Types of violation of labor discipline: disciplinary offense. Types of labor discipline violations

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 an organization, from the manager to the lowest level. This includes the following accepted by the enterprise:

• internal labor regulations,
• rules labor protection,
• corporate ethics and so on.

Download documents on the topic:

What are the types of labor discipline violations?

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

• 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.

Read also on the topic:

• Rudeness towards a client may be considered a violation of discipline
• Legal norms of labor legislation: what an employer must not violate

Responsibility for violation of labor discipline

According to labor legislation RF, each employee is responsible for observing 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 him by signature. labor activity.

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 Labor Code of the Russian Federation, the employer has the right to apply to the employee the following measures collections:

• 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 is taken out if 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. Reprimand in work book is not entered, but is recorded in the order for the enterprise. This action is noted in the employee’s work book only if, as a result, improper performance labor responsibilities 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 personnel service. 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.

To apply one or another penalty to an employee, it is necessary to determine which of the violations of labor discipline his offense can be attributed to. In the article we will consider in detail the types of violations of labor discipline, as well as the procedure for penalties for violations.

Violation of labor discipline

Labor discipline refers to rules of conduct that are mandatory for all employees of an organization, including its manager. Labor discipline includes rules such as internal labor regulations, labor protection, corporate ethics, etc.

Important! Labor discipline must be observed by all company employees, including the manager and ordinary ordinary workers.

Each company develops its own rules for itself. According to the labor regulations, for example, they contain the features of discipline and the labor process itself and include the start time of work, its end, bonuses and other issues, that is, they represent instructions for workers on the work process. They are developed by the employer, after which he approves and ensures their implementation.

Types of labor discipline violations

Depending on what labor process standards are established in the organization, violations are distinguished: managerial, technological and regime standards.

A violation of management norms is understood as a violation of subordination, a technological violation is understood as a violation of the production process, and a violation of regime norms is understood as a violation of the work or rest schedule. For example, a technological violation will be recognized as the release of defective products due to the fault of an employee, and a security violation will be the employee’s absenteeism, systematic lateness to work, or leaving work earlier than the scheduled time. Insubordination means an employee’s disobedience to his immediate superior or refusal to comply with written orders from the head of the company.

At the same time, two concepts such as financial responsibility and disciplinary violation should not be confused. An employee’s financial liability may arise not only during labor relations, but also after their completion, if it was applied during work.

Depending on the type of disciplinary violation, an investigation into its cause is carried out, as well as the collection of documents necessary to confirm the violation.

Violations of labor discipline include:

• The appearance of an employee in a state of alcoholic (drug) intoxication at the workplace;
• Violation of labor protection by an employee, which led to an accident or accident;
• Absenteeism;
• Damage to the employer’s property (including equipment), its waste or theft;
• Repeated lateness of the employee both at the beginning of the shift and after lunch break, or leaving work before finishing working day or for lunch;
• Disclosure by an employee of a trade secret;
• Failure to perform or improper performance by an employee of duties in accordance with the quality requirements established by the enterprise;
• An employee’s refusal to undergo a medical examination or training if it is necessary to perform job duties;
• Gross insubordination;
• Committing an immoral act;
• Deliberate disregard for orders or instructions from management;
• Deliberate failure to comply with company rules and regulations.

Such offenses as an employee showing up at work while drunk, theft, or multiple absenteeism constitute gross violations of labor discipline.

Responsibility of an employee in case of violation of labor discipline

Every employee, regardless of his position, is required to observe labor discipline in the organization. When hiring a new employee, he must be familiarized with all the rules that govern him, against his signature. work activity, namely, with internal labor regulations, job descriptions, labor protection rules, etc.

Let's consider what penalties can be applied to employees (Article 192 of the Labor Code of the Russian Federation):

• Comment;
• A reprimand, as well as deprivation of an employee’s bonus, if provided for in local acts organizations;
• Dismissal.

A reprimand does not threaten the employee with any troubles; it is issued if the offense committed was the first for the employee in his work activity, and the violation cannot be classified as gross and it did not lead to severe consequences for the enterprise. If an employee soon commits another similar offense, this will indicate a systematic violation of labor discipline.

Important! For a one-time non-gross violation of labor discipline, the employee only faces a reprimand. In case of systematic misconduct or gross violation, he faces a reprimand or dismissal.

A distinction is made between strict and ordinary reprimand. It is not entered into the work book, but it must be recorded by order. A labor reprimand can be included only if the result of systematic violations of labor discipline is the dismissal of the employee.

Dismissal constitutes last resort penalties are applied when a gross disciplinary violation is committed, or if an employee systematically violates labor discipline and does not fulfill his job duties. For example, a teacher educational institution may be fired for committing an immoral act.

Collection procedure

Based on legislative acts and information received by the manager about violation of labor discipline, he makes a decision on punishment. In this case, the violation must be justified, and the punishment is commensurate with the offense committed by the employee.

Having collected the necessary information, they draw up an act of committing a disciplinary offense by the employee. Such an act is drawn up by the head of the organization or the immediate supervisor of the employee in the presence of 2 witnesses. It is compiled in two copies. The form for such an act must be approved in the company's internal regulations. The rules also establish the persons responsible for drawing up this act.

The employee must in writing give an explanation for the disciplinary offense he committed. If the employee refuses to give the required explanations, this fact is recorded in special acts.

The employee’s written explanations are attached to the violation report and the employee’s supervisor’s report is submitted to the head of the company to decide on punitive measures.

Important! The manager, having studied the circumstances of the violation and the available documents, makes a decision on the type of penalty and issues an order to impose a penalty.

The order must contain a description of the disciplinary offense, the date and time of its commission, as well as the type of penalty. In addition, the document specifies a document regulating the procedure for the penalty applied. The order is signed by the head of the organization, the boss of the punished employee, as well as the head of the personnel department. The employee must familiarize himself with it and sign it no later than three days after the order is issued. A copy of the order is filed in the employee’s personal file.

Such actions, among others, may include:

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

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

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

Help In the most general view PVTP usually include:

1. general procedure for hiring, transferring and dismissing employees;
2. rights and obligations of employees and employers in relation to each other and other team members;
3. operating procedures of the company and its individual divisions;
4. work and rest schedules for various categories of company employees;
5. the procedure for applying penalties and incentives used in the organization;
6. other issues regulating the rules of labor activity at the enterprise.

The text of the developed document is approved in accordance with the established procedure by the head of the company. If the organization has a trade union, 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 norms);
• violation of working hours and rest time (violation of regime norms).

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

Violations of labor discipline

In case of systematic delays, Ivanov A.A. a reprimand may be issued, but the law does not allow a reprimand to be issued immediately after the first offense. A reprimand may result, for example, from failure to fulfill his official duties by the warehouse manager V.V. Petrov, which resulted in financial losses for the enterprise in the form of failure to sign an agreement with suppliers. The employee may be given a regular or severe reprimand (at the discretion of the employer).
A one-time violation that entails dismissal can be an employee’s appearance 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 help of a professional lawyer competent in matters of 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 report from the employee’s immediate superior are attached to it. This package of documents is transferred to senior management in order for a decision on recovery to be made. Order to impose a penalty After studying the circumstances of the disciplinary offense committed 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 forms No. T-8 and No. T-8a, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval unified forms primary accounting documentation for the accounting of 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 the lunch break or at the start of the working day;
• unacceptable appearance– presence at the workplace in a state of intoxication (alcohol, drugs or toxic);
• neglect of labor protection and safety rules, which led to an accident or accident;
• cases of theft of company property, its damage;
• inadequate level of fulfilled obligations (low quality, non-compliance with established requirements);
• disclosure of an organization's trade secrets;
• non-compliance with subordination (disobedience to orders from superior employees, disregard for the hierarchy that has been established in the company);
• committing an immoral act.

If a fact of non-compliance with the rules is detected, a report 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 a violation of labor discipline for an employee should keep in mind that deprivation of a bonus is not considered current legislation as such. This means that organizations are not prohibited from applying this type of sanctions to employees who have committed a particular offense. However, this is only possible if such a measure is directly provided for by the regulations on remuneration or bonuses in force in the organization.

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

The result of the commission meeting 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 minor offenses and are often limited to verbal remarks.
For example, employee Ivanov. A.A. violated the work schedule by showing up for work an hour later than the allotted time without good reason. In this case, the employer may limit itself to a verbal warning, which is issued in the form of a disciplinary violation report.

Violation of labor discipline example and consequences

The document is drawn up by the employee’s immediate supervisor in the presence of two witnesses in two copies (one immediate supervisor passes it on to senior management to make a decision on penalties, the other copy is handed over 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 from the employee The employee is required to provide written explanations regarding the disciplinary offense he has committed (it is recommended to require explanations in writing so that this fact is recorded).

Info

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

• observe labor discipline;
• comply with established labor standards;
• comply with labor protection and occupational safety requirements;
• treat with care the property of the employer (including the property of third parties owned 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 employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property).”

In addition to the basic requirements, labor discipline rules may also specify other responsibilities of employees related to the specifics of each organization.
Responsibility for violation of labor discipline According to labor legislation, each employee is responsible for compliance with labor discipline at the enterprise and each employee must be familiar with the internal labor regulations, labor protection documents, job descriptions and other documents regulating his work activity, against signature. If an employee violates labor discipline, the employer has the right to apply penalties at its discretion, depending on the severity of the offense. The procedure for punishment for a disciplinary offense Punishment for violation of labor discipline is established by the head of the enterprise on the basis of legal norms and available information.
Act on the commission of a disciplinary offense When an employee commits any disciplinary offense, a corresponding act is drawn up.
On the Constitutional Court of the Russian Federation" dated July 21, 1994 No. 1-FKZ, a disciplinary sanction may be imposed on a judge of the Constitutional Court in the form of:

• warnings;
• termination of powers.

The Labor Code of the Russian Federation prohibits the use of disciplinary sanctions 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 note on disciplinary action in the form of dismissal is entered in the work record book, and dismissal for violation of labor discipline can forever ruin a professional biography. However, dismissal for labor misconduct is possible only if, in the presence of a disciplinary sanction (remark or reprimand), a violation is committed again.

Labor discipline - an indispensable component of any labor relationship. We’ll tell you today what this term is, what it means to follow labor discipline, and what responsibility for labor misconduct is provided for by law.

The concept of labor discipline

Labor discipline- This essential element the relationship between employer and employee, which is represented by 2 components.

• the employer’s activities in developing and adopting internal labor regulations, job descriptions and other local documents that determine the behavior of employees in the workplace and during the performance of work duties;
• worker behavior aimed at compliance with established rules and labor standards.

Local labor regulations can coordinate:

• procedure for hiring and termination of employment relationships;
• operating mode (duration working week, working day, availability of breaks and weekends);
• list of positions with irregular working hours;
• duration of the vacation period for different categories of employees;
• procedure and terms of salary payment;
• measures to reward and punish employees.

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

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

Labor discipline and legislation

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

The peculiarities 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— Labor Code — issues related to labor discipline are covered in separate laws regulating different kinds professional activity. Among them:

1. Federal Law “On railway transport in Russia” dated January 10, 2003 No. 17-FZ (Article 26 “Labor discipline in railway transport”).
2. Federal Law “On state regulation in the field of coal mining and use, on the peculiarities of social protection of employees of organizations coal industry" dated June 20, 1996 No. 81-FZ (Article 25 “Providing labor disciplines»).
3. Federal Law “On the Central Bank of the Russian Federation” dated July 10, 2002 No. 86-FZ (Article 88).

TO regulatory documents labor discipline can also include the entire list of internal documents of the organization, establishing the procedure for the activities of both the entire team and individual officials. These undoubtedly include local labor regulations and collective agreement, And job descriptions.

What is a violation of labor discipline

Violation of labor discipline consists of non-compliance or insufficient compliance with legislative norms and internal labor regulations. Moreover, the employee’s actions must be either intentional or careless. That is, there is always a guilty component. If the violation of labor duties was a consequence of the employee’s insufficient qualifications or lack of normal working conditions, that is, it did not depend on the will of the employee, it is impossible to talk about non-compliance with labor discipline.

An approximate list of labor misconduct is provided Labor Code(for example, Article 81) and in the resolution of the plenum of the Supreme Court of the Russian Federation No. 2 (clauses 34-44). Moreover, the resolution 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 cannot.

Failure to comply with labor discipline is unpleasant due to its consequences, which consist in the imposition of various disciplinary sanctions on the employee, depending on the severity of the violation committed, the primacy of the offense or the regularity of non-compliance 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 discipline regulations may provide for other types of disciplinary sanctions. For example, in accordance with Art. 15 federal law“On the Constitutional Court of the Russian Federation” dated July 21, 1994 No. 1-FKZ, a disciplinary sanction may be imposed on a judge of the Constitutional Court in the form of:

• warnings;
• termination of powers.

The Labor Code of the Russian Federation prohibits the use of disciplinary sanctions 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 for violation labor disciplines- dismissal “under article”. The fact is that a note on disciplinary action in the form of dismissal is entered in the work record book, and dismissal for violation of labor discipline can forever ruin a professional biography.

However, dismissal for labor misconduct is possible only if, in the presence of a disciplinary sanction (remark or reprimand), a violation is committed again. 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 in the workplace;
• disclosure of state secrets, commercial or official secrets, personal data of employees, if the employee has undertaken not to disclose them;
• committing theft (regardless of the size), embezzlement, intentional destruction or damage to property in the workplace, the fact of which is established by a court verdict, a judge’s decision or a government agency considering administrative offenses;
• violation of labor protection requirements, due to which an accident, catastrophe, industrial accident occurred or was real threat such incidents;
• loss of trust on the part of management in an employee working with material assets, as a result of the worker’s guilty actions;
• immoral act of a teacher;
• a single significant labor violation on the part of members of the organization’s management team;
• forgery of documents by an employee when applying for a job;
• loss or destruction of property as a result of an unjustified decision by the management of the enterprise;
• in other legally established cases.

Procedure for applying disciplinary sanctions

The procedure for punishing an employee for perfect violation labor duties and discipline are subject to strict rules.

1. Before imposing a penalty, you must obtain an explanation from the employee about what happened. The employee is given 2 days to explain. If it is not received within this time, the employer draws up an appropriate report about this. The absence of explanations does not prevent the employee from being punished.
2. Punishment must be applied to the violator no later than 1 month from the date of discovery of the offense, excluding periods of illness and vacation of the guilty employee, as well as time to express the opinion of the trade union.
3. A disciplinary sanction cannot be imposed after six months from the date of the incident, and if an audit or audit is required - after 2 years. These deadlines do not include the time required to conduct a criminal case.
4. A single disciplinary sanction may be imposed for one labor violation.
5. The employee must be familiarized with the management's order to impose a penalty against signature within 3 working days, with the exception of the time the worker is absent from the workplace. A corresponding act is drawn up regarding refusal to familiarize yourself with the order.
6. The penalty is lifted after a year, provided that there are no new labor violations or other disciplinary sanctions. The manager, by his decision, can lift the penalty earlier on his own initiative, at the request of the employee himself or his immediate superiors.

Features of disciplinary liability of the organization's management

Disciplinary sanctions can 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, an employer, having received a message from a trade union about violation of labor duties by management, is obliged to consider it and make a decision.

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

The following may act as an employer for a director:

• founders of the organization;
• Board of Directors;
• meeting of shareholders;
• another governing body that 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.

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 labor law norms of subordination and coordination in the process of labor management ( managerial);
• culpable non-compliance by the subject labor relations rules governing work 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, or 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.