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Failure to comply with internal labor regulations. Violation of labor discipline: is it always possible to punish an employee. Violations in the field of labor protection

Regular violations of labor discipline, as practice shows, is one of the most frequent reasons for dismissal. Compared to dismissal for absenteeism or due to appearing at the workplace in a state of alcoholic or drug intoxication, in this case it is not necessary to commit a misconduct strictly defined by law.

In this regard, formally, any violation of duties or labor discipline may lead to the dismissal of an employee. But, in addition to the established procedure for imposing a disciplinary sanction on an employee in the form of dismissal, the employer must carry out a list of additional actions:

1) the employer must prove that the repeated misconduct is a significant reason for dismissal, and not just a pretext. At the same time, it is important to remember that dismissal is possible not just for a series of misconduct, but only when a remark or reprimand has already been announced for the first one. ( Eg,Appeal ruling of the Volgograd Regional Court dated March 7, 2014 in case No. 33-2627/14; Determination of the Moscow City Court dated March 16, 2011 in case No. 33-6945);

2) the employer is obliged to provide the employee who stumbled with time and opportunity for correction. Often, the employer deliberately breaks one misconduct of the employee into separate episodes, followed by reprimands and remarks, the courts in this case take the side of the employee and count a series of episodes committed for short term as for one misdemeanour.

In the event that the fact of violation by the company's employees of the current Internal Labor Regulations (hereinafter - ITR) of the organization is established, the employer has every right to apply to the offenders as a punishment the penalty established in the company's internal acts (remark, reprimand, dismissal).

Dismissal for violation of discipline is the result of systematic failure to perform official duties. By "system" is meant that the employee committed at least two disciplinary offenses that were in in due course fixed.

In practice, it often happens that the employer does not indicate in the dismissal order for which specific disciplinary violation the employee was dismissed. This mistake is a gross violation of the law, which is always followed by the recognition of the dismissal as illegal..

The following case No. 33-9457( Appeal ruling of the Krasnoyarsk Regional Court dated 07.11.2014). The worker worked as a caretaker at the school. For improper performance of their duties, the employer applied two disciplinary sanctions to the employee on the same day, and also issued an order to dismiss. The employee challenged the employer's decision in court. The court took the side of the employee, pointing out in the decision that there was no repeated failure to perform labor duties in the actions of the employee. The court also noted that the dismissal order does not contain the grounds that served as a reason for the dismissal. It does not show what kind of disciplinary offense and when the employee committed, and also whether it really took place. At the same time, the commission of disciplinary offenses for which she was brought to disciplinary responsibility could not be the basis for issuing a dismissal order, since the application of two or more disciplinary sanctions for one offense is not allowed.

Based on the above case judicial practice, we can conclude that in the order to dismiss the employee, it is necessary to explain what new misconduct caused the dismissal. At the same time, it is imperative to indicate the details of the previous order or several orders on the application of a disciplinary sanction.

For example, an employee was brought to disciplinary responsibility in the form of a remark for being late for work by 3 hours. After that, the employee did not submit a report on the work done in a timely manner, and taking into account the actual circumstances, the employer considered the delay as a reason for dismissing the employee. In such a situation, the order of dismissal should indicate:

details of the order to announce a remark to the employee

documents that recorded a new offense (acts, explanatory notes, memorandums, etc.).

An illustration of the legal dismissal for violation of the rules of the order is the following case (Determination of the Moscow City Court dated December 24, 2013 No. 4g / 4-13201). The person applied to the court with a demand to declare the disciplinary sanctions illegal and to oblige to cancel the orders to announce disciplinary sanctions. Based on the results of the consideration of the case in different instances, the court found that the order imposed a disciplinary sanction on the plaintiff in the form of a remark in connection with the failure to comply with the PVTR, namely, in connection with incorrect and unworthy behavior that allowed deviation from the recognized norms of business communication adopted by the defendant; failure to fulfill the obligation to show courtesy, respect and tolerance in relations both between employees of the organization, regardless of their official position, and in relations with customers and visitors. The reason for imposing this disciplinary sanction on the plaintiff was the memoranda of the deputy CEO, an act of the commission for monitoring compliance with the PVTR, from which it follows that the plaintiff violated certain points of the PVTR. The plaintiff's arguments that he was not acquainted with a number of documents, that the PVTR had not been approved by the trade union committee, and that the general director of the defendant, in accordance with the version of the Charter in force at that time, did not have the authority to approve them, the court did not take into account. Also, the outcome of the case was not affected by the fact that before the imposition of a disciplinary sanction on the plaintiff, he was required to provide explanations in which he denied the facts of violations of the indicated PWTR and indicated that the circumstances set forth in the memorandums were related solely to the self-assessment / personal assessment of those who wrote their faces.

After evaluating the evidence collected in the case, the panel of judges came to the conclusion that the unlawfulness and guilt of the actions of the plaintiff is confirmed by the totality of evidence in the case.

Termination of the employment contract under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation may follow as an improper performance by the employee of duties within the framework of his labor function (see Appeal Determination Supreme Court RF dated January 17, 2014 No. 46-APG13-17), and for non-compliance with the PVTR and other local regulations of the company. That is, an employee can be fired both for poor customer service and, for example, for being late for the start of the working day. In some cases, this ground for dismissal may replace other grounds for terminating the employment contract. For example, an employee made absenteeism, but the employer decided not to fire him, but to reprimand him. In the event of a subsequent commission by an employee of a disciplinary offense in the form of being late or improper performance of his labor duties, the employer will have the right to dismiss him, subject to the procedure for imposing disciplinary sanctions.

It is worth noting that this ground for dismissal does not require the employee to commit inherently homogeneous misconduct, for example, only lateness or only poor customer service. As the Supreme Court of the Russian Federation pointed out in paragraph 35 Pstopping the Plenum dated March 17, 2014 No. 2 , the employee may be dismissed for improper performance due to his fault of the labor duties assigned to him. Therefore, any failure to fulfill obligations under the concluded employment contract gives the employer the right to dismiss the employee if a disciplinary sanction was previously legally imposed on him.

The main task of the company is to prove that the employee was properly acquainted with his job responsibilities. For example, if you are late for the start of the working day, the employer needs to obtain evidence that the latecomer was familiar with the rules that establish the company's start time (see Appellate ruling of the Moscow City Court dated November 14, 2013 No. 11-32386/13).

To do this, it is necessary to have a written confirmation of the employee's familiarization with the PWTR, or with the shift schedule. Improper performance of official duties will be confirmed by the instruction, with which the employee is familiarized against signature.

So in one case, an employee went to court with a demand to recognize the dismissal for violation of discipline under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation. In support of his claim, he indicated that he considers the imposed disciplinary sanctions to be unlawful, since it is not clear from the orders what labor duties he performed improperly. The employer did not agree with the claim and stated that the employee improperly organized the work of the departments under his control, which led to serious violations in the work of the institution. The court sided with the employee and found the dismissal illegal. He pointed out that the organization did not have a job description for the employee himself, and a specific list of employees and departments that the employee led was not defined. The court also noted that the fact of imposing duties on an employee and granting him authority can only be confirmed by written evidence (Ruling of the St. Petersburg City Court dated June 18, 2012 in case No. 33-7866/2012 ).

As follows from the materials of another case ( Appeal ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated May 28, 2012 in case No. 33-1672/12), the employer fired the employee for improperly securing the cargo (taking into account the previously imposed disciplinary sanction). However, the court reinstated the employee, stating that the employer did not provide evidence confirming the violation by the employee of his labor duties. Also, the employer did not provide:

employee job description

act of violation of official duties by an employee

an order imposing on the employee the duties of checking the correct fastening of the load.

Thus, the employer’s lack of written evidence of the employee’s familiarization with his duties practically deprives him of the opportunity to prove the objectivity of the dismissal.

At the same time, in some cases, the courts take the side of the employer even in the absence of written evidence that the employee has familiarized himself with the internal documents of the company.

For example, in one of the civil cases, an employee was reprimanded and reprimanded for being repeatedly late for work. A week later, the employer fired him under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation for the use of company resources and customer base for personal purposes. The court of first instance reinstated the employee, pointing out that a written employment contract was not concluded with the employee, he was not acquainted with the job description and PWTR when hiring. The work schedule was also not defined, and the employee worked in agreement with the manager. However, a higher court overturned that decision. He pointed out that by virtue of the provisions of Art. 57 of the Labor Code of the Russian Federation, the mode of working time and rest time is indicated in the employment contract only if for this employee it differs from general rules operated by the employer. The court also noted that the employee used the Internet for personal purposes, for which the employer had the right to impose disciplinary sanctions in accordance with the PWTR. The fact that the employee refused to get acquainted with them in the course of work did not deprive them of legal force (Determination of the St. Petersburg City Court of August 23, 2010 No. 11564 ).

Thus, with regard to the rules of labor discipline, the employer has the opportunity to prove that the employee was aware of them, even in the absence of written evidence. As for the duties within the framework of the labor function, in most cases the courts take the side of the employees if the employer does not have confirmation that the employee has familiarized himself with the job description and other local acts of the company.

Employees should be given a chance to correct their behavior.

If the employer began to collect documents confirming the misconduct of the employee, this will be followed by dismissal. The courts pay attention to this and always correlate the severity of misconduct to prevent the unjustified dismissal of an employee. In accordance with Part 5 of Art. 192 TP of the Russian Federation, the employer is obliged to provide evidence confirming the severity of the misconduct committed.

In practice, the most typical case of leadership bias is dismissal for being late. It often happens that the employer analyzes the data of the access system and finds out that the employee was repeatedly late for work last week. The employer asks the employee to provide explanations for these cases and announces a reprimand for the first delay, and dismisses him for the second. Such a scheme is illegal and will most likely be challenged in court. In accordance with paragraph 33Decisions of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 the employer has the right to terminate the employment contract under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, provided that a disciplinary sanction was previously applied to the employee and at the time of repeated non-fulfillment by him without good reasons labor duties it is not removed and not repaid. Thus, the scheme described above is vicious, because it is impossible to comply with this condition: when a second misconduct is committed, the employee has a disciplinary sanction. Therefore, in the event of repeated lateness to work, the employer may announce to the employee a remark or reprimand for misconduct committed in the past (provided that the deadline for imposing disciplinary sanctions has not been missed). He will have the right to dismiss him if he commits a repeated misconduct.

Conclusions and advice:

1) The employer has the right to terminate the employment contract under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, provided that a disciplinary sanction was previously applied to the employee and at the time of his repeated failure to fulfill his labor duties without good reason, it was not removed and not repaid.

2) Formally, any violation of duties or labor discipline may lead to the dismissal of an employee. That is, an employee can be fired both for poor customer service and, for example, for being late for the start of the working day. For the legality of dismissal, the employer must carry out a list of actions:

follow the procedure for imposing a disciplinary sanction on the employee in the form of dismissal (one of the mandatory elements of the dismissal procedure is to request an explanation from the employee. It takes 2 working days to provide it)

it is necessary to prove that the repeated misconduct is a significant reason for dismissal. At the same time, it is important to remember that dismissal is possible not just for a series of misconduct, but only when a remark or reprimand has already been announced for the first one.

give the offending worker time and opportunity to correct.

3) The employer's lack of written evidence of the employee's familiarization with his duties practically deprives him of the opportunity to prove the objectivity of the dismissal.

4) The employer must indicate in the dismissal order for which specific disciplinary violation the employee was dismissed. Otherwise, the dismissal is declared illegal. That is, in the order to dismiss the employee, it is necessary to explain what new misconduct caused the dismissal. It is also necessary to indicate the details of the previous order or several orders on the application of a disciplinary sanction.

5) Courts assess the severity of employee misconduct in order to prevent their unjustified dismissal. In accordance with Part 5 of Art. 192 of the Labor Code of the Russian Federation, the employer is obliged to provide evidence confirming the severity of the misconduct committed.

Maria Uvaeva, Head of Legal Department, [email protected]

Internal regulations are approved at each enterprise. This document is considered a kind of instruction for employees, which spells out all the features of the work procedure - from the number of working hours to the procedure for calculating bonuses or disciplinary sanctions. Often employees violate these rules. What threatens non-compliance with the rules of labor regulations for employees and are the actions of the employer lawful in cases of fixing violations?

What is labor discipline?

Labor discipline is a set of rules developed by the enterprise in order to optimize the workflow. It is based on the duties of each employee prescribed in the legislation.

Article 21 of the Labor Code of the Russian Federation “Basic rights and obligations of an employee:

“The employee must:

conscientiously fulfill their labor duties assigned to him employment contract;

observe the rules of internal labor regulations;

observe labor discipline;

comply with established labor standards;

comply with the requirements for labor protection and ensuring labor safety;

take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;

immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property)”.

In addition to the basic requirements, the rules of labor discipline may indicate other duties of employees related to the specifics of the work of each organization. These include: compliance with corporate ethics, keeping commercial secrets, violation of subordination, etc. In the event of a single violation of the schedule, an employee may be subject to disciplinary action as provided by law. Its type depends on the severity of the offense. The main violations of labor discipline include:

non-compliance with labor protection rules resulting in an accident at work;
absenteeism or systematic tardiness;
appearing at work in a state of intoxication;
immoral acts;
theft work or personal property of employees;
intentional failure to perform duties or their performance is not in full;
falsification of legal documents;
ignoring orders leader.

In private enterprises, the issue of choosing a disciplinary sanction is decided directly by the head. Punishment is considered the right of the leader, but not an obligation. Therefore, the employer independently decides on the appropriateness of imposing a disciplinary sanction. Systematic violation of labor discipline is considered as gross non-compliance with the rules and provides for more severe penalties, up to and including dismissal of the employee.

Types of disciplinary sanctions and their application

Disciplinary sanctions are aimed at improving the quality and organization of work. On the basis of an employment contract, employees are obliged to strictly comply with all regulations, since in case of violation of labor discipline in accordance with the Labor Code of the Russian Federation, the employee may be subject to penalties regulated by law.

“For the commission of a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

comment;

dismissal for appropriate reasons.

A disciplinary offense will be considered a misdemeanor committed only through the fault of the employee. The employer is obliged to require the implementation of all the rules only if the enterprise provides all the conditions for this. at the same time, each employee must be familiar with the labor schedule, labor protection rules and his official duties, which is confirmed by his personal signature.

Article 81. Termination of an employment contract at the initiative of the employer

“The employment contract may be terminated by the employer in the following cases:

repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction”.

Article 192 of the Labor Code of the Russian Federation. Disciplinary sanctions

“Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of the first part of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of the first part of Article 81 of this Code in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties.

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

Disciplinary action may be taken based memo . If the employer considers this an insufficient reason, then he can initiate disciplinary proceedings with the participation of the labor collective. The result of the meeting of the commission will be an act with a decision on the type of disciplinary punishment.

Examples of violation of labor discipline

Practice knows many examples of violations of labor discipline. Most of them relate to non-gross offenses and are often limited to verbal remarks.

For example, worker Ivanov. A.A. violated the work schedule by showing up to work an hour later than the scheduled time without a good reason. In this case, the employer may limit himself to an oral warning, which is issued in the form act of disciplinary violation . With systematic delays, Ivanov A.A. may be reprimanded, however, the law does not allow a reprimand immediately after the first offense.

A reprimand may be caused, for example, by the failure of the warehouse manager V.V. Petrov to fulfill his official duties, which entailed financial losses for the enterprise in the form of a failure to sign an agreement with suppliers. An employee may be issued regular or strict reprimand(at the discretion of the employer).

A one-time violation, entailing dismissal, may be the appearance of an employee at the workplace in a state of intoxication, theft of official property, or actions that provoked an accident or accident at work.

Any decision on disciplinary action may be appealed by the employee in court. Then the assistance of a professional lawyer competent in matters of the labor legislation of the Russian Federation will be relevant.

In the process of interaction between employees and employers, there are many controversial points. The legislation contains a number of rules governing such situations. It fixes the responsibility and procedure for imposing penalties on an employee who has committed a violation of labor discipline. The level of income and the functioning of the enterprise directly depend on the quality of the organization of activities, and the legal form does not matter.

The serious attitude of employees to their duties guarantees not only the absence of various kinds of penalties, but also incentives that are usually set by employers. The Labor Code (hereinafter in the article - the Code) obliges enterprises to approve special rules that would regulate internal order. They should reflect the main points labor process. Documentary confirmation of the procedure for carrying out activities by an employee will allow, in case of non-compliance with these requirements, to apply the necessary measures of influence.

What is labor discipline?

Each enterprise is a complex mechanism, the well-functioning of which depends on the quality of work of each component part. Before proceeding to a discussion of violations, let's figure out what labor discipline is. It can be defined as a set of rules that are binding on all employees (from rank-and-file to managers), which are adopted at the enterprise. Their list includes:

labor protection rules;
internal regulations;
corporate ethics.

These documents (codes, memos, etc.) are developed and approved by employers. Supervision of execution and provision of favorable conditions for compliance with the requirements are also entrusted to them. The application of penalties is lawful in case of violation of the duties established by law by an employee. The Code defines their list in article number 21. Among the duties:

conscientious fulfillment of the terms of the employment contract;
observance of labor discipline;
compliance with labor protection and safety requirements;
responsible attitude to the property of the employer, other employees and third parties (for the safety of the property of which the employer is responsible);
fulfillment of established labor standards;
timely notification of an emergency situation that threatens the life of employees or property of the employer.

Existing types of violations of labor discipline

If the employee does not comply with the rules, the necessary measures are taken to establish the cause of the incident. In most cases, violations can be divided into three large groups. They are species. Among them are:

violations of management norms - non-compliance installed system subordination and interaction of employees (subordination);
violations of technological standards (for example, the release of a defective batch of goods due to the fault of an employee);
violations of regime norms - work schedule (time of rest and work, for example, absenteeism).

In case of periodic non-compliance with the established norms and the severity of the misconduct, gross violations are distinguished. These include systematic absenteeism, tardiness, appearance at the workplace in an inappropriate form (alcohol, drug intoxication), falsification of documents and other similar actions that lead to serious negative consequences. Additional characterizing parameters of improper performance of duties, by which its harm to the organization will be assessed, can be:

place of performance;
time and date of execution;
scope of execution;
form and method of execution;
subject of execution.

Actions that violate the labor rules established at the enterprise are called disciplinary offenses. They are subject to certain penalties. Among the most common violations of labor discipline are:

absenteeism;
systematic lateness after a lunch break or to the beginning of the working day;
unacceptable appearance- presence at the workplace in a state of intoxication (alcohol, narcotic or toxic);
neglect of the rules of labor protection and safety, which led to an accident or accident;
cases of theft of company property, its damage;
improper level of performed obligations (low quality, non-compliance with established requirements);
disclosure of trade secrets of the organization;
non-compliance with subordination (disobedience to orders of higher employees, neglect of the hierarchy that has been established in the company);
committing an immoral act.

Upon detection of the fact of non-compliance with the rules, an act on violation of labor discipline is drawn up. It is handled by the immediate supervisor of the employee. Two witnesses must be present during the drawing up. It is created in two copies: for the employee and for transfer to the management, which will decide on the type and amount of the penalty. The form of the act and the persons responsible for its preparation must be approved in the internal regulations.

Expert opinion

Maria Bogdanova

The Labor Code does not reflect valid or disrespectful reasons for employee misconduct, so it is very difficult to predict their consequences. Therefore, in this matter, management 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;
being in court or other law enforcement agencies;
disease;
emergency hospitalization of a relative,
P fires, floods and other emergencies.

At the same time, the employee must argue in writing the reason for the absence and prove it documentarily: with a certificate, summons, sick leave etc.

What penalties can be applied to an employee?

In case of violation established rules labor employee is liable in accordance with the law. Article 192 of the Code contains a list of possible disciplinary sanctions that may be applied to him. The employer has the right to use them in accordance with the seriousness of the violation and the harm that has been caused. The list contains three valid ones:

remark - the most insignificant penalty, which does not threaten with serious consequences; usually draw up an act of violation and fix the received remark; with systematic comments, a more effective measure of punishment is chosen;
reprimand - a penalty applied when committing a misconduct (disciplinary); has two forms - strict and ordinary; entered in the order; in labor is fixed only in case of dismissal for improper work or in case of systematic violations;
dismissal is the most radical measure applied in case of serious systematic violations that caused material or moral harm.

The management of the organization has the right to deprive the employee of the bonus if this fact is spelled out in the documents internal order. For certain categories of employees, other penalties may be applied, which are specified in the relevant federal laws. For registration of violations, a general procedure is provided, which applies in most companies. The internal regulations usually prescribe the basic requirements for the process and content of the documents necessary for drawing up the act.

The procedure for issuing a penalty for violation

When drawing up internal regulations, it is necessary to provide for clauses that will reflect the procedure for imposing a penalty. In most cases, it is enough to make a list of violations of labor discipline and the corresponding penalties, indicate the persons responsible for drawing up the acts and submit the documents required for execution. After that, this information is brought to the attention of employees. They must sign the act of familiarization. The collection process consists of the following steps:

drawing up an act - responsible employees, in the presence of two witnesses, fill out an act of violation;
obtaining explanations - in writing, the offending employee indicates the reason for his inappropriate behavior; in case of refusal to testify, a mark is placed in the order; a note with explanations is attached to the act;
issuing an order on violation of labor discipline - the management, on the basis of the documents received, makes a decision regarding what happened; there is no approved form, but mandatory information is indicated - the content of the misconduct, the date and time of the commission, the type of penalty, documents regulating the actions of the management.

The employee must be familiarized with the order within three days (under signature). A copy of it is included in the employee's personal file. When imposing a penalty, the severity of the offense must be taken into account. They must be proportionate. In the most serious cases, where there are repeated facts of inappropriate work behavior, the only possible punishment may be dismissal for violation of labor discipline.

Expert opinion

Maria Bogdanova

More than 6 years experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

Another important factor in choosing a punishment in the form of dismissal can be a gross violation by the employee of the rules of the work schedule or work process, even if this happened for the first time.

In general, when dismissing for violation of labor discipline, three mistakes are often made:

the expiration of the time limit for the imposition of the penalty,
illegal imposition,
lack of consent to dismissal from the labor inspectorate when it comes to a minor worker.

Dismissal of an employee may occur for violation of labor discipline under the following circumstances: absence of a valid reason, non-removal of the previous penalty at the time of the repeated violation. This penalty has a legal basis, since there is an explanation of the act, set out on paper.

The dismissal of an employee is a disciplinary sanction, therefore it must be carried out in accordance with all the rules enshrined in Article 193 of the Labor Code of Russia. It is always worth remembering that before proceeding with the procedure for dismissing an employee, it is imperative to take an explanation from him in writing. In case of refusal to write an explanation, in the presence of 2-3 people, an act must be drawn up in which this is recorded. After that, a dismissal order is issued, with which the dismissed employee must familiarize himself on the same day.

If the employee refused to sign the order, then again an act is drawn up in which this is reflected. And only then is a mark made in work book about dismissal.

Sample text

There is a limited period for imposing a penalty, which is equal to one month from the date of the violation. After six months, the penalty cannot be applied. The exception is violations, the fact of which was established during the verification process, then the period is extended to two years. It is important to note that the deprecation does not apply to fines, since the premium is a means of encouragement. Penalties for violation of labor discipline is a necessary measure that contributes to a more responsible attitude of the employee to his official duties. Until the expiration of 1 year, if there is someone's initiative, supported by the decision of the management. The initiative can be shown by the employee himself, his immediate supervisor or the labor collective.

A note on the removal of the penalty, as well as on its imposition, is entered on the employee's personal card.

What else needs to be remembered?

The application of penalties for violation of labor discipline to the offending employee is carried out in strict accordance with applicable law. Each enterprise must develop rules governing the internal regulations of the company. They spell out the fundamental points of the workflow. Employees must be familiarized with them under the signature.

Employees bear full responsibility for violation of labor discipline. By signing the contract at the beginning of cooperation, they agree to the requirements and obligations established for them. If a fact of non-compliance with the agreements (the terms of the contract or the internal rules of the company) is detected, a report is issued

A thorough study of the circumstances of the situation is essential. In some cases, an employee is forced to violate established requirements in order to avoid more serious consequences for the company. It is for this reason that management needs to take every recorded fact seriously. Proper organization work, including the “reward-punishment” system, will reduce possible conflicts in the course of activities and help increase the productivity of employees, and, accordingly, the profit of the company.

Video - "Introductory briefing on labor protection"

The State Labor Inspectorate (GIT) is the main "revealer" of violations of labor laws committed by employers. The frequency of detection of violations depends not only on the specifics of the activities of employers, but also on the already developed line of verification activities of state labor inspectorates. Let's take a closer look at exactly where employers make mistakes.

In general, violations identified over the past three to four years can be classified into several groups, doing this in a similar way to sections of the Labor Code of the Russian Federation.

The most "popular" violations are detected in the area:

conclusion, amendment and termination of an employment contract;
wages, including upon dismissal;
labor protection;
mode of work and rest;
failure to provide guarantees and compensations provided for by the Labor Code of the Russian Federation;
labor discipline and application of penalties;
guarantees provided by the Labor Code of the Russian Federation to certain categories of workers;
advanced training;
violations in the adoption of local regulations;
compliance with the requirements of the law when using foreign labor.

1. Violations when concluding, changing and terminating an employment contract

Since labor relations with employees begin from the moment the employment contract is concluded, it is here that the first violations occur. According to GIT checks, most often they consist of the following:

employment contract in violation of Art. 67 of the Labor Code of the Russian Federation is not concluded in writing;
not included in the employment contract mandatory conditions established by Art. 57 of the Labor Code of the Russian Federation (most often, the conditions for remuneration are not indicated (the size of the tariff rate or salary of the employee, additional payments, allowances and incentive payments));
when hiring, the employee was not familiarized with the Internal Labor Regulations, the collective agreement, the Regulations on remuneration and other local regulations related to the labor function of the employee (Article 68 of the Labor Code of the Russian Federation);
employment was not formalized by order (instruction) of the employer or was not announced against signature within three days from the date of signing the employment contract (Article 68 of the Labor Code of the Russian Federation);
persons under the age of 18 were hired without undergoing a mandatory medical examination (Article 69 of the Labor Code of the Russian Federation) or to work with harmful working conditions (Article 265 of the Labor Code of the Russian Federation);
the procedure for maintaining and storing a work book was violated (information on transfers, awards, dismissals was not entered, the wording of the dismissal records does not correspond to the wording of the Labor Code of the Russian Federation, another federal law; on the day of dismissal, a work book was not issued) (Article 66 of the Labor Code of the Russian Federation);
the two-month period for notifying an employee about a change in the terms of an employment contract determined by the parties was not observed (introduction of new forms of remuneration, change in working hours, etc. - Articles 72, 74 of the Labor Code of the Russian Federation);
a test was established for hiring persons for whom a test is not established (applicants for work on a competitive basis, pregnant women, minors elected to an elective position for paid work, entering a job for the first time after graduating from vocational training institutions);
instead of an employment contract, a civil law contract is concluded (contracts, services, assignments, etc.), or a fixed-term employment contract is concluded in cases not provided for by Art. 59 of the Labor Code of the Russian Federation.

In most cases, violations are detected either during a scheduled inspection of the GIT, or an unscheduled one based on a written complaint from an employee. Often, it can also be initiated by the prosecutor's office, to which employees turn no less than to the state labor inspector.

At conclusion of an employment contract the most common is the absence of a written employment contract and / or order for employment (Articles 67 and 68 of the Labor Code of the Russian Federation).

One of frequent species violations at the conclusion of an employment contract is its specific subspecies: the admission of workers without the availability of documents required for them, established both by the Labor Code of the Russian Federation and other legislative acts. Such documents, for example, are a driver's license for a driver, a certificate of admission to work on a certain electrical safety group - for an electrician, a certificate of no criminal record - for persons applying for work in children's institutions.

Example 1

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The GIT qualified the hiring at the State Institution "MDOC" "Forest Fairy Tale" of employees who did not submit certificates of the presence (absence) of a criminal record and / or facts of criminal prosecution in their personal files as a violation of Art. 65, 351.1 of the Labor Code of the Russian Federation. With regard to the legal entity, a decision was made to impose an administrative penalty in the form of an administrative fine.

Violations in the area employment contract changes most often consist in the incorrect registration of transfers of employees to another job. The employer, as a rule, violates the requirement for the written consent of the employee to the transfer.

Even more often, according to inspections of the GIT, there are violations when changing the terms of the employment contract determined by the parties, in terms of the procedure for remuneration and constituent parts wages.

Example 3

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In violation of Art. 74 of the Labor Code of the Russian Federation, the employer did not notify the employees in writing about the change in the wage system in the MUK "Beloyarsky TsDiT". The order was issued to the head, he was brought to administrative responsibility.

At termination of the employment contract inspectors often ascertain violations of the termination procedure (for example, a fixed-term employment contract or on the grounds provided for in Article 71 of the Labor Code of the Russian Federation - based on the results of an unsatisfactory test), as well as the requirements of the Labor Code of the Russian Federation to perform certain actions of the employer on the day of dismissal - to issue a work book and conduct final settlement.

2. Violations in the field of remuneration, including upon dismissal

Violations in the field of wages are perhaps the second most frequent violation of labor law. In this case, the GIT is fixed the following types:

payment of wages once a month (Article 136 of the Labor Code of the Russian Federation);
delay in payment of wages (Article 136 of the Labor Code of the Russian Federation);
non-payment of all amounts due upon dismissal (Article 140 of the Labor Code of the Russian Federation).

Article 136 of the Labor Code of the Russian Federation establishes that wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract. However, at many enterprises that have financial problems and a small workforce, as well as using "black cash" in settlements with employees, such a violation is a common thing. There are even cases when an employer is simply too lazy to pay salaries twice a month, loading both the accountant and the cashier, carrying out operations on the current account, etc.

It should be noted that non-payment to employees of all amounts due upon dismissal on the day of dismissal from work is a very common violation of the requirements of the Labor Code of the Russian Federation. This violates the requirements of Art. 140 of the Labor Code of the Russian Federation: upon termination of the employment contract, payment of all amounts due to the employee is made on the day of his dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. Most often, this violation is established not during scheduled inspection activities, but as a result of an unscheduled inspection conducted on the basis of an appeal from an already dismissed employee in respect of whom a violation was committed.

Example 4

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On November 12, 2011, the GIT revealed violations of Art. 140, 183 of the Labor Code of the Russian Federation in terms of non-payment of a full cash settlement upon dismissal, including temporary disability benefits. An order was issued to the head, he was brought to administrative responsibility under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine.

Practice shows that in violation of Art. 136 of the Labor Code of the Russian Federation, expressed in the delay in wages, relapses are very often recorded. This state of affairs is usually associated with an unstable financial situation in the enterprise. In this case, the organization is not necessarily in the stage of bankruptcy. A common reason is non-payments by counterparties, a situation of conflict with tax and customs authorities resulting from underestimation of taxes, non-payment of customs duties. And, as a result, - the suspension of operations on the account. And this prevents timely settlements with their own employees for wages without performing certain complex and lengthy actions to receive Money from your own account to pay employees. However, the indicated “disastrous” situation of the employer enterprise does not affect its obligation to pay on time, as well as the responsibility to which it can be held for this species violations of the Labor Code of the Russian Federation.

Example 5

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On November 18, 2011, the State Inspectorate conducted an audit of the execution of a previously issued order on the payment of wage arrears to employees of MUP Bezenchukskoye Communal Services. The order has not been fulfilled. A protocol was drawn up on bringing a legal entity to administrative responsibility under Part 1 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation, which was sent to court.

The debt to employees may be small in size and terms, but this does not affect not only the possibility of bringing the employer to administrative responsibility, but also the size of the sanction.

3. Violations in the field of labor protection

Types of violations in the field of labor protection almost exceed the number of violations detected during the conclusion, amendment and termination of an employment contract. Their diversity is associated with big amount requirements of the Labor Code of the Russian Federation in this area. Therefore, almost every requirement established by the Labor Code of the Russian Federation has its own violation and its own violator.

Most often, employers ignore the requirements for conducting workplace attestation established by Art. 209-212 of the Labor Code of the Russian Federation. Recall that certification of workplaces for working conditions is an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection.

Certification of workplaces in terms of working conditions is currently carried out in accordance with the order established by the order of the Ministry of Health and Social Development of the Russian Federation of April 26, 2011 No. 342n “On Approval of the Procedure for Certifying Workplaces in Terms of Working Conditions”. It should be noted that the timing of certification is set by the employer, but certification cannot be carried out less than every five years for each workplace.

Carrying out certification of workplaces is a costly, rather long and has many nuances that can lead to its invalidity. Not wanting to get involved in such a dubious business in terms of productivity, necessity, employers often ignore the requirements of the legislation in this area of labor protection.

Example 6

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Based on the results of an audit conducted on 11/21/2011 at Most LLC, the GIT found that the company did not carry out certification of workplaces in terms of working conditions; the design of the introductory briefing registration log did not meet the requirements of GOST 12.0.004-90; The contingent of persons subject to mandatory preliminary and periodic medical examinations does not include office employees working with PCs. An order was issued to eliminate the committed violations of labor legislation; guilty official brought to administrative responsibility, under Part. 1 Article. 5.27 of the Code of Administrative Offenses of the Russian Federation, in the form of a fine.

Keep in mind that even an employee's failure to familiarize themselves with the workplace attestation card for working conditions is assessed as a violation of labor laws. Thus, in November last year, the Financial Service of the Administration of the Kuibyshev railway branch of Russian Railways.

Often the employer ignores the requirements of the Labor Code of the Russian Federation in terms of medical examination their employees. The obligatory nature of this procedure is stated in Art. 213 of the Labor Code of the Russian Federation, requiring it to be carried out for workers engaged in heavy work and work with harmful and / or hazardous conditions labor (including underground work), as well as work related to the movement of transport (preliminary - upon admission to work and periodic (for persons under the age of 21 - annual) medical examinations (examinations)). Employees of food industry organizations must also undergo a medical examination, Catering and trade, water supply facilities, medical and preventive and children's institutions, as well as some other employers.

Most often, the requirement to conduct a medical examination is violated at those enterprises that are rarely subjected to inspections on this account. For example, "office" companies or those that are not directly related to production. But at food industry enterprises and in children's institutions, in industries with harmful factors, such a violation is less common due to their frequent checks for compliance with these legal requirements.

Example 7

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GIT revealed violations of the requirements of Art. 212, 213, 221 of the Labor Code of the Russian Federation in Samara River Passenger Enterprise LLC. In particular, the organization did not conduct preliminary and periodic medical examinations, employees were not provided with special clothing, footwear and other personal protective equipment. The director has been fined.

Absence labor protection training(that is, a violation of the requirements of Articles 212, 225 of the Labor Code of the Russian Federation) in most cases is detected during scheduled inspections of the GIT.

Quite a lot of violations of labor legislation and labor protection are committed by employers when investigation of industrial accidents.

Such violations include:

untimely informing the relevant supervisory authorities about injuries with a severe outcome;
non-creation of commissions to investigate the circumstances and causes of an accident at work with an easy outcome;
incompleteness of registration of the established forms for conducting investigations of accidents at work with a mild outcome (protocols of interviewing the victim, officials; protocols for examining places of accidents; documents confirming the training and instruction of workers in labor protection and safe methods performance of work by profession or type of work; documents confirming the issuance of PPE to the employee);
the absence in the acts in the form H-1 of a record of familiarization with the employee and handing over a copy in his hands.

Often, such violations are revealed only when it comes to initiating a criminal case on the death of an employee. The amount of the fine also differs from that usually applied under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Example 8

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An inspection at RSU Primorsky District LLC established the fact of a fatal accident at work that occurred in February 2011 with a citizen of the Republic of Ukraine. The accident was not investigated by the employer. Based on the results of the check, the assistant to the prosecutor's office sent materials to the Primorsky District Court on the suspension of the Company's activities. The GIT issued an order to the employer obliging him to conduct an investigation in the prescribed manner. RSU Primorsky District OJSC was found guilty of committing an administrative offense and fined 50,000 rubles. In addition, it was found that there labor relations with a foreign worker who did not have a proper work permit. The materials were sent to the Federal Migration Service for St. Petersburg and Leningrad region to bring the employer to administrative responsibility also for this violation.

Another important aspect, which should be borne in mind: it is violations in the field of labor protection that lead to accidents at work.

4. Violations in the field of the regime of work and rest

The systematized data of inspections of the GIT showed that the most common violations of the requirements in the field of work and rest are:

Art. 100, 103, 108, 123 of the Labor Code of the Russian Federation, related to the absence in organizations of local regulations governing the schedule of working hours and rest time (rules of internal labor regulations, shift schedules, vacation schedules);
Art. 125 of the Labor Code of the Russian Federation, caused by the recall of employees from vacation without their written consent;
Art. 114-117, 124, 125 of the Labor Code of the Russian Federation, related to the provision of employees with vacations of a shorter duration than established by labor legislation, as well as the failure to provide employees employed in jobs with harmful and / or dangerous working conditions with annual paid holidays and additional paid holidays;
Art. 126, 127, 291 of the Labor Code of the Russian Federation, caused by the replacement of unused vacation by the employee with monetary compensation, non-payment of monetary compensation for unused vacation upon dismissal;
Art. 284 of the Labor Code of the Russian Federation related to non-compliance by the employer with the norms of working hours for persons working part-time.

Example 9

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GIT in the Primorsky Territory revealed a violation of the requirements of Part 1 of Art. 123 of the Labor Code of the Russian Federation in the MUDO Youth Sports School "Vodnik", which resulted in the preparation of not one (single), but two vacation schedules for 2010 - for the teaching and other staff of the school. In addition, both vacation schedules for 2010 were approved on May 1, 2010.

5. Violations in the field of guarantees and compensations

Guarantees and compensations are established in section VII of the Labor Code of the Russian Federation. The cases of granting guarantees and compensations are listed in Art. 165 of the Labor Code of the Russian Federation. In addition to the general guarantees and compensations provided for by the Labor Code of the Russian Federation (guarantees when hiring, transferring to another job, wages, etc.), employees are provided with guarantees and compensations, for example, when they are sent to business trips moving to work in another area; when combining work with education, etc.

Example 10

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In USO Khanty-Mansiysk Autonomous Okrug - Yugra KTsSON "Protection" the employee was not paid compensation for paying the cost of travel and baggage to the place of use of the vacation and back, requiring confirmation of the ticket purchase by cash registers. Based on the results of the audit, an order was issued with requirements to eliminate the violation of labor legislation.

As the practice of the GIT shows, violations in the field of guarantees and compensations are revealed, as a rule, in the course of comprehensive inspections. The reason for this is the non-appeal of workers on these types of violations to state labor inspectors, since labor relations most often continue. Despite the GIT guarantee that the employer will leave the author of the complaint incognito, the likelihood of establishing the identity of the “complaintant” is quite high. And since no one wants to fall into disgrace only because of a complaint to the GIT, most workers prefer to resolve the issue of providing guarantees and compensations peacefully.

6. Violations in the application of disciplinary sanctions

If we talk about disciplinary sanctions, then, according to the inspections of the State Customs Committee, the procedure for their application is most often violated due to the lack of explanations from the perpetrators, which are either not required at all, or are requested after the issuance of the order. Based on Art. 193 of the Labor Code of the Russian Federation, before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act must be drawn up. Keep in mind that a violation of this procedure may result in an order from the GIT to cancel the order for disciplinary action.

Example 11

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The inspector found that an explanation of the misconduct committed by the employee before the application of a disciplinary sanction was not requested, an act after two days on the refusal to give an explanation was not drawn up. In this regard, the director of the Sherkal municipal enterprise of housing and communal services municipality"Rural settlement of Sherkala" issued an order obliging to recognize the order to apply a disciplinary sanction invalid due to violation of the procedure for applying disciplinary sanctions, provided for in Art. 193 of the Labor Code of the Russian Federation.

Remember that state labor inspectors regard the failure to familiarize the employee (or untimely familiarization) with the order (instruction) on disciplinary action as a violation by state labor inspectors.

In addition, the monthly term for the application of disciplinary sanctions is often violated. But the most dangerous violation in this area is the unlawful application of such a sanction as dismissal on the appropriate grounds provided for in Art. 81 of the Labor Code of the Russian Federation. Such a violation threatens the employer not only with the cancellation of the dismissal order and the reinstatement of the employee at work with the payment of average earnings for the time forced absenteeism but also bringing the employer to administrative responsibility for violation of labor laws.

7. Failure to provide guarantees in accordance with the Labor Code of the Russian Federation to certain categories of employees

In this area, the rights of women, persons with family responsibilities and workers under the age of 18 are most often violated. One of these violations is illegal dismissal pregnant woman. The result of its identification, as a rule, is the restoration of the employee at work and the collection of average earnings during the forced absenteeism.

The problem of observing the labor rights of women continues to be relevant.

Example 12

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The GIT in the Khanty-Mansiysk Autonomous Okrug in the organizations inspected in 2011 revealed 36 (in the same period of 2010 - 27) violations of women's rights, regarding the labor of underage workers - 22 violations (in the same period of 2010 - 12).

Since the Khanty-Mansiysk Autonomous Okrug belongs to the northern regions, the main violation of labor legislation regarding the use of women's labor is the failure to establish a 36-hour working week women working in areas equivalent to the conditions of the Far North. In addition, the rules of labor protection and ensuring healthy and safe working conditions are not observed; women workers work in conditions that do not meet sanitary and hygienic and other safety and health standards. A lot of violations are stated when registering the movement of employees within one organization.

The rights of minors are often violated. And if Art. 268 of the Labor Code of the Russian Federation on the prohibition of sending a minor employee on business trips, engaging in overtime work, work at night, on weekends and non-working holidays, as well as the requirement of Art. 265 of the Labor Code of the Russian Federation on the prohibition of work in harmful working conditions are practically not violated, the requirement for a mandatory preliminary examination (Article 266 of the Labor Code of the Russian Federation) and a specific procedure for terminating an employment contract with an employee under 18 years of age (Article 269 of the Labor Code of the Russian Federation) are violated quite often. Even more common is non-compliance with the requirement for an extended duration annual leave such an employee, established by Art. 267 of the Labor Code of the Russian Federation.

Example 13

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As a result of a scheduled inspection conducted at Data-M LLC, the GIT revealed violations of labor laws in relation to a minor worker. In his employment contract, the duration of the main annual leave is set at 28 calendar days, upon admission to work, a preliminary medical examination was not passed. The head was brought to administrative responsibility.

8. Violations of the requirements for advanced training of employees

In terms of “popularity”, this type of violation occupies one of the last places. The reason for this is the extreme inactivity of the workers themselves. As you know, the Labor Code of the Russian Federation, in conjunction with other laws, provides for mandatory periodic advanced training only in relation to certain categories of workers (doctors, teachers, prosecutors, employees of the investigative committee, etc.). For the rest of the staff, advanced training is not mandatory. And the passage of this procedure is entirely given to the discretion of the employer.

Violation is complicated by the fact that advanced training is carried out at the expense of the employer. And this means that often the root cause of the violation is the lack of financial resources for the employer to fulfill the obligation assigned to him to improve the skills of his employees.

All such cases are detected both during inspections and already at the stage of controversial situation with an employee. Moreover, in almost half of them, the violation is opened not by the GIT, but by the prosecutor's office or the court. This applies to the challenge by the prosecutor of the dismissal of employees for inconsistency with the position held or disputes about forcing the employer to provide advanced training for employees.

9. Violations identified in the content of local acts of organizations

When conducting a comprehensive audit, the GIT also checks the content of the Internal Labor Regulations. In most cases, violations this document take place simultaneously with violations at the conclusion of an employment contract, but may exist separately. Most often, the Internal Labor Regulations do not contain all necessary conditions, and sometimes directly contradict the norms of the Labor Code of the Russian Federation. Most of the violations relate to the non-organization of accounting of working hours at enterprises that use shift work, summarized accounting of working hours.

Example 14

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The State Labor Inspectorate found that the Employer’s Internal Labor Regulations do not establish the duration of additional paid leave for employees - 8 calendar days, and do not establish special breaks for heating and rest for employees working in the cold season on outdoors(Article 109 of the Labor Code of the Russian Federation). In addition, shift working hours have been introduced for some employees, but the accounting for such time has not been established in the Internal Labor Regulations, and the accounting period has not been specified. In conjunction with other documents of the company, the audit showed that the labor contracts of employees working outdoors do not specify their working time and rest regime, although it differs from the working time and rest regime established for the main category of workers. The issued order has been executed. The same violation was revealed during the scheduled comprehensive inspection.

10. Violations of legal requirements when using foreign labor

For the five months of 2011, the GIT in St. Petersburg carried out 95 inspections of compliance by employers with labor legislation when using the labor of foreign workers (for comparison: for the whole of 2010 - 146 inspections). 610 violations were revealed (1138 for the whole of 2010, 100 mandatory orders were issued in respect of them, 54 officials and legal entities were brought to administrative responsibility (in 2010 - 96) for total amount RUB 328,000 (427,000 rubles for 2010).

The most common violations of labor laws against foreign workers are committed:

when concluding an employment contract;
when issuing work books;
when applying for a job;
in connection with the late payment of wages;
in connection with improper training and instruction of employees on labor protection (in the absence of these actions in full or in part);
in the field of certification of workplaces in terms of working conditions, etc.

As the results of inspections of the State Customs Committee in this area show, violations in the use of foreign labor are almost identical to violations committed in the use of the labor of Russians. And yet there is one difference: in order to use the labor of foreign workers, the legislation of the Russian Federation in the field of migration registration, the visa regime establishes a number of requirements for both a foreign worker and an employer hiring such an employee. In a nutshell, these requirements boil down to the employee's having a work permit, which he often does not have, as well as to his compliance with the requirements of migration registration. In addition, for the employer, when using foreign labor, it is necessary to have an appropriate permit to attract and use foreign workers, compliance with the quota established by the Government of the Russian Federation.

Causes of violations and measures of influence

Analysis of the results of inspections of state labor inspections(GIT) says that the main reasons for violations of labor laws by employers are:

ignoring the current labor legislation;
legal illiteracy a large number employers (especially individual entrepreneurs and heads of small enterprises);
legal nihilism of individual employers who do not want to comply with labor laws;
low level of legal training of employees who do not know how and cannot defend their rights;
the absence or extremely passive work of primary trade union organizations in economic entities;
unprofitability of enterprises, their bankruptcy, lack of own funds against the background of large debts of counterparties to employers themselves and debts of the local budget (for violations in the field of wages).

Measures of influence are provided for by administrative (and in some cases, criminal) legislation. The GIT and the court are not entitled to go beyond the sanctions established by law. Often, with which the majority of state labor inspectors agree, even the maximum sanctions for a particular violation of the requirements of legislation in the field of labor relations and labor protection do not correspond to the degree of danger of the violation committed and the possible consequences that may come.

Thus, the most applicable is Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for administrative liability for violation of labor legislation and labor protection. Violators may be fined (for officials and individual entrepreneurs in the amount of 1,000 to 5,000 rubles; for legal entities - from 30,000 to 50,000 rubles). For individual entrepreneurs and legal entities, as an option, an administrative suspension of activities for up to ninety days is also provided.

In the event of a repeated violation by an official who was previously subjected to administrative punishment for a similar administrative offense, disqualification for a period of one to three years may be applied.

As can be seen from the indicated range, the sanctions are rather mild. Suspension of activities is applied quite rarely, and then only in case of violations of labor protection requirements. Disqualification began to be applied more often - in relation to malicious violators. But, as a rule, officials manage to evade responsibility due to the imperfection of the administrative procedure for bringing to responsibility and the preventive deadlines for bringing them to justice.

Much more stringent sanctions are provided for by the Criminal Code of the Russian Federation:

Article 143 of the Criminal Code of the Russian Federation provides for liability for violation of labor protection rules and establishes sanctions ranging from a large fine (up to 200,000 rubles) to imprisonment of a person who is responsible for observing labor protection rules. However, liability under this provision arises only if the specified violation caused by negligence the infliction of grievous bodily harm or death.
Article 145 of the Criminal Code of the Russian Federation provides for liability for an unjustified refusal to hire or unjustified dismissal a pregnant woman or a woman with children under the age of three. Sanctions - from a large fine (up to 200,000 rubles) to compulsory works guilty. The article is considered practically “dead”, non-working. It is extremely difficult to hold accountable for this type of violation, and practically no one needs it.
Article 145.1 of the Criminal Code of the Russian Federation is the most popular in the field of violations labor law, provides for liability for non-payment of wages, pensions, scholarships, allowances and other payments. Sanctions - a fine, deprivation of the right to hold certain positions or engage in certain activities, forced labor or imprisonment. The article is valid, often applied to persistent violators, especially during periods of economic crisis.

The frequency of violations does not depend too much on the activity of HIT in a particular region. Basically, the number of violations depends on the economic situation, financial stability region. Currently, unfortunately, the GIT records an increase in the number of violations of labor laws.

If the employer is a malicious offender

As we noted earlier, not all employers, having received an order, immediately rush to fulfill it and eliminate the identified violations. There are employers who, having paid a fine, do nothing. Or, even worse, having calculated the probable costs associated with the proper implementation of the requirements of the law, and the maximum amounts of fines, together with the probability of revealing these violations, they come to the conclusion that it is cheaper to pay a fine than to comply with the requirements of the Labor Code of the Russian Federation.

Note that the Code of Administrative Offenses of the Russian Federation includes a rule establishing punishment for failure to comply with the GIT order on time - Art. 19.5 of the Code of Administrative Offenses of the Russian Federation “Failure to comply with the legal order (decree, presentation, decision) of the body (official) exercising state supervision(control)". A citizen can be fined 300-500 rubles; official - for 1000-2000 rubles. or disqualified for up to three years; entity- for 10,000-20,000 rubles.

Example 15

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In 2010, due to the expiration of the term for fulfilling the order, ANO "City Fountain" conducted an unscheduled inspection of the fulfillment of the order. It was found that a number of violations specified in the order had not been eliminated. The inspector sent the case file to the Magistrate's Court, which found the head of the organization - an official guilty of the offense committed and sentenced him to an administrative fine of 1,000 rubles.

It happens that the employer takes certain actions (and more often does nothing) aimed at creating obstacles for the labor inspector to conduct a full-fledged inspection. However, such actions (inaction) are also an administrative offense, as well as failure to comply with the instructions of the GIT, for which appropriate sanctions are provided (see, for example, Article 195 of the Code of Administrative Offenses of the Russian Federation).

As practice shows, prescriptions often impose requirements on the employer, the “price” of which is ten times higher than the fine for failure to comply with such prescription. In this regard, the GIT proceeds as follows: after the expiration of the term for fulfilling the prescription and not receiving information about its fulfillment, an unscheduled check of the fulfillment of the prescription is carried out. A protocol is drawn up under Art. 19.5 of the Code of Administrative Offenses of the Russian Federation and a new order is issued with the same paragraphs, but with different deadlines. This practice has continued in court. This allows the inspectors to eventually achieve the restoration of the violated rights of the worker.

In conclusion, we note that the number of labor disputes is growing year by year. At the same time, if earlier workers first went to the state labor inspector for help, clarification of the law and restoration of justice, now very often they go directly to the court. And this implies completely different sanctions and other consequences, so you should not bring the case to court.

Footnotes

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for violation of labor discipline

An employee who has committed a disciplinary offense, that is, failure to perform or improper performance of his labor duties, may be subject to disciplinary liability by the employer.

Article 21 Labor Code Russian Federation The main duties of an employee include the conscientious performance of his labor duties assigned to him by an employment contract, compliance with the internal labor regulations of the organization, compliance with labor discipline, compliance with established labor standards, compliance with labor protection and labor safety requirements, respect for the property of the employer and others. employees, immediately informing the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer.

On the basis of the concluded employment contract, the employer has the right to require the employee to perform the relevant job duties.

Bringing an employee to disciplinary liability is the right of the employer, not an obligation, that is, the employer may bring the employee to disciplinary responsibility for a particular disciplinary offense, or may not.

Labor discipline is regulated by internal labor regulations and statutes on discipline.

According to the provisions of Article 192 of the Labor Code of the Russian Federation, for committing a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply such disciplinary sanctions as a remark, reprimand, dismissal.

Based on the provisions of Article 81 of the Labor Code of the Russian Federation, dismissal of an employee is allowed, including for repeated failure to fulfill his labor duties without good reason, if he has a disciplinary sanction; for a single, gross violation of labor duties by an employee - absenteeism, that is, absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four consecutive hours during the working day (shift); in the event that an employee appears at work (at his workplace or on the territory of an organization - an employer or a facility where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, narcotic or other toxic intoxication.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline (Article 192 of the Labor Code of the Russian Federation).

Employers themselves are not entitled to establish any additional disciplinary sanctions, however, in practice there are such sanctions as fines, deprivation of bonuses, reprimand with a warning and other measures that cannot be recognized as legal.

The main violations of labor discipline include lateness, early departure from work, absence from the workplace during part (all) of the working day, refusal or evasion without good reason from performing work duties, marriage at work, failure to comply with legal instructions (tasks) of management, etc. .d.

There is such a thing as special disciplinary responsibility - this is the responsibility provided for certain categories of employees by special legislation, charters and regulations on discipline. Special disciplinary responsibility has some features - the circle of subjects subject to the relevant norms is strictly defined, special measures of disciplinary action are provided for by the relevant regulations, the circle of persons and bodies endowed with the power to apply such disciplinary sanctions is clearly outlined, a special procedure for appealing against penalties is in force.

By virtue of Article 192 of the Labor Code of the Russian Federation, when imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

The procedure for applying disciplinary sanctions is regulated by Article 193 of the Labor Code of the Russian Federation. So, before applying a disciplinary sanction, the employer must demand a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction may not be applied later than six months from the date of commission of the misconduct, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings. For each disciplinary offense, only one disciplinary sanction may be applied. The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up. A disciplinary sanction may be appealed by an employee to state inspection labor and (or) bodies for the consideration of individual labor disputes. The order to impose a disciplinary sanction may be appealed to the court. By virtue of Article 392 of the Labor Code of the Russian Federation, an employee has the right to apply to the court for resolution of an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the day handing him a copy of the dismissal order or from the date of issue of the work book. In case of missing the statutory period for valid reasons, it can be restored by the court. According to the provisions of Article 393 of the Labor Code of the Russian Federation, when filing a claim with a court for claims arising from labor relations, employees are exempt from paying duties and court costs.

So, for example, citizen O. filed a lawsuit against the municipal healthcare institution “K.” on the cancellation of the order to impose a disciplinary sanction and compensation for non-pecuniary damage. The employer imposed a disciplinary sanction in the form of a reprimand on the plaintiff for improper performance of the labor duties assigned to her. When making a decision on the case, citizen O. was denied the stated claims. When resolving the stated requirements, it was established that the plaintiff, who holds the position of an obstetrician-gynecologist of the antenatal clinic, in the performance of her labor duties, committed gross violations in the organization of observation of the pregnant Yu. She violated the provisions of the job description of the obstetrician-gynecologist of the antenatal clinic, approved by the chief physician of the MUS K.", instructions "On the organization of observation and medical care for pregnant women", approved by order of the Ministry of Health of the Russian Federation dated February 10, 2003 No. 50 "On the improvement of obstetric and gynecological care in outpatient clinics". The court also found that the procedure for imposing a disciplinary sanction against citizen O. was fully complied with by the employer in accordance with the requirements of labor legislation.

Citizen L. filed a lawsuit against the municipal healthcare institution “Z.” to cancel the order to impose a disciplinary sanction. The employer imposed a disciplinary sanction in the form of a reprimand on the plaintiff by the employer for gross violation of the labor duties assigned to him. In making its decision, the court concluded that the stated claims were not subject to satisfaction. During court session it was established that citizen L. at the pre-hospital stage provided poor-quality medical care to the victim Sh. in an accident, in connection with which, a disciplinary sanction was applied to him. When resolving the dispute, it was established that, when applying a disciplinary sanction against citizen L., the employer did not violate labor laws, the procedure for applying a disciplinary sanction was observed, the form and content of the disciplinary sanction order corresponded to the requirements of the labor legislation of the Russian Federation.

However, the imposition of a disciplinary sanction is not final and irrevocable. The Labor Code of the Russian Federation contains a provision providing for the removal of a disciplinary sanction (Article 193), if within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction. The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

gelendjik-gor.krd.sudrf.ru

Employee Responsibilities

absenteeism;
immoral act;
violation of subordination;

at the place of performance;
according to the volume of execution;
according to the form of execution;
according to the method of execution;
on the subject of execution.

Employee explanations

The order to impose a penalty

Deadlines for foreclosure

Violations of labor discipline and responsibility for them

According to labor legislation, each enterprise must develop and approve internal labor regulations. Such a document serves as the main instruction for the employees of the enterprise, and these rules prescribe all the nuances of the labor process and labor discipline: from the start of the working day to the procedure for issuing bonuses and observing the trade secrets of the enterprise.

It would seem, what is so especially terrible if you come to work a minute later than the official start of the working day? But in fact, this is a violation of labor discipline, which can lead to serious penalties. Let's try to figure out what the observance of labor discipline is, what misconduct can be considered as a violation of it, and what it threatens the employee with.

Violation of labor discipline - definition and types

Labor discipline is a set of rules of conduct adopted at the enterprise (labor protection rules, internal labor regulations, corporate ethics, and so on) that is mandatory for all employees of an enterprise (from management to ordinary employees). An important nuance is that the employer is not only obliged to develop and approve such rules, but also to provide conditions for their proper implementation - otherwise, the failure to fulfill labor duties and non-compliance with labor discipline is not the fault of the employee.

In order to apply penalties to an employee for a violation, it is necessary to determine what constitutes a violation of labor discipline. And for this, you first need to clearly understand what is included in the concept of labor discipline.

Employee Responsibilities

According to the Labor Code of the Russian Federation, an employee is obliged to:

comply with the labor standards established by the enterprise;
conscientiously perform official duties;
observe the rules of labor protection, internal labor regulations, the Regulation on commercial secrets and the requirements of other regulatory documents adopted by the enterprise;
take care of the company's property;
in the event of a situation of threat to human health or life, the safety of the property of the enterprise, immediately notify the immediate supervisor.

Violation of any of the above points is considered a violation of labor discipline.

Types of violations of labor discipline

Depending on the norms of the labor process, the following three types of violations of labor discipline by an employee are distinguished:

technological (violation of technological standards);
violation of subordination and coordination in the process of labor management (violations of management standards);
violation of the regime of working hours and rest time (violation of regime norms).

Thus, the release of defective products through the fault of any employee will be a technological disciplinary offense, and, for example, absenteeism can be considered a violation of regime standards.

Depending on the type of violation, the causes of the incident are investigated and the necessary documents are collected.

List of violations of labor discipline

The main violations of labor discipline are usually considered:

violation of labor protection rules that led to an accident or an accident;
appearance at the workplace in a state of narcotic, alcoholic or other toxic intoxication;
absenteeism;
regular lateness to the beginning of the working day and after the lunch break;
premature departure from work lunch break and at the end of the shift;
theft of working property, embezzlement, damage to equipment and other property of the enterprise;
performance of their work duties not in full, not in accordance with the established quality criteria (improper performance of their duties);
disclosure of commercial secrets of the enterprise;
refusal to undergo training or a medical examination, if it is necessary for the qualitative and qualified performance of work duties;
immoral act;
direct disregard for the orders of the head;
violation of subordination;
deliberate failure to comply with the requirements of instructions and orders;
participation in activities that undermine the authority of the leader.

Several absenteeism in a row, appearing at the workplace in a state of intoxication, theft, forgery of documents, as well as an immoral act are considered as a gross violation of labor discipline.

It is also worth remembering that improper performance of duties can be as follows:

at the place of performance;
by the date and time of execution;
according to the volume of execution;
according to the form of execution;
according to the method of execution;
on the subject of execution.

Acts of violation of labor discipline are called disciplinary offenses.

It should be added that it is necessary to distinguish between the material liability of employees and disciplinary offenses, since liability may arise or last even after the end of the employment relationship, if the material damage to the enterprise was caused while the employee was an employee of the enterprise.

Penalties for violations of labor discipline

The penalties that the employer has the right to apply to the employee are prescribed in Article 192 of the Labor Code of the Russian Federation. These include:

At the same time, the employer also has the right to deprive the employee of the bonus (as part of a reprimand, if such a procedure is reflected in the internal documents of the enterprise).

Remark for violation of labor discipline

Upon the misconduct committed by the employee, an act on violation of labor discipline must be drawn up, in which it is necessary to reflect the essence of the misconduct, the explanations received from the employee and the remark received. The remark in itself does not threaten the employee with any special troubles, but it will be possible to talk about a systematic violation of labor discipline if the employee commits another disciplinary offense in the near future.

Reprimand for violation of labor discipline

A reprimand is issued for a committed disciplinary offense (misdemeanor) and may be ordinary or severe. A reprimand is not entered in the work book, but is recorded in the order, but in the work book it is noted only if the employee is fired for improper performance of work duties and systematic violation of labor discipline.

Dismissal for violation of labor discipline

Dismissal is a last resort. It can be applied in the event of a systematic violation of labor discipline by an employee and failure to fulfill his duties, as well as in the event of a gross disciplinary offense.

For example, educational institutions can dismiss an employee who has committed an immoral act.

Responsibility for violation of labor discipline

According to labor legislation, each employee is responsible for observing labor discipline at the enterprise, and each employee must be familiar with the internal labor regulations, labor protection documents, job descriptions and other documents regulating his labor activity, against signature. In case of violation of labor discipline by an employee, the employer has the right to apply penalties at its discretion, depending on the severity of the misconduct.

The order of recovery for a disciplinary offense

The punishment for violation of labor discipline is established by the head of the enterprise on the basis of legislation and available information.

The act of committing a disciplinary offense

When an employee commits any disciplinary offense, an appropriate act is drawn up. The document is drawn up by the immediate supervisor of the employee in the presence of two witnesses in two copies (one immediate supervisor is transferred to the top management for a decision on the recovery, the other copy is transferred to the employee). The form of the act and the employees responsible for drawing up the act must be approved by the internal labor regulations of the enterprise.

Employee explanations

The employee is required to provide written explanations regarding the disciplinary offense committed by him (it is recommended to require an explanation in writing so that this fact is recorded). If the employee refuses to give explanations, this should be reflected in the act. The employee is given two days to provide explanations. It is worth mentioning that the refusal to write explanatory note will not save the employee from imposing a penalty.

If the employee has provided an explanatory note, an act of violation and a memorandum from the immediate supervisor of the employee are attached to it. This package of documents is submitted to senior management in order to make a decision on recovery.

The order to impose a penalty

After studying the circumstances of the committed disciplinary offense and studying all the documents, the head of the enterprise issues an order on violation of labor discipline.

There is no standard form for such an order (except for the dismissal order, which is drawn up according to the forms No. T-8 and No. T-8a, approved by the Decree of the State Statistics Committee of Russia dated January 05, 2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment"), but the document must reflect the disciplinary offense, the time and date of its commission, the type of penalty and list the regulatory documents. The recovery order must contain the visas of the head of the enterprise, the head of the structural unit (or the immediate supervisor of the employee), as well as the head of the personnel service.

The Labor Code on violation of labor discipline states that such an order is not reflected in the employee's work book (with the exception of dismissal). A copy of the order can be filed in the employee's personal file. Also, the employee must be familiar with the order for collection against signature within three days.

Recall that the penalty must be justified, and its severity must be commensurate with the gravity of the offense committed.

Order to remove the disciplinary sanction

By decision of the management, a disciplinary sanction can be removed within a calendar year, about which an appropriate order is drawn up. The document must necessarily reflect the basis and reason for the removal of the penalty. The procedure for familiarizing an employee with such an order is the same as for familiarizing with a recovery order.

If during the year the penalty was not removed, but during this time the employee did not commit a single disciplinary offense, the penalty is canceled automatically and is considered as if the employee never received it.

Deadlines for foreclosure

The employer must impose a penalty on the guilty employee within a month from the date of the misconduct. Later than six months from the day the misconduct was committed, the punishment cannot be applied if the misconduct was discovered during the inspection or audit, the period is extended to two years.

It should also be noted that the employer cannot apply two penalties for the same offense and cannot impose a fine for violation of labor discipline. In this case, the deprecation of bonuses is not a fine, since the bonus is a means of encouraging employees.

Examples of violation of labor discipline

The most illustrative example of a violation of labor discipline is absenteeism - unauthorized absence from the workplace for three or more hours without warning the immediate supervisor and without good reason. At the same time, it is not uncommon for an employee, for example, on the way to work, to get into a traffic accident or get stuck in an elevator and not have any opportunity to warn the boss. Therefore, before imposing a penalty and thinking about dismissing a negligent employee, it is necessary to carefully study all the circumstances of a disciplinary offense. Do not forget that the employee can appeal the received penalty through the court or state authorities.

Violation of labor discipline: is it always possible to punish an employee

Violation of labor discipline (Labor Code of the Russian Federation) inevitably entails a disciplinary sanction. But can everything that the employer does not like be considered a violation of discipline? When can an employee be punished, and when not? In the article we will answer the questions of what is labor discipline, what are the obligations of employees and employers to comply with it, what is a violation of labor discipline (examples and consequences).

What is labor discipline

This is compliance with the rules and norms of behavior that are established by labor legislation, collective and labor agreements, local administrative acts of enterprises.

Article 21 of the Labor Code of the Russian Federation establishes a limited list of employee duties, non-compliance with which is a violation of labor discipline.

About what labor discipline is, the internal labor regulations (PWTR) should be explained to employees with reference to the Labor Code.

Collective agreements and other local acts may establish for mandatory compliance with:

the procedure for hiring and terminating employment relations;
mode of work (duration of the working week, working day, availability of breaks and days off);
list of positions with irregular working hours;
duration of the vacation period for different categories of employees;
procedure and terms of payment of wages;
incentives and punishments for employees.

It is important to record in the LNA a list of duties in as much detail as possible, for the failure to fulfill which a penalty follows - if this is not done, it will often be impossible to bring the offender to justice.

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At the same time, labor legislation establishes obligations for employers to create conditions for employees to comply with labor discipline, such as:

provide employees with work stipulated by the employment contract;
provide them with equipment, tools, technical documentation and other means necessary for the performance of their duties;
ensure safety, security and health at work;
pay wages to employees full size and on time, etc.

If these conditions are not met, the employee’s violation of the rules of conduct will not be recognized as his fault (for example, if conditions were not created for him to undergo labor protection training, he cannot be removed from work).

What is a violation of labor discipline

Failure to perform or improper performance by an employee of his duties (through his fault) is a violation of working discipline.

Conventionally, the following types of violations of labor duties of employees are distinguished:

1. Managerial, related to non-observance of subordination by an employee, such as:

ignoring the orders of the head;
deliberate failure to comply with the requirements of instructions and orders.

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2. Technological related to non-compliance with technological standards and working conditions, for example:

non-observance of labor protection rules, as a result of which an accident or an accident occurred;
production of defective products.

3. Security related to non-compliance with the working hours, for example:

appearance at the workplace in a state of narcotic, alcoholic or other toxic intoxication;
absenteeism;
regular lateness to the beginning of the working day and after the lunch break;
early departure from work at lunchtime and at the end of the shift.

Each violation entails the collection of supporting documents, in some cases - an investigation.

Consequences of violation

As a liability for non-compliance with labor rules, a disciplinary sanction may be applied to an employee:

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comment;
rebuke;
dismissal for appropriate reasons.

Application of several penalties for one offense is not allowed.

The Labor Code prohibits the application of disciplinary sanctions that are not established by laws (part 4 of article 192 of the Labor Code of the Russian Federation). For example, monetary fines or deprivation (reduction) of bonuses cannot be applied as administrative penalties for non-compliance with labor discipline.

Therefore, local acts, including orders, on the application of monetary fines will be illegal.

As for the option of depriving a bonus as an edifying measure: bonuses in accordance with the Labor Code of the Russian Federation are an incentive payment, and not a penalty. However, if the company has a bonus system, then the regulation on bonuses may provide for which the employee may be reduced or not paid the bonus in full. One of these conditions may be failure to fulfill obligations. In this case, the local act on bonuses must necessarily establish the conditions and procedure, including documentation, in accordance with which the amount of the bonus may be reduced or the employee may be deprived of the bonus in full.

The procedure for imposing penalties

Fixation of the misdemeanor and drawing up an act on the commission of the misconduct. The form is free.
Obtaining explanations from the employee about the causes of violations (the explanation is set out in writing. Refusal to give explanations is recorded in the order).
Issuance of the Order on the imposition of a penalty. The form is free.
Familiarization of the employee with the order.

Only the dismissal is recorded in the work book.

As practice shows, discipline is an important factor in improving business efficiency. Disorganization, passivity, dishonesty, laziness and irresponsibility of employees negatively affect the production process of any enterprise, lead to higher prices for products, works or services, impose additional financial and criminal liability on entrepreneurs for low-quality products. That is why employers are reasonably strict to any facts of violation of labor regulations.

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