Penalties for violations of labor discipline. Disciplinary offense. What entry is included in the labor record?

In order to be able to apply penalties to an employee for violation of labor discipline, it is necessary to know exactly what such a violation is and what type of violation of labor discipline the offense belongs to.

From the article you will learn:

Labor discipline is a set of rules of conduct that is mandatory for all employees of the organization, from the manager to the lowest level. This includes the following accepted by the enterprise:

internal labor regulations,
labor safety rules,
corporate ethics and so on.

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What are the types of labor discipline violations?

Depending on the established standards of the labor process, the following types of violations of labor discipline by an employee are distinguished:

violation of management norms - subordination and coordination in managing the work process;
violation of technological standards;
violation of regime norms - working hours and rest periods.

Based on this gradation, the release of defective products through the fault of an employee is considered a technological disciplinary offense, and absenteeism or significant lateness is considered a violation of regime norms.

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Responsibility for violation of labor discipline

According to the labor legislation of the Russian Federation, each employee is responsible for compliance with labor discipline at the enterprise. When hired, a newcomer familiarizes himself with the internal labor regulations, job descriptions, labor protection documents and other rules governing his work activity by signature.

If an employee violates labor discipline, the manager may, at his discretion, apply penalties to him depending on the severity of the offense.

What penalties can be imposed for violation of labor discipline?

According to Article 192 According to the Labor Code of the Russian Federation, the employer has the right to apply the following penalties to the employee:

comment;
rebuke;

Moreover, as part of a reprimand, the employer has the right to deprive the employee of a bonus if such a possibility is provided for in the internal documents of the organization.

Remark for violation labor discipline issued if the disciplinary offense was the first in the employee’s work life, and the violation itself is not considered gross and did not entail serious consequences for the enterprise.

The remark in itself does not threaten the specialist with any special troubles; if the employee commits another disciplinary offense in the near future, we can talk about a systematic violation of labor discipline.

A reprimand is issued for a disciplinary crime (misdemeanor) committed and can be ordinary or severe. The reprimand is not entered in the work book, but is recorded in the order for the enterprise. This action is noted in the employee’s work book only if, as a result of improper performance of job duties or systematic violation of labor discipline, he is fired.

Dismissal for violation labor discipline is an extreme measure of punishment. It can be applied in the event of a systematic violation of labor discipline by an employee and failure to fulfill his duties, as well as in the commission of a gross disciplinary offense. For example, educational institutions may fire a teaching staff member who has committed an immoral act.

What is the procedure for filing a penalty for a disciplinary offense?

The punishment for violation of labor discipline is established by the head of the enterprise on the basis of legal norms and available information. However, the penalty must be justified, and the severity of the punishment must be proportionate to the offense committed.

Draw up a report on the commission of a disciplinary offense. The document is drawn up in two copies by the employee’s immediate supervisor in the presence of two witnesses. The form of the act and the employees responsible for its preparation must approve the internal labor regulations of the organization.

Request a written explanation from the employee regarding the disciplinary offense he committed. The refusal to provide explanations must be reflected in a special act.

If the employee has provided an explanation, together with the violation report and a report from the employee’s immediate supervisor, the document is submitted to the management of the enterprise to make a decision on imposing a penalty.

Issue a garnishment order. After studying the circumstances of the disciplinary offense, the documents available on the case, and deciding on the type of punishment, the head of the company issues an order on violation of labor discipline.

The document must reflect the disciplinary offense, the time and date of its commission, the type of penalty imposed, and indicate the regulatory documents. The order must be endorsed by the head of the enterprise, the immediate superior of the offending employee and the head of the personnel department. The employee must be familiarized with the order for collection against signature within 3 days. A copy of the order is filed in the employee’s personal file.

The key to the stability of the work process and the function of the regulator in resolving controversial issues is performed by labor discipline. The psychological situation both within the team and interaction at the employee-subordinate level, responsibility in case of violations is regulated both by internal regulations and at the legislative level.

The level of organization of the work process at the enterprise determines income indicators and the ability to solve assigned tasks Therefore, special attention is paid to issues of liability for violations of discipline during work.

What is labor discipline

Any enterprise operates as complex but streamlined a mechanism whose success directly depends on each employee.

The concept of labor discipline includes a set of rules established in the organization, which all employees, including managers, are required to observe and adhere to. These include corporate ethics standards, integral safety rules in terms of labor protection, as well as internal rules and conditions.

Is there a definition in laws/regulations?

According to Art. 189 of the Labor Code of the Russian Federation, the definition of labor discipline has the following meaning: a list of the employee’s job responsibilities, according to which he is in a mode of subordination to the requirements and rules of conduct established in accordance with the orders and conditions in force in the organization.

What documents contain provisions

Every organization has rules of conduct a number of regulatory documents, on the basis of which the head of the organization monitors the work process and takes punitive measures for non-compliance with labor requirements.

Such standards include:

Labor Code– the primary regulator in the field of labor, which defines the main responsibilities and functions of both parties, on the basis of which the employee and the employer build their relationship.
Collective agreement. Establishes all possible options for resolving controversial issues and emerging aspects in the course of interaction between the team and the management apparatus.
Inner order rules. A local standard that regulates and organizes the rules of discipline at the level of an individual organization.
Instructions for each position. Requirements made in connection with professional tasks, according to the functional maps that apply at the enterprise.
Certain labor agreements with the company's employees.
Additional Instructions, which spells out, based on the characteristics of the organization’s activities, interaction and resolution on individual issues.

Is it required to be included in local acts?

Labor discipline is an integral part of the work schedule, and therefore is determined by internal regulations - PVTR - internal labor regulations. The law does not oblige the employer to specifically accept documents based on discipline norms, however, the Labor Code does not establish a ban on the implementation of such provisions.

Local regulations cover only labor relations within a specific organization, therefore, their actions are limited and apply exclusively to a specific group. This document should not contradict the current Labor Code, but only introduce a clarifying aspect taking into account internal features, thus specifying the fundamentals specified in high-level regulations.

What is meant by violation

Violation, in other words, non-compliance (non-fulfillment) by an employee of certain job duties is included in the concept of “violation of labor discipline”.

Moreover, among the most common, which are most often encountered and are indicative, we can highlight the following examples of disciplinary violations:

The employee was not at the workplace for a long period (more than 4 hours) without a good reason. There is no health certificate or note explaining the motives and reasons for such behavior.
The employee refuses to undergo scheduled health examinations (dispensary examination), scheduled (unscheduled) prof. instructions, which is grounds for not allowing him to perform his official duties.
The employee refuses to sign a document stating full financial responsibility, without explaining the reasons and grounds for such an act, despite the fact that the position he holds provides for such an obligation.

Failure by an employee to perform actions that are not specified in the agreement between the employee and the employer, and therefore are not included in the scope of his job responsibilities, cannot be a reason for dismissal.

Types (regime, managerial, technological)

If an employee fails to comply with labor standards and rules established in the organization, management is obliged to carry out a set of measures to establish the main factors and reasons for what happened. Among the violations, having determined the general features of the species, we can distinguish three main groups:

regime: non-compliance (ignoring) of the routine - violation of the work and rest regime (lateness, absenteeism, overtime);
managerial: irrational activity of the administrative apparatus (violation of established norms of subordination, errors in coordination and ineffective use of human resources);
technological: there is no control over the quality of products, the technical condition of equipment (defects, non-compliance with standards).

Disciplinary action + warning

For failure to fully fulfill assigned duties, according to the position held, the manager has the right to apply a number of disciplinary sanctions to the employee as punishment for violations of discipline at work.

Art. 192 of the Labor Code of the Russian Federation determines the following three types of punishment for violation of organizational discipline rules:

Comment. It is used for a minor offense (negligence, disobedience), and has an educational purpose. The main task is to prevent the occurrence of new violations of discipline in the future.
Rebuke. Appointed for failure to perform or evasion of duties according to the position held. Most often used for absenteeism, humiliation of colleagues, fights and other unacceptable behavior.
Dismissal. Used for repeated (systematic) violations of discipline, in the presence of an existing order from the boss regarding disciplinary action. Grounds: absenteeism, coming to work under the influence of alcohol or other intoxication, transfer or disclosure of confidential information, theft (waste) of valuables, if the fact is proven in court.

One of the methods of strengthening personnel discipline is to prevent instances of inappropriate behavior by team members and increase the motivational incentive in the results of their activities.

To such effective mechanisms can be attributed:

Belief. An effective argument, the task of which is to arouse the employee’s interest in high-quality and conscientious performance of duties. Based on psychological aspects through the introduction and transfer of best practices, involving the employee in cultural and social life.
Promotion. As recognition of the employee’s achievements, the manager has the right to present him with an award (medal, certificate). Methods of remuneration for increased productivity, impeccable work, improvement and implementation of advanced technologies are defined in the agreement, the charter of the enterprise, and the collective agreement. As financial incentives, employees are given bonuses or gifts, and the manager announces gratitude.
Compulsion. Built on methods of disciplinary action, with the goal of forcing an employee to carry out his activities even against his will, through a reprimand, reprimand and, in extreme cases, dismissal. In addition, the employee may be deprived of a bonus or receive leave during a different period of the year than he planned.

Depreciation (in what areas is it applied)

In addition to “standard” disciplinary sanctions, the Labor Code allows the employer to apply other types of punishment against the employee.

This is possible if such measures are prescribed in local acts or other regulations of the enterprise (charter), and are also enshrined at the federal level for categories such as civil servants, law enforcement officers, etc.

Deduction of bonuses is another mechanism for punishing an employee and is used as measures of influence for failure to comply with working hours and failure to fulfill labor duties. To deprive an employee means to reduce the amount of established bonus payments or completely deprive them of such incentives.

This is a completely fair punishment, since the bonus is a component of the employee’s income, and therefore is the same reward for the worker’s work as a salary. Therefore, if an employee has not fulfilled the clauses of the signed contract and job responsibilities in accordance with the instructions, then a bonus for labor efficiency is not assigned to him.

Is a fine possible?

The concept of “fine” is used only as punishment for an offense in the form of monetary contributions to the state’s income. In the Labor Code this designation not secured. Therefore, such penalties for labor violations and failure to comply with discipline cannot be applied to an employee, since this is illegal.

The employer does not have the right to indicate disciplinary measures, such as a fine, in local acts, since this in itself is a fact of violation of labor standards and the subject for initiating administrative proceedings.

Is it included in the work book?

Labor legislation does not allow the inclusion in the work book of information regarding disciplinary measures that were applied in connection with the employee’s misconduct.

This document contains, in addition to information about the employee, his movements (transfers) within the enterprise, rewards for labor results, as well as the grounds that served as the reason for terminating the contract. The exception is happening, if dismissal serves as a disciplinary measure.

Is it possible to hold remote employees and part-time workers accountable?

In relation to remote employees or part-time workers with whom an agreement certified by an electronic signature was concluded, similar measures responsibilities similar to those that apply to ordinary employees of the organization. The legislator has not provided any relief for this category of employees in terms of penalties for violations committed during the working period.

Employees hired to work remotely perform their job duties in accordance with agreement and current instructions. The reason for their dismissal is the grounds that were defined and specified in the agreement, therefore, disciplinary sanctions for violations and unfair labor are applied to them by analogy with employees who perform their duties on the employer’s territory.

Labor discipline at an enterprise requires not only compliance, but also competent organization, therefore it is extremely important to analyze each identified violation in detail in order to further analyze the current situation and apply an adequate penalty.

Additional information is in the video.

Each institution operates in accordance with internal labor regulations - this is stated in labor legislation. The law attaches great importance to discipline. Violation of labor discipline entails serious consequences, which every employee should be aware of. In this article we will look at all types of labor violations, penalties for them, as well as examples of non-compliance with discipline.

Work discipline – what do you need to know?

Production discipline presupposes compliance with 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 team to fulfill its obligations (Labor Code of the Russian Federation, Article 190). If this is not done on time, responsibility for failure to comply with work discipline falls on the shoulders of the employer, not the workers.

Production discipline presupposes compliance with 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):

Compliance with labor standards established by the institution.
Careful attitude towards.
High-quality performance of work duties.
between managers and subordinates.
Notifying the general director of the enterprise about an emergency situation.
Compliance with the rules and requirements of regulations adopted by the management of the enterprise.

Failure to comply with these points constitutes 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 production: violation of management, regime and technological standards.

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

Regular non-compliance with discipline can include an employee’s ignoring the work schedule and the need to rest. Technological offenses are responsible for the release of products and their rejection, and managerial offenses are responsible for non-compliance with subordination and incorrect coordination of the enterprise’s workforce.

Failure to fulfill official duties is divided according to the place, method, timing, form and scope of execution.

The main violations of labor discipline include:

Misconduct related to labor protection that 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.
Absenteeism or untimely departure from the workplace.
Refusal to undergo training to improve the employee's qualifications.
Failure to undergo a medical examination in a timely manner.
to the workplace.
Deliberate disregard for the rules and regulations of labor discipline.
Theft of organization property, its damage.

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

Penalties for violation of discipline

Punishment measures for misconduct include reprimand, reprimand (LC RF, Art. 192).

The remark does not entail significant consequences, however, a document must be drawn up by the manager regarding the fact of the act. A sample act of violation of discipline reflects the essence of the offense, the worker’s explanation and the measures taken.

Punishment measures for misconduct include reprimand, reprimand and dismissal.

The reprimand can be ordinary and severe. Both of them are not included in the work book, but their recording in the order is mandatory. Receiving two or more reprimands may result in termination.

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

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

For the preferential class of workers (part-time pregnant women), special penalties are provided.

Drawing up an act of committing a 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 explanations

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

Issuance of an order to impose 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 offense, its type, date and moment of commission, and also 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 employee’s production manager.

This normative act is not displayed in the work book.

The employee is given three days to familiarize himself with the order and sign it.

Drawing up an act on the removal of punishment

If the employee has not committed any misconduct during the year, the penalty is eliminated. If the management of the organization decides to remove the punishment from the employee early, a corresponding act is drawn up. The reasons for canceling the punishment should be reflected here.

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

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

An example of non-compliance with 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 tardiness. A one-time violation can be left without punishment, since the reasons may not depend on the employee.

Systematic lateness to work may be punishable by a fine, a severe reprimand, and if late by 4 or more hours, by dismissal.

Each employee of the enterprise must clearly know his rights and obligations, as well as penalties for committing offenses. Penalties for violation of work discipline must have valid grounds. Unreasonable 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 the managers will be held accountable.

Therefore, we can distinguish three type of disciplinary offenses:

culpable violation by an employee of technological standards ( technological);
culpable failure or improper compliance by the subject of labor law with the norms of subordination and coordination in the process of labor management ( managerial);
culpable failure by the subject of the labor relationship to comply with the rules governing working time and rest time ( sensitive, i.e., violating the “working hours” - Art. 100 Labor Code of the Russian Federation).

The type of disciplinary offense influences the procedure for establishing circumstances indicating non-fulfillment or improper compliance by an employee with his work duties.

Thus, when producing defective products, the employee’s guilt 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 working hours). The investigation of managerial misconduct involves identifying the person responsible for the employee’s failure to comply with the legal order of the head of the production process.

The law provides for disciplinary liability for violation of labor discipline. But not every employee violation is a disciplinary offense. Let's consider what exactly can be classified as such offenses.

What can they be punished for?

Punishment may occur if the employee has committed a disciplinary offense. The legislator defines this offense as:

failure to fulfill labor duties through the fault of an employee;
performing job duties improperly (this must also be the employee’s fault).

The following are not a disciplinary offence:

any violations on the part of the employee that are not related to his work duties;
if the negative circumstances that arise are not the employee’s fault;
if there is no causal connection between the violation of duties on the part of the employee and the negative consequences that occur.

Violation of labor discipline

Labor discipline is the general rules and requirements established in the organization. Such rules and responsibilities are fixed in the company’s regulatory legal acts, for example, in labor regulations.

Discipline is ensured by the creation of economic and organizational conditions that are necessary for normal, highly productive work.

In order for the employer and employee to clearly understand who is responsible for what, the job responsibilities of all employees must be described in detail. All persons hired must be familiar with them. Labor responsibilities are fixed in the employment contract. They can be reflected in more detail in the individual job description.

What measures can be taken?

Disciplinary liability in labor law provides for the following types of penalties:

reprimand (the mildest punishment);
rebuke;
dismissal (the most severe punishment).

For some employees, the law may provide for other types of punishment. For example, a severe reprimand may be applied to customs officers, and to employees of the prosecutor's office - deprivation of a badge or a reduction in class rank.

How to choose a specific measure?

The legislator did not provide a specific list of violations for which the employer has the right to choose a specific punishment. Only the grounds for dismissal are listed when the termination of the employment relationship is due to the employee’s violation of his duties.

When choosing a punishment, the employer must adhere to the following rules:

it is necessary to take into account the consequences of the violation, its severity and other objective circumstances;
For minor violations, the most lenient punishment can be applied;
For each disciplinary offense, only one penalty can be applied (for example, it is not allowed to announce both a reprimand and a reprimand);

Financial liability is not a disciplinary sanction. In this regard, when holding an employee financially liable, the employer has the right to apply one corresponding penalty at the same time.

Application of penalty

Before an employer takes action against an employee who has committed a violation, the employee must be given the opportunity to explain himself. The employer must require the employee to write an explanatory note. If the employee refuses to explain, then after two days the management has the right to draw up a report about this. Based on the explanation or the act of failure to provide explanations, management must issue an order to apply the disciplinary sanction chosen by it. This order must be announced to the violator against signature within three working days. These days do not include employee absence. If the employee refuses to familiarize himself with the order and sign the order, then management should draw up a report about this.