment);
rebuke;
dismissal (the most severe punishment).

For some workers, legislation may provide for other types of punishment. For example, a severe reprimand can be applied to customs officers, and to employees of the prosecutor's office - deprivation of a badge, demotion in class rank.

How to choose a specific measure?

The legislator did not provide a specific list of violations for which the employer has the right to choose a specific punishment. Only the grounds for dismissal are listed when the termination labor relations associated with a breach of duty by the employee.

When choosing a punishment, the employer must adhere to the following rules:

it is necessary to take into account the consequences of the violation, its severity and other objective circumstances;
for minor violations, the most lenient punishment can be applied;
for each disciplinary offense, only one penalty can be applied (for example, it is not allowed to announce both a remark and a reprimand);

Material liability is not a disciplinary action. In this regard, bringing the employee to liability, the employer has the right to simultaneously apply the corresponding one penalty.

Application of penalty

Before an employer takes action against an employee who has committed a violation, the employee must be given an opportunity to explain himself. The employer must require the employee to write an explanatory note. If the employee refuses to explain, then after two days the management has the right to draw up an act about this. On the basis of an explanation or an act of non-explanation, management must issue an order for the application of a disciplinary sanction of their choice. This order must be announced to the violator against signature within three working days. These days do not include the absence of the worker. If the employee refuses to familiarize himself with the order and put his signature on the order, then the management should draw up an act about this.

To apply this or that penalty to an employee, it is necessary to determine which of the violations of labor discipline can be attributed to his misconduct. In the article, we will consider in detail the types of violations of labor discipline, as well as the procedure for collecting for violations.

Violation of labor discipline

Labor discipline is understood as the rules of conduct that are mandatory for observance by absolutely all employees of the organization, including its head. Labor discipline includes such rules as internal labor regulations, labor protection, corporate ethics, etc.

Important! Labor discipline must be observed by all employees of the company, including the head and ordinary ordinary workers.

Each company develops its own rules for itself. According to the labor schedule, for example, they contain features of discipline and the labor process itself and include the start time of work, its completion, bonuses, and other issues, that is, they represent instructions for workers on the work process. They are developed by the employer, after which they approve and ensure their implementation.

Types of violations of labor discipline

Depending on what norms of the labor process are established in the organization, there are violations: managerial, technological and regime norms.

Under the violation of managerial norms is understood a violation of subordination, under technological - the production process, and under the violation of security standards is understood as a violation of the regime of work or rest. For example, a technological violation will be recognized as the release of defective products due to the fault of an employee, and a regime violation - absenteeism of an employee, systematic lateness to work or leaving work earlier than the allotted time. Violation of subordination implies disobedience of the employee to his immediate superior or refusal to comply with the written orders of the head of the company.

At the same time, two such concepts as liability and disciplinary violation should not be confused. The material liability of an employee may arise not only during the employment relationship, but also after their completion, if it was inflicted during work.

Depending on the type of disciplinary violation, an investigation of its cause is carried out, as well as the collection of documents necessary to confirm the violation.

Violations of labor discipline include:

The appearance of an employee in a state of alcoholic (drug) intoxication at the workplace;
Violation of labor protection by an employee, which led to an accident or an accident;
Absenteeism;
Damage to the property of the employer (including equipment), its waste or theft;
Repeated lateness of the employee both to the beginning of the shift and after lunch break or leaving work before graduation labor day or for lunch;
Disclosure of a trade secret by an employee;
Non-fulfillment or improper fulfillment by the employee of duties, in accordance with the quality requirements established at the enterprise;
Refusal of the employee to undergo a medical examination or training if it is necessary to perform work duties;
Violation of subordination in a rough form;
Committing an immoral act;
Deliberately ignoring orders or directives from management;
Willful failure to comply with the rules and instructions of the company.

Misdemeanors such as the appearance of an employee at work in a state of intoxication, theft, multiple absenteeism are gross violations of labor discipline.

Responsibility of an employee in case of violation of labor discipline

Every employee is obliged to observe labor discipline in the organization, regardless of their position. When hiring a new employee, he must be familiarized with all the rules that govern his work activities, namely, with the internal labor regulations, job descriptions, labor protection rules, etc. under his signature.

Consider what penalties can be applied to employees (Article 192 of the Labor Code of the Russian Federation):

Comment;
Reprimand, as well as deprivation of the employee of the bonus, if it is provided for in local acts organizations;
Dismissal.

The remark does not threaten the employee with any troubles, it is issued if the committed misconduct for the employee was the first in his work activity, and the violation cannot be classified as gross and it did not lead to serious consequences for the enterprise. If an employee soon commits another such misconduct, then this will already indicate a systematic violation of labor discipline by him.

Important! For a single non-gross violation of labor discipline, the employee is only threatened with a remark. In the case of systematic misconduct or gross violation, he is threatened with a reprimand or dismissal.

A reprimand is distinguished between strict and ordinary. It is not entered in the work book, but it must be fixed by order. It is possible to enter into a labor reprimand only if the result of systematic violations of labor discipline was the dismissal of the employee.

Dismissal is an extreme measure of punishment, it is applied when a gross disciplinary violation is committed, or if the employee systematically violates labor discipline and does not fulfill his labor duties. For example, a teacher educational institution can be fired for committing an immoral act.

Collection procedure

On the basis of legislative acts and information received by the head about the violation of labor discipline, he makes a decision on punishment. At the same time, the violation must be justified, and the punishment is commensurate with the misconduct committed by the employee.

Having collected the necessary information, they draw up an act of committing a disciplinary offense by an employee. Such an act is drawn up by the head of the organization or the immediate supervisor of the employee in the presence of 2 = x witnesses. It is compiled in two copies. The form for such an act must be approved in the internal regulations of the company. Also, the rules approve the persons responsible for the preparation of this act.

The employee must give a written explanation of the disciplinary offense committed by him. If the employee refuses to give the required explanations, this fact is recorded in special acts.

Explanations of the employee, drawn up by him in writing, are attached to the act of violation and the memorandum of the head of the employee is transferred to the head of the company for a decision on penalties.

Important! The head, having studied the circumstances of the violation, the available documents, decides on the type of penalty and issues an order to impose a penalty.

The order must contain a description of the disciplinary offense, the date and time of its commission, as well as the type of penalty. In addition, the document indicates the document regulating the procedure for the applicable penalty. The order is signed by the head of the organization, the head of the employee who has been punished, as well as the head personnel service. The employee, no later than three days from the moment of issuing the order, must familiarize himself with it under his signature. A copy of the order is filed in the employee's personal file.