LawRegulatory Compliance

What threatens for violation of labor discipline

The totality of the rules established in the institution or in the enterprise, which regulate the order of work, is mandatory for all employees. Non-observance of these rules is a violation of labor discipline, which entails punishment.

The fulfillment of all necessary requirements, which are determined by the contract, is an integral part of the normal and measured operation of the enterprise.

Each employee in the process of getting a job gets acquainted with the internal regulations, duties and rights. They clearly stated that the employee must come to the enterprise at a certain time, observe the working regime, do not leave the workplace early . He also has to use his working time with benefit for the cause. For failure to comply with these rules, an employee of an enterprise may be reprimanded for violating labor discipline, or applying a more severe penalty.

Violations of this nature include illegal action, or, conversely, inaction, when the guilt of an employee is obvious and does not cause doubts, it does not matter in what form it is expressed. This may be intentional or non-intentional damage to property, negligence, careless handling of equipment.

Also, the violation of labor discipline can be expressed by neglecting the rules of fire safety and the rules of operation of technical means.

If an employee refuses to perform a particular job, the consequences of which may negatively affect himself or others surrounding him, he can not be penalized or punished. Also, the management of the enterprise or persons authorized to represent it, do not have the right to punish an employee or employees due to their refusal to work, which is prohibited by labor legislation.

If violations are committed on the part of the employee, the employer can not only impose a penalty on the basis of an act. The employee must write an explanatory note. Only after this, the guilt will be recognized by him, and hence the recovery or dismissal for violation of labor discipline.

What criteria play an important role in reprimand or dismissal?

  • Failure of the employee to perform his duties, without valid reason, if this is not the first time and he has a penalty for a similar violation.
  • A gross violation by the employee of the rules of the working schedule or the labor process, even if this happened for the first time.

At dismissal for infringement of labor discipline such errors are often supposed:

  • The terms of the imposed penalty, or its illegal imposition, have expired.
  • If it is a minor worker, and there is no consent from the Rostrudinspektsiya for dismissal.

Dismissal of an employee may occur for violation of labor discipline in the following circumstances: the absence of a valid reason, not the removal of the previous penalty at the time of the repeated violation. This recovery has a legitimate ground, there is an explanation of the action, set out on paper.

Dismissal of an employee is a disciplinary sanction, therefore it must pass by all the rules set forth in Article 193 of the Labor Code of Russia. Before proceeding to the procedure of firing an employee, an explanation must necessarily be made in writing. In case of refusal to write an explanation, in the presence of 2-3 people an act must be drawn up in which it is fixed. After that, an order is issued for dismissal, with which the dismissed employee must be familiarized on the same day.

If the employee refused to sign the order, then again an act is drawn up, in which it is reflected. And only then a note is made in the work record book about dismissal.

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