Ethics violation. Ethical violations in the organization. The problem of harming the patient. Professional risk in the activities of a health worker

Violation of ethical standards. Recently, more and more attention has been paid to the ethical aspects of the activities of organizations. However, it is important to remember that ethics (like a goal), as a social concept, is not inherent in organizations, but in people. Although in extreme cases, under the pressure of financial circumstances, managers may commit unethical acts, this does not necessarily mean that they do not adhere to ethical standards of behavior at all. The pressure exerted can be so great that actions that are not ethical from a universal point of view, by the firm in the circumstances, can be regarded as the most acceptable and beneficial for the organization. (Task 16.6 at the end of the chapter provides an example of a situation where unethical actions may be taken in response to a financial situation.)

For violation, licenses to carry out auditing activities by the bodies that issued them may be canceled in cases

Let us dwell in more detail on such a very common violation of the ethical standards of auditing as a violation of the principles of confidentiality.

The term propaganda is heavily compromised by politicians and businessmen, for whom the goal - to attract supporters (buyers) and expand the sphere of influence - justifies the arbitrary treatment of facts, the violation of ethical norms, up to the dubiousness of the public and the manipulation of public opinion.

The association enforces the code of ethics, investigating all complaints of its violation and taking disciplinary action against any member who is found guilty of violating ethical standards.

Violation of ethical standards

In the course of a study of the motives of the activities of sellers of small enterprises and private firms in one of the countries in the transition period of economic development, a certain egoistic orientation of their activities, arrogance, frequent violations of ethical standards, but at the same time the desire for independence, realization of their capabilities, professional growth . The merchant becomes the driving force in that sector of the economy where private ownership of the implements and means of production predominates. In this sense, his motivation is inherent in the fundamental features of volitional activity due to his desire to achieve extreme complacency, avoid difficulties, independence (freedom of action) in own business, making a profit.

Compliance with the Codes of Ethics is quite strictly controlled by national PR associations. The presidents of these associations appoint boards to deal with violations of ethical standards. There are two types of punishment for such violations - warning of unprofessional behavior and expulsion from the membership of the Association. True, it is believed that many misdeeds happen unintentionally and do not seriously undermine the reputation of the profession. It happens that members of ethics councils make mistakes. Therefore, the punished person retains the right to appeal.

D. Tell your friend that you, as a PMP professional, must follow the PMP's code of conduct and code of ethics, and that this situation may be considered a violation of ethical standards.

Illegal - FHJ, which took place as a result of violations of the current legislation, moral and ethical standards.

The Code of Ethics for Auditors summarizes the ethical standards of professional behavior of independent auditors, defines the moral, moral values ​​that the audit community asserts in its environment, ready to protect them from all possible violations and encroachments. Compliance with universal and professional ethical standards is an indispensable duty and the highest duty of every auditor, manager and employee of an audit firm.

Rule 2: A consultant must not accept an assignment or engage in any work that violates the law or certain ethical standards, and must immediately withdraw from work if such a violation is discovered.

While the information gathering techniques we offer are completely legal, some techniques are ethically questionable. It is known that some companies, in order to pump out the information they are interested in from the competitor's employees, specifically announced their hiring and demanded from candidates. Although companies are prohibited from taking aerial photographs of competitors' factories, such images are easily found in the materials of the American Geological Society or the Environmental Protection Agency. Some companies do not hesitate to buy competitors' garbage, which is considered no one's property after it is taken out of the enterprise. Clearly, a company needs to develop effective ways of acquiring information about competitors' activities without violating the law or ethical standards. Some of the most effective techniques are described in the box A Marketer's Checklist. Winning the competition with guerrilla market research.

So far, we have been talking about conducting competition within the framework of the law and ethical standards. However, there is also unfair competition. Unfair competition - methods of competition associated with the violation of the norms and rules of competition adopted in the market. Such practices include dumping taking control of a competitor's activities in order to stop that activity abusing dominant market positions setting discriminatory prices or commercial terms making the supply of specific goods or services dependent on accepting restrictions on the production or distribution of competing goods bid rigging and the creation of secret cartels spreading false information and advertising, borrowing trademarks, copying (imitation) of competitors' products, violating quality, standards and conditions for the supply of goods and services. Unfair competition in most industrialized countries is prohibited by relevant anti-illegal business practices, consumer protection, monopoly controls, and civil penal codes.

Ethical responsibility comes in case of violation by the head of ethical standards, which are a system of common values ​​and rules of ethics, the observance of which is mandatory for all employees of the organization. Ethical norms include assessments of the meaning of life, the purpose of a person, the content of good and evil, moral duty, moral principles and ideals (nobility, politeness, endurance, humanism, trust, unity of word and deed, sincerity, truthfulness, adherence to principles, self-control, modesty). Responsibility is realized in the form of a change in public opinion about the leader, issuing him a public censure, announcing his inadequacy of the position for ethical reasons. There are quite a lot of examples of the implementation of such responsibility in world practice.

Studies have shown that corporate ethics are most often violated by senior managers (perhaps because they tend to be people who can think big, and therefore consider ethical issues as a trifle not worthy of attention). However, this does not mean that the violation of ethical principles is not characteristic of managers of other levels. Such violations include bribes, the use of the organization's funds for personal purposes (for example, long-distance telephone calls at the expense of the organization).

Risks caused by the consequences of illegal or incompetent decisions individual workers. These risks arise when the bank's executives exceed the established decision-making powers (in terms of the composition and volume of transactions), non-compliance by the bank's employees with the established procedures for conducting transactions, as well as violations of the rules and ethical standards established in the organized markets of financial instruments (securities, other stock valuables, foreign currency, precious metals).

The most important types of operational risks are associated with violations of the VC process and bank management. These violations can lead to financial losses when errors are made, or cases of fraud, or failure to timely take into account the interests of the bank that have changed under the influence of market trends, or such an impact on the interests of the bank when they are otherwise jeopardized, for example, when dealers, credit or other employees exceed their authority or perform their duties in violation of accepted performance standards, ethical norms or reasonable risk limits.

These can be very different and sometimes unexpected and original means, since the tasks and functions of the PR themselves are very broad and also often non-standard. Therefore, the arsenal of means of a PR specialist can include everything that ultimately, without violating legal and ethical standards, gives the planned result.

Especially many works are devoted to the so-called "prisoner's dilemma", known, as A. Rapoport notes, since the beginning of the 50s [Rapoport. C. 155J. The behavior of A1E0 is typical for an "economic person" who, by definition, is ready to violate ethical norms in situations of impunity [Kozlowski. 1996. S. 61].

There are a number of specific things that managers should do in order to guide ethical behavior36. First, they are required to set an example of such behavior and uphold the traditions of decency. Company decisions must be considered ethical, as actions speak louder than words. Secondly, managers and employees should be educated about what is ethical and what is not possible, ethics training programs will have to be organized and gray areas discussed. Everyone should have the right to raise questions of an ethical nature, and the corresponding discussions should be considered fully justified. Third, senior management should regularly emphasize their unconditional support for the code of ethics and take a firm stand on this issue. Fourth, senior management must be prepared to act as the final arbiter in serious cases, which means removing people from key positions or firing them in case of ethical violations. It also means punishing those who carelessly enforce these norms. Failure to quickly and decisively punish ethical misconduct is seen as a lack of adherence to the relevant norms.

It goes without saying that employees who are to be disciplined must first of all be aware of existing standards of conduct. A question repeatedly asked by Carl Skuglund, Director of Ethics at Texas Instrumente, was "To what extent are we sure that employees were aware of the incorrectness of their actions" In fact, two thirds of the calls to the ethics department of Texas Instrumente contained messages about ethical issues, not information about violations of ethical standards.

Such negative consequences must be taken into account when making decisions. In ch. 3, we emphasized the need to take into account the interdependencies of intra-organizational variables and gave several examples of the possible negative consequences in the absence of

1. Ethical violations in the organization

Serious ethical issues are currently emerging at the micro level, within organizations, in areas such as:

Adoption management decisions;

Relationships between managers and subordinates;

Official revelations;

The position of women in the organization;

mutual services.

There are four groups of main arguments justifying the adoption of managerial decisions that are incorrect from an ethical point of view:

Confidence that this activity does not go beyond ethical and legal norms, i.e., in fact, is not immoral;

Confidence that this activity is in the interests of the individual or corporation and that such actions are expected;

Confidence that the activity is “safe” as it will never be discovered and made public;

Confidence that because the activity helps the organization, it will be lenient and even protective of the person doing it.

A significant number of people who find themselves in an ambiguous business situation consider all those actions that were not prohibited to be correct. Senior leaders rarely ask their subordinates directly for illegal or careless actions, but often make it clear that they would rather not know about something, while hinting at a significant reward. Line-level managers usually do not have clear instructions about which aspects of their activities will be overlooked and which will be condemned.

Ambitious managers are looking for ways to attract attention, stand out from others. Some people think it's easy to look good in the short term if you avoid things that will only work in the long term (for example, you can ignore the repair service, or retraining, or the problem of improving the customer experience). Managers are often promoted on the basis of "great" results achieved in these ways, and their less fortunate successors are held responsible for earlier decisions. Many cases of illegal behavior in organizations are never investigated. In moments of crisis, the boundaries of unacceptable actions are generally “forgotten”.

The relationship between superiors and subordinates affects the whole character business communication, largely determining its moral psychological climate. This concerns, first of all, how and on the basis of what orders are given in the management process, what service discipline is expressed in, whether subordinates participate in decision-making, by what methods subordinates are encouraged to take more active actions, to what extent their individuality is taken into account.

A significant part of people, meeting in organizations with egregious facts of waste, deceit or corruption, does nothing to expose them. Starting from childhood, informing elders about the unseemly deeds of peers, and later - colleagues or direct superiors is perceived by many very negatively. From an ethical point of view, there is indeed a moral dilemma in such situations. The question arises about the criteria for the correctness of this kind of information.

Every year the proportion of women in production, management, public service is continuously increasing. Women are increasingly entering paid employment and professions. But, despite the progress made in the position of women in the organization, they continue to face serious problems, including: earnings, unlike men working in the same field, are lower; limitation career advancement to senior management positions (the so-called "glass ceiling"); sexual harassment affecting activities and future careers.

Often in business relations, problems are solved in violation of the existing legal, economic, moral order, by using the position of individuals who have privileged access to goods and services. In the system of reciprocal services, the recipient is obliged to return the service sometime in the future, but - with "interest". And when the service is returned, the person who previously rendered it is again obliged to repay for this even greater service. Growing, the system of this kind of informal relationship on the principle of "you - to me, I - to you" destroys the existing official relations between people and organizations. The situation with illegal or immoral receipt of certain goods or services can take an ethically more complex form, when a person represents not his own interests, but the interests of the organization, i.e. its staff, customers, consumers. A cultural tradition closely associated with the system of reciprocal favors is gifts. Giving or receiving a gift means much more than just a friendly gesture. Difficulties in the traditional gift exchange are associated with the establishment of criteria for distinguishing a gift from a bribe and the corresponding assessment of staff behavior.

Based on a survey of executives various organizations in the United States, the following ethical issues that arise in business relationships have been identified:

Concealment of facts and incorrect information in reports during inspections;

Release of low-quality products or the need for its constant maintenance;

Overpricing or outright deception in business negotiations;

Excessive self-confidence in judgments, which can lead to damage to the interests of the company;

Unconditional obedience to leadership, no matter how unethical and unfair it may be;

Presence of favorites;

Inability to express one's indignation and disagreement in an atmosphere of constant unethical acts;

Inability to pay due attention to family or personal affairs due to the abundance of work;

Production of products with questionable safety characteristics;

Failure to return any things or valuables taken at the workplace, from colleagues or from company funds;

Deliberately exaggerating the benefits of your work plan to gain support;

Exaggerated attention to moving up the hierarchical ladder to the detriment of the interests of the case;

Moving up the career ladder "over the heads" of colleagues;

Deception of employees in order to obtain benefits for the company;

Forming alliances with dubious partners in the hope of a fluke;

Delays and delays in the performance of their duties, which leads to a waste of time and money for the company;

Providing a negative impact on the socio-political process by amending the legislation for bribes.

To a large extent, this list of problems is also valid for Russian conditions. Managers and employees who face such problems cannot follow only what they have learned about morality in their families, from teachers, in the church, etc., in order to solve them. Often, immoral decisions are made and impartial acts are committed by people who are extremely honest. and have the best intentions. Modern business relationships are extremely saturated with ethical issues. To solve them, it is necessary to develop certain approaches, establish "rules of the game" that contribute to the successful fulfillment of professional tasks by participants in business relations and the coordination of interests business sphere and society.

Nikolai S., having worked in an insurance company for about a year as an economist, was appointed to the position of head of the civil liability insurance department. This was facilitated by a number of important circumstances that were taken into account by the company's management when making such a decision.

Nicholas S. had a good basic education, knew foreign languages, was sociable, energetic, executive. During his time in the company, he has grown as a specialist, demonstrating outstanding abilities. However, the very first working day of Nikolai S. as a leader was not a success. If, on the whole, the staff of the department met him kindly, but one of the experienced employees, Valentina Grigorievna, defiantly refused to recognize the new leader. In response to the request of Nikolai S., which he addressed to all employees, to submit reports on the work for the past month for review, Valentina Grigoryevna stated the following:

“I have been in the department for twenty years. Your predecessor as head of the department, Ivan Mikhailovich, whom we recently retired with honors, never checked my work. He was always confident in my qualifications and diligence. For the work that I did during these years, I was repeatedly encouraged. Your distrust of me as a specialist offends me.”

Question: What decision should Nikolay S., head of the department, make? Suggest your own version of the manager's sequence of actions in a similar situation.

In my opinion, Nikolai S. should explain to the employee that this is not a personal check of her, this is a group report of the department to the higher management. Thus, Nikolai S., as an experienced manager, must apply the method of persuasion to an employee, which will undoubtedly give positive results.

Thus, the actions of Nikolai S. should follow the following plan:

2. control

3. application of administrative measures

If the employee does not understand and does not fulfill the duties assigned to her, in this case the manager has the right to apply administrative measures to her - from a reprimand to dismissal.

If you are a manager, which of your tasks and powers would you like to delegate to subordinates?

In any case, you need to delegate:

routine work;

Specialized activities (i.e. activities that your employees can perform better than you);

Private questions;

Preparatory work (projects, etc.). In general, in each specific case, check any of your upcoming cases for the possibility of delegation. The principle here is extremely simple - everything that employees can do must be done by employees. To get started, try to evaluate such types of work as:

o preliminary formulation (but not the final fixation!) of goals, plans, programs and projects on which you must make decisions.

o attending meetings instead of you, where your projects and proposals can be presented by your employees.

Never delegated:

Goal setting;

Final decision on strategic issues;

Control of results;

Employee motivation;

Tasks of special importance (tasks of group A);

High risk tasks;

Unusual, exceptional cases;

Actual, urgent matters that leave no time for explanations or rechecking;

Confidential tasks.

Delegation should be used in case of significant changes in the working situation that require the redistribution of functions and powers, namely:

When changing the structure of personnel (new appointment, promotion, dismissal, etc.);

When reorganizing or restructuring a department (company, division);

In crisis situations;

In the event of the emergence of new areas of activity or a change in competence.

6. Comment on any two statements: As part of this question, students need to give 5 quotes, aphorisms in the field of management (indicating the author of the statement and the source, as well as their attitude to this statement).

"If a person does not have the data to become a leader, you cannot teach him - teach not teach - you will not teach." (A.P. Lukoshin)

It is difficult to agree with this opinion, in my opinion, leaders are not born, leaders become. And I am sure A.P. Lukoshin himself was not a star of leadership from the very beginning.

All management, in the end, comes down to stimulating the activity of other people (Lee Iacocca)

One of the most important functions of a manager is to stimulate the active work of his subordinates. If people have an incentive, then they will work at full strength and the control function will recede into last place.

When we try to pull out one thing, it turns out that it is connected with everything else (R. Moore). the meaning of the statement is that there are no separate cases and problems in the organization - everything is interconnected. If a manager solves one problem, then it is quite possible that he will have to solve another.

The only process of its kind that unites science, technology, economics, business and management is the process of scientific and technological innovation. It embodies the knowledge that a competent leader, an efficiently working scientist, engineer, intelligent official and just an educated member of society must have tomorrow. This is the process of transforming scientific knowledge into a physical reality that changes society (I.R. Bright). the meaning of the statement is that at present, for the development of an organization, the most important thing is the introduction of innovations. No coincidence today innovation management actively developing - this is the key to stable development and success.

Be yourself with everyone you meet, but at the same time show the best that you have (S. Goldwyn). In fact, here we see a repetition of the Kantian moral imperative - the manager must use the best in himself - you cannot build a negative relationship with the staff.

When you already have a staff of prepared, smart and energetic people, the next step is to stimulate them. Creative skills(A. Morita). Stimulation is put at the forefront by this manager. One of the most important functions of a manager is to stimulate the active work of his subordinates, and without this normal functioning organization is impossible.

It is far better for you to identify and use your own strengths and opportunities, rejoiced at them and moved forward with their help, rather than feeling like in a wheelchair that others are carrying behind you (S. Herman). The manager must actively stimulate himself, must know all the pluses and minuses of his character and personality. If a manager has problems in some area, then they can be delegated to a competent person, without allowing him to be helped from above.

Bibliography

1. Vesnin V.R. HR technology and business partners. – M.: ELITE-2000, 2002.

2. Voropaev V.I. Personnel Management. - M.: Alans, 2005.

3. Gerchikova I.M. Management: Textbook. - M.: Banks and stock exchanges, UNITI, 1997.

4. Glushchenko V.V. Management: system bases. - Railway Moscow. region: LLP IPC "Wings", 2004.

5. Kuznetsov Yu. V., Podlesnykh V.I. Fundamentals of management. - St. Petersburg: OLBIS, 2007.

6. Organizational personnel management: Textbook / Ed. A.Ya. Kabanova. – M.: INFRA-M, 2005.

7. Project management: a reference guide / Ed. I.I. Mazura, V.D. Shapiro. M.: graduate School, 2001.

© Placing material on others electronic resources only accompanied by an active link

Ethical norms are represented by the values ​​and rules of ethics that must be observed by employees and leaders of the organization. There may be different options. 1. Ethical and regulatory standards are aligned. This makes it easier to comply with the rules. In particular, following the laws, given the ethical nature of law-abiding. 2. The behavior of the manager is unethical, but it does not contradict the laws. Usually, the ethical behavior of a manager is not regulated at the legislative level. Among the possible manifestations of violations of moral norms in practice, it is worth noting:

• scolding, rudeness;
• Disrespect for another's point of view
• breaking the rules public behavior;
• disrespect for other people's physical defects;
• concealment of inventions;
• · gossip;
• This word is not respected;
• The manager neglects the feelings and health of subordinates;
• immoral behavior in everyday life;
• humiliation of subordinates;
• The principle of acquaintance in the selection of personnel;
• Gifts from subordinates, interested and dependent people;
• waiver of obligations assumed;
• Disclosure of commercial and official secrets of the organization;
• non-repayment of the debt in due time;
• Disclosure of the source of information that was transferred in a confidential manner.

Behavior regulation mechanisms work when such qualities of people as conscience, professional honor, duty, moral responsibility for their actions and the deeds of others are best manifested. The ethical level of the organization is characterized by the degree of orientation of its leaders and its ordinary employees in their behavior and decision-making on moral standards of behavior. The authority of the head is greatly influenced by the presence of a high culture of communication, which is expressed in the norms of professional ethics. These include:

• - Democracy of communication between the leader and subordinates, colleagues at work;
• - its availability, attentiveness;
• - the ability to create a friendly atmosphere of trust;
• - courtesy and correctness in handling;
• - Accuracy and responsible attitude to the given word.

Considerable importance is played by smartness and accuracy, clarity and organization in the manner of behavior. But the external side of actions must correspond to the internal moral convictions of the leader. Only under this condition of the norm office etiquette can help the leader communicate with people more effectively. The constant communication of the leader with his subordinates raises his authority and the level of trust in him, affects the social and psychological climate in the team. The effectiveness of the work of the team, its ability to solve the tasks set largely depends on the moral and psychological climate, as well as on the "mood" of employees prevailing in the group, which, other things being equal, is due, firstly, to the qualitative composition of the staff and, secondly , features of informal relations between the leader and the subordinate. Let's dwell on these problems in more detail. Scientific research and generalization of experience practical work indicate that the most productive are working groups consisting of people of different ages, genders and temperaments. Young workers perceive new things better, they are more energetic, but sometimes they are arrogant, not inclined to compromise. The elderly, on the contrary, are quite conservative, but they have life experience, are not prone to adventures, are able to make more informed decisions, and, as a rule, avoid conflict situations.

Further, purely female and purely male teams have specific shortcomings: petty squabbles occur more often in female teams, there are more losses of working time due to the systematic discussion of everyday problems, etc., while in some male teams in working time foul language and "bad habits" flourish. In other words, the joint work of people of different sexes, as it were, pulls up employees, increases self-discipline, and exactingness towards oneself. It is equally important to have individuals with different temperaments in the group, since each of them, as we have already found out, has its own advantages and disadvantages. Informal relations between the leader and subordinates deserve the most serious attention. Along with the ability to choose the best leadership style in a given situation, it is necessary, first of all, to know the typical mistakes inherent in people of his status, and to correctly build interpersonal relationships with staff. Typical mistakes include cases when:

• * the leader does not give specific tasks, but constantly annoys subordinates with a large number of questions general;
• * "obsessed" on one topic in communication with staff, for example, labor discipline;
• * daily formulates new ideas to complete the task;
• * constantly preaches his plans;
• * does not trust his employees, abuses petty control;
• * enjoys paperwork;
• * inaccessible geographically and in time;
• * does not have ready-made solutions production tasks offered to the staff.

The success of informal relations with subordinates, without which it is impossible to form a sense of respect for your leader, depends on compliance with a number of principles and rules of business communication. Respect for the dignity of others is fundamental. The moral and psychological basis of this principle is the axiom social psychology, according to which no person feels comfortable enough without positive self-esteem.

Consequently, the leader is obliged to see in each subordinate not a position, but a personality, to show benevolence and tolerance, to respect his personal life, but at the same time to avoid advice in this area. It is advisable to always remember that "a strong man never humiliates" and, therefore, it is unacceptable to raise your voice at your employee, to hang labels like "lazy", "loafer", "stupid", etc. If a subordinate made a mistake or committed a misconduct, he, as a rule, understands his guilt and adequately perceives the punishment, but if the boss hurts his pride, he will not forgive it.

Therefore, when analyzing a situation, it is necessary to separate a person and an act: to criticize specific actions, and not the personality of the offender. It is important to remember that only those leaders are respected who praise in front of everyone, but speak out in private; never complain about their employees and, if necessary, take their blame upon themselves; promptly and openly admit their mistakes. Despite personal likes and dislikes, the leader is obliged to make the same demands on all subordinates, to treat everyone equally, not to single out anyone; in front of strangers, address their employees by name and patronymic, regardless of their age. It is unacceptable to lecture and teach staff if the manager himself does not comply this requirement: educational value is only personal example leader. Common Mistake young leaders - the desire to become "one's own" among subordinates. Still, it is better to keep a distance, to separate personal and official, not to allow familiarity.

Otherwise, the order as a form of instruction will be ineffective. The manager has no moral right to hide important information from his employees. At the same time, he is obliged to suppress gossip and denunciations. Any boss is faced with complaints from his employees about working conditions, relationships within the team or with other departments. Even if the leader is not able to solve the problem himself, he must listen carefully to the subordinate. It is unacceptable to ignore the appeals of subordinates, because, as the American sociologist Diana Tracy rightly noted, complainers are not traitors.

It may very well be that the complainant is doing you a great service by reporting a situation from which others suffer, but are silent. Thus, the basis for the success of any modern collective activity is the relationship of cooperation, mutual assistance.

Legal advice:

1. Accused of violating the code of professional ethics in a memo. A remark was made. This is slander. Procedure.

1.1. Please, can you describe your problem in more detail. What you wrote is very little to assess the actions of your employer. Thanks for understanding.

Did the answer help you? Not really

2. I can't find 51 articles on violation of ethics.

2.1. it is not entirely clear from your question what kind of ethics you want to ask and clarify. There is a violation of lawyer, medical, journalistic ethics, etc.

Did the answer help you? Not really

3.1. In Russia or Ukraine? In Russia, this is not a matter of litigation.

Did the answer help you? Not really

4. How to appeal a reprimand for violation of medical ethics.

4.2. Tatyana, only judicial order.
You are exempt from paying the state duty.

Did the answer help you? Not really

5. Remove the head midwife from her position for violating the ethics of deontology khvmstvo losh.

5.1. appeal to the court or to the labor inspectorate.

Did the answer help you? Not really

6. What is the time limit for filing an appeal to the court against violations of the Code of Ethics when a notary performs a notarial act from the moment when it became known or from the moment when, after verification, the chamber issued a reasoned decision. Interest cancellation of the transaction.

6.1. The limitation period in principle (total) is 3 years. But the calculation of the limitation period begins from the day when the person found out or could have found out about the violation of his right.

Did the answer help you? Not really

7. In July of this year, I was reprimanded for violating the code of ethics of a military man, I was on a day off, the “collection” command was announced, I arrived on command without delay with signs of residual alcohol intoxication, there was no medical examination. Is this penalty legal and can I appeal it after a while?

7.1. If the survey did not pass, you can appeal to the command of the unit.

Did the answer help you? Not really

8. After a one-on-one conversation with the manager, they brought me a Notification of the provision of written explanations on the fact of the violation work ethics expressed in a deviation from the norms of behavior of a municipal employee. Who fixed this fact or I misunderstood something. Please tell me how can I be?

8.1. Obviously, they are preparing to dismiss you for violating the terms of the employment contract, if any. I suppose that it lays down the conditions for the consequences of violating the norms of behavior. If your conversation is not recorded in any way, simply refuse in writing the facts that are imputed to you, but in the future be restrained and do not give reasons for such problems.

Did the answer help you? Not really

8.2. And how do we know who you have there is a slanderer and how perverted you are transgressing the boundaries of official ethics. You can not write explanations at all, referring to the fact that you did not violate anything
"Labor Code Russian Federation"of December 30, 2001 N 197-FZ (as amended on October 11, 2018)
"" . The procedure for applying disciplinary sanctions

Guides for personnel matters and labor disputes. Issues of application of Art. 193 Labor Code of the Russian Federation

""Before application disciplinary action the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.
(part one as amended by Federal Law No. 90-FZ of 30.06.2006)
(see text in previous "edition)"
"" Failure to provide an explanation by the employee is not an obstacle to the application of disciplinary action.

Did the answer help you? Not really

9. At the suggestion of the dean of the faculty, by order of the rector of the university, student N. was reprimanded “for rude and tactless behavior at a trade union meeting”, and assistant K. was reprimanded “for violation of teaching ethics” at the same meeting. Give a legal analysis of the situation and the legitimacy of this order.

9.1. Give a legal analysis of the situation and the legitimacy of this order. Where is your head on your shoulders Practicing lawyers solve such problems only for a fee, Article 779 of the Civil Code of the Russian Federation.

Did the answer help you? Not really

10. I want to sue PND for violating my rights as a patient. They were violated in terms of medical ethics and deontology. What laws govern this? Whom should I contact in this case?

10.1. You need to contact a lawyer, because from the text of your question it is clear that you do not have the skills to represent your interests in court and special knowledge in jurisprudence. As for the laws, it depends on what you mean. The process will be regulated by the CAS RF (if you dispute the legality of the doctor's actions), and the PND is based on the law on psychiatric care.

Did the answer help you? Not really

11. My daughter, during the first UHF physiotherapy procedure, received a burn on the lower third of her right shin. Were we rightfully denied an insurance claim? Citing that the burn was a complication of UHF therapy. Fortune program insurance contract. There is an agreement between the parties with the hospital, in which they apologize orally for the harm caused to health and violation of the ethics of medical deontology. workers.

11.1. For a correct answer to the question of the legality of the refusal of the insurance company, you need to get acquainted with the contract. Surely there are insurance rules, which, as a rule, list cases of refusal to pay. If you do not agree with the decision of the insurance company, appeal to the court.
But I would advise you not to limit yourself to this. It is possible that the device itself is not working in the hospital (but this should be fixed). If this is the case, then you have the right to demand compensation for harm in accordance with Article 1095 Civil Code RF, as well as compensation for non-pecuniary damage.
But I did not understand the last phrase: "there is an agreement in which they verbally apologize ...". If you only had verbal apologies, then you can write a complaint to the hospital in which you can state your requirements.

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12. The situation is as follows, a worker of Russian Railways, a locksmith, was detained by security guards in an electric train in a state of intoxication, an act was drawn up against him and sent to the head of the road. They want to fire him for violating the so-called Corporate Ethics. The employee was not at work, but on a day off, because we do not have dry law in our country. And in this case, the Labor Code should still prevail.
Does the administration have the right to fire an employee for this?
Thank you!

12.1. Despite the fact that Russian Railways is a peculiar organization, the state still owns a controlling stake. Those. legally it joint-stock company, which may have its own corporate ethics, but in fact it is a state-owned enterprise.
And on state enterprise the Labor Code of the Russian Federation must apply. Based on the circumstances described in your question, there are no clear legal grounds for dismissal. Another question domestic politics in company. You can, as they say, fight, but then they will find how to fire them on other "far-fetched" formal grounds. It's worse if they just set it up.

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13. Attorney's fee rule under the Federal Law on Advocacy. The procedure, grounds and conditions for bringing lawyers to disciplinary responsibility for violating the requirements of the code of professional ethics for lawyers.

13.2. All grounds are set out in the relevant code. The information is voluminous.

Measures of disciplinary liability may be applied to a lawyer no later than six months from the day the misconduct was discovered, not counting the time the lawyer was ill or on vacation.

Measures of disciplinary liability may be applied to a lawyer if no more than one year has passed since the moment he committed the violation.

Disciplinary measures may include:

1) remark;

2) warning;

3) termination of the status of a lawyer.

As for the fee - in accordance with the norms of the Civil Code of the Russian Federation.

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Consultation on your question

call from landlines and mobiles is free throughout Russia

14. The notary went on vacation for three weeks, but did not notify the notary chamber of her absence from work. Sergeev filed a complaint with the Ethics Committee of the notarial chamber about the absence of a notary in the workplace, because he was unable to timely submit an application for acceptance of the inheritance because of this.
Is absence from work a violation of professional ethics?

14.1. Problem solving for law students is a paid service. All the best to you and thank you for contacting the 9111 website for legal assistance.

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15. Can a violation be considered labor discipline- "for non-observance of subordination with the artistic leader, or non-compliance with the Code of Ethics to So-and-so .., declare a remark", if these documents (code) were not previously presented for review and the employee was at work, but had a conversation with the manager in a raised voice about the mode of operation?

15.1. If you do not agree with the reprimand, then you have the right to appeal it in court, or write a complaint against the employer to the labor inspectorate.

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16. I filed a lawsuit in court to determine the place of residence of children. At the trial, the representative of the guardianship acted as a proxy for the defendant. Is it legal? In this case, how can we talk about impartiality of guardianship authorities? Isn't this a violation of professional ethics?

16.1. guardianship authorities are a third party in the consideration of this category of cases and cannot be a representative of the defendant. This is a violation.
Good luck and all the best

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16.2. Are you sure that's how it was? Did the guardian have a notarized power of attorney from your wife to represent her interests? Or did your wife file a petition in court for the admission of a guardian to participate in court as her representative and the court granted her petition? Was it like that?
Most likely, you did not understand the legal terminology.
Apparently, in the debate of the parties, the representative supported the position of your wife. Which does not contradict the Code of Civil Procedure of the Russian Federation. Refine this moment.

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16.3. Ruiz!
Professional ethics have nothing to do with it. You will need it if you intend to complain in a disciplinary manner against the specified specialist. There must be legal arguments here. For example, the general legal principle: "No one can be a judge in own business". Thus, the body of guardianship and guardianship is deprived of objectivity in issuing a conclusion, since it simultaneously represents the interests of the defendant.

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17. The investigator refuses to repeat the forensic medical examination, conducted with violations, on the basis of "yes, you can already see that you are sane." How can this be influenced? And is it worth doing it again? Maybe the doctors will not contradict their "ethics"?

17.1. Hello,
It is up to you to decide whether to re-examine or not, you can hire a lawyer to help
I wish you good luck and all the best!

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17.2. you should submit a written request to the investigator for a re-examination, let him give a written refusal. In addition, you can make this petition and during the consideration of the case in court.
Good luck and all the best

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17.3. You won't influence it at all. The commission can take place both in person (in your presence) and in absentia according to medical documents, if you have not been registered anywhere and you do not have an established psychiatric disease, then the examination is carried out in this way. There are no violations here.

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18. The son was assigned compulsory work. Because we have a conflict with our neighbors. The neighbors turned to the bailiffs whether my son worked or not. And in the consoles they were provided with all the information, since they had a friend there, so the neighbors said. Where can I turn to clarify this situation and bring the bailiff to responsibility for violating the ethics of a civil servant. THANKS.

18.1. Dear Guest, you urgently need to apply to the prosecutor's office. Further, according to the results of the audit, to the court, for the protection of honor and dignity and business reputation.
All the best, good luck to you.

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18.2. If you intend to complain about this bailiff, you can send a complaint to the head of the bailiff service.

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19. People who did not recognize its creation applied to the sports federation created by us and are in confrontation with us. We plan to refuse on the basis of violation of the rules of prof. Ethics. What could be their next steps and appeals? Can we be forced to accept them (the leadership or the All-Russian Sports Federation)?

19.1. Before answering your question, it is necessary to read the Charter of your public organization sports federation.. Good luck..

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19.2. Dear Svetlana!

For a correct and complete answer to your question, you need to familiarize yourself with the charter of the created sports federation.

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20. If I wrote a statement against the head of the personnel department (complaint against the head of the section), she gave my application to the head of the department, and he gave the head of the section, and she read it to the whole section. Is this a violation of corporate ethics? Did they have the right to do so? And who can be held accountable?

20.1. in this case you need to look internal documents corporate ethics of your organization. In any case, complaints should be considered by those persons to whom they are addressed. Ask for a written response.

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21. I am a dentist for violation of ethics was reprimanded plus deprived of the incentive part of the salary for 100% whether this disciplinary punishment is legal for the first time in 28 years of experience.

21.1. To answer your question, how legal is the announcement of a disciplinary sanction to you, you need to see all the documents, including your explanatory note. An order to impose a reprimand can be appealed to the court within three months.

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21.2. ---Hi, yes it's legal. What are the doubts? If you do not agree with the violation that you are charged with, you can appeal it in court. Good luck to you and all the best.

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21.3. They have the right to issue a reprimand as a disciplinary sanction, they have the right to deprive the bonus. The deprivation of the award is not a disciplinary sanction.

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22. The lawyer received a power of attorney from the plaintiff to represent his interests, which he presented in a court of general jurisdiction, he did not say that he was a lawyer. There is a violation in the actions of a lawyer in terms of legal ethics and legislation.

22.1. if you did not ask him about it, then there is no action of a lawyer from the point of view of lawyer ethics and legislation. Violations.

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22.2. No. There are no violations. He is not required to declare that he is a lawyer. The participation of a lawyer is obligatory in criminal proceedings, and in civil proceedings, any person can represent interests by proxy.

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22.3. The powers of a lawyer to represent the interests of his principal in court may be confirmed by a power of attorney or warrant or an oral statement of the hardener. Failure to report in court by a lawyer about the existence of an appropriate status is not a violation of the law.

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23. Please tell me, is it possible to dismiss an employee from an enterprise due to distrust, a systematic violation of corporate and work ethics? What articles of the Labor Code of the Russian Federation can be referred to? Can you tell me how to do it properly? Thanks a lot.

24. Is it possible for the leader to prevent the teacher from being certified for the highest category, who has a complete lack of pedagogical ethics, there are comments for improper performance of the due. Duties? How can you avoid breaking the law?

24.1. You must have an attestation provision.
And such moments can be registered there.

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25. How to punish a lawyer for violation of legal ethics. In court, when the judges came to the meeting, his clients tried to correct the fight and the scandal. HE sat silent and did not take any measures.

25.1. You can write a complaint to the Chamber of Advocates

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25.2. You can file a complaint with local branch Council of Advocates of Ukraine, if they find grounds, they will punish him

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25.3. No, there are no legal grounds for holding a lawyer liable.
A lawyer is not obliged to take measures in court to stop a fight or scandal, and the fact that he sat and was silent means he did not violate anything.
To resolve these problems, the bailiffs of Article 49 of the CPC or Article 75 of the Code of Criminal Procedure should have acted, so complain about them.

First, let's talk about what ethics is. From the definition offered by dictionaries, one can make a generalized conclusion that ethics is a philosophical doctrine about morality, about the rules of human behavior. Consequently, professional ethics It is a system of norms and rules of conduct for a specialist.

Usually ethical standards refer to unspoken rules, but some big companies, such as Russian Railways or Gazprom, these rules are consolidated into a single document - the so-called "Code of Corporate Ethics".

General principles of ethical behavior of employees in documents different companies are approximately the same and boil down to the following: compliance with the law and internal acts of the company, following high moral principles, responsible attitude to official duties, maintaining a positive reputation of the company, respectful attitude towards colleagues and customers, maintaining confidentiality of information, and more.

Returning to the issue of dismissal. The employee violated the norms of corporate ethics, and it is impossible to dismiss on this basis. What to do, and what should be expressed in violation of corporate ethics, so that dismissal becomes possible from the point of view of Labor Code RF?

1. Disclosure of trade secrets (subparagraph b of paragraph 6 of Article 81 of the Labor Code of the Russian Federation).

Decision of the Kirovsky District Court of the city of Yekaterinburg No. 2-1942 / 19 (11) dated 04.27.2011.

Claimant CH.E.The. filed a lawsuit against Domofon Service LLC for recognition of the dismissal as illegal, reinstatement, recovery of average earnings for the time of forced absenteeism, compensation for non-pecuniary damage. In support of the claim, she indicated that in the period from 04/01/2010 to 02/04/2011 she worked ... at Domofon Service LLC, on 02/04/2011 she was dismissed at the initiative of the employer under Article 81, paragraph 6, subparagraph "c" for disclosure of trade secrets. In violation of Article 11 of the Federal Law “On Commercial Secrets”, when she was hired, she was not acquainted with confidential information, and she does not know whether Domofon Service LLC has taken measures to protect commercial secrets, she did not sign any agreements on non-disclosure of commercial secrets. She was also not acquainted with the order to terminate the employment contract. The work book was sent to her only on February 15, 2011. The plaintiff asks to recognize her dismissal under subparagraph "c" of paragraph 6 illegal, oblige Domofon Service LLC to change the wording of the grounds for dismissal to dismissal for own will on point 3Article 77 of the Labor Code of the Russian Federation recover from the defendant in her favor average earnings during the forced walk.

At the hearing, the plaintiff supported the claims.

The representative of the defendant at the court session did not recognize the claims and explained that the plaintiff signed an employment contract and had to not disclose information belonging to the employer, the information became available to third parties without the consent of the director, the information is confidential, economic and protected. It is necessary to recover damages from the employee for the disclosure of trade secrets.

In its decision, the court stated the following.

According to paragraph 43 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, if the employee disputes the dismissal under subparagraph “c” of paragraph 6 of part one of Article 81 of the Code, the employer is obliged to provide evidence indicating that the information that the employee disclosed, in accordance with current legislation relate to state, official, commercial or other secrets protected by law, or to the personal data of another employee, this information became known to the employee in connection with the execution by him job duties, and he undertook not to disclose such information.

In accordance with Article 11 of the Federal Law of July 29, 2004 No. 98-FZ “On Commercial Secrets”, in order to protect the confidentiality of information, the employer is obliged to familiarize the employee, whose access to information constituting a commercial secret, is necessary for the performance of his labor duties, against receipt, with a list of information constituting a commercial secret, the owners of which are the employer and his contractors; familiarize the employee against the receipt of the trade secret regime established by the employer and the measures of responsibility for its violation; create an employee the necessary conditions to comply with the trade secret regime established by the employer.

This court decision shows the main mistake made by employers who want to establish a trade secret regime in an organization. The absence of provisions on commercial secrets, the list of information constituting a secret, or the employee's failure to familiarize himself with them are grounds for recognizing the dismissal on the above basis as illegal.

2. Dismissal due to loss of confidence.

Decision of the Volgodonsky District Court of the Rostov Region in case No. 2-2093/11 dated 10/14/2011.

R.O.A. appealed to the court with a claim, taking into account the clarifications accepted by the court toIstok-Design LLC on recognizing the dismissal as illegal, changing the wording of the dismissal, collecting wages and compensation for non-pecuniary damage, indicating that on 06/01/2004 he was hired by Istok-Design LLC as a manager.
From 08/01/2006 he was transferred to the senior managerIstok-Design LLC . From 02.02.2010 R.O.A. promoted to acting director. With R.O.A. concluded an employment contract without a number dated 02.02.2010 with probationary period for six months. On August 2, 2010, by order No. 56-k, he was appointed director on a permanent basis. Additionally, an employment contract with R.O.A. did not conclude. Wage R.O.A. was appointed as the director of Istok-Design LLC. in the amount of 45,000 rubles per month. 03/02/2011 R.O.A. fired fromIstok-Design LLC in connection with the commission of guilty actions by an employee directly servicing monetary or commodity values, giving grounds for the loss of confidence in him on the part of the employer, the basis of clause 7 of part oneArticle 81 of the Labor Code of the Russian Federation . He considers the dismissal illegal, since he was not a person directly serving material values, an agreement on liability with R.O.A. did not conclude. In the duties of R.O.A. work on the reception, storage, transportation, distribution of products was not included. He did not have access to the furniture warehouse, in cash did not manage. The warehouse was managed by the manager, with whom an agreement on liability was concluded. By virtue of a prisoner with P.O.A. employment contract, his duties did not include control over financial resources and material values. The employer did not bring to the attention of R.O.A. what his guilty actions were, which led to the loss of confidence in him on the part of the employer.

Sh.M.N. and M.I.I., representatives of LLC «Istok-Design», acting by proxy, objected to the satisfaction of claims, the court explained that R.Oh.A. dismissed from the post of director of Istok-Design LLC in connection with the discovery in March 2011 of a shortage in the furniture warehouse and a shortage in the accessories warehouse, identified on 03/28/2011. R.O.A. was a financially responsible person for the material assets entrusted to him in the hardware warehouse, since when he was transferred from the position of manager and senior manager to the position of director, he did not transfer the hardware warehouse to anyone. Based on the identified facts of shortages in the furniture warehouse and the accessories warehouse, the founders of Istok-Design LLC decided to dismiss R.O.A. for the commission of guilty actions by an employee directly servicing monetary or commodity values, giving grounds for the loss of confidence in him on the part of the employer.

As established by the court, grounds for dismissal R.Oh.A. was the commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer.

Labor duties R.O.A. are regulated by the employment contract, job description of the director, the charter of Istok-Design LLC, also on 10/19/2005 with R.O.A. concluded an agreement on full liability as a manager in connection with the maintenance of material assets in the warehouse of accessories. When the plaintiff was transferred to the position of director, he did not transfer the specified warehouse of accessories to other financially responsible persons, which is not disputed by the plaintiff.

At the time of dismissal under clause 7 of part 1Article 81 of the Labor Code of the Russian Federation the plaintiff worked as a director of Istok-Design LLC.

As follows from the employment contract dated 02.02.2010, job description director of Istok-Design LLC, the charter of Istok-Design LLC, the plaintiff, acting as director, was not a person directly servicing material assets. Materially responsible persons worked in the submission of the plaintiff, directly by virtue of direct labor duties, they carried out the maintenance of material assets.

According to paragraph 45 of the Decree of the Plenum of the Supreme Russian Federation of March 17, 2004 No. 2, the courts need to keep in mind that the termination of an employment contract with an employee under paragraph 7 of the first part of Article 81 of the Labor Code of the Russian Federation due to loss of confidence is possible only in relation to employees directly serving cash or commodity values ​​​​(reception, storage, transportation, distribution, etc.), and provided that they committed such guilty actions that gave the employer reason to lose confidence in them.

From the order on the application of disciplinary action R.Oh.A. in the form of dismissal, it is not seen, for the commission of which guilty actions that give rise to the loss of the employer's trust in him, the plaintiff will be subject to disciplinary action in the form of dismissal, his guilt in failure to fulfill labor duties.

The claims have been satisfied.

In most cases, when considering this category of cases, the court takes the side of the plaintiff, making a decision in his favor. The grounds for satisfying the claims are similar, namely, the employer dismisses an employee due to the loss of confidence who is not financially responsible, or cannot clearly indicate which actions of the employee caused the loss of confidence.

The Labor Code of the Russian Federation does not contain information about which employees are financially responsible, therefore, when resolving this issue, they refer to the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85, which defines a list of works, during the performance of which an agreement on full liability can be concluded. This is indicated Supreme Court RF in Decree No. 2 dated March 17, 2004. As noted earlier, paragraph 45 of this resolution instructs the courts to take into account that the termination of an employment contract with an employee under paragraph 7 of part one article 81 of the Labor Code of the Russian Federation in connection with the loss of trust is possible only in relation to employees directly servicing monetary or commodity values ​​​​(reception, storage, transportation, distribution, etc.), and provided that they committed such guilty actions that gave the employer grounds for loss trust in them.

Another ground for dismissal may be an act that discredits the honor of an employee, and applies to law enforcement officers. This ground is provided, for example, by paragraph 1 of article 41.7 of the law "On the Prosecutor's Office of the Russian Federation".

Decision of the Leningrad District Court of the city of Kaliningrad No. 2-5621 / 2010 of 12/14/2010.

Claimant P.V.N. filed a lawsuit against the Investigation Department of the Investigative Committee under the Prosecutor's Office of the Russian Federation on (...) to invalidate the order No. k dated (...) on dismissal on the basis of subparagraph "c" of paragraph 1 of Article 43, paragraphs 1 and 3 of Article 41- 7 of the Federal Law "On the Prosecutor's Office of the Russian Federation" and paragraph 14 of Article 81 of the Labor Code of the Russian Federation for committing an offense discrediting the honor of a prosecutor's worker.

On the merits of the order, he explained that since (...) he was on a business trip in Moscow. DD.MM.YYYY at about 7 p.m., he, together with the investigators of the investigation team R. and I., arrived at Pulkovo Airport, where he purchased air tickets. After purchasing air tickets, while waiting for the flight, he and R. bought a can of beer at a kiosk in the airport building. Initially, he explained that he brought a can of beer on board, where he opened it and began to drink. Then he explained that they began to drink beer even in the airport building, having taken two or three sips, then they passed the pre-flight inspection and boarded the aircraft, holding open banks beer. There were no comments from airport workers and flight attendants. The fact that the use of drinks brought with them on the specified flight is not allowed, no one told them. The plaintiff and two other employees took their seats, buckled up, and then took out cans of beer they had brought with them, took a couple of sips, they were approached by the flight attendant of the indicated flight, E., who said that “this is prohibited on board her aircraft.” The plaintiff asked why, after which E., without explaining the reasons, began to snatch cans from the plaintiff and R. directly from the hands, pouring over his and R.'s outerwear. The plaintiff immediately gave her the jar, having fulfilled her demands. The plaintiff asked to be escorted to the commander of the aircraft, he was refused. About 10 minutes later, three police officers entered the plane. None of them introduced themselves or presented any identification. When R. asked what would happen if we did not comply with their demands, he explained that he would use physical force. After that, R. showed his service certificate. The police officers stepped aside after presenting their ID. The plaintiff, R. and I. refused to leave the plane, motivating their actions by the absence of any violations on their part. The plaintiff believes that there were no illegal actions on his part on the ship.

The defendant's representative by proxy O.Yew.M. at the hearing the claim was not recognized in full. On the merits of the claim, he explained that the dismissal of the plaintiff was legal and justified.

When considering this case, the court saw in the plaintiff's actions an act discrediting the honor of a prosecutor's office worker.

The claims were denied.

Another circumstance that serves as a basis for dismissal is the so-called conflict of interest.

Appeal ruling of the Moscow City Court in case No. 33-4944 dated March 6, 2014.

I. filed a lawsuit against Avtodor Civil Code to invalidate the entry in the work book, to recognize the grounds for dismissal as illegal, and to change the wording of the dismissal.

In support of his claims, the plaintiff referred to the fact that he worked for the defendant in the position (...) of the Department of Design, Technical Policy and innovative technologies, (...) was fired bypoint 7.1 of part 1 of article 81 Labor Code of the Russian Federation. Plaintiff considers his dismissal unlawful and unreasonable.

Representatives of the plaintiff at the hearing supported the claims.

The court of first instance found that by order of (...) year No. (...) I. was hired by Avtodor State Corporation from (...) a year to the Department of Design, Technical Policy and Innovative Technologies for the position (. ..) department.

By order of (...) year No. (...) I. (...) dismissed from the post of Deputy Director of the Department of Design, Technical Policy and Innovative Technologies forpoint 7.1 of part 1 of article 81 of the Labor Code of the Russian Federation in connection with the failure to take measures to prevent or resolve a conflict of interest to which he is a party, which gives grounds for the employer to lose confidence in the employee.

The grounds for the dismissal were: the presentation of the General Prosecutor's Office of the Russian Federation dated 09/13/2013 "On the Elimination of Violations of Anti-Corruption Legislation", an explanatory note dated (...) year, the protocol of the commission dated (...) on the application of penalties, the recommendation of the Commission on compliance with the requirements for official conduct of employees and settlement of conflicts of interest in Avtodor State Corporation.

According to the results of the audit, it was revealed that in the information about his income, about property and obligations of a property nature for (...) a year, the plaintiff did not indicate information about ownership of shares in authorized capitals LLC NPP YuzhDorNII, LLC Morand, LLC Pallada, as well as information on the registration of the plaintiff as an individual entrepreneur.

In addition, the court established and the case materials confirm that, in accordance with the extracts from the Unified state register legal entities NPP YuzhDorNII LLC is a valid legal entity, and I. as of (...) is a co-founder of NPP YuzhDorNII LLC, Morand LLC and Pallada LLC, the evidence is in orderarticle 56 The Civil Procedure Code of the Russian Federation, refuting the conclusions of the court, was not presented by the plaintiff.

The Judicial Collegium finds that the procedure for the dismissal of the plaintiff by the defendant was observed, the disciplinary sanction in the form of dismissal was made within the period from the date of receipt of information about the commission of the offense, confirmed during the audit, explanations from the plaintiff were requested (...) years, in connection with which the court rightfully dismissed the plaintiff's claim for invalidating the entry in the work book, recognizing the grounds for dismissal as illegal, and changing the wording of the dismissal.

Summing up, we can say the following. The rules of corporate ethics, unspoken or approved by a local regulatory act, are in fact the rules of conduct and are advisory in nature. Violation of the rules of corporate ethics is not grounds for dismissal of an employee.

Anna Filina, Senior Legal Counsel, GS EL - LAW LLC:

Violation of the rules of corporate ethics often becomes a reason for bringing an employee to disciplinary responsibility. More often, penalties are imposed on employees in the form of remarks or reprimands, but there are cases when a violation of the rules of corporate ethics becomes the basis for dismissal under clause 5 of part 1 of Article 81 of the Labor Code of the Russian Federation - repeated failure by an employee without good reason to perform labor duties if he has a disciplinary sanction.

When considering dismissal disputes on the specified grounds, the employer needs to prove exactly what actions that violate the rules of corporate ethics and at what time the employee committed, how these rules are fixed, whether the employee is familiar with it. To do this, the employer can provide memos, written customer complaints, local regulations, testimonies, and the like as evidence. An example of how an employer could not provide evidence satisfying the court is the Decision of the Isilkul City Court of the Omsk Region dated February 16, 2012 in case No. 2-116 / 2012. State-financed organization health care of the Omsk region "Isilkulskaya CRH" dismissed the senior nurse M.L.N. under clause 5 of part 1 of article 81 of the Labor Code of the Russian Federation. The employer blamed the employee for the systematic failure to fulfill her duties, among which he singled out a violation of the rules of ethics medical worker, expressed in a discussion in a public place of working moments, which, according to the employer, led to disorganization and nervousness of the clinic staff. As evidence, the employer presented a memorandum of nurses about the incorrect behavior of M.L.N., as well as a number of testimonies. In particular, the main nurse the hospital testified that she “in April 2011 from the doctor FULL NAME1 received an oral statement that M.L.N. raised her voice to the doctor in the presence of a nurse, about which she personally made a remark to M.L.N. There were also complaints from the nurses of the polyclinic that the head nurse M.L.N. behaves incorrectly. She received information that the senior nurse of the polyclinic M.L.N. in public transport discusses the issues that are discussed at planning meetings in the clinic, which violated the rules of ethics of a medical worker.

However, the court in its decision indicated that the said witnesses interrogated at the court session could not explain why the memorandum was set out in general terms, to whom exactly from the staff M.L.N. was rude, when and where it happened. The court considered that the court did not provide evidence of exactly what “actions the plaintiff committed that violate the rules of ethics of a medical worker and what moments, and in what public place she discussed working moments that lead to disorganization and nervousness of the polyclinic staff”. The court ruled in favor of the employee, satisfying her claim in full, recognizing the dismissal as illegal and reinstating her in her position.

However, in judicial practice there are court decisions that are positive for the employer. K.D. He filed a lawsuit against CJSC Bank Intesa for recognition as illegal and the abolition of a disciplinary sanction, compensation for non-pecuniary damage. By order of the bank, the plaintiff was brought to disciplinary liability in the form of a reprimand for violating a number of items of the job description, as well as violating Article 4 of the Code corporate conduct and the section “Principles of Conduct in Relations with Employees” of the Code of Corporate Ethics, expressed in the manifestation of rudeness towards bank employees. The employer managed to confirm the fact of unethical behavior of K.D. with bank employees during the period of requesting explanations from him regarding the violations of information processing. At the same time, the employer submitted local regulations to the court: the Code of Corporate Ethics of Banca Intesa CJSC, according to which the employee must respect the personality and human dignity of each employee, and the Bank’s Corporate Conduct Code, which establishes that representatives and employees should avoid behavior in a workplace that is not characterized by honesty and the utmost respect for the dignity and morals of every employee. The court took into account the provisions of these acts when making its decision. It is also necessary to pay attention to the fact that the employer fully complied with the procedure for bringing the employee to disciplinary responsibility. Therefore, the Basmanny District Court of Moscow refused K.D. in satisfaction of his claim, and the Moscow City Court left this decision unchanged, the appeal of K.D. without satisfaction (Appeal ruling of the Moscow City Court dated May 22, 2013 in case No. 11-11717).

Artem Denisov, Managing Partner law firm"Genesis", candidate of legal sciences:

In general, the informative article of a colleague is aimed more at a formal approach to the study of such a phenomenon as corporate ethics and generalization judicial practice on a formal basis. The statement that the rules of corporate ethics, unspoken or approved by a local normative act, are in fact the rules of conduct and are advisory in nature. Violation of the rules of corporate ethics is not grounds for dismissal of an employee.

It is conditionally possible to divide the manifestation of the phenomenon of corporate ethics in two frameworks of relations. First, it can be viewed as conditions on the behavior of employees within the corporate structure, where it is expressed by issuing a local labor act. Second: mandatory conditions compliance of an employee within professional communities, for example, lawyer education, audit organizations, and so on, where it is compliance with corporate ethics and rules that is a condition and guarantee of the proper performance of labor duties and is the basis for dismissal. They are established both within the framework of industry laws and within the framework of local acts.

In the first case, we can consider the rule when, as an additional reason for terminating the employment contract with the head of the organization on the basis of paragraph 13 of part 1 of Article 81 and articles 278 The Labor Code of the Russian Federation indicates in the contract the violation of the requirements of corporate ethics (ethical code of the organization).

The review of judicial practice in these legal relations is quite extensive, and it is the application of these articles of the Labor Code of the Russian Federation, in conjunction with the norms of corporate ethics, that ensures the proper procedure for dismissal in case of violation of the norms of corporate behavior by the dismissed person.

If we consider the second case and use as an example the federal law dated 31.05.2002 No. 63-FZ “On advocacy and advocacy in the Russian Federation”, then the grounds for terminating an employment contract with an assistant lawyer are not only the grounds listed in the Labor Code of the Russian Federation. Also, as the grounds for terminating an employment contract with a lawyer's assistant, and the assistant is expelled from the composition of the lawyer's assistants, there is a case of non-fulfillment or improper fulfillment by the lawyer's assistant of his professional duties or non-fulfillment of decisions of corporate standards governing the activities of the bar.

In general, the concept of corporate ethics in Russian legislation is new, but despite this, this phenomenon is a fairly powerful regulator of employee behavior, to which various sanctions can be applied, up to and including dismissal.

Tatyana Bekreneva, lawyer:

The moral requirements of service relations, or otherwise - corporate ethics, have some features. And although the Labor Code of the Russian Federation does not have a clear definition of the concept of corporate ethics, nevertheless, certain requirements for the behavior of an employee can be attributed to the rules of corporate ethics, namely, requirements, non-compliance with which is a disciplinary offense. It is difficult to agree with the author that these requirements are advisory in nature. Giving an example of a lawsuit on dismissal for disclosure of trade secrets, that is, essentially agreeing that the rule on non-disclosure of trade secrets is a rule of corporate ethics, the author at the same time points out in his conclusions that one cannot be fired for violating the rules of corporate ethics, which is a clear contradiction. Especially when you consider that the violation of the above rule is the basis for dismissal in accordance with the Labor Code (paragraph " in» paragraph 5 of article 81).

A clear understanding of the moral requirements, that is, the moral guidelines for the organization's activities, is necessary for the coordinated work of all departments. It seems that the legislator should determine the criteria for the compliance of these moral rules with the requirements of the law, as well as the requirements of reasonableness and justice. It is important that, like any rule, the rule of corporate ethics must be reliably protected by law, local regulations, conditions established in employment contract, and is also supported by the real actions of the employer to enforce its compliance - punishments, since the establishment of rules requires not only clear fixation, but also sanctions for their violation. In the charters, rules, codes of corporate ethics or other local regulations, which the employee gets acquainted with when hiring under his personal signature, the employer must prescribe a clear reasonable rule of conduct that the employee must comply with, indicating that failure to comply with this rule is equated to a violation labor discipline. At the same time, it is important that the norms contained in them do not worsen the rights of workers in comparison with the current labor legislation.

The law establishes that employees in terms of non-fulfillment or improper fulfillment of their labor duties, which include the obligation to comply with corporate acts, bear disciplinary responsibility. Of course, it is impossible, for example, to dismiss a person with the wording in the order: "For violation of corporate ethics." In the work book you can not write: "Fired for violation of corporate ethics." Dismissal for violation of the rules that relate to the rules of corporate ethics implies compliance with the dismissal procedure established by the Labor Code of the Russian Federation, indicating in the order and work book the legal basis for dismissal (paragraph 14 of Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 "On work books"). But if a violation of these rules really occurs, the employer, in accordance with Articles 192-193 of the Labor Code of the Russian Federation, is obliged to request an explanatory note from the employee, if it is not provided, an appropriate act is drawn up, after which the employee can be fired.

One cannot but agree that if you correctly fix the relevant requirements, correctly arrange all Required documents to bring an employee to disciplinary liability, no court recognizes the employer's demands as far-fetched and discriminatory. First, all rules must be fixed in a local act. Otherwise, there is no reason for the employer to demand something from employees, and then punish them for non-performance. We cannot agree with the author of the article that the presence of unspoken rules of conduct can influence the issues of holding employees accountable - labor legislation does not provide for such a thing as unspoken rules. Therefore, in the event of a dispute, the employer will have to prove that he has familiarized the employee with the rules of corporate ethics (the obligation not to disclose trade secrets, the obligation to comply with the dress code, for example, employees of the railway or air transport). Secondly, when the employer sets requirements corporate culture moderation and reasonableness are important, real requirements should be fixed. Thirdly, when punishing non-compliance with the rules, the provisions of articles 192-193 Labor Code of the Russian Federation. Otherwise, the risk of recognizing the order as illegal, as well as the local act, increases, since if employers violate the norms articles 372 of the Labor Code of the Russian Federation on the procedure for approving local acts, this gives the employee the opportunity to challenge them, or to challenge the actions of the employer based on the illegal norms of the local act. But basically, disputes related to violation of corporate ethics encountered in judicial practice can be divided into two types:

Challenging a disciplinary sanction;

Reinstatement at work in case of dismissal for systematic violation of official duties (clause 5 of part 1 of article 81 of the Labor Code of the Russian Federation).

Thus, taking into account the above, it is hardly possible to agree with the author of the article that a violation of the rules of corporate ethics cannot be a basis for dismissal of an employee. But it is clear that the issues of corporate ethics require special legal elaboration, since corporate ethics is increasingly becoming part of the general policy of the employer.

Vladimir Alistarkhov, legal expert:

An employee cannot be fired for violating the norms of corporate ethics, but the author of the article proposes to figure out “what should be the violation of corporate ethics in order for dismissal to become possible from the point of view of the Labor Code of the Russian Federation?”

The very formulation of this question already contradicts the norms of the current labor law.

Labor legislation, and in particular Article 81 of the Labor Code of the Russian Federation, directly provides for the grounds on which an employee may be dismissed at the initiative of the employer.

The grounds for dismissal of an employee at the initiative of the employer have an exhaustive list, and, accordingly, this ground must be clearly stated in the order for dismissal, indicating the article of the Labor Code of the Russian Federation, according to which the employee is dismissed.

Consideration of the issues of dismissal of an employee at the initiative of the employer through the prism of the code of corporate ethics is a kind of "tautology" of the procedure for considering the dismissal of an employee on the grounds provided for by law.

For example, for disclosing a secret, access to which is limited by law and so provides for liability - why then consider a violation of the norms of the code of corporate ethics when deciding on the dismissal of an employee?

Currently, there is no judicial practice in which the court would use the fact of violation of corporate ethics as necessary evidence in the case of dismissal of an employee.

The necessary list of evidence in cases of dismissal of employees has long been formed, and if it is available, the employer does not need to be additionally guided in court by a violation of corporate ethics on the part of the employee.

The jurisprudence cited by the author of the article shows that for the dismissal of an employee at the initiative of the employer, various evidence is presented, but not once any information about the violation of corporate ethics is used as evidence, since this is not necessary.

At the same time, the current lack of judicial practice in which a violation of corporate ethics is considered by the court as necessary evidence does not mean that in the future the courts will not be able to take into account this kind of evidence to justify the dismissal of an employee by an employer, but for these purposes, it is likely that labor laws need to be amended.

The conclusion of the author of the article is correct in that the rules of corporate ethics are advisory in nature and cannot be the basis for the dismissal of an employee, but the question remains whether violations of the rules of corporate ethics can become the basis for the application of other disciplinary measures (in addition to dismissal), which seems more realistic .

Natalia Plastinina, head of the legal support sector:

I do not quite agree with the author's conclusion that the rules of corporate ethics are, in fact, rules of conduct and are advisory in nature, and violation of these rules is not a basis for dismissal of an employee. Based on the dispositive norms of the Labor Code of the Russian Federation and the norms of other regulatory acts, the employer has the right to establish at his enterprise both the norms of behavior and the style of clothing (uniforms, for example), and the possibility of smoking in designated and equipped places or a complete ban on smoking. In most cases of violations of the requirements of corporate ethics and business style, as practice has shown, it is best for employers to first apply punishments in the form of a remark, reprimand, and in the event of “accumulation” of penalties, dismiss them in accordance with paragraph 5 of part 1 of article 81 of the Labor Code of the Russian Federation (for repeated non-fulfillment by an employee without valid reasons for work duties, if he has a disciplinary sanction). And the success of the application of such a practice was also proved by the decisions of the courts (see, for example, the decision of the Orenburg District Court of the Orenburg Region dated December 1, 2011 , in which the court concludes that in the actions of the employee there was a violation of the uniform, which is a violation of the established local regulations given company rules).

Despite the fact that employers are more likely to punish employees for inconsistencies in the attire of an employee with a uniform, business style established in the organization, it is also not uncommon for penalties for violation of precisely business ethics. As a rule, the violation consists in the rudeness committed by the employee in relation to the client of the enterprise, incorrect behavior with colleagues. And the courts, in the absence of revealed violations in the procedure for bringing the employee to disciplinary responsibility, find the actions of employers to punish the employee for violating the rules of ethics lawful.

Too often, however, employers make embarrassing mistakes in punishing employees who violate ethical, behavioral, and dress code at work. So, for example, according to the conclusions of the court set out in the decision of the Soviet District Court of the city of Lipetsk dated August 11, 2009 and the determination of the Lipetsk regional court in case No. 33- …/09 , the court concluded that the employee had repeatedly failed to fulfill his labor duties without good reason, which was expressed in unacceptable behavior towards the company's customers and his colleagues. However, due to the fact that the employee allowed such behavior not in the performance of his official duties, and it did not entail negative consequences for the employer as an organization, the court considered the dismissal a disproportionate punishment for the committed violations of ethics and reinstated the employee at work.

It should be noted that the legitimacy of punishing an employee for violating the rules of ethics and style of clothing adopted in the organization will be ensured only if the following conditions are combined:

All requirements of the employer to the ethics of communication, style of behavior, appearance employees must be fixed in local and other acts of the employer, be clear and understandable. The local act must be adopted in accordance with the requirements of labor legislation and properly executed as a document. If these requirements are not met, there will be no grounds for punishing employees, since there will be no offense on the part of the employee. So, for example, due to flaws in the execution of a local act establishing the employer’s requirements for the uniform of workers, the court declared the punishment illegal because of its unreasonableness (see the decision of the Oktyabrsky District Court of the city of Murmansk dated September 2, 2010) .

When bringing employees to disciplinary liability for violation of ethics, it is mandatory to comply with the requirements of Articles 192-193 of the Labor Code of the Russian Federation for the procedure for fixing, investigating misconduct and applying punishment for violation of discipline (including in terms of the adequacy of the applied punishment to the deed). So, from the decision of the Zheleznodorozhny District Court of the city of Yekaterinburg dated November 26, 2010 in case No. 2-3204 / 2010 it follows that, despite the correctness of fixing the requirements of the employer to the appearance of employees, fixing the misconduct of the employee was incomplete, which the court regarded as a violation of the requirements of Article 193 of the Labor Code of the Russian Federation for the procedure for bringing to disciplinary responsibility, and the punishment of the employee was declared illegal.

The punishment must be adequate to the deed, that is, comply with the requirements of Part 5 of Article 192 of the Labor Code of the Russian Federation: when imposing a disciplinary sanction, the severity of the misconduct committed and the circumstances under which it was committed must be taken into account.

Thus, the grounds provided for by paragraph 5 of part 1 of article 81 of the Labor Code of the Russian Federation, which are not listed in the article, in order to punish employees for violating the rules of ethics, are used in practice much more often than, for example, subparagraph “c” of paragraph 6 of part 1 of article 81 of the Labor Code. of the Code of the Russian Federation (disclosure of secrets protected by law (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee) or paragraph 7 of the first part of Article 81 of the Labor Code of the Russian Federation (for committing guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer).