When a medical worker has disciplinary responsibility. Violation of labor discipline

Is it possible to take disciplinary action? health worker for leaving the office open if this resulted in the theft of the monitor from this office by the patient during the period when the medical worker left for analysis. At the same time, the job description contains the item “Economically, rationally uses and preserves material values and resources"

Answer

Yes , possibly if official duties The employee is responsible for closing the office in his absence. This is explained by the fact that a disciplinary offense is a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him (Labor Code of the Russian Federation).

The specified paragraph of the job description is general, which only says that the employee must not intentionally break chairs, use more ink than he needs for work, etc.

The rationale for this position is given below in the materials of the "Personnel System" .

« Types of penalties

What types of disciplinary sanctions can an employer apply to an employee?

General approach to imposing a penalty

How to determine the type of disciplinary sanction for a misconduct committed by an employee

Disciplinary action should be fair. For example, the dismissal of an employee for a single lateness to work (for a good reason or in the absence of a workplace for less than four hours in a row without good reasons) will be regarded as a dismissal that is not commensurate with the gravity of the misconduct. In this case, the employee can be reprimanded or reprimanded. In addition, the penalty is a right, not an obligation of the employer. The organization may not punish the employee, taking into account his good previous work, personal circumstances, etc. This follows from the provisions of article 192 Labor Code RF.

Are not disciplinary offenses:

refusal of an employee to perform work that is dangerous to his life or health ();

refusal of an employee to perform heavy or harmful work();

participation in a strike (with the exception of cases of non-fulfillment by employees of the obligation to stop an illegal strike) (, Labor Code of the Russian Federation).

For one disciplinary offense, only one punishment () can be assigned.

Attention: when punishing an employee for improper performance of labor duties, please note that these duties must really be assigned to him and enshrined in an employment contract, job description, etc. ().

Otherwise, the employee may appeal the disciplinary sanction, citing the fact that the scope of his work duties did not include work that he allegedly did not perform. The legitimacy of this position is also confirmed by the courts (see, for example, appeal rulings).

Identification of violation

What documents to document the fact that an employee committed a disciplinary offense

The procedure for imposing a disciplinary sanction is provided for in the Labor Code of the Russian Federation. Before imposing a disciplinary sanction, it is necessary to document the very fact of violation of labor discipline.

To confirm the absence of an employee at work, make a mark in the time sheet in the form or (used for automated data processing), approved, or in a self-developed form.

In the event that the reason for the absence of an employee at the workplace is unknown, put the letter code "НН" in the report card. If in the future the employee submits documents confirming the illness, or the fact of absenteeism is recognized, the report card needs to be clarified. In it, correct the letter code “NN” to the code “B” - temporary disability (illness) or “PR” - absenteeism (absence from the workplace without good reason). Symbols of appearances and absences are given on the title side of the time sheet according to the approved. If the organization uses a self-approved time sheet form, then the necessary conventions she can also approve herself.

If we are talking about non-fulfillment of labor duties, evidence of the employee’s unsatisfactory work will be needed - customer complaints, work plans and schedules, terms of reference, etc. Such confirmation can be a memo from the immediate supervisor and (or) an act drawn up in the presence of two or more witnesses .

An example of drawing up an act of disciplinary offense

Worker AI Ivanov appeared at the workplace in a state of intoxication. A disciplinary act was drawn up.

Is it obligatory to create a commission to investigate a disciplinary offense?

The answer to this question depends on the type of organization.

AT commercial organizations labor law does not require an internal investigation to bring an employee to disciplinary liability. It is only necessary to comply with the procedure for imposing a disciplinary sanction provided by law ().

At the same time, the employer in the local regulatory act has the right to establish a more detailed procedure for bringing to disciplinary responsibility by conducting an investigation with the formation of a special commission. The composition of the commission for the investigation is determined by the employer independently. As a rule, it consists of an odd number of people (at least three). The chairman of the commission can be, for example, the head of the security service, the personnel department or the head of the organization himself. The personal composition and number of members of the commission responsible for the timely and correct conduct of the investigation is determined by the order on its conduct. At the same time, it is possible to issue an order on the personal composition of the commission to conduct an investigation in relation to a specific case of violation of labor discipline, or it is possible to approve the composition of the commission for a certain period. The procedure for approving the composition of the commission, as well as the regulations for its work, should be prescribed in a local regulatory act, for example, the Regulations on the procedure for applying disciplinary sanctions. Such conclusions follow from the totality of the provisions of the articles of the Labor Code of the Russian Federation.

If there is a fixed in local act procedure for conducting investigations into violations of labor discipline with the creation of a commission, Law No. 79-FZ of July 27, 2004, when committing a misdemeanor, it is required to conduct an internal check against a civil servant. Conducting an internal audit is entrusted to the unit government agency for questions public service and personnel with the participation of the legal (legal) division and the elected trade union body. At the same time, not any member of the trade union can act as a trade union representative (trustee), but a person authorized to represent by the charter of the trade union, union (association) of trade unions, the regulation on the primary trade union organization or the decision of the trade union body ().

professional reference system for lawyers, in which you will find the answer to any, even the most difficult question.

Disciplinary responsibility of medical workers.

(based on research work)

Zhurilov N.V. - Senior Lecturer, Department of Medical Law, State Educational Institution of Higher Professional Education MMA named after. THEM. Sechenov

Maksimenko O.L.

Recently, medical law has been increasingly included in the discussion area as an emerging branch of Russian law. The need to recognize it as a structural element Russian system rights has been emphasized repeatedly and is almost beyond doubt.

The general goal, which is pursued when considering the issues of legal responsibility of healthcare workers for committing disciplinary offenses, is to create conditions for preventing the emergence of new medical offenses through comprehensive coverage. It is achieved through state coercion in restoring the rule of law and the exact application of the rule of law in determining the type of responsibility. In medicine, which deals with issues of life and health, as in no other area of public relations, aspects of responsibility must be clearly developed and identified, since offenses committed in the healthcare sector are of particular importance and cause great public outcry. For this reason, restoring the rule of law in this industry is especially important.

The socio-economic and legislative changes that have taken place in Russia recently have further confirmed the position according to which medicine and the activities of medical workers are regulated by law. At its core, the responsibility of a doctor implies a measure of the influence of the state on a person who, for one reason or another, has committed an act that contradicts the norms and rules accepted in medicine. It is important to note that, first of all, we are talking about a violation of the professional duties of a physician. In other cases, medical personnel are legally liable on a general basis.

These provisions should be key when considering issues of improving the legal literacy of medical workers. In order for medical workers to fulfill their professional duties without regard to possible legal sanctions, they need a solid knowledge of law in general and issues of legal responsibility in particular. Then the expression of the famous American cardiologist B. Lone will be considered an exception, not the rule: "When doctors are asked what worries them most, they always talk about prosecution." The key to this is clearly defined principles and rules of legal responsibility of medical workers for professional offenses.

In the Russian Federation, for a very long time, it was mainly about criminal law methods of influencing offenders in the field of medicine. Adoption of the new Civil Code of the Russian Federation, development of healthcare legislation, formation judicial practice on cases of bringing medical workers to responsibility currently indicate the existence of four fundamentally different types of liability of medical workers for the offenses committed:

Criminal;

Civil (property);

Administrative;

Disciplinary.

Consideration of administrative and disciplinary responsibility in terms of issues of legal responsibility of medical workers is justified in the connection that administrative and disciplinary offenses are negative in themselves, and create the prerequisites for the emergence of property and criminal offenses. Therefore, the disclosure of the main features of administrative and labor legislation in relation to medical offenses is necessary and relevant. Consideration in a single block of administrative and disciplinary offenses is explained by the fact that they are often combined in one medical offense. Violation of administrative law is often combined with a disciplinary violation, and in this case, the responsibility of a physician can occur both for only one type of offense, and simultaneously for several.

A feature of the functioning of domestic health care for a long time was management, which was mainly carried out through the command-administrative system. The current situation in the development of healthcare in Russia, when the legal and regulatory framework for medical activity has been created, medical law is being formed, testifies to the importance of administrative law and administrative and legal responsibility as an effective means of regulating the entire field of medical activity.

Disciplinary coercion is one of the types of state coercion and it has all the common features of this method of exercising executive power. At the same time, it has a number of features, the totality of which determines its qualitative originality as an independent variety of coercive activity. Namely:

Measures of disciplinary coercion are used most often in connection with disciplinary offenses, but can also be used to combat other violations and even immoral acts (by investigators, for example);

Disciplinary coercion is extrajudicial, it is a kind of executive and administrative activity;

The most important feature of the considered is that disciplinary coercion can be carried out only in relation to stable teams, subjects of permanent organizational ties;

The feature mentioned above determines the content of disciplinary action, which is characterized by the widespread use of moral and legal sanctions (for example, reprimands);

Disciplinary enforcement is regulated by many branches of law: labor, administrative; it is mainly regulated by legislative acts, but in some cases by government decrees and even departmental acts;

If the means of civil law and administrative coercion can be applied to both individual and collective subjects of law, then disciplinary measures are applied only to specific individuals.

Disciplinary liability is defined as the imposition of disciplinary sanctions by subjects of disciplinary power on the basis of legal norms on subordinate members of stable teams for disciplinary offenses and other offenses. It is an integral, but rather independent part of disciplinary coercion.

In general, disciplinary responsibility is characterized by the fact that

a) its basis is a disciplinary offense;

b) disciplinary sanctions are provided for such misconduct;

c) they are applied in order of subordination by authorized bodies ( officials); d) the limits of the disciplinary power of these bodies (officials) are determined by law.

The disciplinary liability of a medical worker is a private version of legal liability that occurs in the event of a violation of labor duties. It should be emphasized that we are talking about a violation of the labor duties of a medical worker. Moreover, if we consider these violations, then disciplinary liability is the least severe option, since, in accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor law and other normative legal acts containing labor law norms, are subject to disciplinary liability in the manner established by this Code, other federal laws, and are also subject to civil, administrative and criminal liability in the manner established by federal laws.

It is important to determine what exactly can constitute violations of labor laws. The answer to this question must be considered in the context of the rights and obligations of the employee to the employer.

In this regard, for non-compliance with any of the listed duties, a medical worker may be subject to disciplinary liability. Illegal is such behavior (i.e. action or inaction) of an employee that does not comply with the established rules of conduct. For example, being late for work, absenteeism, appearing at work in a state of intoxication. Equally unlawful are the refusal to execute the lawful order of the head of the healthcare institution (employer), non-compliance with the rules for working on the relevant equipment, the rules for storing potent, poisonous, narcotic drugs, etc.

Failure to perform labor duties in the absence of proper medical equipment, normal working conditions, and proper qualifications of medical personnel cannot be considered as a basis for imposing a disciplinary sanction. With a different solution to this issue, financial, organizational and many other problems of domestic health care can be shifted in terms of responsibility to individual medical workers. The international experience of disciplinary and legal regulation of medical activity is interesting. So, for example, in some foreign countries, disciplinary sanctions on medical workers are imposed by professional associations, in the charters and rules of which such functions are enshrined. As measures of disciplinary sanctions, violators are subject to a reprimand, a fine, temporary suspension from medical practice, deprivation of the right to carry out medical activities.

A feature of the legal status of medical workers regarding disciplinary responsibility is their dual status - as employees of a particular medical institution (typical relations between an employee and an employer) and as doctors by profession, i.e. persons who are obliged to provide emergency medical care anywhere. In other words, the professional responsibilities of medical workers are wider than their labor obligations performed at the place of work.

The performance of job duties requires employees to have knowledge of work procedures and methods and the services provided, the ability to work on installed equipment, etc. The training needs associated with the performance of professional (official) duties are determined on the basis of applications from the heads of departments and the employees themselves, by conducting surveys of managers and specialists (the vocational training department sends out a questionnaire asking them to indicate the needs for vocational training in it), analyzing the results of the organization's work , employee testing. Taking into account the development strategy of healthcare facilities and the collected applications, promising and current annual plans staff training. At the same time, the principle of continuous professional development of each employee throughout his entire career is laid as a basis. professional activity in LPU.

In accordance with the order of the Ministry of Health of the Russian Federation No. 186 “On the advanced training of specialists with secondary medical and pharmaceutical education in order to improve the training of mid-level specialists and develop healthcare and medical science”, the list of specialization cycles was revised and approved for the system of additional education of secondary medical and pharmaceutical personnel . The All-Russian Educational, Scientific and Methodological Center for Continuous Medical and Pharmaceutical Education developed curricula for additional professional education and test tasks to them, in accordance with the above order and the nomenclature of specialties of nursing and pharmaceutical personnel. In general, the main provisions of the labor legislation correspond to the practical implementation of the established rules and regulations. However, development trends labor relations differ significantly from the current provisions of the organization of labor in health care facilities and the regulatory framework that provides it. Such an example may be questions about irregular working hours, replacement of an employee, additional leave, monetary compensation in case of an increase in workload, etc. All of the above affects the quality of the employee's performance of his labor duties in accordance with the employment contract, internal labor regulations, safety precautions, and other local regulatory documents. This leads to a situation in which the employee is forced to seek a compromise between the existing situation and the mandatory legal behavior provided for by the rule of law. In this situation, the manager is forced to violate the law, or to bring the employee to disciplinary responsibility. This may not correlate with the correct application of this type of penalty. The authoritarian method of management present in healthcare leads to a violation of labor discipline. The practice of application by the courts of decisions on imposition of disciplinary sanctions by employees of the administrative apparatus of health care facilities in most cases is unlawful. However, the small number of such claims in the courts indicates the unwillingness of employees to use the courts to resolve labor disputes.

Given the importance of the discussed topic of disciplinary offenses of medical workers, the Department of Medical Law of the Academy. A.M. Sechenova decided to conduct a survey in one of the Moscow clinics to analyze the initial level of knowledge of medical workers on labor law issues.

The research group developed a questionnaire to analyze the initial level of knowledge. Subsequently, based on the results of the initial survey, the text material of the lecture on the labor legislation of medical workers was edited. The lecture was followed by a final test. The primary analysis of legal knowledge was 66.8%. After a lecture on legal regulation medical workers the level of legal knowledge was 81.8%. This one speaks of the need for classes, that classes are needed with medical staff within this range of relationships. Officials in health care facilities need to conduct ongoing training of medical workers. Analyzing the work of health care facilities in the areas of staff training, it is quite clearly seen that there are all opportunities for including the topic of labor organization in the existing training plan. But it should be noted that even after the lecture on the developed material, a number of questions remained that caused difficulties in answering the test tasks. This category of issues is related to the conclusion of labor and collective agreements, which is an indicator that the employer does not bother to notify them of the issues of their conclusion. All violations of labor law must be considered in the context of the rights and obligations of the employee to the employer.

Summing up, it becomes quite clear that separate training programs for legal norms should be created in the training centers of health facilities. This requires further development of educational and methodological materials on the topic of disciplinary offenses and labor legislation in general.

Medical law occupies an independent place in the system of Russian legislation; its norms regulate specific groups of relations regarding the protection of the health of citizens, which constitute a separate, but closely related subject of regulation with other branches of law.

In the context of building a rule of law state in Russia, the role of law, the main regulator of social and civil relations, is rapidly growing.

Currently, there is a process of active formation of a new independent branch of legal science and practice - medical law.

Knowledge by a medical worker of his rights, obligations and legal responsibility will greatly help in the prevention of disciplinary offenses, as well as help in working in the new conditions of a democratic state of law and market relations, when knowledge of the basics of labor legislation is the same mandatory qualification requirement for a medical worker, as well as issues of professional training.

A medical worker may be brought to administrative, disciplinary, civil or criminal liability.

Disciplinary responsibility of a health worker: definition

Disciplinary liability is a reaction to an offense in the field of labor relations, manifested in the application of adverse sanctions against violators of the established order.

In the course of their professional activities, medical workers often commit certain violations of labor discipline. These violations can be qualified as a disciplinary offense - non-fulfillment or improper fulfillment by the employee through his fault of the labor duties assigned to him, entailing the application of disciplinary measures (part 1 of article 192 of the Labor Code of the Russian Federation, hereinafter - the Labor Code of the Russian Federation).

For committing a disciplinary offense medical organization has the right to bring the doctor to disciplinary responsibility in the form of a disciplinary sanction - a remark, reprimand or dismissal.

Conditions for bringing an employee to disciplinary liability

An employee may be brought to disciplinary liability for committing a disciplinary offense if the following conditions are met:

unlawful behavior of the employee;
failure to perform or improper performance of labor duties assigned to him;
the presence of a causal relationship between the illegal action (inaction) and the resulting damage (material and moral);
the guilty nature of the employee's actions, i.e. if they are committed intentionally or through negligence.

Let's consider these conditions in more detail.

Employee misbehavior

Illegal is such behavior (action or inaction) of a medical worker that violates one or another rule of law, does not comply with laws, other regulatory legal acts RF, including determining job responsibilities employee (job descriptions, orders, contracts, etc.). Illegal inaction is expressed in the failure to perform those actions that the employee of the medical institution was obliged to perform.

Let us give an example from judicial practice, when the behavior of an employee was not recognized as illegal.

An example from judicial practice: the behavior of an employee was not recognized as illegal

By order of the chief doctor of the hospital, orthopedist-traumatologist M. was reprimanded for failure to follow the instructions of the head of the department to prepare the patient for surgery, as a result of which the scheduled operation was postponed. The plaintiff M. asked to cancel the order, since he considered the imposed penalty to be unreasonable. M. substantiated his position by the fact that, as the attending physician, he was responsible for the treatment process and did not agree with the instructions of the head of the department on the appointment of an operation for the patient.

Nevertheless, M. performed the necessary preparatory procedures, but the patient refused the operation in writing, so the operation did not take place. The head of the department removed M. from the treatment of the patient and turned to the head physician with memo about the announcement of the reprimand.

The representative of the defendant (the head of the department) did not recognize the claim, justifying his position by the fact that the doctor M. violated paragraphs 2.4 and 2.6, he is obliged to follow the orders of the head of the department, as well as observe medical ethics in the treatment of the patient, he forced the patient to refuse the operation due to possible negative consequences. The third person, the chief physician, also did not recognize the claim, explaining that the order to impose a disciplinary sanction on M. was aimed at improving executive discipline, since the attending physician is obliged to obey the orders of the head of the department.

The court, having listened to the explanations of the parties and having checked the written evidence, satisfied the claims on the following grounds.

By virtue of labor legislation, for violation of labor discipline, the administration imposes a disciplinary sanction on the guilty employee. The basis for the application of a disciplinary sanction is a disciplinary offense. When imposing a disciplinary sanction, the severity of the misconduct committed, the circumstances under which it was committed, the previous work and the behavior of the employee must be taken into account.

The court does not see in the plaintiff's actions a guilty failure to perform labor duties, since, despite his disagreement with the operation, the plaintiff took the necessary measures to prepare the patient for it. The transfer of the operation to another date was associated with the patient's refusal to perform it. By virtue of Art. 58 Fundamentals of Legislation Russian Federation on the protection of the health of citizens (hereinafter referred to as the Fundamentals), the attending physician is personally responsible for the treatment of the patient. The plaintiff believed that the operation in this case was not indicated for the patient, it would worsen his condition, about which he informed the patient, as a result of which he refused to perform the operation. In accordance with Art. 29-31 Fundamentals, the attending physician is obliged to inform the patient about the possible consequences of the methods of treatment used by him. In this regard, the court did not agree with the arguments of the defendant that, having informed the patient, the plaintiff .

Thus, the penalty is unlawful, since it was imposed unreasonably.

Non-fulfillment of duties by an employee

A disciplinary sanction may also follow for non-performance or improper performance of labor duties assigned to the employee.

The list of general labor duties is established by the Labor Code of the Russian Federation (Article 21 "Basic rights and obligations of an employee"), special ones - by charters and discipline regulations approved by the Government of the Russian Federation, private - by internal labor regulations, as well as individual labor contracts.

Failure to perform or improper performance by an employee of labor duties without good reason includes, in particular, violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the head, technical rules, etc., violation of labor discipline.

An example of a default considered by the court

Doctor T. applied to the Magadan City Court with a claim against municipal institution Healthcare (MUZ) "..." on the invalidation of the order to impose a disciplinary sanction in the form of a reprimand and its cancellation. In support of her claims, she indicated that by order of the head physician she was reprimanded for violations identified by the results of an examination of the quality of care. medical care patients with a neurological profile, in particular: shortcomings in the provision of medical care in all blocks peer review; poor quality record keeping in medical records; examination of patients in an incomplete volume and not in accordance with the standards for nosological forms; low quality medical care. Doctor T. considered the imposed disciplinary sanction to be unlawful and unreasonable, and therefore subject to cancellation, since no explanations were requested from her regarding the identified violations.

The court dismissed the plaintiff's claims on the following grounds.

In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, i.e. 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;
rebuke;
dismissal for appropriate reasons.

According to 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 is drawn up." At the same time, “the employee’s failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

For each disciplinary offense, only one disciplinary sanction may be applied.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

When making a decision on the case, the court, guided by the above norms, came to the conclusion that the head physician of the MUSIC had sufficient grounds to bring the neurologist T. to disciplinary responsibility and that there was no significant violation of the procedure for applying disciplinary sanctions. This conclusion is motivated, corresponds to the evidence collected in the case, the grounds for recognizing it as incorrect have not been established.

The court found out that T. was in an employment relationship with the MUS. She had been working since December 1995 as a neurologist and, in accordance with the employment contract, was obliged to fulfill her functional duties, to comply with the internal labor regulations.

By order of the MUS ". in October 2008 for confirmation by a neurologist T. first qualification category in the specialty "Neurology" an expert commission was created. By order of the MUZ "." T. was brought to disciplinary responsibility for shortcomings in the provision of medical care. The basis for bringing to disciplinary responsibility was the act based on the results of an examination of the provision of medical care to patients with a neurological profile by a neurologist T.

The disciplinary responsibility of medical workers is regulated by section VIII Labor Code of the Russian Federation.

CHAPTERVIII. WORK REGULATION.

DISCIPLINE OF WORK.

CHAPTER 29. General provisions

Article 189. Labor discipline and work schedule of the organization

Labor discipline is obligatory obedience for all employees to the rules of conduct defined in accordance with this Code, other laws, collective agreement, agreements, labor contract, local regulations of the organization.

The employer is obliged, in accordance with this Code, laws, other regulatory legal acts 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 - a local regulatory act of the organization, regulating in accordance with this Code and other federal laws the procedure for hiring and dismissal of employees, the basic rights, duties and responsibilities of the parties employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations in the organization.

Article 190. The procedure for approving the internal labor regulations of the organization.

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.

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

CHAPTER 30Labor discipline

Article 191 Incentives for work

The employer encourages employees who conscientiously fulfill their labor duties (announces gratitude, gives out a bonus, rewards with a valuable gift, a certificate of honor, presents them to the title of the best in the profession).

Other types of incentives for employees for work are determined by the collective agreement or the internal labor regulations of the organization, as well as the charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards.

Article 192. Disciplinary sanctions

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

1) comment;

2) rebuke;

3) dismissal for appropriate reasons.

Federal laws, statutes and discipline regulations for certain categories employees may also be subject to other disciplinary sanctions.

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

Article 193. The procedure for applying disciplinary sanctions

Before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If the employee refuses to give the specified explanation, an appropriate act is drawn up.

The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, on vacation, as well as the time required to take into account the opinion of the employees' representative body.

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or audit- later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), an appropriate act is drawn up.

A disciplinary sanction may be appealed by an employee to state inspections labor or bodies for the consideration of individual labor disputes.

Article 194. Removal of a disciplinary sanction

If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.

The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

Article 195. Bringing to disciplinary responsibility the head of the organization, his deputies at the request of the representative body of employees

The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor, conditions collective agreement, agreements and report the results of the consideration to the representative body of employees.

If the facts of violations are confirmed, the employer is obliged to apply a disciplinary sanction to the head of the organization, his deputies, up to and including dismissal.

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Disciplinary responsibility of medical workers

Introduction

1. Labor discipline

1.2 Misconduct

3.1 Disciplinary dismissal

3.2 Disciplinary actions

Conclusion

Literature

Introduction

discipline medical worker responsibility

The order of people's behavior that meets the norms of law and morality that has developed in society, in a broad sense, is denoted by the concept - "discipline".

With regard to the issue under consideration, in the everyday sense, the category of "labor discipline" is recognized as strict observance of the established order in work collective; labor discipline provides for timely arrival at work, compliance with the established length of the working day, rational use of time for the most productive (fruitful) work, accurate execution of orders from the administration.

In modern Russia, there has been a transition to a free enterprise society, which inevitably entailed significant change the content of labor discipline and the motives for its strengthening. Currently, the state exempts citizens from the obligation to work and at the same time prohibits forced labor. And although the phrase "labor discipline" is often associated in the public mind with the socialist past, it should be noted that the condition for any joint work, regardless of the sector of the economy, organizational - legal forms and socio-economic relations of society in which it takes place, is labor discipline.

Speaking of state regulation labor relations, it should be noted that the legislator indicates a special definition of the content of the concept of "labor discipline" used in labor legislation.

Labor discipline is obligatory obedience for all employees to the rules of conduct defined in accordance with the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), other federal laws, a collective agreement, agreements, local regulations, an employment contract (Article 189 of the Labor Code of the Russian Federation).

1. Labor discipline

Labor discipline is necessary condition organization of the labor process, which is impossible without the subordination of its participants to a certain order. Thus, labor discipline is an integral part of the relations that arise between the parties in the process of labor activity.

Article 189 of the Labor Code of the Russian Federation, in force since February 1, 2002, establishes general definition the concept of "labor discipline" used in labor legislation:

“Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, local regulations, an employment contract.”

Labor discipline implies the existence of mutual rights and obligations of the employer and employee. The list of basic rights and obligations of the parties to labor relations is given in articles 21 and 22 of the Labor Code of the Russian Federation.

Article 21 of the Labor Code of the Russian Federation contains a fairly detailed list of the basic rights and obligations that all employees have, regardless of any conditions of labor relations, including whether the employer is an individual or a legal entity.

1.1 Disciplinary responsibility of medical workers

Disciplinary liability of medical professionals is one of the types of legal liability that is imposed for misconduct. Disciplinary liability is the obligation of the employee to endure adverse consequences, provided for by the norms of labor law, for guilty, unlawful failure to perform or improper performance of their labor duties. Employees who have committed a disciplinary offense may be subject to disciplinary liability. Consequently, the basis of disciplinary liability is always a disciplinary offense committed by a particular employee.

1.2 Misconduct

In accordance with Art. 192 of the Labor Code of the Russian Federation, non-performance or improper performance by an employee through his fault of the labor duties assigned to him is recognized as a disciplinary offense. A disciplinary offense, like any other offense, has a set of features: subject, subjective side, object, objective side. The subject of a disciplinary offense can only be a citizen who is a member of the labor relations with a specific employer and violating labor discipline. The subjective side of a disciplinary offense is the fault on the part of the employee. It expresses the mental attitude of the violator of labor discipline to his illegal action. Guilt can be in the form of both direct or indirect intent, and in the form of negligence. The object of a disciplinary offense is the internal labor schedule. objective side disciplinary offense are harmful consequences and a causal relationship between them and the action (inaction) of the offender. At the same time, the action (inaction) of the employee is unlawful if it violates the employee's labor duties. Therefore, the employee's refusal to comply with the employer's order, which is contrary to the law, cannot be considered a violation of labor duties.

A disciplinary offense is characterized, firstly, by the employee’s failure to fulfill his labor duties provided for by the current labor legislation, internal labor regulations, charters and regulations on discipline, technical rules, job regulations and instructions, as well as arising from an employment contract concluded by an employee with specific organization. Such violations include refusal or evasion, without good reason, of a medical examination of workers in certain professions, as well as the refusal of an employee to pass work time special training and passing exams in safety and operating rules, if this is a prerequisite for admission to work. Wrong actions of an employee that are not related to his job duties (for example, failure to fulfill public assignments, violation of the rules of conduct in a hostel) cannot be considered a disciplinary offense.

Secondly, a disciplinary offense is distinguished by an unlawful nature, i.e. such behavior of an employee that violates the law. The actions of an employee that do not go beyond the law cannot be considered illegal. For example, it is not a disciplinary offense for a woman who has a child under the age of 3 to refuse overtime, since she can be involved in such work only with her consent (Article 99 of the Labor Code of the Russian Federation). In addition, judicial practice considers it lawful for an employee to disobey the orders of the head of the organization, which violate the requirements of the law.

Thirdly, a disciplinary offense is always a guilty action (intentional or careless). Failure to perform labor duties through no fault of the employee (for example, due to an unequipped workplace, failure to ensure the protection of the employer's property) cannot be considered a disciplinary offense.

For non-fulfillment or improper fulfillment of the duties assigned to them by labor legislation, collective and labor contracts, medical workers bear disciplinary responsibility. It represents the obligation of the employee to be punished, provided for by the norms of labor law, for the guilty unlawful failure to fulfill their labor duties. The basis of this type of liability is a disciplinary offense - an unlawful, guilty failure to perform or improper performance by an employee of his labor duties.

1.3 Groups of work duties

Two groups of labor duties can be distinguished: duties of a general nature and duties of a specific employee. Duties of the first type are common to all employees, regardless of position and specialty. They are enshrined in the Labor Code of the Russian Federation (Article 21), in local regulations(Internal labor regulations of an institution or organization, Regulations on personnel, etc.) and acts social partnership(collective agreement). The duties of a particular worker are enshrined in job descriptions, other acts defining the rules for carrying out certain types of work, as well as in individual labor agreements (contracts). In order for the individual labor duties of employees to be clearly defined, they must be reflected in job descriptions, the contents of which the employees must be familiarized with by signature when concluding an employment contract or transferring to another job.

Medical workers are subject to general disciplinary responsibility.

2. Types of disciplinary responsibility of employees

2.1 General disciplinary responsibility

The current labor legislation provides for two types of disciplinary liability of employees: general and special.

The first type is general disciplinary responsibility, which is provided for by the Labor Code and internal labor regulations. It applies to all employees, except for those for whom special disciplinary liability is provided.

Medical workers are subject to general disciplinary responsibility. The list of disciplinary sanctions is defined in Art. 192 of the Labor Code of the Russian Federation and is exhaustive. It includes a remark, reprimand and dismissal on the grounds provided for in the law. It should be noted that earlier the Labor Code of the Russian Federation also provided for such a penalty as a severe reprimand.

When imposing a disciplinary sanction, the severity of the misconduct committed, the circumstances under which it was committed, the previous work and the behavior of the employee must be taken into account. What specific measure of disciplinary action to apply to the employee is the right of the employer himself. At the same time, the list of disciplinary measures that can be applied to the violator of labor discipline is exhaustive. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

2.2 Special disciplinary responsibility

The second type - special disciplinary liability is established for a narrow circle of employees: judges, prosecutors, investigators, civil servants, employees of a number of industries that are subject to charters and regulations on discipline. In accordance with Art. 192 of the Labor Code of the Russian Federation, federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions (other than those indicated above).

Special disciplinary responsibility differs from the general one in the following ways:

1) the circle of persons falling under its action;

2) disciplinary measures;

3) the circle of persons and bodies entitled to apply penalties;

3) according to the procedure for applying and appealing penalties.

3. Disciplinary offenses of medical workers of the Novodvinsk Central City Hospital

3.1 Disciplinary dismissal

Disciplinary dismissal is a last resort. There must be sufficient grounds for the application of this type of penalty, ideally collected and executed documents confirming the employee's guilt in committing a gross violation of labor duties. At the slightest doubt, it is better to limit yourself to imposing a disciplinary sanction in the form of a reprimand and using all possible measures of material influence.

Going to the extreme measure of disciplinary action in the form of dismissal, the employer must be ready to defend his innocence in court.

Civil proceedings are carried out on the basis of competitiveness and equality of the parties (Article 12 of the Code of Civil Procedure of the Russian Federation). When preparing the case for trial and during the trial, the parties have the right (Article 57 of the Code of Civil Procedure of the Russian Federation) to apply to the court for assistance in collecting and demanding evidence.

It was this need that arose from the representative of the defendant of the Novodvinsk Central City Hospital. Citizen G., who works as a school paramedic, filed a lawsuit against the hospital to invalidate the dismissal order. She asked to recover wages during forced absenteeism and compensation for non-pecuniary damage in the amount of 50 thousand rubles for moral suffering. The representative of the defendant by proxy did not recognize the lawyer, she believes that the plaintiff allowed absenteeism without good reason, earlier the hospital administration repeatedly received complaints from teachers of the school where citizen G. worked and the director of the school about the absence of a paramedic at work. According to the paramedic, she was sick leave, but there are no documents on temporary disability. Absenteeism was noted on the time sheet. At the meeting of the commission, all those present expressed their dismissal for absenteeism. The plaintiff's dismissal was accepted jointly with the trade union organization of the hospital. Having heard the explanation of the parties, the witness, having examined the materials of the civil case, having listened to the conclusion of the prosecutor, he proves that the claims are not subject to satisfaction.

By virtue of p.46 of the Constitution of the Russian Federation, which guarantees to each subject the protection of his rights and freedoms, and the provisions of international legal acts that correspond to it, in particular, article 8 of the Universal Declaration of Human Rights, article 6 (paragraph 1) of the International Covenant on Civil and Fundamental Freedoms , the state is obliged to ensure the exercise of the right to judicial protection, which d.b. fair, competent, complete and efficient.

The court is the body for resolving individual labor disputes, by virtue of part 1 of Art. 195 of the Code of Civil Procedure of the Russian Federation, must make a lawful and reasoned decision, which is important for the consideration of cases on contesting a disciplinary sanction or on reinstatement at work, is compliance with the application of a disciplinary sanction to an employee arising from Art. 1,2,15,17,18,19,54-55, Constitution of the Russian Federation.

For these purposes, the employer must provide evidence indicating that the employee committed a disciplinary act, but also that, when imposing a penalty, the severity of this misconduct, the circumstances under which it was committed, the previous behavior of the employee, his attitude to work were taken into account.

The court considered that when applying a disciplinary sanction in the form of dismissal, the defendant did not violate the procedure for applying penalties provided for by Article 193 of the Constitution of the Russian Federation. The order to dismiss the plaintiff under paragraph 6 of Article 81 of the Labor Code of the Russian Federation is legal and justified. In satisfaction of the claim of citizen G., to the Novodvinsk Central City Hospital for reinstatement, recovery wages during forced absenteeism and compensation for non-pecuniary damage - the court refused.

3.2 Disciplinary actions

The procedure for the application and removal of disciplinary sanctions is determined by Art. 193, 194 of the Labor Code of the Russian Federation. Before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If the employee refuses to give the specified explanation, an appropriate act is drawn up. The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, on vacation, and the time required to take into account the opinion of the representative body of employees (in the case when this is provided for by the Code). A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied. The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), an appropriate act is drawn up.

On October 9, 2010, the hospital commission conducted an inspection in structural divisions hospital compliance with the shift schedule. In the emergency department, a violation of the shift schedule was discovered. Orderly M., was absent from the workplace (instead of him on the shift, orderly K., who stayed with night shift). The paramedic on duty could not explain the reason for the absence of orderly M. at the workplace, because orderly M. did not notify the senior paramedic on duty of his absence on the day of duty. Nurse K., the commission was asked to write an explanatory note about being at the workplace outside the shift schedule and submit it to the personnel department, because. due to physical fatigue, the nurse from the night shift cannot properly perform his labor duties even on the day shift. The senior paramedic wrote a memorandum to orderly M., about his absence from work. The employee was asked to provide a written explanation. Was held an official investigation. At the meeting of the commission, it was decided for orderly M. to announce a remark. By order of the head physician on the application of a disciplinary sanction, a remark is announced to the employee. The emergency department is under special control of the hospital administration for compliance with the shift schedule by employees.

A disciplinary sanction may be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.

If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction. Therefore, disciplinary measures, in contrast to incentive measures, in work book are never entered (with the exception of such a type of disciplinary sanction as dismissal).

The employer is given the right to encourage employees for conscientious efficient work, as well as to bring negligent employees to disciplinary responsibility.

Conclusion

According to the first part of Article 1 of the Labor Code of the Russian Federation, the protection of the rights and interests of employees and employers is the primary goal of labor legislation. The protection of the rights of employees is ensured by the statutory obligation of the employer to comply with labor and labor protection legislation.

It should be noted that mistakes and ignorance of the law by the administration and personnel services of organizations create a favorable environment for employees to go to court. At the same time, not only employers violate the labor rights of employees, but often many employees, taking advantage of the benefits and privileges granted to them by labor legislation, simply abuse them.

Especially with regard to the issue of bringing an employee to disciplinary responsibility, this must be done legally competently, observing the norms of a material and procedural nature.

Compliance with labor discipline is due to the need to properly organize the work of employees, create conditions for high labor productivity, and prevent accidents and man-made disasters.

In 80% of cases, the “human factor” comes to the fore as the reasons, the negative impact of which can and should be reduced by strengthening labor discipline.

This can be achieved by developing internal normative documents, creating a clear system for monitoring the state of labor discipline at production facilities. The correct and justified application of disciplinary sanctions will help to avoid adverse legal and financial consequences when dismissing guilty employees (for example, when the administration is forced to reinstate a negligent employee at work by a court decision). Of course, one cannot limit oneself to a whip, there must be a carrot. Therefore, a competent system of labor discipline is needed, which would provide for the interaction of a system of incentives for conscientious work and a system of measures of disciplinary and material impact on violators of labor discipline.

The heads of structural units (departments, sections, workshops, services, departments, branches) are usually responsible for the observance by employees of the enterprise of labor discipline, the proper and timely registration of disciplinary offenses. But they, as a rule, have insufficient literacy in the field of registration of such documents. This gap can be filled in different ways. You can each time involve a HR specialist for this or preschool services(documentary support of management), and for the heads of structural units to develop manuals on correct design documents.

In this case, the employer must be guided by the requirements and provisions of the Labor Code of the Russian Federation, other regulatory legal acts containing labor law norms, local regulations, a collective agreement, agreements, local regulations, an employment contract.

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