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Responsibility for violation of the internal labor regulations. Violation of labor discipline: is it always possible to punish an employee. Types of disciplinary sanctions and their application

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 applying a foreign work force.

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;
the employment contract does not include the 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 wages and other local regulations related to the employee's labor function (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);
two month change notifications to an employee certain parties the terms of the employment contract (introduction of new forms of remuneration, change in the mode of work, 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 of incorrect design transfers of workers 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 calculation.

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 GIT 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, statutory 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 next day after the laid-off employee presents a demand 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. common cause are non-payments by counterparties, a situation of conflict with tax, customs authorities, which arose as a result of 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 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, shoes and other means. personal protection. 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 in due course. 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 the Leningrad Region to bring the employer to administrative responsibility also for this violation.

Another important aspect to keep in mind is that violations in the field of labor protection 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 for employment, transfer to another job, wages, etc.), employees are provided with guarantees and compensations, for example, when they are sent on business trips, moving to work in another area; when combining work with education, etc.

Example 10

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In USO Khanty-Mansi 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 purchase of the ticket cash register equipment. 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 of forced absenteeism, but also with bringing the employer to administrative responsibility for violating 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 equated to conditions Far North. In addition, the rules of labor protection and ensuring healthy and safe conditions labor; 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 during harmful conditions labor 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 a disputable 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;
upon registration 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

An analysis of the results of inspections by state labor inspectorates (GIT) suggests that the main reasons for violations by employers of labor legislation are:

ignoring the current labor legislation;
legal illiteracy a large number employers (especially from among 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 workers 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 and the possible consequences that may occur.

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 unjustified refusal to hire or unjustified dismissal of 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 implementation, 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 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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Each organization must have internal labor regulations (Article 189 of the Labor Code of the Russian Federation). Their absence is a violation of labor law, which entails liability for the employer (for example, a fine during an inspection by the labor inspectorate or the prosecutor's office). How to draw them up correctly: legally and beneficially for the employer, what mistakes to avoid, how to properly approve them, change them - all these are questions that arise in practice. This article we will consider these issues.

Legislative regulation

According to Art. 189 of the Labor Code of the Russian Federation, labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with this Code, other laws, a collective agreement, agreements, an employment contract, local regulations of the organization. The employer is obliged, in accordance with the Labor Code of the Russian Federation, laws, other regulatory legal acts, a collective agreement, agreements, local regulations containing labor law norms, an employment contract, to create the conditions necessary for employees to comply with labor discipline.

The labor schedule of the organization is determined by the internal labor regulations.

The internal labor regulations of the organization are local normative act organizations that regulate, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, the working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations in organizations (Article 189 of the Labor Code of the Russian Federation).

The internal labor regulations of the organization, as a rule, are an annex to the collective agreement.

The internal labor regulations of the organization approved by the employer are usually posted in a conspicuous place in departments, workshops, laboratories and other divisions.

The employer is obliged to familiarize employees with the rules when hiring them.

And according to Art. 56 of the Labor Code of the Russian Federation, when concluding an employment contract, the employee assumes the obligation to comply with the internal labor regulations.

Contents of the Internal Labor Regulations

The Internal Labor Regulations should define:

procedure for hiring and firing employees

st.189, 56-84, Labor Code of the Russian Federation

fundamental rights, duties and responsibilities of employees and the employer

Art. 189, 21, 22 of the Labor Code of the Russian Federation

working mode

Art. 189, 100, section 4 of the Labor Code of the Russian Federation

the procedure for maintaining the summarized accounting of working hours

Art. 104 Labor Code of the Russian Federation

rest time breaks for rest and meals, holidays, etc.

Art. 189, 108, 109, 110, 111, 119, chapter 5 of the Labor Code of the Russian Federation

list of positions of employees with irregular working hours

Art. 101 Labor Code of the Russian Federation

incentives and penalties applied to employees

191, 192 of the Labor Code of the Russian Federation

paydays at least every half a month

Art. 136 Labor Code of the Russian Federation

other issues of regulation of labor relations in the organization

Art. 189 Labor Code of the Russian Federation

What “other issues…” are prescribed in the Rules? These can be safety rules and industrial sanitation, systems and rules for remuneration, if they are not regulated by a separate act in the organization, etc.

The conditions that you establish in the Internal Labor Regulations should not worsen the position of the employee in comparison with the Labor Code of the Russian Federation and the collective agreement (if any), should not contradict the named documents.

For example, it is impossible to establish the obligation of an employee to take leave at the first request of management in the event production needs. According to the law, the consent of the employee is required for recall from vacation.

Another example. Large trade company S. “absorbed” shop T. (LLC) in this way: the former founders left the LLC and new founders entered - the owners of S. The new owners decided to change the working hours of the store employees, making it the same as in the S chain of stores. If before, the employees T. worked on a five-day working week, then according to the new Internal Labor Regulations, they had to work on a six-day working week. And only a year later, when conducting an audit, the new owners of T. store LLC found out that this LLC also had a registered collective agreement, which also fixed a five-day working week. It turned out that the new Labor Regulations thus contradicted the collective agreement. In this regard, the question arose of the need to pay all store employees to work on Saturdays according to the rules for remuneration on a day off for the entire period of the six-day working week.

When starting to draw up the Internal Labor Regulations, coordinate their provisions with other corresponding contracts and documents in the company.

Often at an enterprise (especially for individual entrepreneurs) different documents contain different information about the working hours and the procedure for remuneration. Employment contracts establish one mode of working hours and dates for the payment of salaries, others in the Internal Regulations, the work schedule has its own mode of working hours, and the Regulations on remuneration and bonuses have their own salary dates and payroll criteria, which differ from staffing and from employment contracts.

It is necessary to link the terms of the Rules with labor contracts, local acts of the employer, in particular, link the working hours in the Rules, labor contracts, schedules, procedures and dates of remuneration in the Rules, labor contracts, Regulations on wages.

When developing the Rules, be sure to set the first duty of the employee to “compliance with the Internal Labor Regulations”. The same obligation of the employee should be duplicated in the employment contract (in the section "Employee's Duties").

There are a number of problematic issues that have not been resolved by the legislator in the field of regulation labor discipline and content of the Internal Labor Regulations. Let's touch on some.

For violation of the obligations established in the Internal Labor Regulations (provided that the employee is properly acquainted with them), the employee may be subject to disciplinary action. In this regard, I would like to note the following. In practice, personnel officers and lawyers, during inspections by labor inspectors, sometimes come across such an opinion of the latter as the inadmissibility of holding an employee liable for violation of certain duties.

For example, in the Internal Labor Regulations of the company Sh., a requirement for business ethics at work was established, and it was spelled out what to consider as a violation of business ethics (talking in obscene words was one of such violations). When one of the employees was reprimanded for swearing, the labor inspector considered it illegal, because he considered it unacceptable to recognize the duty to observe business ethics as a work duty, and recommended that, during especially expressive outbursts of foul language on the part of employees, call the police and hand over the perpetrators for petty hooliganism. The inspector referred to Art. 192 of the Labor Code of the Russian Federation, according to which a disciplinary sanction can be applied for violation job duties. But the lawyers of the Employer's company categorically disagreed with the opinion of the inspector and considered that the duty to observe business ethics is precisely a labor duty, in today's market conditions.

Another case. The director quarreled with the sales manager and while looking for a reason to fire the manager, the latter called the company's clients and said: “Our company is in financial difficulties now, so we are calling our old clients, offering to buy such and such goods from us so that we can increase income” and in that spirit. First, she created a very negative reputation for her employer. Who wants to work with bankrupts? Secondly, the company traded goods with a warranty period. Therefore, those who even wanted to purchase these goods abandoned the idea for a long time, because in the event of the ruin of the seller, they lost hope for warranty service. How to deal with such employees? Civil liability for harm business reputation established in the Civil Code. In the case under consideration, the employer did not sue under these articles, because he did not want clients and partners to find out how he could not cope with his employees. And the Labor Code of the Russian Federation does not establish a direct possibility to dismiss and apply a disciplinary sanction for such cases. After the incident with the employee, the director decided to include in the Internal Regulations a rule on the obligation of the employee not to disseminate discrediting and false, completely or partially unreliable information about the employer, information that harms the business reputation of the employer. For violation of this obligation, according to the Rules, a disciplinary sanction could be applied to the employee, up to and including dismissal. Interestingly, when checking this paragraph of the Rules, labor inspectors did not express any claims, considering the named duty to be labor. It is possible that another inspector, judge or lawyer would have a different opinion on this matter.

More examples - topical issues clothes at work. The office manager - the face of the company - with the onset of summer begins to go to work in a completely transparent blouse and tight-fitting breeches or shorts, while, according to the Internal Labor Regulations, she must come to work in business clothes, "a business suit consists of a skirt not above the knee straight cut and blouses. Shoes must be closed toe with low heels. Sheer and translucent clothing, denim and sportswear, tight-fitting blouses and trousers are excluded ... ". If, under such Rules, an office manager is reprimanded, and in case of a repeated violation, dismissed, then how likely is the danger that the labor inspector or judge will consider this disciplinary action illegal due to the non-recognition of the obligation to wear business work clothes.

A similar option is when the Internal Labor Regulations impose on employees the obligation to wear branded clothing (waiters, sellers, hairdressers, dry cleaners). Can this be considered a job?

Again, in such “clothing” cases, most lawyers are inclined to believe that the obligation to wear business or company clothes can be considered as a proper labor obligation, provided that the Rules describe what exactly refers to and is understood as business (company) clothing.

We can state that “labor obligation” is an evaluative concept. And among specialists, both in theory and in practice, today there is no unanimity about which duties can be attributed to labor, and which cannot. The legislator should answer this question in the near future, and taking into account modern market conditions, in order to stop the non-uniform application and interpretation of the labor law. At present, there is a clarification of the Plenum Supreme Court(Resolution No. 2 of March 17, 2004), according to which a labor obligation should be considered a violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc. (item 35). And from this clarification, we can conclude that almost every duty established in the listed documents should be considered labor. At the same time, we note that the resolutions of the Plenum of the Supreme Court are of an explanatory and recommendatory nature, they are not absolutely mandatory for application, unlike laws.

Often in practice there are cases of refusal of employees to conclude contracts on full liability. The manager is faced with questions: what to do in this case, can they be forced to sign an agreement if they refuse, can they be punished or fired, how can this be done legally. If in this situation everything is left as it is - without contracts, then this means working under the threat of irreparable losses and with a precedent of disobedience to the leadership. If you punish and dismiss, but at the same time violate the law, then big losses are possible, for example, the restoration of those dismissed and the recovery of average earnings for forced absenteeism.

The decision of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 on this matter states the following:

36. …

If the fulfillment of obligations for the maintenance of material assets is the main labor function of the employee, which is agreed upon when hiring, and in accordance with the current legislation, an agreement on full liability can be concluded with him, which the employee knew about, refusal to conclude such an agreement should be considered as non-fulfillment of labor duties with all the ensuing consequences.

If the need to conclude an agreement on full liability arose after the conclusion of an employment contract with an employee and is due to the fact that, due to a change in the current legislation, the position held by him or the work performed is included in the list of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full liability, however, the employee refuses to conclude such an agreement, the employer, by virtue of part 3 of article 73 of the Code, is obliged to offer him another job, and in the absence of it or the employee’s refusal from the offered job, the employment contract is terminated with him in accordance with paragraph 7 of article 77 of the Code (refusal of the employee to continue work in connection with a change in the essential terms of the employment contract).

Pay attention to the first paragraph - "if ... agreed upon when hiring." It is when hiring an employee that they are introduced to the Internal Labor Regulations. So, if you are afraid that one of the employment contracts will not indicate this condition on the obligation to service material assets, then you can include it in the Internal Labor Regulations, indicating the list of positions (works) to which this condition applies.

It is recommended that the Internal Labor Regulations indicate not only a list of labor duties, but also a corresponding list of disciplinary violations. This will facilitate in the future the task of the judge (or inspector) in determining whether the act of the employee was a disciplinary violation in this organization.

Some employers, when establishing a list of disciplinary violations, also establish a list of disciplinary sanctions, including deprivation of bonus, reprimand, downgrading, postponement of vacation, etc. It is illegal. Recall that Art. 192 of the Labor Code of the Russian Federation establishes only 3 disciplinary sanctions: remark, reprimand, dismissal on appropriate grounds. Of course, this does not mean that it is impossible to deprive premiums. A bonus is a measure of encouragement, and the deprivation of a bonus is a non-use of a measure of encouragement, but not a penalty. Therefore, it is possible to legally deprive bonuses, but write in the Rules that this penalty is impossible.

Approval, amendment of the Internal Labor Regulations.

Acquaintance with the Internal Labor Regulations.

The developed draft of the Internal Labor Regulations is coordinated with the legal department, personnel service and other employees and structural units, at the discretion of the management.

According to Art. 190 of the Labor Code of the Russian Federation The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. Many lawyers believe that in this case, the representative body of workers is understood as a trade union, or another representative body existing in the organization. So in his absence, the head has the right to approve the Rules personally. We do not agree with this opinion. The code does not say that in the absence of a trade union, the manager has the right to approve the Internal Labor Regulations personally. We believe that in this case, the General Meeting of Employees should be convened, which, in order to take into account the opinion of the team when approving the Rules, will determine for its part the Council of Employees or a representative. The fact that the opinion is taken into account must be documented, for example, by the minutes of the meeting of the Council of Workers.

The employer is obliged to familiarize each employee with the internal labor regulations against receipt when hiring.

If developed new edition of the Rules, it is hardly possible to require an employee to sign and comply with the new norms immediately. The fact is that the Internal Regulations, along with the employment contract (for example, in the case of detailing the latter), regulate the essential terms of the employment contract with the employee. And it is possible to change the essential terms of employment contracts only in the manner prescribed by law (Article 73 of the Labor Code of the Russian Federation), subject to notification of employees two months before their introduction. If the innovations concern non-essential conditions, then, I think, apply the article of Art. 73 and there is no need to wait two months.

Legal newspaper for business "COMPANY STRATEGY"

Legislative regulation

The labor schedule of the organization is determined by the internal labor regulations.

The internal labor regulations of an organization are a local normative act of an organization that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, working hours, rest time, incentives and incentives applied to employees. penalties, as well as other issues of regulation of labor relations in the organization (Article 189 of the Labor Code of the Russian Federation).

The internal labor regulations of the organization, as a rule, are an annex to the collective agreement.

The internal labor regulations of the organization approved by the employer are usually posted in a conspicuous place in departments, workshops, laboratories and other divisions.

The employer is obliged to familiarize employees with the rules when hiring them.

And according to Art. 56 of the Labor Code of the Russian Federation, when concluding an employment contract, the employee assumes the obligation to comply with the internal labor regulations.

The Internal Labor Regulations should define:

procedure for hiring and firing employees

st.189, 56-84, Labor Code of the Russian Federation

fundamental rights, duties and responsibilities of employees and the employer

Art. 189, 21, 22 of the Labor Code of the Russian Federation

working mode

Art. 189, 100, section 4 of the Labor Code of the Russian Federation

the procedure for maintaining the summarized accounting of working hours

Art. 104 Labor Code of the Russian Federation

rest time breaks for rest and meals, holidays, etc.

Art. 189, 108, 109, 110, 111, 119, chapter 5 of the Labor Code of the Russian Federation

list of positions of employees with irregular working hours

Art. 101 Labor Code of the Russian Federation

incentives and penalties applied to employees

191, 192 of the Labor Code of the Russian Federation

paydays at least every half a month

Art. 136 Labor Code of the Russian Federation

other issues of regulation of labor relations in the organization

Art. 189 Labor Code of the Russian Federation

For example, it is impossible to establish the obligation of an employee to leave the vacation at the first request of the management in the event of a production need. According to the law, the consent of the employee is required for recall from vacation.

Another example. A large trading company S. “absorbed” store T. (LLC) in this way: the former founders left the LLC and new founders, the owners of S., entered. The new owners decided to change the working hours of store employees, making it the same as in the store chain S. If before the workers of T. worked on a five-day working week, then according to the new Rules of Internal Labor Regulations, they had to work on a six-day working week. And only a year later, when conducting an audit, the new owners of T. store LLC found out that this LLC also had a registered collective agreement, which also fixed a five-day working week. It turned out that the new Labor Regulations thus contradicted the collective agreement. In this regard, the question arose of the need to pay all store employees to work on Saturdays according to the rules for remuneration on a day off for the entire period of the six-day working week.

When starting to draw up the Internal Labor Regulations, coordinate their provisions with other corresponding contracts and documents in the company.

Often at an enterprise (especially for individual entrepreneurs) different documents contain different information about the working hours and the procedure for remuneration. Employment contracts establish one mode of working hours and dates for the payment of salaries, others in the Internal Regulations, the work schedule has its own mode of working hours, and the Regulations on Remuneration and Bonuses have their own salary dates and payroll criteria that differ from the staffing table and from employment contracts.

There are a number of problematic issues that have not been resolved by the legislator in the field of regulation of labor discipline and the content of the Internal Labor Regulations. Let's touch on some.

For example, in the Internal Labor Regulations of the company Sh., a requirement for business ethics at work was established, and it was spelled out what to consider as a violation of business ethics (talking in obscene words was one of such violations). When one of the employees was reprimanded for swearing, the labor inspector considered it illegal, because he considered it unacceptable to recognize the duty to observe business ethics as a work duty, and recommended that, during especially expressive outbursts of foul language on the part of employees, call the police and hand over the perpetrators for petty hooliganism. The inspector referred to Art. 192 of the Labor Code of the Russian Federation, according to which a disciplinary sanction can be applied for violation of labor duties. But the lawyers of the Employer's company categorically disagreed with the opinion of the inspector and considered that the duty to observe business ethics is precisely a labor duty, in today's market conditions.

Another case. The director quarreled with the sales manager and while looking for a reason to fire the manager, the latter called the company's clients and said: “Our company is in financial difficulties now, so we are calling our old clients, offering to buy such and such goods from us so that we can increase income” and in that spirit. First, she created a very negative reputation for her employer. Who wants to work with bankrupts? Secondly, the company traded goods with a warranty period. Therefore, those who even wanted to purchase these goods abandoned the idea for a long time, because in the event of the ruin of the seller, they lost hope for warranty service. How to deal with such employees? Civil liability for damage to business reputation is established in the Civil Code. In the case under consideration, the employer did not sue under these articles, because he did not want clients and partners to find out how he could not cope with his employees. And the Labor Code of the Russian Federation does not establish a direct possibility to dismiss and apply a disciplinary sanction for such cases. After the incident with the employee, the director decided to include in the Internal Regulations a rule on the obligation of the employee not to disseminate discrediting and false, completely or partially unreliable information about the employer, information that harms the business reputation of the employer. For violation of this obligation, according to the Rules, a disciplinary sanction could be applied to the employee, up to and including dismissal. Interestingly, when checking this paragraph of the Rules, labor inspectors did not express any claims, considering the named duty to be labor. It is possible that another inspector, judge or lawyer would have a different opinion on this matter.

More examples - on topical issues of clothing at work. The office manager - the face of the company - with the onset of summer begins to go to work in a completely transparent blouse and tight-fitting breeches or shorts, while, according to the Internal Labor Regulations, she must come to work in business clothes, "a business suit consists of a skirt not above the knee straight cut and blouses. Shoes must be closed toe with low heels. Sheer and translucent clothing, denim and sportswear, tight-fitting blouses and trousers are excluded ... ". If, under such Rules, an office manager is reprimanded, and in case of a repeated violation, dismissed, then how likely is the danger that the labor inspector or judge will consider this disciplinary action illegal due to the non-recognition of the obligation to wear business work clothes.

A similar option is when the Internal Labor Regulations impose on employees the obligation to wear branded clothing (waiters, sellers, hairdressers, dry cleaners). Can this be considered a job?

We can state that “labor obligation” is an evaluative concept. And among specialists, both in theory and in practice, today there is no unanimity about which duties can be attributed to labor, and which cannot. The legislator should answer this question in the near future, and taking into account modern market conditions, in order to stop the non-uniform application and interpretation of the labor law. At present, there is an explanation by the Plenum of the Supreme Court (resolution No. 2 of March 17, 2004), according to which a labor obligation should be considered a violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules and so on. (item 35). And from this clarification, we can conclude that almost every duty established in the listed documents should be considered labor. At the same time, we note that the resolutions of the Plenum of the Supreme Court are of an explanatory and recommendatory nature, they are not absolutely mandatory for application, unlike laws.

The decision of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 on this matter states the following:

Approval, amendment of the Internal Labor Regulations.

Acquaintance with the Internal Labor Regulations.

The developed draft of the Internal Labor Regulations is coordinated with the legal department, the personnel department and other employees and structural divisions, at the discretion of the management.

The employer is obliged to familiarize each employee with the internal labor regulations against receipt when hiring.

If a new version of the Rules has been developed, then it is hardly possible to require the employee to sign and comply with the new norms immediately. The fact is that the Internal Regulations, along with the employment contract (for example, in the case of detailing the latter), regulate the essential terms of the employment contract with the employee. And it is possible to change the essential terms of employment contracts only in the manner prescribed by law (Article 73 of the Labor Code of the Russian Federation), subject to notification of employees two months before their introduction. If the innovations concern non-essential conditions, then, I think, apply the article of Art. 73 and there is no need to wait two months.

Legal newspaper for business "COMPANY STRATEGY"

HR and Labor Law

Sometimes an error can even creep into a document such as PWTR. To avoid sanctions from the GIT, learn from the mistakes of others.

From this article you will learn:

Internal labor regulations

Article 189 of the Labor Code of the Russian Federation indicates that the labor schedule at the enterprise should be determined by the internal labor regulations (PWTR). The definition of this concept is also introduced by this article, according to which the specified term is a local regulatory document that regulates the most important aspects company work. As this section of the Labor Code indicates, the PWTR should include:

the procedure for concluding and terminating labor relations with employees of the enterprise;

key characteristics of these relationships, including the rights, obligations and scope of responsibility of all parties;

the ratio of work and rest modes in the organization;

the company's system of penalties and incentives applied to employees;

other aspects of the implementation of labor functions by employees of this organization, which the employer considers essential.

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Development of PWTR

The basis for the formation of internal labor regulations in the company, as a rule, is Section VIII of the Labor Code of the Russian Federation, dedicated to the issues of labor discipline and labor regulations. In addition, when developing other sections of the PWTR, for example, those devoted to the rights and obligations of the employer and employees, the relevant sections of the Labor Code should be taken into account.

Note! It is expedient to draw up a PVTR using the provisions State standard RF GOST R 6.30-2003. However, this requirement is not mandatory.

The answer to the question of who develops the internal labor regulations usually involves a reference to the employees of the legal department or to one of the first persons of the organization - for example, the deputy general director. However, if it is impossible to independently resolve this issue by the company's personnel, the authority to develop internal labor regulations can be transferred to an outside lawyer.

PVTR approval

In accordance with the generally accepted procedure, PWTR are approved by the employer by issuing an appropriate order. At the same time, the question of who approves the internal labor regulations is not as trivial as it might seem: the answer to it depends on what exactly is indicated on this occasion in the company's constituent documents - for example, it can be the general director or the general meeting of participants . If the rules are not approved properly, they may be invalidated.

In addition to the standard details that are used in each document issued by the organization, the approval order must indicate the procedure for bringing the content of the rules to all employees of the company and indicate the persons responsible for this process. From the date indicated in order, the rules will come into effect and become binding on all members of the workforce. If the company has a letterhead, it is advisable to prepare an edition of the rules using it.

Note! Often the rules are an annex to the collective agreement, but they can also be drawn up as a separate document.

At the same time, Article 190 of the Labor Code of the Russian Federation requires that if a company has a trade union organization, the internal labor regulations must be agreed with it in the manner prescribed by law (Article 373 of the Labor Code of the Russian Federation). In addition, the documentation approval system in place in the organization may involve additional stages of approval. For example, if the list of persons who approve the internal labor regulations of the organization includes the heads of the legal service, the personnel department and other departments of the enterprise. After carrying out all the procedures related to the approval of the internal labor regulations, it is necessary to familiarize all members of the organization's team with the contents of the document against signature.

Note! In the event that the company does not have a trade union organization, it is necessary to put a note on the internal labor regulations indicating this, indicating the appropriate date.

PVTR: sample document

Despite the presence general requirements to the content of the internal regulations in Art. 189 of the Labor Code of the Russian Federation, in the current legislation there are no indications of the strict form of the PVTR form. A sample of this document, therefore, is formed by the organization independently, and to a large extent its content depends on the specifics of the company's work and the characteristics of the work and rest regimes of employees.

As a rule, subject to the provisions of art. 189 of the Labor Code of the Russian Federation, most companies include the following sections in the PVTR, the expediency of which is confirmed by extensive personnel practice:

general provisions concerning the procedure for the application of internal regulations;
the rights, duties and responsibilities of the employer;
rights, duties and responsibilities of the employee;
implementation regulations various types personnel procedures;
the ratio of work and rest regimes, indicating the specific time limits of the working day, working week, lunch break, weekends and holidays;
parameters of the system of rewards operating at the enterprise.

Nevertheless, the above list is a kind of basic minimum, which in practice is usually supplemented by other provisions that reflect the specifics of the work activity of the company's employees:

the procedure for applying the summarized accounting of working time or other special modes of labor activity;

rules for familiarization with the modes of work and rest adopted at the enterprise;

the procedure for sending employees on a business trip and working conditions on it, as well as payment for such work;

the mode of providing special breaks, for example, for heating or rest;

a description of the procedure for carrying out labor activities in other special situations and circumstances that take place in connection with the peculiarities of the production process in the organization.

Note! If special regimes of work and rest or other special conditions apply only to certain categories of workers, the complete list relevant positions.

Prohibited provisions of the PWTR that are contrary to law

According to Article 8 of the Labor Code of the Russian Federation, labor regulations, like other local regulatory documents of the organization, should not lead to a deterioration in the position of employees in comparison with the conditions directly provided for by the current Labor Code and other documents regulating this area. If such provisions were provided for in the labor regulations by the internal labor regulations, they will be declared invalid.

As the practice of conducting inspections by labor inspectorates shows, among the most common provisions of the PWTR that are in conflict with the law, the following can be listed:

the absence in the rules of the sections provided for by Art. 189 of the Labor Code of the Russian Federation as mandatory;
the establishment of illegal types of penalties for committed violations of labor duties in addition to those provided for in Art. 192 of the Labor Code of the Russian Federation;
requesting from an employee during employment additional documents not provided for by Article 65 of the Labor Code of the Russian Federation, including documents confirming the absence of a criminal record for cases when their provision is not a prerequisite for employment in a specific position;
establishment of a ban on additional labor activity in another organization, even in free time time ;
lack of indications of the ratio of work and rest regimes for employees or violation of the norms established by law, including insufficient vacation time, unprescribed time limits working day And so on;
other violations of applicable labor law requirements.

Note! Improving the working conditions of employees in comparison with the legally established standards is allowed, that is, it is not considered a violation.

Responsibility for violations in the application of PWTR

The application of internal labor regulations involves the involvement of both parties in this process - both the employee and the employer. Accordingly, both of them, in case of violation of the requirements imposed on him in connection with the action of the PWTR, can be held liable to the extent established by the relevant section of the current legislation.

Responsibility of the employer for violations in the application of PWTR

Practice shows that one of the most common violations in the development of internal labor regulations is their complete absence. This situation is associated with an incorrect interpretation of the provisions of Art. 189 of the Labor Code of the Russian Federation, which, as managers of small enterprises often believe, does not provide for the mandatory development of this document.

However, in reality this opinion is erroneous. Absence of internal labor regulations, which are approved directly CEO organizations, as well as other violations in their preparation and approval, for example, failure to provide employees with the opportunity to familiarize themselves with their content, when checked by the State Labor Inspectorate, can be regarded as a violation of the law under Art. 5.27 of the Code of Administrative Offenses. The specified section of the legislation provides for the possibility of imposing a fine on the organization in the amount of 30 to 50 thousand rubles.

Responsibility of an employee for violation of the PWTR

Article 56 of the Labor Code of the Russian Federation establishes that the performance by the employee of the labor functions entrusted to him must be carried out within the framework of the internal labor regulations in force at the enterprise. Thus, in this regard, the employee does not have the right to choose, that is, he is obliged to comply with the approved PWTR in full. Accordingly, in case of non-compliance with these rules, the employer has the right to apply in relation to the employee who committed such a violation, one of the types of disciplinary sanctions provided for in Article 192 of the Labor Code of the Russian Federation. Depending on the severity of such a violation, the penalty may take the form of a reprimand, reprimand, or dismissal from work.

Thus, the internal labor regulations are one of the most important company documents that regulate the vertical and horizontal relationships established between the employer and his employees. Therefore, their development must be taken with all responsibility, understanding its importance primarily for the organization itself, and not for the inspection bodies, and avoiding an overly formalized approach.

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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 Labor Code RF “Basic rights and obligations of an employee:

“The employee must:

conscientiously fulfill their labor duties assigned to him by the employment contract;

observe the rules of internal labor regulations;

observe labor discipline;

fulfill established norms labor;

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;
forgery 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

“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 may 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.

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