The concept of labor discipline. General provisions on labor discipline. Basic regulations on labor discipline and their characteristics Labor discipline of certain categories of workers

Therefore, we can distinguish three type of disciplinary offenses:

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

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

Thus, when producing defective products, the employee’s guilt is established in case of violation of technological standards, absenteeism, being late for work, or unproductive use of working time (guilty violation by the employee of working hours). The investigation of managerial misconduct involves identifying the person responsible for the employee’s failure to comply with the legal order of the head of the production process.

Chapter 29. GENERAL PROVISIONS

Article 189. Labor discipline and work schedule

Labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with this Code, other federal laws, collective agreements, agreements, local regulations, and employment contracts. (as amended by Federal Law No. 90-FZ of June 30, 2006)

The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, and employment contracts, to create the conditions necessary for employees to comply with labor discipline. (as amended by Federal Law No. 90-FZ of June 30, 2006)

The labor schedule is determined by the internal labor regulations. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Internal labor regulations are a local regulatory act that regulates, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, and as well as other issues of regulating labor relations with this employer. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 190. Procedure for approval of internal labor regulations

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Internal labor regulations are usually an annex to the collective agreement. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Chapter 30. LABOR DISCIPLINE

Article 191. Incentives for work

The employer encourages employees who conscientiously perform their job duties (declares gratitude, gives a bonus, awards a valuable gift, a certificate of honor, nominates them for the title of the best in the profession).

Other types of incentives for employees for work are determined by a collective agreement or internal labor regulations, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 192. Disciplinary sanctions

For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) may also provide for other disciplinary sanctions for certain categories of employees. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of part one of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of part one of Article 81 of this Code Code in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by an employee at the place of work and in connection with the performance of his job duties. (as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated February 28, 2008 N 13-FZ, dated December 3, 2012 N 231-FZ)

The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted. (Part four introduced by Federal Law No. 90-FZ of June 30, 2006)

When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account. (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 193. Procedure for applying disciplinary sanctions

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up. (Part one as amended by Federal Law No. 90-FZ of June 30, 2006)

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Disciplinary action 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 cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up. (as amended by Federal Law No. 90-FZ of June 30, 2006)

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 194. Removal of disciplinary sanctions

If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.

The employer, before the expiration of a year from the date of application of the 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.

Article 195. Bringing to disciplinary liability the head of the organization, the head of the structural unit of the organization, their deputies at the request of the representative body of employees

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.

If the fact of violation is confirmed, the employer is obliged to apply disciplinary action to the head of the organization, the head of the structural unit of the organization, and their deputies, up to and including dismissal.

Under labor discipline is understood obligatory for all employees to comply with the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other laws, collective agreements, agreements, employment contracts, and local regulations of the organization.

The organization's labor regulations are determined by the internal labor regulations adopted by the employer, taking into account the opinion of the representative body of employees.

The main regulatory acts regulating issues of labor discipline and labor regulations are: Labor Code of the Russian Federation (Section VIII, Chapter 29, 30); charters and regulations on discipline of certain sectors of the economy in accordance with federal laws; internal labor regulations or collective agreements of organizations.

Internal labor regulations include:

• – the procedure for hiring and dismissing employees;
• – basic rights and obligations of the employee;
• – basic rights and obligations of the employer;
• – working hours of the organization (start and end times of work, types of working hours, flexible work schedules, rotational work organization, shift patterns, weekends and holidays, overtime, duty, etc.);
• – procedure for recording working hours;
• – breaks during the working day;
• – annual leave (main and additional);
• – leaves without pay;
• – incentive measures for success in work;
• – types of disciplinary sanctions for violation of labor discipline.

Internal labor regulations can be developed independently or as an annex to the organization’s collective agreement.

For a conscientious attitude to work, the employer can apply to the employee measure of encouragement provided for in the internal labor regulations of the organization. Labor legislation (Article 191 of the Labor Code of the Russian Federation) contains an approximate list of incentive measures:

• – declaration of gratitude;
• – issuing a bonus;
• – awarding with a valuable gift, certificate of honor;
• – nomination for the title “Best in the Profession”.

The organization's internal labor regulations, as well as charters or discipline regulations, may provide for other incentive measures for employees.

At the same time, for special services to society and the state, employees can be nominated for state awards (state awards, orders, medals), honorary titles, etc.

Disciplinary responsibility is a type of legal liability of an employee for committing a disciplinary offense related to the performance of labor duties.

In labor legislation there are two types of disciplinary liability: general And special.

General disciplinary liability can be applied to all categories of employees if they commit a disciplinary offense. The types of disciplinary sanctions that can be applied as a measure of general disciplinary liability are provided for in Part 1 of Art. 192 Labor Code of the Russian Federation. This list is closed. The organization does not have the right to apply any other disciplinary measure to employees (except for cases of special disciplinary liability).

Special disciplinary liability is provided for certain categories of employees working in certain sectors of the economy where statutes and regulations on discipline approved by resolutions of the Government of the Russian Federation are in force (railway transport, air transport, nuclear energy, state civil servants, customs authorities).

For committing a disciplinary offense, i.e. Failure to perform or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

• – remark;
• – reprimand;
• – dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.

The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

The law establishes a strict procedure for imposing disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation). Thus, before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If after two working days the employee does not provide an explanation, the employer must draw up a corresponding report. At the same time, the employee’s refusal to give an explanation is not an obstacle to applying disciplinary action.

Violation of the specified procedure for imposing a disciplinary sanction entails recognition of it as an illegal body for the consideration of labor disputes.

A disciplinary sanction can be applied no later than a 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 necessary to take into account the opinion of the representative body of employees.

In this case, a disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication. If the employee refuses to sign the order (instruction), a corresponding act is drawn up.

The law indicates that a disciplinary sanction can be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.

Disciplinary action removed, if within a year from the date of its application the employee is not subjected to a new disciplinary sanction, he is considered to have no disciplinary sanction.

The employer, before the expiration of a year from the date of application of the 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.

The employer is obliged to create the conditions necessary for employees to comply with labor discipline. The organization's labor regulations are determined by the internal regulations, which is a local regulatory act of the organization that regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, working hours, rest periods, incentives and penalties.

The responsibilities of employees listed in the Labor Code are the general responsibilities of all employees of any organization. Job responsibilities can be divided into:

1. those that must be performed constantly;

2. those that are executed at the request of an authorized person (to promptly and accurately execute the employer’s orders);

3. those that must be fulfilled upon the occurrence of certain legal facts (submit the necessary documents when applying for a job).

Labor discipline in organizations, including medical institutions, is ensured by the creation of the necessary organizational and economic conditions for normal work, a conscious attitude to work, educational methods, as well as incentives for voluntary work.

For committing a disciplinary offense, that is, non-fulfillment or improper fulfillment by an employee through his fault of the assignment of labor duties to him, the employer has the right to apply the following disciplinary sanctions: reprimand, reprimand, dismissal on appropriate grounds. Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions. For medical workers, the internal labor regulations also provide for transfer to a lower-paid job or displacement to a lower position as a disciplinary sanction. They are applied for a period of up to 3 months, taking into account the education and health status of the employee.

It is necessary to distinguish disciplinary sanctions from disciplinary measures that are established by the employer (deprivation of bonuses, non-provision of benefits).

In order to determine whether an employee has committed a disciplinary offense, it is necessary to analyze its composition. It includes four elements: subject, subjective side, object, objective side.

Subject disciplinary offense - an employee who had an employment relationship with the employer.

Subjective side– the employee’s attitude towards his offense in the form of guilt. Liability arises if guilt is expressed in the form of intent (the employee was aware that he was committing a violation and wanted to commit it) or negligence. Negligence comes in two forms. A disciplinary offense is considered to have been committed carelessly if the employee foresaw the possibility of a violation, but arrogantly expected not to commit it without sufficient grounds. A disciplinary offense is considered to be committed due to negligence. If the employee did not foresee. That he will commit a violation, although he could have foreseen the consequences of his actions (inactions). Violation of labor discipline can be committed both in the form of action and inaction (for example, the employee did not fulfill his duty).

Object of disciplinary offense- this is what the offender encroaches on, what he causes harm to. These include the rights and obligations of the parties to the employment relationship, the interests of the state, the employer’s property, the requirements of internal regulations, etc.

Objective side disciplinary offense is expressed in action or inaction, the occurrence of adverse consequences. An obligatory element of the objective side is the causal connection between the offense and the harmful consequences. The objective side also includes the time, place and other circumstances of the commission of the offense.

Before imposing disciplinary action, the employer must request a written explanation from the employee. If the employee refuses to give an explanation, a corresponding report is drawn up. Disciplinary action is applied no later than one month from the date of discovery of the misconduct. For each disciplinary offense, only one disciplinary sanction can be applied. The employer's order to apply a disciplinary sanction is announced to the employee against signature within 3 days from the date of its publication (Article 193 of the Labor Code of Russia).

The norms of administrative law regulate the activities of executive authorities, establishing the procedure for their formation, the competence of the bodies, the rights, duties and responsibilities of civil servants. Russia, as a federal executive body, manages healthcare institutions through the norms of administrative law, which are contained in orders, instructions, and regulations.

Administrative liability is a type of legal liability, which consists in the fact that a governing body or its official applies administrative penalties to a person who has committed an administrative offense. Administrative liability is established by the Code of Administrative Offenses of the Russian Federation and other regulations that came into force on July 1, 2002.

Various executive authorities, local government bodies, their officials, and judges can be held administratively liable. Administrative penalties, unlike disciplinary ones, are applied by bodies and officials against persons not subordinate to them by work or service.

The basis for bringing to administrative liability is an administrative offense, which represents an unlawful, guilty action or inaction of an individual or legal entity for which administrative liability is established by law.

To bring to administrative responsibility, it is necessary that the unlawful act committed contains signs of a specific administrative offense provided for by the Code of Administrative Offenses. Chapter 6 of the Administrative Code contains offenses that infringe on the health, sanitary and epidemiological well-being of the population and public morality. These are offenses such as concealing the source of infection with HIV infection, venereal disease (Article 6.1), violation of legislation in the field of ensuring sanitary and epidemiological welfare of the population (Article 6.4), prostitution (Article 6.1), etc.

The subject of an administrative offense under Art. 6.2 of the Code (illegal private medical practice, private pharmaceutical activities or traditional medicine) may include medical and pharmaceutical workers engaged in professional activities without a license or violating the procedure for practicing traditional healing.

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