Labor discipline and responsibility for its violation is important in every institution.
Disciplinary action shall be taken against persons who have committed a disciplinary offense. Let's consider this question in more detail.
Disciplinary misconduct is the improper performance or non-fulfillment of labor obligations by an employee. What is characteristic of him?
Disciplinary misconduct is distinguished by the following mandatory elements:
- guilt;
- failure to fulfill labor obligations (improper performance);
- wrongfulness;
- the existence of a link between employees' unlawful actions and consequences.
An employee’s action or inaction is considered unlawful if a specific labor obligation is provided for by the relevant legal act.
The guilt of employees of unlawful acts can be expressed both in the form of intent and simply by negligence. If the improper fulfillment or non-fulfillment by the employee of his labor obligations was not his fault, then consider this behavior as a disciplinary offense does not make sense. This rule applies in any such case.
Disciplinary misconduct is not such if the employee has performed illegal actions that are not related to labor duties.
Non-fulfillment of labor obligations is expressed in the employee's non-fulfillment of precisely labor obligations, which are determined by the contract or labor legislation.
If at least one element is missing, then this is not considered a disciplinary offense, that is, the employee should not be held accountable.
Such disciplinary liability is relevant when disciplinary action is taken against the employee for misconduct. This rule must also be strictly observed. Disciplinary responsibility can be of two types: general and special.
General is applied on the basis of the rules stipulated by the labor contract. This type of liability applies to absolutely all employees, excluding only those who have special responsibilities.
There are three types of internal labor rules in the Labor Code: model, local and industry. The employers and, accordingly, the employees must strictly abide by them, otherwise it will be a disciplinary offense.
Special responsibility is taken on the basis of normative acts, such as the charter and provisions on discipline. It applies only to a particular category of people.
The purpose of special liability, as opposed to general, is that higher penalties are applied to violators.
The employer has the right to apply one of the disciplinary sanctions if the disciplinary offense has been committed. Disciplinary sanctions include: dismissal, fine, reprimand, and reprimand. For civil servants, state employees and military personnel, other disciplinary measures are applied .