The legislation, in addition to incentives, establishes disciplinary measures for employees of the enterprise. They apply to entities that do not comply with established rules. Let us further consider what constitutes disciplinary liability in labor law.
general characteristics
The responsibility of the employee comes for specific behavior. It can be expressed by action or inaction. Penalties under the Labor Code are applied along with other penalties, including criminal ones. Each company has certain rules. They are accepted in accordance with the requirements of applicable law. As a basis for bringing to the considered type of responsibility acts a disciplinary offense. In cases provided for by law, material penalties may be applied to the perpetrator. They are charged with the subject separately or along with disciplinary liability.
Signs of misconduct
The obligation to comply with the established rules is one of the basic for the employee. It reflects the general requirement for proper conduct in the course of professional activities. The 192nd article in part one defines a disciplinary offense as failure to perform or improper performance of the functions assigned to a citizen. The following symptoms are characteristic of it:
- The act is committed by an entity consisting in a professional relationship with the employer.
- It is expressed in the unlawful and guilty failure to comply with the requirements established by law, contract, collective agreement, company rules and other regulatory documents. Unlawful behavior of a person that is not related to the exercise of professional functions by him cannot act as an offense. For example, for non-observance of the rules of conduct in a hostel, evasion of the fulfillment of public instructions, disciplinary measures cannot be applied.
- The act is detrimental to the enterprise (employer). In this case, a link should be established between unlawful action / inaction and consequences.
Specificity
Disciplinary liability in labor law appears as a result of non-compliance by a citizen with the prescribed requirements. Accordingly, its content is the fact that the employer has applied the prescribed penalties. Responsibility for non-fulfillment of obligations imputed to the entity by law, collective agreement, contract or other regulatory documents, occurs if there is fault. If it is not proven, then the punishment cannot be applied. For example, the seller sold appliances with hidden defects, for which he was sanctioned by the administration of the store. In this case, management’s actions are considered illegal. Defects arose in the objects through no fault of the citizen, and he could not know about them. Responsibility for non-fulfillment of obligations extends to cases when an entity appears in a company while intoxicated, carelessly performing functions, etc.
Classification
Disciplinary liability in labor law can be expressed in various forms. It can be special or general. The latter is regulated by the TC. It applies to all employees except those employees for whom special rules apply. C192 article of the TC establishes the following types:
- Remark . It is considered the mildest punishment.
- Reprimand . This sanction is imputed for serious misconduct, as well as in the case of comments.
- Dismissal under the article (for absenteeism or on other grounds established by law).
The specified list is closed. This means that the employer cannot apply a punishment to the subject other than those established by the norm. Additional forms of liability may be introduced exclusively by federal law, regulations and charters for certain categories of employees.
Design specifics
Before applying punishment to an employee, the director of the enterprise must request an explanation from him. It is given in writing. An employee may refuse to provide an explanation. In this case, an appropriate act is drawn up. The employee’s refusal to explain does not appear to be an obstacle to sanctioning him. When imposing punishment are taken into account:
- The severity of the misconduct.
- The specifics of the circumstances in which he was committed.
- Employee behavior before committing a violation.
- The attitude of a citizen to his professional activities.
Dismissal by article
For absenteeism and appearing at the enterprise in a drunken state with an employee, the contract can be terminated unilaterally. The most severe punishment also applies to:
- Repeated failure by an employee to fulfill the functions imputed to him without a good reason. Moreover, the specified punishment is applied in the presence of a penalty. This basis is established by Art. 81 in part 5.
- Adoption of an unreasonable decision by the head of the enterprise (representative office / branch), his deputy or ch. accountant, if it caused damage to property, its illegal use or other harm to material assets belonging to the organization. This basis is provided for in part 9 of Art. 81.
- Once violation by the director of the enterprise / division or his deputies of their duties. This basis is defined in Art. 81 (in part 10).
Before dismissing for absenteeism or other unlawful behavior, the manager must find out all the circumstances of the violation. In particular, as indicated above, he should request an explanation from the employee. Since dismissal for absenteeism is possible only in the absence of valid reasons, the employee must prove the need for his absence at the enterprise at the scheduled time.
Punishment Procedure
Disciplinary liability in labor law is imputed according to certain rules. First of all, for the application of punishment, the fact of committing an offense must be established. Legislation allows the imposition of only one sanction for each violation. For example, for being late, either a remark or a severe reprimand may be issued. Before imposing punishment, the employee must provide an explanation. In case of refusal, the manager draws up the relevant act.
The timing
A strict reprimand, comment or termination of the contract may be applied no later than 1 month from the date of discovery of the violation. This period does not include the time the employee is on vacation, on sick leave, as well as the period necessary to take into account the views of the trade union. In the absence of an employee at the enterprise for other reasons, the course of the monthly period is not interrupted. It should also be noted that a disciplinary measure cannot be applied to an employee after six months from the date of the violation. If the misconduct was identified during the audit, audit, inspection of the economic and financial activities of the enterprise, the specified period shall be increased to 2 years. Within three days, an employee is ordered to discipline him.
Additionally
In accordance with the law, the employee has the right to challenge the decision on the application of disciplinary punishment. To do this, he sends the corresponding application to the court, the commission / inspection on disputes in the field of professional activity. According to Art. 194, the sentence remains valid for 1 year. If during the specified period the employee will not be subjected to other sanctions, he shall be deemed not subjected to disciplinary liability. Punishment can be established for the head of the enterprise, his deputy at the request of the union. The employer must consider the relevant application from the representative structure and inform the decision made within a week. This provision secures Art. 370 shopping mall. Until the end of the year, the disciplinary sanction is allowed from the date of punishment. The corresponding decision can be made directly by the head of the enterprise. In addition, the removal of disciplinary action is allowed at the request of the union or the employee himself.
Special rules
They are applied in the manner prescribed by law, charter, regulations. The special responsibility for disciplinary misconduct is different:
- A circle of subjects in relation to which it acts.
- A broader interpretation of misconduct.
- Punishments.
- By establishing the scope of disciplinary powers of various officials.
- The rules of imputation of punishments.
Most clearly, these issues are governed by the statutes on discipline provided for employees of certain economic sectors, as well as the regulations for railway employees. These regulatory acts clearly define the range of entities subject to special rules. It should be noted that they act not only against persons who have committed violations in the field of professional activity, but also for unlawful behavior, equivalent to misconduct.
Conclusion
Currently, issues of discipline in enterprises are given special attention. Given their significant significance, the legislation provides for various instruments of legal influence on violators. Some of the established measures are not disciplinary. In particular, we are talking about material, social, and social mechanisms of influence. For example, the head of an enterprise may deprive a malicious violator of the privilege to get a ticket to a holiday home or sanatorium, change the vacation time, etc. The provisions governing the bonus procedure based on annual work results in organizations provide for the exclusion or reduction of remuneration in the event of detection of committed misconduct. It is also worth saying that the application of punishments to guilty citizens is a right, not an obligation of the employer. Depending on the severity of the violation, the leader decides which sanctions to impose. It is advisable to conduct preventive interviews with staff in order to avoid disciplinary misconduct.