The Russian Labor Code contains article 192. It enters into force if an employee ignored or improperly performed official duties. That is, his punishment is associated with a violation of labor laws and the regime established by the employer. Still here appears negligent attitude towards the implementation of its main work functions.
The question of punishment
Certain positions have their own sets of responsibilities. And penalties for violation of labor discipline are formed on an individual basis.
There are frequent cases when an event occurs that is an offense for one employee, but not for another.
General interpretation
Labor discipline is a set of rules of an organization (enterprise). All employees must obey him: from lower ranks to leadership.
The following points may be implied here:
- labor protection criteria;
- norms of the internal working regime;
- corporate ethics.
Management is obliged to create, document these rules and guarantee the conditions for their proper implementation. Otherwise, the state will ignore its duties and order through no fault of its own.
In order to apply penalties for personnel for violation of labor discipline, it is required to identify what it is. And for this, first of all, the definition of labor discipline in a particular organization is understood.
Penalty Classification
When deciding on the punishment of a delinquent employee, the employer refers to the first part of Art. 192 shopping mall. It clearly reflects which disciplinary sanctions are violations of labor discipline, and in which cases it is necessary to apply.
Their list is as follows:
- Comment. This is the most common option. Used when the employee was guilty for the first time, and his misconduct had no serious consequences.
- Rebuke. He receives a worker who is chronic violating discipline. And as a result, his actions adversely affect the working mechanism of the enterprise. For example, it is constantly late, indicates incorrect information in documents, etc.
- Dismissal. This is the toughest method that is provided for violation of labor discipline. According to Art. 193 of the Labor Code, the perpetrator must provide written arguments for his actions within two days. If he refuses this, a document of refusal is formed. At the same time, at least two more persons should be present as witnesses.
The remark may be limited to the oral form. But usually form an act. It describes the misconduct, the arguments of the employee are given, the remark itself is recorded. It cannot develop for an employee into something more serious. But if it is again marked as a violation, then clause 2 can be applied to it.
The reprimand is implemented by order. This document does not have a generally accepted template (exception - the act of dismissal - forms T8 and 8a). But it necessarily reflects such data:
- Name of employee
- the position held by him and the department (workshop, unit) in which he works;
- the action committed by him, with reference to laws, the contract and local documents of the organization;
- variety of foreclosure.
According to the description of disciplinary sanctions under the Labor Code and the issuance of special acts on them, such an order does not need to be displayed in the employee’s work sheet.
An exceptional case is dismissal. According to the Labor Code, a copy of the order is added to the employee’s personal file. The dismissed person has three days to be sure to study this act. After that he puts his signature in it.
One way or another, the manager must objectively justify the measure of punishment applied. And its level must comply with the degree of violation.
Types of Misconduct
A worker can be guilty of different things. And misconduct is conditionally divided into two categories:
- Non-essential. Their consequences do not have a significant impact on the normal working process of the organization and the fruits of its activities. This group includes single delays.
2. Serious. Even in the single version, they lead to serious negative consequences for the enterprise. For example, it is ignoring safety precautions and employees taking damage to their health.
Often, penalties for violation of labor discipline are difficult to determine due to the dilemma in distinguishing between designated categories. Since even actions from the first group can lead to negative results. True, for this they must be repeated systematically.
The TC does not reflect valid or disrespectful reasons for misconduct. It is difficult to predict their consequences. Therefore, the leadership in this matter is based on the arguments provided by the employee (Article 193 of the Labor Code).
If a person did not appear or was late for work, valid reasons for this may be considered:
- Problems with public transport.
- Stay in court or other law enforcement agencies.
- Disease.
- Emergency hospitalization of a relative.
- Fires, floods and other emergencies.
At the same time, the employee must justify in writing the reason for the absence and prove it documented: a certificate, a summons, a sick leave, etc.
Analysis of violations
Based on the TC, the company creates the criteria for internal work discipline. All aspects of the labor regime and process are described in detail here:
- The start and end time of the shift.
- The procedure for calculating and issuing bonuses.
- Principles of maintaining trade secrets.
The procedure for applying penalties for violation of labor discipline may vary depending on what the employee violates:
- Management Standards. This applies to subordination and coordination in the control of the labor process.
- Technological criteria.
- Mode of work and rest.
If someone from the staff produces defective products, then this is an offense in accordance with clause 2. If the employee is absenteeism and significant delays - clause 3
An employee may be held liable for disciplinary offenses based on disciplinary or material principles. Second sanctions may apply to him after the termination of employment. This implies the loss of the company that it suffered during the official work of the employee in it.
Penalties for violation of labor discipline can be applied for the following actions:
- The appearance on the shift, being drunk (from alcohol, drugs or toxic substances).
- Violations of safety rules that have caused an emergency or accident.
- Absenteeism.
- Theft, damage to state property.
- Rastrata company funds.
- Repeated lateness. Failure to comply with the regime.
- The disclosure of trade secrets.
- Failure to fulfill their duties in full format or their poor performance.
- Refusal to undergo training courses or medical examinations.
- Serious violation of subordination.
- Immoral acts at work.
- Ignoring written management documents from management.
- Deliberate non-compliance with the instructions and criteria of the enterprise.
- Forgery of documents.
According to the Labor Code of the Russian Federation, penalties for violation of labor discipline in paragraphs 1, 4, 5, 11 and 14 are determined by the court. Workers may be fined, fired, or even placed under arrest.
Withdrawal
This can happen if the management of the enterprise issues a verdict. The deadline for removing the penalty is 1 year. This process is supported by a special order. It argues the reason for this measure.
The document is studied by an employee, he signs it. If, after a year has passed, this withdrawal did not occur, and the employee did not violate discipline at all, then the penalty will be annulled automatically.
Penalty Activity Dates
They are reflected in Art. 195 Russian shopping mall. The following items are provided:
- After a violation is discovered, management must apply a penalty within a month. And this does not take into account vacation or sick leave, as well as the position of the union.
- If 6 months have not passed since the violation was recorded, the collection is active. When it is detected by an official audit, the period is extended to 2 years.
Applying a sanction after more than six months is prohibited.
Disciplinary responsibility
This is one of the tools to combat illegal actions of staff. It is argued by labor law.
The concept and types of disciplinary liability of employees are interpreted in two categories:
- Law Institute. This implies a certain reaction from the state to violations in the field of labor relations. It determines the degree of punishment for the offending employee.
- The consequences of neglect or improper performance of work duties. The leadership of this organization determines the type of punishment for the offender and implements it in accordance with the Labor Code.
The concept of disciplinary liability is the duty of an employee to be responsible for his misconduct and bear certain methods of recovery.
Today there are two types of this responsibility:
- The total. Applies to the entire staff of the company. Its basics: Art. 192, 193 and 194 TC, as well as the rules of the internal regime of a particular organization. For its application, it does not need evidence and legally important circumstances.
- Special. Used when the first look is powerless. Its basics: special laws and charters. It is used with mandatory proof of the indicated circumstances, which also have their own varieties.
Classification of legal circumstances
It includes the following types:
- Assigning an employee to the number of special entities. They are responsible for misconduct according to special criteria. Examples: prosecutors, chiefs of staff, judges.
- Implementation by the employee of specific duties, the quality of which depends on human life and health. Examples: drivers, pilots, drivers, etc.
- The presence of a special circle of persons or bodies entitled to hold accountable. Examples: special judicial boards, president.
- The presence of additional penalties. Examples: deprivation of the right to drive a passenger vehicle for a certain period, an agreed transfer to another position.
Intruder and Bonus
If an employee is already on the list of recipients of awards (officially, by order) and has been guilty, then what penalties for violations of labor discipline can await him?
The content of the collective agreement and the bonus order itself matters here. Also in this matter should rely on Art. 191 TC.
According to her, one of the following options awaits the culprit:
- Decreasing premium options.
- Its exclusion from the act of such award.
Applying a reprimand and simultaneously depriving a bonus is possible. The employee is left without this monetary reward, thereby redeeming the blame for the misconduct.
About fines
There are no such definitions in the TC. And various financial deductions are not used as a disciplinary punishment.
And the employer is forbidden to prescribe penalties in local documentation. He does not have the right to create a separate act dedicated to them. However, such steps are often taken by the leadership of commercial organizations. And there the employees are fined for being late, indiscreet communication with the clientele, etc.
Violations of labor discipline, the amount of penalties specifically for each of them determines the leadership of the organization. For example, every minute of delay is equated to 500 rubles. For a rough dialogue with a client, 1000 rubles is calculated from the salary.
If the employee responsible for material assets commits an offense, while the company suffers financial damage, it may be required to compensate for the damage. In such cases, penalties for violation of labor discipline and the procedure for their payment is determined by the head himself. If the issue cannot be resolved, the case is tried in court. Then the activity of the organization, its routines, statutory documents, accounting, etc. are already being analyzed. Information about the offending employee is verified. The conditions of his work are being studied. If the court reveals the flaws on the part of the management, the amount of the penalty may be reduced or even this measure may be removed.
The subtleties of dismissal
The grounds for this most stringent measure are not specified in Art. 192 shopping mall. Situations of termination of the employment contract are reflected in Art. 81. If an employee systematically violates rules and obligations, he has no serious reasons, he is rewarded. If this measure did not affect him, he could expect dismissal.
A similar punishment applies for a single, but very gross violation. For instance:
- Appearances at the place of work in a drunken state.
- Disclosure of trade secrets.
- Theft, damage to property of the organization.
- Theft of enterprise finance.
- Violation of safe working conditions, resulting in disaster, accident and accidents.