Labor discipline is the factor that plays a stabilizing role in the process of teamwork. Its main points, which every future employee of an enterprise or organization undertakes to observe, are prescribed in the annex to the employment contract and sound like a list of the organization’s discipline provisions. From the moment when the employee signs his / her list of requirements, he / she automatically becomes dependent on the standard established rules, as well as on additional individual conditions of the enterprise, based on the specifics of the organization.
What does disciplinary misconduct entail?
Violation of any rule on its own initiative entails the imposition of a disciplinary sanction that takes into account several types of punishment: from reprimand to dismissal from work.
Having received reliable information that his employee or employee has committed a disciplinary violation, the head of the enterprise must receive a written explanation from the culprit indicating the reasons that influenced such actions. These are the requirements of article 193 of the Labor Code, and both the employee and the leader must comply with them.
Often, negligent employees are in no hurry to provide written explanations in the hope that such concealment of the reasons for their misconduct will serve as an occasion to reassure management.
However, as practice shows, their hopes are rarely justified, especially if these employees are not in good standing. In addition, the reluctance to submit a written justification is an incentive to impose a disciplinary sanction, and on the other hand, a person deprives himself of the opportunity to present his own view of the situation. It happens that well-grounded reasons become a very significant reason for the employer, so as not to resort to punitive actions.
Grounds for disciplinary action
The main determining factor for applying the employee's punishment is the act committed by that employee, which is interpreted as a serious violation of the labor agreement.
The basis for disciplinary action may be deemed to be the deliberate actions of the employee committed through his own fault. They can be expressed either in the failure to fulfill their direct duties, or in disregard for other obligations included in the employment contract.
It must be borne in mind that the application of disciplinary measures, in accordance with the procedure for disciplining an employee who committed an offense, can only occur if obligations violated by the employee are taken into account in the labor agreement and are justified by the articles of the current legislation.
In turn, the following facts are considered as a violation, considered as ignoring articles of the Labor Code:
- If the employee was absent from the workplace without subsequently presenting valid arguments for explanation. Moreover, the agreement of the parties may not stipulate the location of the workplace. In this case, according to Part 6. Art. 209 of the Labor Code of the Russian Federation, the employee’s workplace is defined as the point where the employee must arrive to fulfill his job duties. This place may not be official and temporary, but at the same time it is subject to direct control by the employer.
- If the employee does not want to perform his direct labor duties without good reason. It is worth noting here that if such actions occur as a result of the adjustment of the employment contract, then in this case there is no violation of discipline. In this situation, the termination of the contract is a reasonable action.
- If the employee, without presenting any arguments, refuses to undergo a medical examination, which is mandatory for some professions.
- In the case when an employee refuses to undergo special training and passing exams, which are prescribed in the labor agreement and are necessary for admission to work.
A separate paragraph holds the provision on participation in the strike. This action is not considered a violation and cannot become a reason for applying disciplinary punishment.
The only exception may be recognition of the strike as unlawful in accordance with a court order. After presenting a copy of the court decision to the people leading the strike, the employee is obliged to start work the next day.
Discipline
A person guilty of a violation of the work schedule may be punished no later than within a month from the date of detection of a violation of established standards.
The punishment of an employee convicted of gross violation of labor activity is determined and follows within a month from the day the misconduct is revealed.
Applying the disciplinary procedure, one should not forget that:
- The period when the guilty employee needs to determine the type of punishment begins from the moment of conviction of misconduct.
- If during this period the employee was on vacation or was sick, time does not count. All other missed days without good reason are included in the calculation of the period of disciplinary proceedings.
- The starting day of disclosing the wrongdoing is considered to be when it becomes known to the direct chief of the employee, who at the same time may not have the right to make an independent decision on the application of punishment.
Types of disciplinary punishment
The employer has the right to apply the following penalties to the offending employee:
- Oral remark.
- Reprimand or severe reprimand with registration in a private matter.
- Dismissal of an employee on the basis of irrefutable evidence of his guilt.
These types of disciplinary liability may be imposed only by the Director General. However, in large organizations where there are a large number of branches, it is difficult and inappropriate to carry out such actions. Therefore, the decision to adopt the type of punishment is transferred to another person, agreed with the leadership.
This appointment is made on the basis of an order on the distribution of powers. After that, the immediate superior acquires the right to punish the guilty employee and choose the type of punishment on his own. In this case, he needs to consider that:
- Types of disciplinary liability are unacceptable if they are not taken into account by labor law.
- For one fact of violation of labor activity, one punishment measure follows (Art. 193 of the Labor Code, para. 5). If the employee receives a comment or reprimand, and then he is forcibly dismissed, he can go to court, which finds this fact of action illegal. In addition, if the employee does not agree with the decision determining the type of his punishment, he can appeal to the bodies in charge of the analysis of individual labor disputes. There is also a state labor inspectorate whose range of activities includes the solution of such issues.
The employer also has the right to impose disciplinary punishment in relation to the employee who filed a voluntary dismissal even before the disciplinary offense was committed.
Disciplinary action and the Labor Code of the Russian Federation
According to Part 5 of Art. 193 of the Labor Code of the Russian Federation to a guilty employee, given the proof of misconduct, you can apply only one type of punishment at the discretion of the head.
Dismissal as a measure of disciplinary punishment is possible only if there are irrefutable arguments substantiated by articles of the Labor Code of the Russian Federation. Disciplinary action, namely a list of possible penalties, is contained in this codified legal act.
Despite this, many organizations apply their own system of fines and sanctions. Most often they are expressed in material deduction from wages. As for the Labor Code of the Russian Federation, but on the basis of Art. 22, 137 he prohibits such penalties. Only certain types of accounting withholding are legally permitted.
But in this case, employers use loopholes and apply their own disciplinary procedure. As a rule, in most enterprises, the salary is divided into basic and bonus. And if penalties are not applied to the first part, then the employee may be deprived of bonuses 100%.
When can an employee be punished?
In this case, all the necessary conditions for disciplinary action must be taken into account. Their list is formed on the basis of the signs characterizing labor misconduct. That is why it is possible to bring to disciplinary liability only in the presence of certain factors.
Causing harm
It is important to note that it does not always reflect material damage. Damage can be caused to the internal way of life in the organization, that is, labor discipline. This, in turn, can lead to the emergence of negative motivation among other employees.
Fault
It is expressed in direct or indirect intent. However, it happens by negligence. A form of guilt is what determines the disciplinary action imposed on an employee. Guilty negligence involves making comments. The direct intent of the employee can be considered as a reason for dismissal.
Causal relationship
It must necessarily be between the harm caused, affecting labor discipline, and illegal behavior. In this case, it is determined whether similar harm would be inflicted on labor discipline if the employee had acted differently.
Disciplining an employer
Base - Art. 195 of the Labor Code of the Russian Federation. In the case when the head of the enterprise or organization or his deputy are violators of the norms of labor legislation or the rules of the collective labor agreement, an application for unlawful action is sent to the appropriate authorities (authority) on behalf of a person authorized on behalf of the employees of the enterprise.
If the facts reflected in the application are confirmed, then the standard procedure for disciplining, including dismissal, is applied to the manager. Labor legislation is equally designed for everyone, both ordinary employees and managers must obey it.