The disciplinary liability of workers belongs to the legal category and may be imposed for unlawful performance of labor duties and behavior at the workplace.
Employees who have committed unlawful misconduct, expressed in improper performance or guilty of unlawful failure to perform work duties, are brought to disciplinary liability.
Typically, disciplinary liability arises in violation of labor laws, as well as labor rules, discipline provisions, technical rules, and job descriptions. Such violations include refusal or refusal of a medical examination without good reason for employees of certain professions, refusal to undergo advanced training, passing a safety exam, absenteeism, being drunk, etc.
Actions that are not labor duties are not considered misconduct. For example, refusal or failure to perform community service, violation of hostel rules.
Disciplinary liability arises only when committing misconduct that is in violation of the law. If the actions of the employee do not go beyond this framework, then they cannot be considered illegal. So you can not punish a woman who has a child under 3 years old, who refused to work overtime. Because she can be involved in this work only with her consent. Failure to comply with management orders that violate the law is also not considered unlawful misconduct.
In each case, the actions of the employee (or inaction) must be guilty (intent or negligence). For example, failure to perform due to equipment breakdown.
This labor law provides for disciplinary liability, which can be of two main types: general and special.
The first type includes violations of labor discipline, including internal rules. It applies to all employees, except for those categories to which a special type of responsibility applies .
So disciplinary sanctions under the labor code are imposed as follows. First, a comment is made, then a reprimand is announced, only the third type is dismissal on the grounds provided for in the articles of the Labor Code of the Russian Federation. Previously, there was still such a form of punishment as a severe reprimand.
The second type includes special disciplinary liability. This measure is intended to punish a narrow circle of people. Such categories include judges, investigators, prosecutors, public servants, workers in certain industries falling under the discipline clause. In addition to general penalties, these employees may also apply to others.
Special responsibility has the following features that distinguish it from the general one: a special circle of persons suitable for its action, penalties, authorities entitled to impose a penalty, the procedure for appeal and application.
There is also a special responsibility that is spelled out in the charters and regulations on discipline. Its measures extend to workers in the central apparatus, and workers in special branches of the national economy. The provisions (charters) stipulate the terms of these employees indicating the officials who are given the right to apply punishment.
When imposing a disciplinary sanction, they take into account the gravity of the misconduct, the circumstances of its commission, the previous behavior and the work of the employee. What measure to apply specifically, the employer chooses - this is his right. The list of disciplinary sanctions applied to violators is complete and other penalties are not permissible under the law.