Production discipline, internal labor regulations - what are we talking about? According to Art. 189 Labor Code of the Russian Federation, labor discipline is a set of rules of conduct at an enterprise, defined in accordance with the Labor Code of the Russian Federation, local acts of the organization, an employment contract and other regulatory documents. The rules of labor behavior are the normative basis of the internal labor regulations of the organization. It must be followed by all employees without exception.

Labor discipline: duties of employees and employers

When hiring, the employer must, under signature, familiarize the employee with and with the contract. These documents discuss the rules of labor discipline adopted at the enterprise, and also indicate official duties and basic functions of the employee. By signing these documents, the newcomer confirms that he undertakes to follow them. Only then can the manager insist on compliance with the requirements specified in them.

In turn, the employer is obliged to organize the work of employees and pay for it in a timely manner, create the conditions necessary for employees to comply with production discipline, ensure safety at the enterprise, etc.

Consequences of disciplinary violations

In this section, we will consider in detail what it says about the violation of labor discipline of the Labor Code of the Russian Federation. Art. 192 Labor Code of the Russian Federation states: for violation of labor discipline, an employee can be applied. The measure of influence is determined by the employer according to the severity of the misconduct. As a punishment, you can apply:

• comment;
• rebuke;
• dismissal.

These penalties can be applied to all employees. But employers can also use other measures of influence provided for by law for certain categories of workers.

In the case when the violation committed by the employee did not entail serious consequences, the employer can get by with a remark or announce a reprimand.

How is a violation filed?

The employer must follow the procedure documentation violations and pay close attention to deadlines. Otherwise, the punishment may be challenged in court.

An order for a disciplinary sanction may be issued no later than one month from the day the misconduct was discovered and no later than six months from the day it was committed. Please note that this time does not include periods during which the employee was absent from the workplace for good reasons - see Art. 193 Labor Code of the Russian Federation.

1. When applying for a job, a citizen must, under his signature, familiarize himself with the rules of labor discipline at the enterprise.
2. The fault must be the fault of the subordinate.
3. The fact of violation must be documented with the help of an act, which is drawn up in the presence of two witnesses and signed by them.
4. The director is obliged to demand an explanatory note from the employee, which he must provide within two days. In case of refusal to give explanations, an appropriate act should be drawn up.
5. With the order to punish the employee must be familiarized under the signature. This must be done no later than three working days from the date of its publication. In case of refusal to sign the document, this fact should be reflected in the act.

Penalties imposed in the form of a remark or reprimand are valid for exactly one year from the date of their issuance. In some cases, at the discretion of the employer,

The key to the stability of the work process and the function of the regulator in resolving controversial issues is performed by labor discipline. The psychological situation both within the team and interaction at the employee-subordinate level, responsibility in case of violations is regulated as internal regulations, so at the level of legislation.

Process organization level labor activity at the enterprise determines income indicators and the ability to solve tasks therefore, special attention is paid to the issues of responsibility for violations of discipline during the period of work.

What is labor discipline

Every business operates as complex but well-adjusted mechanism, the success of which directly depends on each employee.

The concept of labor discipline includes a set of rules established in the organization, which all employees, including managers, must comply with and adhere to. This includes norms corporate ethics, inalienable safety rules in terms of labor protection, as well as rules and conditions of internal regulations.

Is there a definition in laws/by-laws

According to Art. 189 of the Labor Code of the Russian Federation, the following meaning is embedded in the definition of labor discipline: a list of the employee's job responsibilities, according to which he is in the mode of subordination to the requirements and rules of conduct established in accordance with the orders and conditions in force in the organization.

What documents contain provisions

In every organization, the rules of conduct are regulated nearby normative documents , on the basis of which the head of the organization exercises control over the work process and takes measures of punishment for non-compliance with labor requirements.

These standards include:

1. Labor Code- the primary regulator in the field of work, which defines the main duties and functions of both parties, on the basis of which the employee and the employer build their relationship.
2. Collective agreement. Establishes all sorts of options for resolving controversial issues and emerging aspects in the course of interaction between the team and the leadership.
3. Inner order rules. A local standard that regulates and organizes the rules for maintaining discipline at the level of a single organization.
4. Instructions for each position. Requirements imposed in connection with professional tasks, according to the functional cards that are in force at the enterprise.
5. Certain labor agreements with company employees.
6. Additional Instructions, where it is prescribed, based on the characteristics of the organization's activities, interaction and resolution on individual issues.

Is it required to include in local acts

Labor discipline is an integral part of the schedule of labor activities, and therefore is determined by the internal regulations - PWTR - internal labor regulations. The law does not oblige the employer to specifically accept documents based on discipline norms, however, it does not establish a ban on the implementation of such provisions of the Labor Code.

Regulations of local application cover only labor Relations within a particular organization Therefore, their actions are limited and apply exclusively to a specific team. This document should not contradict the current TC, but only introduce a clarifying aspect, taking into account internal features, thus concretizing the bases specified in the high-level regulations.

What is meant by infringement

Violation, in other words, non-compliance (non-fulfillment) by an employee of certain job duties is embedded in the concept of "violation of labor discipline".

At the same time, among the most common, which are most often found and are indicative, one can single out the following examples of disciplinary violations:

1. An employee for a long period (more than 4 hours), while without good reason was not at work. There is no health certificate or a note explaining the motives and reasons for such behavior.
2. The employee refuses to undergo scheduled health examinations (medical examination), scheduled (unscheduled) prof. briefing, which is the basis for not allowing him to perform official duties.
3. The employee refuses to sign a document on full liability, at the same time, without explaining the reasons and grounds for such an act, despite the fact that the position he holds provides for such an obligation.

The employee’s failure to perform actions that are not specified in the agreement between the employee and the employer, and therefore are not included in the scope of his job responsibilities, cannot be a reason for dismissal.

Types (regime, managerial, technological)

In case of non-compliance by an employee with the labor norms and rules established in the organization, the management is obliged to carry out a set of measures in order to establish the main factors and grounds for what happened. Among the violations, having determined the common features of the species, one can single out three main groups:

• regime: non-observance (ignoring) of the schedule - violation of the regime of work and rest (lateness, absenteeism, processing);
• managerial: irrational activity of the administrative apparatus (violation of established norms of subordination, errors in coordination and inefficiency in the use of human resources);
• technological: there is no control over the quality of products, technical condition equipment (marriage, non-compliance with standards).

Disciplinary action + warning

For failure to fully fulfill the assigned duties, according to the position held, the manager in relation to the employee, as a punishment for violations of discipline at work, has the right to apply a number of disciplinary sanctions.

Art. 192 of the Labor Code of the Russian Federation determines the following three types of punishment for violation of the rules of organizational discipline:

1. Comment. It is applied for a small misconduct (negligence, disobedience), pursues an educational goal. The main task is to prevent the occurrence of new violations of discipline in the future.
2. Rebuke. Appointed for non-fulfillment or evasion of duties according to the position held. Most often used for absenteeism, humiliation of colleagues, fights, and other unacceptable behavior.
3. Dismissal. It is used for repeated (systematic) violations of discipline, in the presence of an already existing order of the head on disciplinary action. Reasons: absenteeism, coming to work in alcoholic or other intoxication, transfer or disclosure of confidential information, theft (embezzlement) of valuables, if the fact is proven in court.

One of the methods of strengthening the discipline of the staff is the prevention of facts inappropriate behavior employees of the team, increasing the motivational incentive in the results of their activities.

To such effective mechanisms can be attributed:

1. Belief. An effective argument, the task of which is to arouse the employee's interest in quality and conscientious performance responsibilities. Based on psychological aspects through the introduction and transfer of best practices, employee involvement in cultural and social life.
2. promotion. As a recognition of the achievements of an employee, the manager has the right to present him for the presentation of an award (medal, diploma). Methods of remuneration for productivity growth, flawless work, improvement and implementation of advanced technologies are defined in the agreement, the charter of the enterprise, collective agreement. As a material incentive, employees are given bonuses or gifts, the manager announces gratitude.
3. Compulsion. It is built on the methods of disciplinary action, with the aim of forcing an employee to carry out his activities even against his will, through remarks, reprimands and, in extreme cases, dismissal. In addition, an employee may be deprived of a bonus or receive a vacation at a different time of the year than he planned.

Deprecation (in what areas it is applied)

In addition to the “standard” disciplinary sanctions, the Labor Code allows the employer to apply other types of punishments to the employee.

This is possible if such measures are prescribed in local acts or other standards of the enterprise (charter), as well as fixed at the federal level for such categories as civil servants, employees law enforcement and etc.

Bonus deduction is another mechanism for punishing an employee and is used as measures of influence for non-compliance with working hours and non-fulfillment of labor duties. De-bonding an employee means reducing the amount of established bonus payments or completely depriving such an incentive.

This is a quite fair punishment, since the bonus is component the employee's income, which means that it is the same remuneration for the work of the worker as the salary. Therefore, if an employee has not fulfilled the clauses of the signed contract and job duties in accordance with the instructions, then the bonus for labor efficiency is not assigned to him.

Is there a penalty

The concept of "fine" is used only as a punishment for misconduct in the form of monetary contributions to the state. In TK, such a designation not fixed. Therefore, this kind of penalty for violations of labor and non-compliance with discipline cannot be applied to an employee, since this is not legal.

The employer does not have the right to indicate disciplinary measures, such as a fine, in local acts, since this in itself is a fact of violation of labor standards and a subject for initiating administrative proceedings.

Are they included in the work book

Legislation in the field of labor does not allow the introduction of work book information regarding disciplinary measures that were applied in connection with the misconduct of the employee.

In this document, in addition to information about the employee, his movements (transfers) within the enterprise, rewards for the results of work, as well as the grounds that served as the reason for terminating the contract. The exception is happening if the dismissal acts as a disciplinary measure.

Is it possible to hold remote employees and part-time employees liable?

In relation to remote employees or part-time employees with whom an agreement was concluded, certified electronic signature, can be applied similar measures responsibilities similar to those that apply to ordinary employees of the organization. The legislator has not allocated any relief for this category of employees in terms of penalties for violations committed during the working period.

Employees who have been hired to work remotely perform their duties in accordance with contract and current instructions. The reason for their dismissal is the grounds that were defined and specified in the agreement, therefore, disciplinary sanctions for violations and dishonest work are applied to them by analogy with employees who perform their duties on the territory of the employer.

Labor discipline at the enterprise requires not only compliance, but also competent organization, therefore it is extremely important to analyze each identified violation in detail in order to further analyze the current situation and apply an adequate sanction.

Additional information is on the video.

Labor Code, N 197-FZ | Art. 192 Labor Code of the Russian Federation

Article 192 of the Labor Code of the Russian Federation. Disciplinary sanctions(current edition)

For committing a disciplinary offense, that is, non-fulfillment or improper fulfillment by the employee through his fault of the tasks assigned to him job duties, the employer has the right to apply the following disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal on appropriate grounds.

Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) for certain categories employees may also be subject to other 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 part one 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 part one of Article 81 of this of the Code in cases where guilty actions that give grounds for loss of confidence, or, accordingly, an immoral offense are committed by an employee at the place of work and in connection with the performance of his job duties.

It is not allowed to apply disciplinary sanctions that are not provided for federal laws statutes and regulations on discipline.

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

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Commentary on Art. 192 Labor Code of the Russian Federation

1. The commented article defines a disciplinary offense and provides for the types of disciplinary sanctions that an employer has the right to apply to an employee who has committed a disciplinary offense.

In accordance with part 1 of this article, a disciplinary offense is understood as a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him. As can be seen from the above definition, a disciplinary offense can be considered a failure to perform or improper performance by an employee of precisely labor duties. In this regard, it cannot be considered a disciplinary offense, for example, refusal to carry out a public assignment, violation of the rules of conduct in public places.

Failure to perform or improper performance of labor duties, i.e. a disciplinary offense, a violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, technical rules, non-fulfillment or improper fulfillment of orders and orders of the head, etc.

As provided for in the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2, a disciplinary offense is considered, in particular:

The absence of an employee without good reason at work or workplace. At the same time, it must be borne in mind that if the employment contract concluded with the employee, or the local regulatory act of the employer (order, schedule, etc.) workplace this employee, then in the event of a dispute over the question of where the employee is required to be in the performance of his labor duties, it should be assumed that, by virtue of Part 6 of Art. 209 of the Labor Code, the workplace is the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (clause 35);

The refusal of an employee without good reason to perform labor duties in connection with a change in the established procedure for labor standards (Article 162 of the Labor Code), because by virtue of the employment contract, the employee is obliged to perform the labor function determined by this contract, to comply with the internal labor regulations in force in the organization (Article 56 of the Labor Code). At the same time, the refusal to continue work in connection with a change in the terms of the employment contract stipulated by the parties is not a violation of labor discipline, but serves as a basis for terminating the employment contract under paragraph 7 of Art. 77 of the Labor Code, in compliance with the procedure provided for by Art. 74 of the Labor Code (clause 35);

Refusal or evasion without good reason from medical examination of workers of certain professions, as well as the refusal of an employee to pass work time special training and passing exams on labor protection, safety precautions and operating rules, if this is a prerequisite for admission to work (clause 35);

Refusal of the employee to conclude an agreement on full liability, if the performance of service duties material assets is the main labor function of the employee, which is agreed upon when hiring, and in accordance with the law, such an agreement can be concluded with him, which the employee knew about (clause 36);

An employee's refusal (regardless of the reason) to comply with the employer's order to return to work before the end of the vacation cannot be considered a violation of labor discipline (clause 37).

A disciplinary offense is a guilty failure to perform or improper performance by an employee of labor duties.

Failure to perform or improper performance of labor duties is recognized as guilty if the employee acted intentionally or through negligence.

Intentional guilt involves a certain volitional decision (action or inaction) aimed at violating the established rules of conduct. Negligence as a form of guilt occurs when the employee does not foresee the consequences of his unlawful act, although he should have foreseen them, or when he foresees such consequences, but frivolously hopes to prevent them.

Disciplinary liability is possible for any form of guilt. At the same time, failure to perform or improper performance of duties for reasons beyond the control of the employee (for example, due to lack of necessary materials, due to insufficient qualifications of the employee, due to his illness).

The actions of an employee committed by him in accordance with laws and other regulations. For example, the employee's refusal to transfer to another job in cases where such a transfer is allowed only with the consent of the employee, or the employee's refusal to comply with the order to return to work before the end of the vacation, because. the law does not provide for the right of the employer to prematurely recall employees from vacation without their consent, etc.

It is not a disciplinary offense and the employee's refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, except as provided by federal laws, until such danger is eliminated or from performing heavy work and work with harmful and (or) hazardous working conditions not provided for by the employment contract. Since the Labor Code does not contain norms prohibiting an employee from exercising this right even when the performance of such work is caused by a transfer on the grounds specified in Art. 72.2 of the Labor Code, the employee's refusal to temporary transfer for another job in accordance with Art. 72.2 of the Labor Code for the above reasons is justified (clause 19 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2).

2. For committing disciplinary offenses, the employer has the right to apply the following penalties to employees: reprimand, reprimand, dismissal on the grounds provided for by the relevant paragraphs of Part 1 of Art. 81 of the Labor Code, namely: 192 of the Labor Code Russian Federation came to the conclusion that when deciding on the dismissal of Martizanova H.The. according to paragraph 7 of part 1 of article 81 of the Labor Code of the Russian Federation, the defendant did not take into account the severity of the disciplinary offense committed by her, the circumstances under which it was committed, as well as the fact of the presence or absence in the actions of N.V. Martizanova of signs that make up the content of a corruption disciplinary offense ...

Decision of the Supreme Court: Determination N 59-KG16-22, Judicial Collegium for Civil Cases, cassation

Reversing the decision of the court of first instance and satisfying the claims Ryabtseva Oh.M. in this part, the Court of Appeal with reference to Article 192 of the Labor Code of the Russian Federation came to the conclusion that when deciding on the dismissal of Ryabtseva Oh.M. under paragraph 7 of Part 1 of Article 81 of the Labor Code of the Russian Federation, the defendant did not take into account the gravity of the disciplinary offense committed by her, the circumstances under which it was committed, as well as the fact of the presence or absence in the actions of Ryabtseva Oh.M. signs that make up the content of a corrupt disciplinary offense ...

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In most cases, dismissal is carried out in connection with own desire employee or by agreement of the parties.

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However, in some situations, the initiator in this process can also become. These include dismissal for violation of labor discipline. But in order for this to be possible, there must be strong reasons.

Foundations

The legislation allows the employer to unilaterally terminate the employment contract with the employee.

The main condition for this is the existence of grounds, supported by evidence.

So, the following actions of an employee can serve as a reason for dismissal in this form:

• crimes committed within the enterprise;
• causing property damage to the company;
• being intoxicated at the workplace;
• single or systematic violation of the terms of the employment contract;
• disclosure trade secret;
• indecent behavior at work;
• or absence for more than three consecutive hours during working hours.

Also, dismissal can occur if disciplinary sanctions have already been carried out against the employee, and he was also warned about the dismissal.

In cases where an employee violates discipline, the employer is obliged to record his act in the form of an act.

Such a document is drawn up in two copies, one of which must be given to the employee. Witnesses must also be present when it is drawn up.

Law

Like other reasons for dismissal, termination on the basis of a violation of discipline by an employee is regulated by the Labor Code of the Russian Federation.

In this situation, the main document must be accepted.

It describes in detail the situations in which the employer retains the right to dismiss an employee.

Dismissal for violation of labor discipline

Dismissal for violation of labor discipline can be carried out in different ways, it all depends on many factors.

These include the severity of violations and their number (if there are several).

Repeated (systematic)

Termination of the employment contract may not be carried out immediately. In case of minor violations, the employee still has a chance to stay in his place.

However, if the actions begin to be systematic, then the employer has the right to dismiss him for repeated violation of labor discipline.

However, if the parties have a good relationship- then the employer can take the initiative in drawing up an agreement.

In this case, he will be able to dismiss an employee with certain conditions without spoiling his work book.

Rough

In the event of a gross violation, dismissal should be immediate. In this case, the employer has the right to terminate the contract as a matter of urgency. This means that an employee can be fired without working off.

This process takes only a few days.

Disciplinary sanctions

As mentioned earlier, with minor violations, the employee may remain at his workplace. The fact is that dismissal is not the only way of punishment and is considered its highest measure.

Less drastic disciplinary action can bring the least harm to an employee.

These include remarks and remarks. Like dismissal, other types of penalties can only be imposed by the head of the organization.

He also has the right to demand that the violator draw up a note, which should contain an explanation of the employee's act.

At the time of sentencing, the employer must clarify the severity of the act committed by the employee.

It is also necessary to indicate the attitude of the employee to his duties and the circumstances under which the incident occurred.

Registration procedure

Before starting an employee, the employer must collect all Required documents, the list of which includes an official investigation, as well as an explanatory note from the employee himself. After that, you can start the process itself.

Its course is somewhat different from the usual scheme:

1. It is necessary to draw up a written notice of dismissal, which must be sent to the employee in order to inform him.
2. Further, it is drawn up, the basis for which will be papers proving the existence of a violation.
3. Preparations are underway for the day of dismissal: paperwork is collected, an entry is made in the work book, payments are calculated.
4. The process ends on the day of dismissal, when the employee receives the documents and the documents assigned to him. After that, the employment contract is considered officially terminated.

The documents

When dismissed due to a violation of discipline, a significant role is played by documents drawn up during this process. If they are incorrectly drawn up, the employee may have a chance to file a lawsuit in order to annul the decision of the management.

Part of necessary papers must be drawn up prior to termination of the contract. Usually they are compiled during an official investigation.

During the very process of dismissal, the order and the work book are of the greatest importance.

Order

To draw up a dismissal order, there is unified form"T-8".

There is also its analogue for terminating the contract with several employees at once - "T-8a". However, the latter is rarely used in cases of dismissal due to violations.

A well-written document should include:

• information about the organization;
• date of compilation and own number;
• information about the employee;
• dates of conclusion and expiration of the employment contract;
• grounds for dismissal and the corresponding paragraph of the article;
• footnotes to documents confirming the violation;
• signatures from both sides of the incident.

Entry in the work book

An important aspect is and, entered in the employee's work book. Its content must fully comply with what is indicated in the order as a basis. It must also contain an identical article.

To certify the entry, the round seal of the company and the signature of the person who entered it in the work book are used.

In addition to the entry itself, the document must contain the number when it was issued, corresponding to the day of dismissal.

The employee must familiarize himself with the content of the entered data, and, if he agrees with them, affix his signature.

Payouts

Despite the fact that dismissal is considered the highest measure of disciplinary action, when it is committed, the employer is still obliged to provide the employee with the payments due to him.

These include:

• full amount wages for the days worked since the start of the last accrual;
• for unused vacation days.

In 2019, the employer does not have the right to deprive an employee of his payments, even in the event of damage to the organization. However, the law does not prohibit him from going to court with a claim for damages.

Arbitrage practice

You can also file a claim after the dismissal of the employee, but in this case, papers on which the violation was recorded must be provided as evidence.

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;
• 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 also indicate other duties of employees related to the specifics of the work of each organization. These include: observance of 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 fulfill obligations or fulfill them incompletely;
• 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 a duty. 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 requirements, 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 familiarized 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

“Labor 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 deems this insufficient reason, he may initiate disciplinary proceedings with the participation of 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 result, for example, in failure to comply with one’s official duties warehouse manager Petrov V.V., which resulted in 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 labor law RF.