Disciplinary responsibility in labor law: types, order of application, removal of disciplinary punishment

In the legislation, except for the means of encouragement, disciplinary measures are established for the employees of the enterprise. They apply to subjects that do not comply with the established rules. Let us further consider what is the disciplinary responsibility in the labor law.

general characteristics

Responsibility of the employee comes for specific behavior. It can be expressed by action or inaction. Penalties under the Labor Code are applied along with other penalties, including criminal ones. At each enterprise there are certain rules. They are accepted in accordance with the requirements of the current legislation. As a reason for attracting to the type of responsibility under consideration is a disciplinary offense. In the cases provided for by the law, material punishments can be applied to the perpetrator. They are imputed to the entity separately or along with disciplinary responsibility.

Signs of misconduct

The duty to observe the established rules is one of the basic for the employee. It reflects a general requirement regarding proper conduct in the conduct of professional activities. Article 192 of the first part defines a disciplinary offense as non-fulfillment or improper performance of the functions assigned to the citizen. It is characterized by the following features:

1. The offense is committed by the subject, consisting in professional legal relations with the employer.
2. It is expressed in the unlawful and guilty failure to comply with the requirements established in the legislation, the contract, the collective agreement, the rules of procedure at the enterprise and other regulatory documents. Illegal behavior of a person, not connected with the implementation of professional functions, can not act as a misconduct. For example, disciplinary measures can not be applied for non-observance of the rules of conduct in the hostel, evasion of the performance of public assignments.
3. Misconduct damages the enterprise (employer). At the same time, a link must be established between the wrongful act / omission and consequences.

Specificity

Disciplinary responsibility in the labor law is a consequence of the non-compliance of the citizen with established regulations. Accordingly, its content is the fact that the employer applies the penalties prescribed. Responsibility for non-fulfillment of obligations imputed to the subject by law, collective agreement, contract or other normative documents occurs when there is guilt. If it is not proven, then punishment can not be applied. For example, the seller sold household appliances with hidden defects, for which he was subjected to the sanctions of the store administration. In this case, management actions are considered illegal. Defects arose in objects not through the fault of a citizen, and he could not know about them. Responsibility for non-fulfillment of obligations extends to cases of the emergence of a subject at an enterprise in a state of intoxication, negligent performance of functions,

Classification

Disciplinary responsibility in labor law can be expressed in different forms. It can be special or general. The latter is regulated by the TC. It applies to all employees, except those employees for whom special rules apply. S192 article TC sets the following types:

1. Remark . It is considered the most mild punishment.
2. The reprimand . This sanction is charged for serious misconduct, as well as in case of a comment.
3. Dismissal under the article (for absenteeism or on other grounds established by law).

The list is closed. This means that the employer can not apply a different punishment to the subject, other than the established norm. Additional forms of liability can be introduced exclusively by federal legislation, regulations and statutes for certain categories of employees.

Specificity of the design

Before applying the punishment to the employee, the head of the enterprise must request an explanation from him. It is given in writing. An employee may refuse to provide an explanation. In this case, an appropriate act is drawn up. The refusal of the employee to explain does not act as an obstacle to the application of sanctions to him. When imposing a penalty, the following shall be taken into account:

1. The severity of the misconduct.
2. The specifics of the circumstances in which it was committed.
3. Behavior of the employee before the violation.
4. The attitude of the citizen to his professional activities.

Dismissal under article

For absenteeism and appearance at the enterprise in a drunken state with an employee, the contract can be terminated unilaterally. The most serious punishment is also applied when:

1. Repeated failure of the employee to perform the functions imputed to him without good reason. In this case, the penalty is applied in the presence of recovery. This basis is established art. 81 in part 5.
2. Adoption of an unreasonable decision by the head of the enterprise (representative office / branch), his deputy or Ch. Accountant if it caused damage to the property, its illegal use or other damage to the material values belonging to the organization. This foundation is provided for in part 9 of Art. 81.
3. A single violation by the director of an enterprise / division or his deputies of their duties. This basis is defined in Art. 81 (in part 10).

Before dismissing for absenteeism or other unlawful behavior, the manager must find out all the circumstances of the violation. In particular, as stated above, he should ask the employee for an explanation. Since dismissal for absenteeism is possible only in the absence of valid reasons, the employee must prove the necessity of his absence at the enterprise at a set time.

The order of punishment

Disciplinary responsibility in labor law is imposed according to certain rules. First of all, the fact of committing a misdemeanor must be established for the application of punishment. Legislation allows the imputation of only one sanction for each violation. For example, for a delay, either a remark or a severe reprimand can be made. Before imposition of punishment, the employee must provide an explanation. In case of refusal, the head draws up an appropriate act.

Timing

Strict reprimand, observation or cancellation of the contract can be applied no later than 1 month from the date of detection of the violation. In this period does not include the time of finding an employee on leave, on a sick leave, and also the time required to take into account the opinion of the trade union. In the absence of an employee at the enterprise for other reasons, the duration of the monthly period is not interrupted. It must also be taken into account that a disciplinary measure can not be applied to an employee after six months from the date of committing a violation. If a misdemeanor was identified during an audit, an audit inspection, an audit of the economic and financial activities of an enterprise, the specified period is increased to 2 years. Within three days, an employee is ordered to apply disciplinary measures to him.

Additionally

In accordance with the law, the employee has the right to challenge the decision to impose disciplinary punishment on him. To this end, he applies the relevant application to the court, the commission / inspection of disputes in the sphere of professional activity. According to Art. 194, the punishment remains valid for 1 year. If the employee is not subjected to other sanctions within the specified period, he is considered not to be subject to disciplinary action. Punishment may be imposed for the head of the enterprise, his deputy at the request of the trade union. The tenant should consider the relevant application from the representative body and report in a week's time the decision taken. This provision fixes art. 370 TC. Until the end of the year from the date of application of punishment, disciplinary punishment may be withdrawn. The corresponding decision can be taken directly by the head of the enterprise. In addition, the removal of a disciplinary penalty is allowed at the request of the trade union or the employee himself.

Special rules

They are applied in the manner prescribed by law, by-laws, regulations. The special responsibility for disciplinary offenses differs:

1. Around the subjects in respect of which it operates.
2. A broader interpretation of the offense.
3. Punishment.
4. Establishing the scope of disciplinary powers of different officials.
5. Rules for the imposition of penalties.

Most clearly these issues are governed by the statutes on discipline provided for employees of individual economic sectors, as well as provisions for the employees of the railway transport. In these normative acts, the range of subjects on which special rules are distributed is clearly defined. It should be noted that they act not only in relation to persons who committed violations in the sphere of professional activity, but also for misconduct, equivalent to misconduct.

Conclusion

At present, special attention is paid to discipline issues at enterprises. Given their significant importance, the law provides for various instruments of legal effect on violators. Some of the established measures are not classified as disciplinary. In particular, it is a question of material, social, social mechanisms of influence. For example, the head of the enterprise can deprive the malicious infringer of the privilege to get a voucher to a holiday home or sanatorium, change the time of vacation, etc. The provisions regulating the procedure for awarding on the basis of annual work results in organizations provide for the exclusion or reduction of remuneration in case of detection of misconduct. It should also be said that the use of punishments to the guilty citizens is a right, and not an obligation of the employer. Depending on the severity of the violation, the head himself decides what sanctions to imput. It is advisable to conduct preventive interviews with staff in order to avoid disciplinary offenses.