Labor Code of the Russian Federation. Labor Code of the Russian Federation Articles 56 189 190 Labor Code of the Russian Federation

Labor discipline - obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, collective agreement, agreements, local regulations, employment contract.

The employer is obliged in accordance with labor law and other normative legal acts containing norms labor law, collective agreement, agreements, local regulations, labor contract to create the conditions necessary for employees to comply with labor discipline.

The labor schedule is determined by the internal labor regulations.

Internal labor regulations - a local regulatory act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and as well as other regulatory issues labor relations at this employer.

Article 190

The internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations.

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

Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract. The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, to create the conditions necessary for employees to comply with labor discipline. The labor schedule is determined by the internal labor regulations. Internal labor regulations - a local regulatory act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and as well as other issues of regulation of labor relations with this employer. For certain categories of employees, the charters and regulations on discipline established by federal laws apply.

Legal advice under Art. 189 Labor Code of the Russian Federation

Fedor Budarin

how to write a correct application to the employer for the first higher education in absentia?

Lawyer's response:
If the employer is not interested in you as qualified specialist and does not meet halfway for your higher education, I will give you excerpts from the Labor Code. Article 189. Short-term leave without pay, which the employer is obliged to provide to the employee calendar days the following categories of workers: 1) women who have two or more children under the age of fourteen or a disabled child under the age of eighteen; 2) veterans of the Great Patriotic War and veterans of military operations on the territory of other states; 3) caring for a sick family member in accordance with a medical report; 4) disabled people working in industries, workshops and areas specially designed for the work of these persons; 5) other employees in cases stipulated by the legislation, collective agreement, agreement. The leave provided for by paragraph 1 of this article shall be granted within calendar year within a period agreed by the parties. Article 190 good reasons provided by agreement between the employee and the employer For family and domestic reasons, for work on a dissertation, writing textbooks and for other valid reasons, in addition to those provided for in part one of Article 189 of this Code, an employee, upon his written application, may be provided within a calendar year leave without pay is not more than 30 calendar days, unless otherwise provided by the collective agreement, agreement. The validity of the reasons is assessed by the employer, unless otherwise established by the collective agreement, agreement. As you can see, there is no obligation for the employer to provide you with a vacation "at his own expense". This means that if the employer does not recognize your reason (session) as valid, the leave "at your own expense" may not be provided. Look for a compromise, read the collective agreement carefully (if your employer has one), read your employment agreement (contract).

Alla Baranova

Is material assistance paid for vacation to employees hired temporarily for the period of maternity leave?

Lawyer's response:
Read carefully local acts your organization - this may be a Collective Agreement, Internal Labor Regulations ( binding document for each organization, regardless of the form of ownership (Article 189 of the Labor Code of the Russian Federation), Regulations on bonuses, etc. Your employer was obliged to familiarize you with the above documents against signature when applying for a job. I am sure you will find the answer in these documents. Well and Labor Code Russian Federation, unfortunately does not oblige the Employer to pay financial assistance. This is the right of the employer, but not the obligation!

Boris Lyalkin

Lawyer's response:
The answer to your question contains Article 189 of the Labor Code of the Russian Federation. Article 189 to employees, incentives and penalties, as well as other issues of regulating labor relations with this employer. That is, for example, the rules of the schedule indicate the start time of 7.00, then you must come for the outfit at 7.00. If you are offered to receive an outfit earlier, for example, 6.45, then you have the right to refuse, because this is your personal time - article 106 of the Labor Code of the Russian Federation

Stanislav Pushkarny

why do we need internal labor regulations and is it necessary to have them in an organization at all?

Well, this is, as it were, in case inspectors from the relevant authorities decide to come to you, or they ask for some kind of proceedings.

Ilya Mushnikov

Help draw up a draft of the internal labor regulations of the organization. And to reveal the concepts, content and its meaning. Thank you for your attention) . Yes, you need to study. It seems that I searched, found something, but maybe someone else will tell you something.

Lawyer's response:
The internal labor regulations are usually a very voluminous document on 4-5-6--- sheets. Personally, I developed it together with my employees and compiled it for about two months. So the request from you, one might say, is "very modest ;-"))))). What exactly these Rules should contain can be found in the comments to the Labor Code of the Russian Federation (Articles 189-190.) If you need for any diploma or term paper, then you can also download and redo something from the Internet. And if for a real enterprise, then everything needs to be developed very carefully, because this document is first of all checked by the tax and labor inspectorates, and the prosecutor's office, and so on. organs.

Alexey Kaplan

Where can I see a list of misconduct violations of labor discipline for which penalties can be imposed and for which Fr. The following situation has arisen. The immediate supervisor brought me for review and signature an updated job description with the addition of new functions and already certified by the head of the department, a lawyer and the Director. I unknowingly signed it. After clarifying the situation with colleagues (which without my consent this instruction cannot enter into force as this is the main document of the labor function, the employment contract refers to it). The management stated that damage to the certified document is a gross violation of labor discipline and they announce a reprimand. Haven't seen the command yet. Perhaps a similar punishment for crossing out your signature and making notes with a pencil, which I disagree with? Where can I see a list of misconduct violations of labor discipline for which penalties can be imposed and how? What to do?

Lawyer's response:
The list of disciplinary sanctions that may be imposed on an employee is contained in Art. 192 of the Labor Code: - remark, - reprimand, - dismissal. This list is exhaustive. You can see what this or that disciplinary sanction can be imposed for in the internal labor regulations of the organization in which you work. In accordance with Art. 189 of the Labor Code, this document regulates, among other things, penalties. And with the order to announce a reprimand, you should have been familiarized with signature within 3 working days from the date of its issuance (Article 193 of the Labor Code). Prior to issuing such an order, written explanations should have been requested from you. If you did not give explanations, did not see the order, then the procedure for applying disciplinary action employer violated.

- Lawyer's response:
  The Labor Code of the Russian Federation does not contain an unambiguous answer to this question. Indeed, the right of the employer to attest employees working for him under an employment contract in order to assess their qualifications was not directly enshrined in the Code, although other laws and other regulations establish the procedure and conditions for attestation of certain categories of workers. In particular: - heads of federal state unitary enterprises are certified in accordance with the Regulations approved by Decree of the Government of the Russian Federation of March 16, 2000 No. 234 "On the procedure for concluding contracts and certification of heads of federal state unitary enterprises" (as amended on October 4, 2002); - federal civil servants undergo certification in accordance with the Regulations on the certification of a federal civil servant, approved by Decree of the President of the Russian Federation of March 9, 1996 No. 353 (as amended on November 12, 1999); teaching staff follows from paragraph 5 of Article 37 of the Law of the Russian Federation of July 10, 1992 No. 3266-I "On Education" (as amended on December 23, 2003). At the same time, the Labor Code of the Russian Federation also does not establish a direct ban on employers to conduct certification of their employees. In this regard, however, it must be borne in mind that the procedure and conditions for the certification of employees of the organization, including the list of categories of employees subject to certification, should be regulated accordingly. This means that, first of all, issues related to the certification of employees should be reflected in the internal labor regulations of the organization. This requirement follows from Article 189 of the Labor Code of the Russian Federation, which determines that the internal labor regulations of the organization (with which the employee must be familiarized without fail when hiring) are a local regulatory act of the organization that regulates: the procedure for hiring and dismissing employees; basic rights, duties and responsibilities of the parties to the employment contract; working hours and rest periods; incentives and penalties applied to employees; other issues of regulation of labor relations in the organization (in particular, issues of certification of employees). That is, in the internal labor regulations of the organization, for example, a provision can be fixed that the list of positions of employees subject to certification, the procedure and conditions for its implementation are regulated by the provision approved by the head of the organization, which will have the force of a local regulatory act adopted by the employer within of its competence in accordance with laws and other normative acts, a collective agreement, agreements (part one of Article 8 of the Code) .

Tatyana Denisova

What is the right way to deal with a bank? How to deal with the bank: a person, knowing the number of my "Private bank" card, took out all my personal data - registration, phone numbers, etc. Then he published this data on an open resource.

it would be right to write to the prosecutor's office to check the legality of all these manipulations, and then sue

Petra Panina

Can a single mother quit her job without a job? A friend said that, by law, a single mother has the right to quit her job, without working off two weeks. Has anyone heard of this? If so, then tell me, in what law is this spelled out?

Lawyer's response:
shopping mall rf: the parties to an employment contract have mutual rights and obligations; The employer has the right to require the employee to perform job duties; labor discipline - obligatory for all employees obedience to the rules of conduct; the employee, if the employment contract is concluded for a period of more than two months or the probationary period has expired or has not been appointed, has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance. . the code does not contain any conditions that reduce the named period, including for single mothers, with the exception of the agreement of the parties and the points specified in Art. 80 TK, namely: when the employee's application for dismissal, on his initiative, is due to the impossibility of continuing his work, as well as in cases of established violation by the employer of labor legislation;

Svetlana Kiseleva

I need your help, so I work in one store, and they took and introduced such a scheme of work from us, who does not fulfill the plan fine

I had the same situation, no one has the right to impose a fine for this, I personally quit! Accidentally not Euroset???? Legal, illegal - it doesn't matter.)) Even if it's not legal, you won't go to any law enforcement agencies...

Lydia Putina

I'm on vacation!! When you leave, do you have to work 2 weeks after your vacation?

Lawyer's response:

Daria Veselova

Penalty for being late for work? I was late for 25 minutes, I could not warn the authorities because there was no money on the phone. The director decided to fine 3000r. for being late and not letting me know. salary per day in our company 1000 r. Is it legal?
- Lawyer's response:
  Agree with the first post. You cannot legally impose a fine, you can only demand an explanatory note. But if part of the salary is "in an envelope", then the employer (if not an idiot) will deduct from this money. As for the conditions in the employment contract, job descriptions, etc. regarding the collection of fines - even if something like that is written there, then this condition will be contrary to the current legislation, since the labor legislation contains an exhaustive list of deductions from wages and the basis for deduction and or attraction to liability late is not.

Alexandra Bobrova

Is it possible to quit without working for 2 weeks?

by virtue of the provisions of Art. 22, 70, 71, 80, 189, 292 of the Labor Code of the Russian Federation: the parties to an employment contract have mutual rights and obligations; the employer has the right to require the employee to fulfill his labor duties; labor discipline is a must for ...

Alina Anisimova

let THAT justify who considers these rules binding ... and not NO, and there is no justification Chapter 29 of the Labor Code of the Russian Federation Articles 189,190. As a rule, this is an appendix to the collective agreement.

Margarita Lebedeva

How to quit without working 2 weeks? Worked for the organization for 6 months. Now I want to go on vacation for 2 weeks and quit. The employer forces you to work after vacation for another 2 weeks. Are his demands correct? Why can't my vacation count towards these 2 weeks?

Do not work out and notify 2 weeks in advance. During the notification period, you can work, be on a day off, on vacation, on sick leave If on a trial period, then 3 days in advance

Antonina Frolova

Where should I go if the ex-husband stopped paying alimony? It does not work officially) Please tell me!

If the husband is required by the court to pay alimony, get a writ of execution and contact the bailiffs. Whether the child's father works or not is of no interest to anyone. If he evades, he will be intimidated by an article that for non-compliance with court decisions ...

Artem Marushin

Can I not work for 2 weeks upon dismissal

Lawyer's response:
by virtue of the provisions of articles 22, 70, 71, 80, 189, 292 of the Labor Code of the Russian Federation: the parties to the employment contract have mutual rights and obligations; the employer has the right to require the employee to fulfill his labor duties; labor discipline - obligatory for all employees obedience to the rules of conduct; the employee, if the employment contract is not concluded for a period of up to two months, the probation period has expired, has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance. . the code does not contain any conditions that reduce the said period, with the exception of the agreement of the parties and the points specified in article 80 of the code, namely: when the employee’s application for dismissal, on his initiative, is due to the impossibility of continuing his work, as well as in cases of established violation by the employer of labor legislation..

Nadezhda Petukhova

They want to fire me for nothing. There are always scandals with my boss. he constantly reprimands me. when I write explanatory notes in my favor, he does not accept such explanatory notes and forces them to be rewritten almost from dictation. I already have two reprimands. he says that one more and he will fire me. Can they get fired for three reprimands? I don't drink and I'm not late for work. reprimands purely on working mamentam.

I've been fired a thousand times, there's nothing wrong with that

Daniil Fedorushkov

Sample order to change the internal labor regulations. moreover, that the work schedule changes (the beginning and end of the working day is shifted by half an hour) and only at the sales department. How to correctly issue this order?

Lawyer's response:
Most Favorite labor inspectors document - the rules of the internal labor schedule of the company. This local normative act determines the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, etc. This is stated in Article 189 of the Labor Code. This list is not exhaustive. The company may establish other conditions in the internal labor regulations. The main thing is that they do not worsen the position of the employee in comparison with the Labor Code and the collective agreement (if any). The head of the company approves the internal labor regulations, taking into account the opinion of the representative body of employees, if any. It is necessary to familiarize the employee with the rules of the internal company schedule against receipt when hiring. And if the management decided to make changes to this document - two months before their approval. In the internal labor regulations, you need to show the specifics of the work of your company, while not deviating from the Labor Code. For example, it is forbidden to indicate how many parts an employee's vacation can be divided into. The main thing is that one of them be at least 14 calendar days (Article 125 of the Labor Code). It is also illegal to deprive an employee who is on probation from allowances. Note that the employee must be familiar with this document and may even, in accordance with Article 62 of the Labor Code, demand a copy of it.

Yakov Donskov

How to quit without working as a single mother? Child 8 years old

Lawyer's response:
On the common grounds. The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance (Article 80 of the Labor Code of the Russian Federation). By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

Margarita Kolesnikova

How to quit your job without working 2 weeks?

By agreement with management.

Maria Sorokina

Can an employer sue an employee? got a job with a trial period of 3 months, worked for 5 months, so they didn’t register me, and they were going to fire me. When hiring, she signed an employment contract, in which no numbers were affixed, the contract on liability was also without a number. Before leaving I took work book for child support, but it did not have a job record. I warned my boss and the next day I didn’t go to work, but I didn’t hand over the money that I took from the buyer, I said that this amount would be deducted from my salary, what would I get for it

You have stolen money that does not belong to you. A smart head of an organization will not even go to court, he will write a statement to the police, and they will be happy with such a gift, work for two days, and the criminal case is ready.

Konstantin Grinyakin

please tell me if it is necessary when dismissing own will work 2 weeks? Job

Lawyer's response:
Article 80. Termination of an employment contract at the initiative of the employee (at his own request) [Labor Code of the Russian Federation] [Chapter 13] [Article 80] An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks, if otherwise the term is not established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal. By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal. Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him. IT MEANS. THAT YOU SHOULD WRITE A STATEMENT WITH A REQUEST TO FIRE YOU FROM WHAT DATE, SPECIFY THE DATE. AND IF THE MANAGER DOES NOT AGREE. THAT WILL WRITE WITH "WORKING OUT". AND YOU WILL "WORK".

Alla Gromova

Is it possible to force a worker to work for 2 weeks if he has a statement of payment by agreement of the parties? the letter of resignation was accepted on December 28, and he asks to be fired from December 30

are you asking the question for fun? not very funny. but it would be interesting to see a statement about the settlement by agreement of the parties.

Tatyana Egorova

What is paid first - current taxes and fees or debts on taxes and fees

Lawyer's response:
In accordance with paragraph 2, write-off Money is carried out in the following order of payments: First priority of payments - write-offs are carried out according to executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the recovery of alimony Second priority of payments - write-offs are made according to executive documents documents providing for the transfer or issuance of funds for settlements on the payment of severance benefits and wages with persons working under an employment contract, including under a contract, for the payment of remuneration under an author's agreement. By a resolution of the Constitutional Court of the Russian Federation, the issue of the order of payments was considered and the following definition was made: -FZ (Article 35), dated December 30, 2001 N 194-FZ (Article 37), dated December 24, 2002 N 176-FZ (Article 32), dated December 23, 2003 N 186-FZ (Article 31), dated 23.12.2004 N 173-FZ (Article 26), dated 26.12.2005 N 189-FZ (Article 26) established, prior to the introduction, in accordance with the decision of the Constitutional Court of the Russian Federation, of amendments to paragraph 2 of Article 855 of the Civil Code of the Russian Federation, when insufficiency of funds in the taxpayer's account to satisfy all the requirements presented to him, the debiting of funds under payment documents providing for payments to the budget and state off-budget funds, as well as the transfer of funds for settlements of wages with persons working under an employment contract (contract) are made in order of calendar order of receipt of documents after the transfer of payments related to the specified article Civil Code Russian Federation to the first and second priority. The provision of the fourth paragraph of clause 2 is recognized as inconsistent with the Constitution of the Russian Federation by the Resolution of the Constitutional Court of the Russian Federation of December 23, 1997 N 21-P, based on the fact that the mandatory write-off established in paragraph five of this clause for payment documents providing for payments to the budget and off-budget funds means only collection of debts specified payments on the basis of instructions tax authorities and tax police bodies, which are indisputable. In accordance with Part 3 of Article 79 of the Federal Constitutional Law No. 1-FKZ of July 21, 1994, acts or their individual provisions recognized as unconstitutional become invalid. The third order of payments - by the Decree of the Constitutional Court of the Russian Federation of December 23, 1997 No. 21-P, is recognized as inconsistent with Article 19 (part 1) of the Constitution of the Russian Federation. Prior to the introduction of amendments to the Civil Code of the Russian Federation, write-offs under payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment agreement (contract), as well as for contributions to the Pension Fund of the Russian Federation, the Fund social insurance The Russian Federation and compulsory medical insurance funds are carried out on the basis of the following: By the Decree of the Presidium of the Supreme Court of the Russian Federation dated 06/03/1998, a change was made to the decision of the Supreme Court of the Russian Federation dated 12/10/1996 N GKPI 96-325-339, 346: "... in case of insufficient funds on the taxpayer's account in order to satisfy all the requirements presented to him, the debiting of funds under payment documents providing for payments to the budget and state extra-budgetary funds, as well as the transfer of funds for settlements of wages with persons working under an employment contract (contract), must be made in the order of the calendar priority of receipt documents after the transfer of payments classified by Article 855 of the Civil Code of the Russian Federation to the first and second priority "Fourth order of payments - write-offs are made according to payment documents providing for payments to the budget and extra-budgetary funds, deductions to which are not provided

Ksenia Vorobieva

Rebuke. Guys, tell us, please, what disciplinary measures can be applied at the enterprise? ? Warning ... reprimand .. I'm interested in the worst)) what is the correct name? ? reprimand with entry in a personal file or dismissal under an article? ? What is the worst thing employers can do? ? And what can adversely affect further employment (for example, dismissal under an article that is indicated in the labor can complicate further employment). Thank you very much in advance!!!

Lawyer's response:
Article 192 ; 2) reprimand; 3) dismissal on appropriate grounds. Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) may also provide for other disciplinary sanctions for certain categories of employees. 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 or 8 of part one of Article 81 of this Code in cases when 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. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters 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.

Valentin Gorbyshev

Can I be for one disciplinary offense fire???

Depends on what kind. . .Being late for 30 minutes or drinking at work different misdemeanors depend on the violation. A single gross violation So it depends on the misconduct Challenge the dismissal in court If you have previously been reprimanded or ...

Elena Nikiforova

Work time.

Yes. Everything is relative, for administration workers, as a rule, a bonus is set for intensity, or an irregular working day. pay attention to Art. 91 of the Labor Code of the Russian Federation, in which the legislator fixed the concept of working time ...

Yaroslav Putilin

boss asks what to do? always finds reasons for me to write explanatory letters to her, after how many explanatory ones can there be dismissal?

Lawyer's response:
Look at the offenses. There is a dismissal for a one-time failure to fulfill their duties. But this applies for a serious violation. Do not write explanations. Explanatory you recognize the presence of misconduct and your guilt. Let the boss take the trouble to prove it. Ignore. It will look like slander on his part. And of course, try not to allow even such an opportunity that you would have something to reproach. Then most likely it will bother him or his superior official. Work well and everything will be forgotten. Good luck.

Oleg Demakov

Should the opportunity quit early?

leave without a salary find the right words for the manager.... explain that this is a career chance for you.. embellish a little... put pressure on pity... and would try to find a replacement for them... the most the best way 1. Still negotiate ...

- Lawyer's response:
  Workwear refers to the means personal protection with which the company is obliged to provide employees employed: - at work with harmful and (or) dangerous working conditions; - at work performed in special temperature conditions; - at work related to pollution. This is stated in paragraph 6 of part 2 of article 212 and article 221 of the Labor Code of the Russian Federation. The rules for providing employees with overalls were approved by the Decree of the Ministry of Labor of Russia dated December 18, 1998 No. 51. The lists of professions for which wearing overalls is mandatory, the types of overalls, the norms for issuing them and the terms of use (socks) are established by standard industry standards. To improve the working conditions of employees, the company has the right to deviate from industry rules. On its own initiative, the firm can: model rules(part 2 of article 221 of the Labor Code of the Russian Federation); - replace the overalls provided for by the standard norms with another type of overalls (part 2 of article 221 of the Labor Code of the Russian Federation). To do this, a written request must be sent to the regional labor inspectorate, in which the need to replace workwear should be justified (clause 5 of the Rules approved by the Decree of the Ministry of Labor of Russia of December 18, 1998 No. 51, part 2 of article 221 of the Labor Code of the Russian Federation). After receiving a positive response, instead of the overalls provided for by the standard industry standards, you can issue another type of overalls. If the replacement is not of a fundamental nature (for example, instead of a jacket, an employee was given a windbreaker), then it is not necessary to coordinate it (letter of the Ministry of Finance of Russia dated April 5, 2006 No. 03-03-04 / 1/320); - provide employees, professions and whose positions are not provided for by standard norms. To do this, it is necessary to carry out certification of workplaces (clause 6 of the Rules approved by the Decree of the Ministry of Labor of Russia of December 18, 1998 No. 51, part 2 of article 221 of the Labor Code of the Russian Federation). The certification procedure is established by the Decree of the Ministry of Labor of Russia dated March 14, 1997 No. 12. According to the results of the certification, the working conditions of an employee must be recognized as harmful (dangerous) or associated with pollution. If the company has a trade union, then it is necessary to coordinate with it the issuance of overalls that are not provided for by standard norms (part 2 of article 221 of the Labor Code of the Russian Federation). The procedure for issuing overalls should be fixed in the internal documents of the company, for example, in a collective agreement or the Labor Regulations. At the same time, it is necessary to establish: - a list of positions associated with harmful and (or) dangerous working conditions (pollution); - norms for the issuance of overalls for each position; - wear period, after which the employee must be issued new kit overalls. This conclusion can be drawn from paragraphs 7, 24 of the Rules approved by the Decree of the Ministry of Labor of Russia dated December 18, 1998 No. 51, as well as part 4 of article 189 and paragraph 9 of part 2 of article 41 of the Labor Code of the Russian Federation. The company must purchase workwear at the expense of own funds and issue it to employees free of charge (part 3 of article 221 of the Labor Code of the Russian Federation). In some cases, protective clothing can be purchased through accident and occupational health insurance premiums. Since overalls (for example, overalls, helmets, boots, etc.) must be certified, when purchasing, you need to make sure that they have certificates of conformity (part 6 of article 215 of the Labor Code of the Russian Federation). It is impossible to issue uncertified overalls to employees (clause 8 of the Rules approved by the Decree of the Ministry of Labor of Russia dated December 18, 1998 No. 51, part 2

Full text of Art. 189 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under article 189 of the Labor Code of the Russian Federation.

The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, to create the conditions necessary for employees to comply with labor discipline.

The labor schedule is determined by the internal labor regulations.
Internal labor regulations - a local regulatory act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and as well as other issues of regulation of labor relations with this employer.

Commentary on Article 189 of the Labor Code of the Russian Federation

1. This article defines the concept of "labor discipline".

Discipline means obligatory obedience for all members of a certain team to the established order, rules. Labor discipline is ensured by the creation of the necessary organizational and economic conditions for normal high-performance work, a conscious attitude to work, methods of persuasion, education, as well as encouragement for conscientious work (Part 1 of the Model Internal Labor Regulations for Workers and Employees of Enterprises, Institutions, Organizations, approved by Decree of the USSR State Labor Committee of July 20, 1984 N 213, applied in the part that does not contradict the Labor Code of the Russian Federation, in accordance with Article 423 of the Labor Code of the Russian Federation).

Such rules of conduct, necessary for compliance by all employees, are established:
- Labor Code of the Russian Federation. So, from the content of pp. "b" p.6 of Art. 81 of the Labor Code of the Russian Federation follows the obligation of the employee not to appear at work in a state of alcoholic, narcotic or other toxic intoxication, for employees performing educational functions - the obligation not to commit an immoral offense incompatible with the continuation of this work. For violation of these rules, the employer, on its own initiative, may apply a disciplinary sanction in the form of dismissal of the employee.

You can also name the athlete's duties to comply with the sports regime established by the employer and fulfill plans for preparing for sports competitions. In Art. 348.2 of the Labor Code of the Russian Federation refers to the obligation of an athlete to take part in sports competitions only at the direction of the employer, to comply with the all-Russian anti-doping rules and the approved anti-doping rules;
- other federal laws. Basically, special laws establish a number of requirements for official behavior of state and municipal employees. Yes, Art. 18 of the Federal Law "On the State Civil Service of the Russian Federation" provides that a civil servant is obliged to proceed from the fact that the recognition, observance and protection of the rights and freedoms of man and citizen determine the meaning and content of his professional service activities, not to give preference to any public or religious associations , professional or social groups, organizations and citizens, to comply with other requirements;
- collective agreement (see article 40 of the Labor Code of the Russian Federation and commentary thereto);
- agreements (see article 45 of the Labor Code of the Russian Federation and commentary thereto);
- LNA (see article 8 of the Labor Code of the Russian Federation and commentary to it);
- direct employment contract. Article 56 of the Labor Code of the Russian Federation establishes that, under an employment contract, an employee undertakes, among other things, to comply with the internal labor regulations in force with this employer. A reference to the need for their compliance by the employee is contained in Art. 21 of the Labor Code of the Russian Federation. At the same time, in Art. 57 of the Labor Code of the Russian Federation, which determines the content of an employment contract, there is no question of the mandatory inclusion of conditions on labor discipline in it. They are not mentioned among additional conditions. This is partly due to the fact that such conditions are usually contained in the internal labor regulations common to all employees - the LNA of the employer.

The employer is obliged to create the conditions necessary for employees to comply with labor discipline (for example, provide employee access to workplace at the set time). Such obligation must comply with labor laws and other regulatory legal acts, which contain labor law norms, a collective agreement, agreements, LNA and an employment contract. In other words, the employer must ensure that the employees can fulfill all the requirements established for them regarding labor discipline.

2. The labor schedule is the established rules for the behavior of employees in specific organization which are designed to regulate the behavior of all members of the team, to subordinate their actions to the single goal of the labor process, taking into account the conditions of production and the existing specifics of the organization of labor.

It is determined by the internal labor regulations - the LNA of the employer (see article 190 of the Labor Code of the Russian Federation and commentary to it).

Based on the frequency of mentioning the internal labor regulations in the articles of the Labor Code of the Russian Federation, references to them in the fundamental provisions of the Labor Code of the Russian Federation, we can conclude that this LNA must be accepted by every employer - both a legal entity and an individual, with the exception of individuals, which are not individual entrepreneurs, according to (see articles 15, 21, 22, 91, 100, 104, 108, 109, 111, 119, 136, 191, 330.4 of the Labor Code of the Russian Federation and comments on them).

It also follows from the text of the commented article that the internal labor regulations regulate in accordance with the Labor Code of the Russian Federation and other federal laws:
- procedure for hiring and dismissal of employees. Actually, this procedure should not differ from the procedure established by chapters 11, 13 of the Labor Code of the Russian Federation;
- the basic rights, obligations and responsibilities of the parties to the employment contract (when establishing them, one should be guided, in particular, by articles 21, 22, 196, 212, 228, 232, 234 of the Labor Code of the Russian Federation);
- mode of operation, rest time (chapter 16-19 of the Labor Code of the Russian Federation);
- incentives and penalties applied to employees (Chapter 30 of the Labor Code of the Russian Federation);
- other issues of regulating labor relations with a given employer (for example, the labor regulations may allocate the time necessary to put in order the tools of production and clothing before and after work, etc.).

It is advisable to determine the structure of the internal regulations, taking into account the above list, including a preamble containing general provisions(goal, objectives, scope of the rules).

According to Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations. Thus, for the employee, the rules should not "go unnoticed", when hiring, he confirms his obligation to comply with them. As a rule, a note on familiarization of the employee with the internal labor regulations is included directly in the employment contract.

3. In accordance with the employer has the right to apply disciplinary sanctions (reprimand, reprimand, dismissal on appropriate grounds) for committing a disciplinary offense by an employee, that is, failure to perform or improper performance due to his fault of the labor duties assigned to him.

At the same time, as the Supreme Court of the Russian Federation explained in paragraph 35 of the resolution of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation, when considering a case on contesting a disciplinary sanction, it should be taken into account that non-fulfillment of labor duties or improper performance through the fault of an employee of the labor duties assigned to him is, among other things , violation of internal labor regulations.

Thus, disciplinary sanctions may be applied to violators of the internal labor regulations. When imposing a disciplinary sanction, the severity of the misconduct committed and the circumstances under which it was committed should be taken into account (Article 192 of the Labor Code of the Russian Federation).

Most often, the internal labor regulations are used to determine the working hours that must be observed by the employee. Thus, in the ruling of the Sverdlovsk Regional Court dated May 15, 2012 in case N 33-6191 / 2012, it is indicated that the internal labor regulations established a five-day work week with an eight-hour working day, the beginning and end of the working day are determined. Based on these data, the court concluded that the employee violated labor discipline, as a result of which his claim for recognition of orders for the application of disciplinary sanctions as illegal was denied.

4. In accordance with Art. 8 of the Labor Code of the Russian Federation are not subject to the application of the LNA norms that worsen the situation of employees in comparison with the established labor legislation and other regulatory legal acts that contain labor law norms, as well as a collective agreement, agreements.

In such cases, only labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements should be applied.

Of course, the employer is not entitled, for example, to set the employee's vacation time below the established limit or deprive him of days off. However, in practice, there are also less obvious violations by the employer of the norms of labor legislation when establishing rules that are mandatory for employees to comply with.

First of all, this concerns the so-called dress code, which is expressed, in particular, in the obligation of employees to observe a certain style - both in behavior and in appearance.

It should be noted here that it establishes that no one can be limited in labor rights and freedoms or receive any benefits depending on circumstances not related to business qualities worker.

As the Supreme Court of the Russian Federation explained in paragraph 10 of the resolution of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation, the business qualities of an employee are understood, in particular, his ability to perform a certain labor function, taking into account his professional qualifications, personal qualities employee (for example, the state of health, the presence of a certain level of education, work experience in a given specialty, in a given industry). Also, the employer has the right to present requirements that are established by federal law as mandatory for concluding an employment contract, or are necessary as an addition to the accepted professional qualification requirements (knowledge foreign languages, computer skills).

It can be concluded that when the employer establishes additional requirements to the employee, it should be borne in mind that they, one way or another, must be related to his business qualities.

It must also be taken into account that, according to Art. 29 of the Constitution of the Russian Federation, no one can be forced to renounce their opinions and beliefs and be prosecuted for them. This also applies to employees, including their opinion about their own appearance.

Therefore, it is unacceptable for an employer to establish arbitrary and not caused by objective necessity dress code rules in the internal labor regulations (the same make-up for all employees, maintaining a certain weight, etc.), as well as imposing disciplinary sanctions for violation of such conditions.

Requirements for protective clothing, if it is established for certain professions(cooks, waiters, etc.) must be established by the internal labor regulations and observed by employees. Compulsory wearing of the uniform in relation to public service(in particular, military uniforms) is established by special laws.

In other cases, a uniform uniform corresponding to the corporate style of the organization may be recommended to employees by the employer when creating conditions for them to comply with such rules (accordingly, the purchase of clothing must be made by the employer at his own expense).

As for the style of communication, it is quite justified for the employer to demand courtesy from the employee (an expression of respect for the person), especially in the public service sector. Politeness involves benevolence, correctness, or the ability to keep oneself within the bounds of decency, even when conflict situation including between team members. Violation of ethical standards by an employee may result in disciplinary action.

Thus, according to the ruling of the Moscow City Court dated July 1, 2010 in case No. 33-19052/10, it was established that V. violated the norms business ethics, there was a referral to employees emails with threats, rude statements, as a result of which the employer issued an order to declare V. a reprimand. The court confirmed the legitimacy of this order.

Also, the requirement by the employer to demonstrate accuracy from the employee is fully justified - that is, punctuality and responsibility in fulfilling the obligations undertaken.

For certain categories of employees, statutes and regulations on discipline are applied, in particular:
- Charter on the discipline of employees of organizations operating especially radiation hazardous and nuclear hazardous industries and facilities in the field of the use of atomic energy;
- Charter on the discipline of workers of the fishing fleet of the Russian Federation, approved by the Decree of the Government of the Russian Federation of September 21, 2000 N 708;
- Charter on the discipline of maritime transport workers, approved by the Decree of the Government of the Russian Federation of May 23, 2000 N 395;
- Regulations on the discipline of employees of the railway transport of the Russian Federation, approved by the Decree of the Government of the Russian Federation of August 25, 1992 N 621, etc.

Consultations and comments of lawyers on Article 189 of the Labor Code of the Russian Federation

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The labor schedule is determined by the internal labor regulations.

Internal labor regulations - a local regulatory act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and as well as other issues of regulation of labor relations with this employer.

Commentary on Art. 189 Labor Code of the Russian Federation

1. This article, defining the concept of labor discipline, also establishes in general form the rules that ensure its observance, which are reflected in the basic rights and obligations of the parties to the employment contract (see commentary on articles 21, 22, 56, 212 of the Labor Code).2. The content of the internal labor regulations governing the regulation of labor relations with a given employer is established in relation to a particular organization.3. When developing internal labor regulations, employers can be recommended as a model to the previously valid Model internal labor regulations for workers and employees of enterprises, institutions and organizations, approved by the Decree State Committee for Labor of the USSR in agreement with the All-Union Central Council of Trade Unions of July 20, 1984 N 213 (BNA USSR. 1985. N 1) .4. In some sectors of the economy (in transport, in organizations with especially dangerous industries, etc.), for certain categories of workers, charters and regulations on discipline are centrally approved (see the commentary to Articles 192, 330 of the Labor Code).

Judicial practice under article 189 of the Labor Code of the Russian Federation

A similar position is set out in the ruling of the Cassation Board of the Supreme Court of the Russian Federation dated March 16, 2006 N KAS06-57, which recognized paragraph two of paragraph 9 of the previously existing Regulations on the peculiarities of the regime of working hours and rest time, working conditions of certain categories of workers as corresponding to the current legislation railway transport, directly related to the movement of trains, approved by order of the Ministry of Railways of the Russian Federation dated March 5, 2004 N, containing the same prescription as the contested one.

Resolution of the Supreme Court of the Russian Federation of January 26, 2018 N 36-AD17-8

Federal laws, charters and regulations on discipline (part five of article of the Labor Code of the Russian Federation) for certain categories of employees may also provide for other disciplinary sanctions (part two of article 192 of the said Code).

According to Articles 57 - 59.3 of the Law on the State Civil Service, the decision on the application of a disciplinary sanction to a civil servant provided for in paragraphs 1 - 3 of Part 1 of Article 57 of the said Federal Law, and the penalty provided for in Article 59.1 of the said Federal Law, shall fall within the competence of the representative of the employer and carried out in the manner prescribed by this Federal Law.
5473-1 "On institutions and bodies executing criminal penalties in the form of deprivation of liberty", articles 2, 3, 4, 34, 34.1 of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, subparagraph 4 of paragraph 3, paragraph 4, subparagraphs 1, 2 , 6, 8 of paragraph 7, subparagraphs 7, 8, 14, 19, 22, 24 of paragraph 11 of the Regulations on the Federal Service for the Execution of Punishments, approved by Decree of the President of the Russian Federation of October 13, 2004 N 1314. Ch. sees a violation of his rights in that the provisions (partially) contested by him create obstacles to the recognition, protection and restoration of his labor (service) rights to serve in the institutions and bodies of the penitentiary system (hereinafter also referred to as the penitentiary system), to provide monetary allowance and social guarantees.

1. Labor discipline is an established procedure, without maintaining which it is impossible to ensure coordinated activities in the process of joint work of employees of an organization (part 1 of article 189 of the Labor Code of the Russian Federation). Labor discipline requires employees to properly fulfill their labor duties, enshrined in Art. 21 shopping malls, others federal laws and other normative legal acts containing labor law norms (see article 5 and comments to it).

2. Rules of conduct for employees during joint activities determined by the collective agreement, agreements, as well as local regulations adopted by the employer (within its competence) in the manner prescribed by Art. 8 TK. to local regulations include: internal labor regulations, job descriptions, shift schedules, etc.

3. The labor contract concluded with them serves as a regulator of the behavior of employees. specific sign employment contract that distinguishes it from civil law contracts(contracts, assignments, paid provision services, etc.), is the subordination of the employee to the internal labor schedule established in the organization (observance of the working hours, technological discipline, timely execution of orders and orders of the employer, etc.).

in number essential conditions that make up the content of the employment contract, the rights and obligations of the employee, the regime of work and rest, if it is in relation to this employee differs from general rules established in the organization (see article 57 and comments to it).

4. Part 2 of Article 189 of the Labor Code of the Russian Federation states that labor discipline is ensured by the creation of the necessary organizational and economic conditions for normal high-performance work. So, the employer is obliged to provide work stipulated by the employment contract; ensure labor safety and conditions that meet the requirements of labor protection and hygiene; provide workers with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; pay on time wages; take care of the everyday needs of employees related to the performance of their labor duties. With a clear fulfillment by the employer of his duties for organizing the work and life of employees (Article 22 of the Labor Code), there are no grounds for violations of labor discipline in the organization.

5. The internal labor regulations establish: the procedure for hiring and dismissing employees, the obligations of the employee and the employer, the working hours of the organization, incentives for work and liability for violations of labor discipline.

The duties of employees are formulated in the internal labor regulations in accordance with the provisions of Art. 21 (see commentary to it) in relation to specific conditions this organization.

For the obligations of the employer, see comment. to Art. 22.

The law does not establish any special requirements for the content of internal regulations. In each case, it is determined at the discretion of the organization itself. When developing internal labor regulations in an organization, the Model internal labor regulations for workers and employees of enterprises, institutions, organizations, approved by Decree of the State Committee for Labor of the USSR in agreement with the All-Union Central Council of Trade Unions of July 20, 1984 (Bulletin of the State Committee for Labor of the USSR. 1984. No. 11).

6. Along with the internal labor regulations in some sectors of the economy, there are charters and regulations on discipline that provide for increased requirements for certain categories workers in these industries (part 5 of article 189 of the Labor Code of the Russian Federation).

The need to impose higher requirements on them is due to the fact that violation of the established rules by them can lead to serious consequences. So, in the Regulations on the discipline of employees of railway transport of the Russian Federation, approved. Resolution of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP RF. 1992. N 9. Art. 608), it is noted that it defines special conditions for observing discipline by railway workers, since its violation poses a threat to life and health of people, traffic safety trains and shunting work, the safety of transported goods, luggage and entrusted property, and also leads to non-fulfillment of contractual obligations.

The named Regulation applies to all employees of railway transport organizations, regardless of their organizational and legal forms and forms of ownership. The exception is the categories of employees directly listed in the Regulations. These are employees of housing and communal services and consumer services, workers' supply systems, Catering on the railway transport(except for employees of dining cars), medical and sanitary, educational institutions, etc. (clauses 1 - 3 of the Regulations).

In the Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy, approved. Decree of the Government of the Russian Federation of July 10, 1998 N 744 (SZ RF. 1998. N 29. Art. 3557) stipulates that the Charter establishes the duties of employees of relevant organizations in order to ensure the safety of nuclear hazardous facilities and prevent unauthorized actions in relation to nuclear materials, nuclear installations and storage facilities for nuclear materials and radioactive substances, storage facilities for radioactive waste.

The Charter applies to employees of organizations, the list of which is approved by the Government of the Russian Federation, as well as to employees of operating organizations that directly ensure the safety of nuclear facilities. Lists of positions (professions) of employees of organizations covered by the said Charter are developed and approved by the relevant federal executive authorities.

Regarding employees customs service the Disciplinary Charter of the Customs Service of the Russian Federation is in force, approved. Decree of the President of the Russian Federation of November 16, 1998 N 1396 (SZ RF. 1998. N 47. Art. 5742).

7. When applying Article 189 of the Labor Code of the Russian Federation, it should be taken into account that the regulations and charters on discipline are mandatory for all employees who fall under their action. Employers are not entitled to make any changes or additions to them. Some specifics regarding the labor schedule of employees subject to regulations and charters on discipline may be provided for in the internal labor regulations of organizations, but they should not contradict the regulations and charters on discipline.