Dismissal for violation of labor discipline. Disciplinary offense

Labor discipline - an indispensable component of any labor relations. What is this term, what is the adherence to labor discipline and what responsibility for labor misconduct is provided for by law, we will tell today.

The concept of labor discipline

Labor discipline- this is the most important element of the relationship between the employer and the employee, which is represented by 2 components.

• the activities of the employer in the development and adoption of internal labor regulations, job descriptions and other local documents that determine the procedure for the behavior of employees at the workplace and during the performance of labor duties;
• behavior of the worker, aimed at compliance with established rules and labor standards.

Local labor regulations can be coordinated by:

• the procedure for hiring and terminating employment relations;
• mode of work (duration of the working week, working day, availability of breaks and days off);
• list of positions with irregular working hours;
• duration of the vacation period for different categories of employees;
• procedure and terms of payment of wages;
• incentives and punishments for employees.

At the same time, the employer is required to create conditions for employees to observe labor discipline. Such actions may include, among others:

• reward for good work;
• application of disciplinary sanctions for misconduct.

Labor discipline and legislation

Legislative basis of the norms on labor discipline concentrated in the Labor Code of the Russian Federation. The Code contains a separate chapter on labor discipline (Chapter 30). It defines the basic requirements for measures to encourage employees, types of disciplinary sanctions, the procedure for applying and removing disciplinary punishment in relation to different categories of workers. In addition, the norms of the code describe such violations of labor discipline, which may be followed by dismissal, as well as the procedure for documenting these violations.

The features of the application of the requirements of the Labor Code were commented on by the Supreme Court of the Russian Federation in the resolution of the plenum "On the application of the Labor Code by the courts of the Russian Federation" dated March 17, 2004 No. 2.

In addition to the main normative act - the Labor Code - issues related to labor discipline are covered in separate laws regulating various types of professional activities. Among them:

1. Federal Law “On Railway Transport in Russia” No. 17-FZ dated January 10, 2003 (Article 26 “Labor Discipline in Railway Transport”).
2. Federal Law No. 81-FZ dated June 20, 1996 “On State Regulation in the Field of Coal Mining and Use, on the Features of Social Protection of Employees of Coal Industry Organizations” (Article 25 “Ensuring labor discipline»).
3. Federal Law "On the Central Bank of the Russian Federation" dated July 10, 2002 No. 86-FZ (Article 88).

The regulatory documents on labor discipline include the entire list of internal documents of the organization that establish the procedure for the activities of both the entire team and individual officials. These, of course, include the rules of local labor regulations, and the collective agreement, and job descriptions.

What is a violation of labor discipline

Violation of labor discipline consists in non-compliance or in insufficient observance of legislative norms and internal labor regulations. Moreover, the actions of the employee must be either intentional or reckless. That is, there is always a guilty component. If the violation of labor duties was the result of insufficient qualifications of the employee or the absence of normal working conditions, that is, it did not depend on the will of the employee, it is impossible to speak of non-compliance with labor discipline.

An approximate list of labor misconduct is provided for by the Labor Code (for example, Article 81) and in the resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 (paragraphs 34-44). Moreover, the decision of the plenum does not contain a banal enumeration of types of violations of labor discipline - it explains which situations can be considered such violations and which not.

Failure to comply with labor discipline is unpleasant for its consequences, which consist in imposing various disciplinary sanctions on the employee, depending on the severity of the violation committed, the primacy of the misconduct or the regularity of non-compliance with labor rules, the circumstances of the violation. The Labor Code provides for the following types of punishment:

• comment;
• rebuke;
• termination of the employment contract.

For certain groups of workers, laws, charters and regulations on discipline may provide for other types of disciplinary sanctions. For example, in accordance with Art. 15 of the federal law "On the Constitutional Court of the Russian Federation" dated July 21, 1994 No. 1-FKZ, a judge of the Constitutional Court may be subject to a disciplinary sanction in the form of:

• warnings;
• termination of powers.

The Labor Code of the Russian Federation prohibits the use of disciplinary sanctions that are not provided for by laws, charters or regulations.

Violation of labor regulations and disciplinary liability in the form of dismissal

The most significant penalty for a violation labor discipline- dismissal "under the article." The fact is that a mark of a disciplinary sanction in the form of dismissal is entered in the work book, and dismissal for violation of labor discipline can permanently ruin a professional biography.

However, it is possible to dismiss for a labor misconduct only if, in the presence of an imposed disciplinary sanction (remark or reprimand), a violation is again committed. Another reason for dismissal is a single, but significant and gross violation of labor discipline.

Gross labor violations include:

• absenteeism;
• alcohol, drug or toxic intoxication at the workplace;
• disclosure of state secrets, commercial or official secrets, personal data of employees, if the employee has undertaken not to disclose them;
• committing at the workplace theft (regardless of size), embezzlement, deliberate destruction or damage to property, the fact of which is established by a court verdict, a decision of a judge or a state body considering administrative offenses;
• violation of labor protection requirements, due to which an accident, catastrophe, accident at work occurred or there was a real threat of such incidents;
• loss of trust on the part of the management to the employee working with material values, as a result of the guilty actions of the worker;
• immoral act of a teacher;
• a single significant labor violation by members of the management team of the organization;
• forgery of documents by an employee when hiring;
• loss or destruction of property as a result of an unreasonable decision of the company's management;
• in other statutory cases.

The procedure for applying disciplinary sanctions

The procedure for punishing an employee for a violation of labor duties and discipline is subject to strict rules.

1. Before imposing a penalty, an explanation must be obtained from the employee about what happened. The employee is given 2 days to explain. If during this time it is not received, the employer draws up a proper act about it. Lack of explanation does not prevent the employee from being punished.
2. The punishment must be applied to the violator no later than 1 month from the date of discovery of the misconduct, excluding periods of illness and vacation of the guilty employee, as well as the time for expressing the opinion of the trade union.
3. It is impossible to impose a disciplinary sanction after six months from the date of the incident, and if an audit is required, an audit - after 2 years. These terms do not include the time required for the production of a criminal case.
4. A single disciplinary sanction may be imposed for one labor violation.
5. With the order of the management to impose a penalty, the employee must be familiarized against receipt within 3 working days, with the exception of the time the employee is absent from the workplace. An appropriate act is drawn up on refusal to familiarize yourself with the order.
6. The penalty is removed after a year, provided that there are no new labor violations and other disciplinary sanctions. The manager, by his decision, can remove the penalty earlier on his own initiative, at the request of the employee himself or his immediate superiors.

Features of disciplinary responsibility of the organization's management

A disciplinary sanction may also be imposed on the management of the organization, including the director and his deputies. In accordance with the Labor Code of the Russian Federation, the employer, having received a message from the trade union about the violation of labor duties by the management, is obliged to consider it and make a decision.

If the labor violation on the part of the head of the enterprise is confirmed, then he must be subjected to disciplinary punishment.

The following can act as an employer for a director:

• founders of the organization;
• Board of Directors;
• meeting of shareholders;
• another governing body that has previously made a decision to appoint a director to the position.

Thus, punishment for violation of labor discipline can be imposed both on ordinary employees of the company and on the management of the organization. However, the application of these sanctions must strictly comply with labor laws.

In the process of interaction between employees and employers, many controversial issues arise. The legislation contains a number of rules governing such situations. It fixes the responsibility and procedure for imposing penalties on an employee who has committed a violation of labor discipline. The level of income and the functioning of the enterprise directly depend on the quality of the organization of activities, and the legal form does not matter.

The serious attitude of employees to their duties guarantees not only the absence of various kinds of penalties, but also incentives that are usually set by employers. The Labor Code (hereinafter in the article - the Code) obliges enterprises to approve special rules that would regulate the internal regulations. They should reflect the main aspects of the labor process. Documentary confirmation of the procedure for carrying out activities by an employee will allow, in case of non-compliance with these requirements, to apply the necessary measures of influence.

What is labor discipline?

Each enterprise is a complex mechanism, the well-functioning of which depends on the quality of work of each component part. Before proceeding to a discussion of violations, let's figure out what labor discipline is. It can be defined as a set of rules that are binding on all employees (from rank-and-file to managers), which are adopted at the enterprise. Their list includes:

• labor protection rules;
• internal regulations;
• corporate ethics.

These documents (codes, memos, etc.) are developed and approved by employers. Supervision of execution and provision of favorable conditions for compliance with the requirements are also entrusted to them. The application of penalties is lawful in case of violation of the duties established by law by an employee. The Code defines their list in article number 21. Among the duties:

• conscientious fulfillment of the terms of the employment contract;
• observance of labor discipline;
• compliance with labor protection and safety requirements;
• responsible attitude to the property of the employer, other employees and third parties (for the safety of the property of which the employer is responsible);
• fulfillment of established labor standards;
• timely notification of an emergency situation that threatens the life of employees or property of the employer.

Existing types of violations of labor discipline

If the employee does not comply with the rules, the necessary measures are taken to establish the cause of the incident. In most cases, violations can be divided into three large groups. They are species. Among them are:

• violations of management standards - non-compliance with the established system of subordination and interaction of employees (subordination);
• violations of technological standards (for example, the release of a defective batch of goods due to the fault of an employee);
• violations of regime norms - work schedule (time of rest and work, for example, absenteeism).

In case of periodic non-compliance with the established norms and the severity of the misconduct, gross violations are distinguished. These include systematic absenteeism, tardiness, appearance at the workplace in an inappropriate form (alcohol, drug intoxication), falsification of documents and other similar actions that lead to serious negative consequences. Additional characterizing parameters of improper performance of duties, by which its harm to the organization will be assessed, can be:

• place of performance;
• time and date of execution;
• scope of execution;
• form and method of execution;
• subject of execution.

Actions that violate the labor rules established at the enterprise are called disciplinary offenses. They are subject to certain penalties. Among the most common violations of labor discipline are:

• absenteeism;
• systematic lateness after a lunch break or to the beginning of the working day;
• unacceptable appearance - presence at the workplace in a state of intoxication (alcohol, narcotic or toxic);
• neglect of the rules of labor protection and safety, which led to an accident or accident;
• cases of theft of company property, its damage;
• improper level of performed obligations (low quality, non-compliance with established requirements);
• disclosure of trade secrets of the organization;
• non-compliance with subordination (disobedience to orders of higher employees, neglect of the hierarchy that has been established in the company);
• committing an immoral act.

Upon detection of the fact of non-compliance with the rules, an act on violation of labor discipline is drawn up. It is handled by the immediate supervisor of the employee. Two witnesses must be present during the drawing up. It is created in two copies: for the employee and for transfer to the management, which will decide on the type and amount of the penalty. The form of the act and the persons responsible for its preparation must be approved in the internal regulations.

Expert opinion

Maria Bogdanova

The Labor Code does not reflect valid or disrespectful reasons for employee misconduct, so it is very difficult to predict their consequences. Therefore, in this matter, management is based on the arguments provided by the employee (Article 193 of the Labor Code).

If a person did not appear or was late for work, valid reasons for this may be considered:

• problems with public transport;
• being in court or other law enforcement agencies;
• disease;
• emergency hospitalization of a relative,
• P fires, floods and other emergencies.

At the same time, the employee must argue in writing the reason for the absence and prove it documentarily: with a certificate, summons, sick leave, etc.

What penalties can be applied to an employee?

In case of violation of the established labor rules, the employee is liable in accordance with the law. Article 192 of the Code contains a list of possible disciplinary sanctions that may be applied to him. The employer has the right to use them in accordance with the seriousness of the violation and the harm that has been caused. The list contains three valid ones:

• remark - the most insignificant penalty, which does not threaten with serious consequences; usually draw up an act of violation and fix the received remark; with systematic comments, a more effective measure of punishment is chosen;
• reprimand - a penalty applied when committing a misconduct (disciplinary); has two forms - strict and ordinary; entered in the order; in labor is fixed only in case of dismissal for improper work or in case of systematic violations;
• dismissal is the most radical measure applied in case of serious systematic violations that caused material or moral harm.

The management of the organization has the right to deprive the employee of the bonus if this fact is spelled out in the internal documents. For certain categories of employees, other penalties may be applied, which are specified in the relevant federal laws. For registration of violations, a general procedure is provided, which applies in most companies. The internal regulations usually prescribe the basic requirements for the process and content of the documents necessary for drawing up the act.

The procedure for issuing a penalty for violation

When drawing up internal regulations, it is necessary to provide for clauses that will reflect the procedure for imposing a penalty. In most cases, it is enough to make a list of violations of labor discipline and the corresponding penalties, indicate the persons responsible for drawing up the acts and submit the documents required for execution. After that, this information is brought to the attention of employees. They must sign the act of familiarization. The collection process consists of the following steps:

• drawing up an act - responsible employees, in the presence of two witnesses, fill out an act of violation;
• obtaining explanations - in writing, the offending employee indicates the reason for his inappropriate behavior; in case of refusal to testify, a mark is placed in the order; a note with explanations is attached to the act;
• issuing an order on violation of labor discipline - the management, on the basis of the documents received, makes a decision regarding what happened; there is no approved form, but mandatory information is indicated - the content of the misconduct, the date and time of the commission, the type of penalty, documents regulating the actions of the management.

The employee must be familiarized with the order within three days (under signature). A copy of it is included in the employee's personal file. When imposing a penalty, the severity of the offense must be taken into account. They must be proportionate. In the most serious cases, where there are repeated facts of inappropriate work behavior, the only possible punishment may be dismissal for violation of labor discipline.

Expert opinion

Maria Bogdanova

More than 6 years experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

Another important factor in choosing a punishment in the form of dismissal can be a gross violation by the employee of the rules of the work schedule or work process, even if this happened for the first time.

In general, when dismissing for violation of labor discipline, three mistakes are often made:

• the expiration of the time limit for the imposition of the penalty,
• illegal imposition,
• lack of consent to dismissal from the labor inspectorate when it comes to a minor worker.

Dismissal of an employee may occur for violation of labor discipline under the following circumstances: absence of a valid reason, non-removal of the previous penalty at the time of the repeated violation. This penalty has a legal basis, since there is an explanation of the act, set out on paper.

The dismissal of an employee is a disciplinary sanction, therefore it must be carried out in accordance with all the rules enshrined in Article 193 of the Labor Code of Russia. It is always worth remembering that before proceeding with the procedure for dismissing an employee, it is imperative to take an explanation from him 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 this is recorded. After that, a dismissal order is issued, with which the dismissed employee must familiarize himself on the same day.

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

Sample text

There is a limited period for imposing a penalty, which is equal to one month from the date of the violation. After six months, the penalty cannot be applied. The exception is violations, the fact of which was established during the verification process, then the period is extended to two years. It is important to note that the deprecation does not apply to fines, since the premium is a means of encouragement. Penalties for violation of labor discipline is a necessary measure that contributes to a more responsible attitude of the employee to his official duties. Until the expiration of 1 year, if there is someone's initiative, supported by the decision of the management. The initiative can be shown by the employee himself, his immediate supervisor or the labor collective.

A note on the removal of the penalty, as well as on its imposition, is entered on the employee's personal card.

What else needs to be remembered?

The application of penalties for violation of labor discipline to the offending employee is carried out in strict accordance with applicable law. Each enterprise must develop rules governing the internal regulations of the company. They spell out the fundamental points of the workflow. Employees must be familiarized with them under the signature.

Employees bear full responsibility for violation of labor discipline. By signing the contract at the beginning of cooperation, they agree to the requirements and obligations established for them. If a fact of non-compliance with the agreements (the terms of the contract or the internal rules of the company) is detected, a report is issued

A thorough study of the circumstances of the situation is essential. In some cases, an employee is forced to violate established requirements in order to avoid more serious consequences for the company. It is for this reason that management needs to take every recorded fact seriously. Proper organization of work, including a system of "rewards - punishments", will reduce possible conflicts in the course of activities and help increase the productivity of employees, and, accordingly, the profit of the company.

Video - "Introductory briefing on labor protection"

Such actions may include, among others:

• reward for good work;
• application of disciplinary sanctions for misconduct.

Labor discipline and legislation The legislative basis for the norms on labor discipline is concentrated in the Labor Code of the Russian Federation. The Code contains a separate chapter on labor discipline (Chapter 30). It defines the basic requirements for measures to encourage employees, types of disciplinary sanctions, the procedure for applying and removing disciplinary punishment in relation to different categories of workers. In addition, the norms of the code describe such violations of labor discipline, which may be followed by dismissal, as well as the procedure for documenting these violations. The features of the application of the requirements of the Labor Code were commented on by the Supreme Court of the Russian Federation in the resolution of the plenum "On the application of the Labor Code by the courts of the Russian Federation" dated March 17, 2004 No. 2.

Violation of labor discipline in the Labor Code of the Russian Federation: examples and consequences

Reference In the most general form, PWTR usually includes:

1. the general procedure for hiring, transferring to a new place and dismissal of employees;
2. the rights and obligations of employees and employers in relation to each other and other members of the team;
3. the procedure for the operation of the company and its individual divisions;
4. the mode of work and rest of various categories of employees of the company;
5. the procedure for applying penalties and incentives applied in the organization;
6. other issues regulating the rules for the implementation of labor activities at the enterprise.

The text of the developed document is being approved by the head of the company in the prescribed manner. If there is a trade union in the organization, it must also approve the draft document.

Labor discipline and responsibility for its violation

Types of violations of labor discipline Depending on the norms of the labor process, the following three types of violations of labor discipline by an employee are distinguished:

• technological (violation of technological standards);
• violation of subordination and coordination in the process of labor management (violations of management standards);
• violation of the regime of working hours and rest time (violation of regime norms).

Thus, the release of defective products through the fault of any employee will be a technological disciplinary offense, and, for example, absenteeism can be considered a violation of regime standards. Depending on the type of violation, the causes of the incident are investigated and the necessary documents are collected.

Violations of labor discipline

With systematic delays, Ivanov A.A. a reprimand may be issued, but the law does not allow a reprimand immediately after the first offense. A reprimand may be caused, for example, by the failure of the warehouse manager V.V. Petrov to fulfill his official duties, which entailed financial losses for the enterprise in the form of a failure to sign an agreement with suppliers. An employee may be issued a regular or severe reprimand (at the discretion of the employer).
A one-time violation, entailing dismissal, may be the appearance of an employee at the workplace in a state of intoxication, theft of official property, or actions that provoked an accident or accident at work. Any decision on disciplinary action may be appealed by the employee in court. Then the assistance of a professional lawyer competent in matters of the labor legislation of the Russian Federation will be relevant.

Violation of labor discipline

If the employee has provided an explanatory note, an act of violation and a memorandum from the immediate supervisor of the employee are attached to it. This package of documents is submitted to senior management in order to make a decision on recovery. The order to impose a penalty After studying the circumstances of the committed disciplinary offense and studying all the documents, the head of the enterprise issues an order on violation of labor discipline.

There is no standard form for such an order (except for the dismissal order, which is drawn up according to the forms No. T-8 and No. T-8a, approved by the Decree of the State Statistics Committee of Russia dated January 05, 2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment"), but the document must reflect the disciplinary offense, the time and date of its commission, the type of penalty and list the regulatory documents.

Disciplinary offense

• absenteeism;
• systematic lateness after a lunch break or to the beginning of the working day;
• unacceptable appearance - presence at the workplace in a state of intoxication (alcohol, narcotic or toxic);
• neglect of the rules of labor protection and safety, which led to an accident or accident;
• cases of theft of company property, its damage;
• improper level of performed obligations (low quality, non-compliance with established requirements);
• disclosure of trade secrets of the organization;
• non-compliance with subordination (disobedience to orders of higher employees, neglect of the hierarchy that has been established in the company);
• committing an immoral act.

Upon detection of the fact of non-compliance with the rules, an act on violation of labor discipline is drawn up.

Labor discipline or what to do with violators

Attention

Deprivation of a bonus as a punishment for violation of labor discipline An employer considering a disciplinary sanction for violation of labor discipline for an employee should keep in mind that deprivation of a bonus is not considered as such by the current legislation. This means that organizations are not prohibited from applying this type of sanction to employees who have committed this or that misconduct. However, this is only possible if such a measure is directly provided for by the regulation on remuneration or bonuses in force in the organization.

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account. Disciplinary punishment may be issued on the basis of a memo. If the employer considers this an insufficient reason, then he can initiate disciplinary proceedings with the participation of the labor collective.

The result of the meeting of the commission will be an act with a decision on the type of disciplinary punishment. Practice knows many examples of violations of labor discipline. Most of them relate to non-gross offenses and are often limited to verbal remarks.
For example, worker Ivanov. A.A. violated the work schedule by showing up to work an hour later than the scheduled time without a good reason. In this case, the employer may limit himself to an oral warning, which is drawn up in the form of an act on a disciplinary violation.

Violation of labor discipline example and consequences

The document is drawn up by the immediate supervisor of the employee in the presence of two witnesses in two copies (one immediate supervisor is transferred to the top management for a decision on the recovery, the other copy is transferred to the employee). The form of the act and the employees responsible for drawing up the act must be approved by the internal labor regulations of the enterprise. Explanations of the employee The employee is required to provide written explanations regarding the disciplinary offense committed by him (it is recommended to require an explanation in writing so that this fact is recorded).

Info

If the employee refuses to give explanations, this should be reflected in the act. The employee is given two days to provide explanations. It is worth mentioning that the refusal to write an explanatory note will not save the employee from imposing a penalty.

• observe labor discipline;
• comply with established labor standards;
• comply with the requirements for labor protection and ensuring labor safety;
• take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;
• immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property)”.

In addition to the basic requirements, the rules of labor discipline may indicate other duties of employees related to the specifics of the work of each organization.
Responsibility for violation of labor discipline According to labor legislation, each employee is responsible for observing labor discipline at the enterprise and each employee must be familiarized with the internal labor regulations, labor protection documents, job descriptions and other documents regulating his labor activity, against signature. In case of violation of labor discipline by an employee, the employer has the right to apply penalties at its discretion, depending on the severity of the misconduct. The order of recovery for a disciplinary offense Punishment for violation of labor discipline is established by the head of the enterprise on the basis of legislative norms and available information.
An act on the commission of a disciplinary offense When an employee commits any disciplinary offense, an appropriate act is drawn up.
On the Constitutional Court of the Russian Federation” dated July 21, 1994 No. 1-FKZ, a judge of the Constitutional Court may be subject to a disciplinary sanction in the form of:

• warnings;
• termination of powers.

The Labor Code of the Russian Federation prohibits the use of disciplinary sanctions that are not provided for by laws, charters or regulations. Violation of labor regulations and disciplinary liability in the form of dismissal The most significant punishment applied in case of violation of labor discipline is dismissal “under the article”. The fact is that a mark of a disciplinary sanction in the form of dismissal is entered in the work book, and dismissal for violation of labor discipline can permanently ruin a professional biography. However, it is possible to dismiss for a labor misconduct only if, in the presence of an imposed disciplinary sanction (remark or reprimand), a violation is again committed.

Each institution works in accordance with the rules of labor internal regulations - this is stated by labor legislation. The law attaches great importance to discipline. Violation of labor discipline entails serious consequences that every employee should be aware of. In this article, we will consider all types of labor violations, punishments for them, as well as examples of non-compliance with discipline.

Work discipline - what you need to know?

Production discipline involves the observance of rules and regulations by all employees of the organization: from the lowest level to management. In turn, these norms must be approved, and conditions must be provided for the fulfillment of obligations by the team (Labor Code of the Russian Federation, Art. 190). If this is not done in time, the responsibility for non-compliance with working discipline falls on the shoulders of the employer, and not the workers.

Production discipline involves the observance of rules and regulations by all employees of the organization: from the lowest level to management.

The concept of labor discipline includes the following obligations of employees, set out in the Labor Code of the Russian Federation (Article 189 of the Labor Code of the Russian Federation):

• Fulfillment of labor standards established by the institution.
• caring attitude towards.
• Quality work performance.
• between leaders and subordinates.
• Notification of the general director of the enterprise about an emergency.
• Compliance with the rules and requirements of regulations adopted by the management of the enterprise.

Failure to comply with these points refers to a violation of labor discipline and leads to punishment.

Violation of labor discipline and its types

There are several types of violations of industrial discipline. They are classified in accordance with the standards established in the workplace: violation of managerial, regime and technological norms.

Violations of discipline are classified in accordance with the standards established in the workplace.

Regime non-compliance with discipline can include ignoring the work regime and the need to rest by the employee. Technological misdemeanors are responsible for the release of products and their rejection, and managerial misconduct - for non-observance of subordination and incorrect coordination of the enterprise's labor forces.

Failure to perform official duties is divided according to the place, method, term, form and scope of performance.

The main violations of labor discipline include:

• Misdemeanors related to labor protection, which led to emergency consequences.
• Failure to fulfill official duties in full.
• Ignoring orders from superiors.
• The appearance of an employee at the enterprise in a state of intoxication (alcohol, drugs, other psychotropic substances) and other immoral acts.
• Absence or untimely departure from the workplace.
• Refusal to undergo training to improve the qualifications of an employee.
• Late medical examination.
• to the workplace.
• Deliberate disregard for the rules and norms of labor discipline.
• Theft of property of the organization, its damage.

Systematic disregard for the rules is regarded as a gross violation of the organization of labor and threatens with dismissal.

Penalties for breach of discipline

Penalties for misconduct include a remark, a reprimand, and (Labor Code of the Russian Federation, Art. 192).

The remark does not entail significant consequences, however, upon the fact of the act, the leader must draw up a document. A sample act of misconduct reflects the essence of the misconduct, the explanation of the worker and the measures taken.

Penalties for misconduct include reprimand, reprimand, and dismissal.

The reprimand is ordinary and strict. Both of them are not entered in the work book, however, their fixation in the order is mandatory. Receiving two or more reprimands may result in dismissal.

Dismissal is also appropriate in the case of regular disregard for the rules of labor organization and in the commission of a gross misconduct. The corresponding decision is made on the basis of the provisions of the documents of the enterprise.

Any employee of the institution is liable for violation of labor discipline. In the latter case, the manager can apply penalties at his discretion, paying attention to the severity of the violation.

For a privileged class of workers (, pregnant women on a part-time basis), special penalties are provided.

Drawing up an act of misdemeanor

Two copies of the normative act are drawn up if there are two or more eyewitnesses. The document submission form is approved in accordance with the organization's labor regulations.

Statement of the employee's explanation

The explanation is given in writing. They usually give 2 days to write it. If the employee refuses to write an explanation, this fact is recorded in the order.

Issuance of an order for the application of punishment

There is no specific sample of this order (only the dismissal order is approved in a clear form). But in the act, the founder is obliged to indicate the essence of the misconduct, its type, date and time of commission, as well as list the documents regulating the punishment of the employee. The order must be signed by the director of the enterprise, the personnel officer and the production manager of the employee.

This normative act is not displayed in the work book.

Three days are given to familiarize the employee with the order under the signature.

Drawing up an act on the removal of punishment

If the employee has not committed misconduct during the year, the penalty is liquidated. If the management of the organization decides to prematurely remove the punishment from the employee, an appropriate act is drawn up. The reasons for the cancellation of the punishment should be reflected here.

If the employee has not committed misconduct during the year, the penalty is liquidated.

The time for imposing penalties is limited to 1 month. If a violation was discovered during the audits, the period of application of the punishment increases to 2 years.

An example of non-compliance with the rules in production

The most common violation of labor discipline is being late for work. At the same time, the manager should not rush to impose penalties on the employee, but first understand the reason for the delay. A one-time violation can be left without punishment, since the reasons may not depend on the employee.

Systematic lateness to work can be punished by a fine, a severe reprimand, and in case of being late for 4 or more hours, dismissal.

Each employee of the enterprise is obliged to clearly know his rights and obligations, as well as the penalties for committing misconduct. Penalties for violation of work discipline must have a good reason. Unmotivated punishments or punishments imposed outside the established procedure (for example, in the absence of witnesses to the violation) can be challenged by the trade union and managers are already held accountable.

Therefore, there are three types of disciplinary offenses:

• culpable violation by an employee of technological standards ( technological);
• Guilty non-fulfillment or improper observance by the subject of labor law of the norms of subordination and coordination in the process of labor management ( managerial);
• culpable non-observance by the subject of an employment relationship of the norms governing working hours and rest time ( regime, i.e. violating the "working hours" - Art. 100 of the Labor Code of the Russian Federation).

The type of disciplinary offense affects the procedure for establishing circumstances indicating non-fulfillment or improper observance by the employee of his labor duties.

So, when producing defective products, the fault of the employee is established in case of violation of technological standards, absenteeism, being late for work, unproductive use of working time (guilty violation by the employee of the working time regime). Investigation of managerial misconduct involves the establishment of the guilty in the employee's failure to comply with the legal order of the head of the production process.