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Labor Code of the Russian Federation. Labor Code of the Russian Federation Articles 56 189 190 Labor Code of the Russian Federation

Chapter 29. GENERAL PROVISIONS

Article 189. Labor discipline and work schedule

The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, to create the conditions necessary for employees to comply with labor discipline. (As amended by Federal Law No. 90-FZ of June 30, 2006)

The labor schedule is determined by the internal labor regulations. (As amended by Federal Law No. 90-FZ of June 30, 2006)

Internal labor regulations - a local regulatory act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and as well as other regulatory issues labor relations at this employer. (As amended by Federal Law No. 90-FZ of June 30, 2006)

Article 190

(As amended by Federal Law No. 90-FZ of June 30, 2006)

The internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. (As amended by Federal Law No. 90-FZ of June 30, 2006)

The internal labor regulations, as a rule, are an annex to the collective agreement. (As amended by Federal Law No. 90-FZ of June 30, 2006)

Chapter 30. DISCIPLINE OF LABOR

Article 191. Incentives for work

The employer encourages employees who conscientiously fulfill their labor duties (announces gratitude, issues a bonus, awards a valuable gift, a certificate of honor, presents them to the title of the best in the profession).

Other types of employee incentives for work are determined by a collective agreement or internal labor regulations, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards. (As amended by Federal Law No. 90-FZ of June 30, 2006)

Article 192. Disciplinary penalties

For committing a disciplinary offense, that is, non-fulfillment or improper fulfillment by the employee through his fault of the tasks assigned to him job duties, the employer has the right to apply the following disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal on appropriate grounds.

Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) for certain categories employees may also be subject to other disciplinary sanctions. (As amended by Federal Law No. 90-FZ of June 30, 2006)

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of part one of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of part one of Article 81 of this of the Code in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties. (in ed. federal laws dated 30.06.2006 N 90-FZ, dated 28.02.2008 N 13-FZ, dated 03.12.2012 N 231-FZ)

It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline. (Part four was introduced by Federal Law No. 90-FZ of June 30, 2006)

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account. (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 193. The procedure for applying disciplinary sanctions

Before applying a disciplinary sanction, 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)

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. (As amended by Federal Law No. 90-FZ of June 30, 2006)

A disciplinary sanction is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up. (As amended by Federal Law No. 90-FZ of June 30, 2006)

A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes. (As amended by Federal Law No. 90-FZ of June 30, 2006)

Article 194. Removal of a disciplinary sanction

If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary action, then he is considered not to have disciplinary action.

The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

Article 195

(As amended by Federal Law No. 90-FZ of June 30, 2006)

The employer is obliged to consider the statement of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies labor law and other acts containing norms labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.

In the event that the fact of a violation is confirmed, the employer is obliged to apply a disciplinary sanction up to dismissal to the head of the organization, the head of the structural unit of the organization, their deputies.

1. Labor discipline is an established procedure, without which it is impossible to ensure coordinated activities in the process of joint work of employees of the organization (part 1 of article 189 of the Labor Code of the Russian Federation). Labor discipline requires employees to properly fulfill their labor duties, enshrined in Art. 21 of the Labor Code, other federal laws and other regulatory legal acts containing labor law norms (see article 5 and comments to it).

2. The rules of conduct for employees during joint activities are determined by the collective agreement, agreements, as well as local regulations adopted by the employer (within its competence) in the manner prescribed by Art. 8 TK. to local regulations include: internal labor regulations, job descriptions, shift schedules, etc.

3. The regulator of the behavior of employees is the contract concluded with them. labor contract. A specific feature of an employment contract that distinguishes it from civil law contracts (contracts, assignments, paid services, etc.) is the subordination of the employee to the internal labor regulations established in the organization (observance of working hours, technological discipline, timely execution of orders and instructions employer, etc.).

in number essential conditions that make up the content of the employment contract, the rights and obligations of the employee, the regime of work and rest, if it is in relation to this employee differs from general rules established in the organization (see article 57 and comments to it).

4. Part 2 of Article 189 of the Labor Code of the Russian Federation states that labor discipline is ensured by the creation of the necessary organizational and economic conditions for normal high performance operation. Thus, the employer is obliged to provide work stipulated by the employment contract; ensure labor safety and conditions that meet the requirements of labor protection and hygiene; provide workers with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; pay wages on time; take care of the everyday needs of employees related to the performance of their labor duties. With a clear fulfillment by the employer of his obligations to organize the work and life of employees (Article 22 of the Labor Code), there are no grounds for violations of labor discipline in the organization.

5. The internal labor regulations establish: the procedure for hiring and dismissal of employees, the obligations of the employee and the employer, the working hours of the organization, incentives for work and liability for violations of labor discipline.

The duties of employees are formulated in the internal labor regulations in accordance with the provisions of Art. 21 (see commentary to it) in relation to the specific conditions of this organization.

For the obligations of the employer, see comment. to Art. 22.

The law does not establish any special requirements for the content of internal regulations. In each case, it is determined at the discretion of the organization itself. When developing internal labor regulations in an organization, the Model internal labor regulations for workers and employees of enterprises, institutions, organizations, approved by Decree of the State Committee for Labor of the USSR in agreement with the All-Union Central Council of Trade Unions of July 20, 1984 (Bulletin of the State Committee for Labor of the USSR. 1984. No. 11).

6. Along with the internal labor regulations, in some sectors of the economy there are charters and regulations on discipline that provide for increased requirements for certain categories of workers in these industries (part 5 of article 189 of the Labor Code of the Russian Federation).

The need to impose higher requirements on them is due to the fact that violation of the established rules by them can lead to serious consequences. So, in the Regulations on the discipline of employees railway transport Russian Federation, approved Decree of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP RF. 1992. N 9. Art. 608), notes that it defines special conditions observance of discipline by railway transport workers, since its violation poses a threat to the life and health of people, the safety of train traffic and shunting work, the safety of transported goods, luggage and entrusted property, and also leads to non-fulfillment of contractual obligations.

The named Regulation applies to all employees of railway transport organizations, regardless of their organizational and legal forms and forms of ownership. The exception is the categories of employees directly listed in the Regulations. These are employees of housing and communal services and consumer services, workers' supply systems, Catering in railway transport (except for employees of restaurant cars), medical and sanitary, educational institutions, etc. (clauses 1 - 3 of the Regulations).

In the Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy, approved. Decree of the Government of the Russian Federation of July 10, 1998 N 744 (SZ RF. 1998. N 29. Art. 3557) provides that the Charter establishes the duties of employees of relevant organizations in order to ensure the safety of nuclear hazardous facilities and prevent unauthorized actions in relation to nuclear materials, nuclear installations and storage facilities for nuclear materials and radioactive substances, storage facilities for radioactive waste.

The Charter applies to employees of organizations, the list of which is approved by the Government of the Russian Federation, as well as to employees of operating organizations that directly ensure the safety of nuclear facilities. Lists of positions (professions) of employees of organizations to which the said Charter applies are developed and approved by the relevant federal executive authorities.

With regard to customs officers, the Disciplinary Charter of the Customs Service of the Russian Federation applies, approved. Decree of the President of the Russian Federation of November 16, 1998 N 1396 (SZ RF. 1998. N 47. Art. 5742).

7. When applying Article 189 of the Labor Code of the Russian Federation, it should be taken into account that the regulations and charters on discipline are mandatory for all employees who fall under their action. Employers are not entitled to make any changes or additions to them. Certain features relating to the labor schedule of employees subject to regulations and charters on discipline may be provided for in the internal labor regulations of organizations, but they should not contradict the regulations and charters on discipline.

Section VIII. Labor schedule. Labor discipline

GUARANTEE:

See the diagram “Work schedule. Labor discipline "

Chapter 29

Information about changes:

Federal Law No. 90-FZ of June 30, 2006 amended Article 189 of this Code. The amendments shall enter into force 90 days after the date of official publication of the said Federal Law

GUARANTEE:

See Encyclopedias and other comments on article 189 of the Labor Code of the Russian Federation

Information about changes:

Federal Law No. 90-FZ of June 30, 2006 amended Article 190 of this Code. The amendments shall enter into force 90 days after the date of official publication of the said Federal Law

Article 190

GUARANTEE:

See Encyclopedias and other comments on article 190 of the Labor Code of the Russian Federation

The internal labor regulations, as a rule, are an annex to the collective agreement.

Comments on ST 189 of the Labor Code of the Russian Federation

1. Labor discipline - necessary condition(element) of any collective labor, regardless of the organizational and legal form of organization and socio-economic relations that have developed in society. Without observing the established rules of conduct, labor discipline, it is impossible to achieve the goal for which a joint labor process is organized.

In accordance with part 1 of the commented article, labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, local regulations, an employment contract.

In the very general view the rules of conduct for employees (their basic rights and obligations) are defined in Art. 21 TC (see comments to it). In each specific organization, these rules are specified in the collective agreement, agreement, local regulations, labor contract.

2. To ensure labor discipline, it is necessary to create appropriate organizational and economic conditions for normal production activities. The creation of such conditions, Part 2 of the commented article imposes on the employer. Formulated in it general form the obligation of the employer to create the conditions necessary for employees to comply with labor discipline is specified in other articles of the Labor Code and federal laws, in other regulatory legal acts containing labor law norms, a collective agreement, an agreement, local regulations, an employment contract. So, in accordance with Part 2 of Art. 22 of the Labor Code, the employer is obliged: to provide employees with work stipulated by the employment contract; provide them with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; ensure safety, security and health at work; pay employees wages in full and on time; provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement; provide for the everyday needs of employees related to the performance of their labor duties, etc. (see comments to it).

3. The obligation of the employee and the employer to observe labor discipline means, first of all, the obligation to comply with the labor schedule established by the employer. The labor schedule is determined by the internal labor regulations.

In accordance with part 4 of the commented article, the internal labor regulations are a local normative act. As a local normative act, the internal labor regulations must be adopted in accordance with the rules established by Art. 8 of the Labor Code (see comments to it and to article 190).

The content of the internal labor regulations for each employer is determined in relation to the specific conditions and specifics of his work. However, it must comply with the Labor Code and other federal laws. Thus, the rights and obligations of employees and the employer should be determined in the internal labor regulations, taking into account the provisions of Art. Art. 21 and 22 TC; the procedure for hiring - in accordance with the requirements of Art. 68 of the Labor Code of the Russian Federation. The procedure for dismissal of employees must comply with the rules established by Art. Art. 77 - 84, 179 - 181 and other articles of the Labor Code of the Russian Federation.

The legislator does not limit the content of the internal labor regulations to the provisions expressly specified in Part 4 of Art. 189 of the Labor Code of the Russian Federation. They may include other issues that require settlement with the employer. In each case, their nature is determined by the employer.

4. Along with the rules of internal labor regulations in some sectors of the economy (railway, sea, river transport; communications, etc.), charters and regulations on discipline are in force for certain categories of workers. In accordance with part 5 of the commented article, the charters and regulations on discipline are established by federal laws. Currently, before the adoption of the relevant laws, the statutes and regulations on discipline approved by the Government of the Russian Federation are in force. They provide for increased requirements for certain categories of workers in certain industries. The need to impose higher requirements on them is due to the fact that violation of the rules established by them can lead to serious consequences.

For example, the Regulations on the discipline of railway workers of the Russian Federation, approved. By Decree of the Government of the Russian Federation of 08.25.1992 N 621, it was established that in order to ensure the safety of train traffic and shunting work, the safety of transported goods, luggage and other entrusted property, as well as to avoid situations that threaten the life and health of passengers, from employees of enterprises, institutions and organizations of railway transport require high organization in work and impeccable performance of labor duties. Violation of discipline in railway transport poses a threat to the life and health of people, the safety of train traffic and shunting operations, the safety of transported goods, luggage and other entrusted property, and also leads to non-fulfillment of contractual obligations.

The named Regulation applies to all employees of railway transport organizations, regardless of their organizational and legal form and form of ownership, with the exception of employees expressly specified in the Regulation. In particular, it does not apply to employees of housing and communal services and consumer services, the system of working supplies, public catering on railway transport (except for employees of dining cars), medical and sanitary, educational institutions, etc. Decree of the Government of the Russian Federation dated 11.10. 1032 this Regulation, with the exception of certain points, is extended to metro workers.

According to the Charter on the discipline of maritime transport workers, approved. By Decree of the Government of the Russian Federation of May 23, 2000 N 395, a maritime transport employee is obliged to contribute to ensuring the safety of navigation of ships, protection and preservation environment, maintaining order on ships, preventing damage to ships, people and goods on them, as well as ensuring the safety and security of technical means, equipment and other property of maritime transport.

Charter on the discipline of employees of organizations operating especially radiation and nuclear hazardous industries and facilities in the field of atomic energy use, approved. Federal Law No. 35-FZ of 08.03.2011, in order to ensure the safety of these industries and facilities, establishes increased labor discipline requirements for certain categories of employees of such organizations. In particular, the Charter establishes the obligation of employees to immediately arrive at work on the call of the employer or a person authorized by him to prevent the development of an accident or eliminate its consequences, not to leave their workplace(duty shift workers - not to leave without permission a nuclear installation, a radiation source or a storage facility for nuclear materials and radioactive substances, a radioactive waste storage facility).

The list of named operating organizations was approved by Decree of the Government of the Russian Federation of July 20, 2011 N 597. Lists of positions (professions) of employees of operating organizations, incl. employees who directly ensure the safety of especially radiation and nuclear hazardous industries and facilities in the field of atomic energy use are approved by the relevant authorities for the management of the use of atomic energy and are subject to registration and publication in the manner established for state registration and publication of normative legal acts federal bodies executive power.

Regulations and statutes on discipline are obligatory for all workers who fall under their actions. Organizations are not entitled to make any changes or additions to the regulations and charters on discipline. Some specifics regarding the work schedule of employees subject to regulations and statutes on discipline may be provided for in the internal labor regulations. However, they should not contradict the regulations and charters on discipline, as well as worsen the position of employees in comparison with laws, other regulatory legal acts containing labor law norms, a collective agreement, an agreement.

The labor schedule is determined by the internal labor regulations.

Internal labor regulations - a local normative act that regulates, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and as well as other issues of regulation of labor relations with this employer.

Commentary on Article 189 of the Labor Code of the Russian Federation

Article 189 of the Labor Code of the Russian Federation defines labor discipline and internal labor regulations. According to this article, discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the labor legislation of our country. The internal labor regulations are a local normative act that regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours and rest periods, incentives and penalties for personnel, as well as other issues of regulating labor relations in a particular company. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

Another commentary on Art. 189 of the Labor Code of the Russian Federation

1. The concept of labor discipline, formulated in the commented article, as a whole reflects the essence of the employee's obligation to fulfill certain rules behavior at work. The content of labor discipline is the subordination of the employee to the provisions of labor legislation, the terms of the employment contract and the orders of the employer based on them. In the most general form, the duties of an employee are defined in the provisions of Part 2 of Art. 21 of the Labor Code of the Russian Federation (see commentary). The very essence of labor relations determines the obligation of the employee to fulfill the orders of the employer as the owner of the means of production.

2. Labor discipline includes the mutual rights and obligations of the employer and employee. The employer is obliged to create appropriate conditions for the observance of labor discipline: the organization must have a system of local regulations containing instructions on the rules of behavior of employees in the labor process. This system of acts includes job descriptions, qualification characteristics employees, shift schedules, vacation schedule, etc. The most important of the local regulations in terms of focusing on ensuring labor discipline are the internal labor regulations. In terms of their significance and place in the regulation of labor relations, they are comparable with the collective agreement. All other local regulations can serve as annexes to these two acts, which form the basis of local legal regulation.

3. The internal labor regulations should include rules on the procedure for hiring, indicating which of the employer's officials has the right to approve and sign an employment contract, which documents, depending on the position or work performed, must be submitted when applying for a job (see. article 65 of the Labor Code of the Russian Federation and commentary to it).

4. The internal labor regulations should fix the procedure for dismissal of employees, which determines the procedure for filing an application for dismissal at the initiative of the employee, the procedure for signing a bypass sheet (if any), handing over material assets in the use of the employee, etc. Especially detailed in the rules of the internal labor regulations should regulate the application of incentive measures and disciplinary sanctions to employees (see Articles 191, 192 of the Labor Code of the Russian Federation and commentary thereto).

5. Fixing the rights and obligations of the employer and employee in the internal labor regulations is based on the provisions of Art. Art. 21 and 22 of the Labor Code of the Russian Federation (see comment), and no more detailed specification is carried out.

6. The internal labor regulations must contain norms on the mode of operation of the organization: the beginning of work and its completion; break times at work. In multi-shift work, it is advisable to draw up shift schedules as independent acts or attach them to the internal labor regulations (see article 103 of the Labor Code of the Russian Federation and commentary thereto).

7. Maintaining and strengthening labor discipline is facilitated by the extremely clear consolidation of the provisions on rest time. Local norms on the duration of basic and additional holidays for groups of workers should be fixed in the collective agreement, and on the beginning and duration of breaks during the working day - in the internal labor regulations.

8. Recently, in addition to the internal labor regulations, such local regulations as the rules of conduct for employees of a particular organization have become widespread, where corporate rules are fixed, which are more of an ethical nature than a legal one. These include rules regarding the appearance of workers, their clothes, the order of communication between workers and with visitors (clients, patients, etc.). In this case, in the internal labor regulations, blanket norms are formulated that refer to the named local acts.

9. In organizations of certain sectors of the economy, along with the internal labor regulations, charters and regulations on employee discipline are in force. The presence of these acts is due to the special complexity of the work of workers in these industries and the increased requirements for their observance of labor discipline. For example, non-observance of labor discipline by railway or maritime transport workers under certain circumstances can cause serious man-made accidents. Therefore, along with the disciplinary measures established by the Labor Code, some additional measures may be applied to employees of these industries, provided for by charters and regulations on discipline (see Article 192 of the Labor Code of the Russian Federation and commentary thereto). But at the same time, the charters and regulations on the discipline of workers in individual industries provide for additional types incentives that can be applied for conscientious performance of labor duties (see article 191 of the Labor Code of the Russian Federation and commentary thereto).

10. The following disciplinary statutes, statutes and discipline regulations are currently in force:

- Regulations on the discipline of employees of the railway transport of the Russian Federation, approved by Decree of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP RF. 1992. N 9. Art. 608). In accordance with Decree of the Government of the Russian Federation of October 11, 1993 N 1032 (SAPP RF. 1993. N 42. Art. 4008), this Regulation is extended to regulate the labor of metro workers;

- The disciplinary charter of militarized mine rescue units in transport construction, approved by Decree of the Government of the Russian Federation of July 30, 1994 N 879 (SZ RF. 1994. N 17. St. 1979);

— Disciplinary charter of paramilitary mine rescue units for maintenance mining enterprises metallurgical industry, approved by Decree of the Government of the Russian Federation of January 16, 1995 N 47 (СЗ RF. 1995. N 4. Art. 310);

- The Disciplinary Charter of the Customs Service of the Russian Federation, approved by Decree of the President of the Russian Federation of November 16, 1998 N 1396 (СЗ RF. N 47. 1998. Art. 5742);

— Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy, approved by Decree of the Government of the Russian Federation of July 10, 1998 N 744 (SZ RF. 1998. N 29. Art. 3557);

- Charter on the discipline of maritime transport workers, approved by Decree of the Government of the Russian Federation of May 23, 2000 N 395 (SZ RF. 2000. N 22. Art. 2311);

- Charter on the discipline of workers of the fishing fleet of the Russian Federation, approved by Decree of the Government of the Russian Federation of September 21, 2000 N 708 (SZ RF. 2000. N 40. Art. 3965);

- Charter on the discipline of the crews of supply ships Navy, approved by Decree of the Government of the Russian Federation of September 22, 2000 N 715 (SZ RF. 2000. N 40. Art. 3966).

11. The statutes and regulations on discipline may not apply to all workers in the industry, but only to those whose actions may cause increased harm. Thus, the Ministry of Transport of the Russian Federation, by Order No. 89 of August 25, 2000, approved the List of employees who are subject to the Charter on the discipline of maritime transport workers, including workers in key positions. On the other hand, the operation of statutes on discipline may have an intersectoral character, i.e. apply to workers employed in the same jobs, but in different industries. Ministry of General and vocational education The Russian Federation, by Order No. 2220 of August 25, 1998, extended the scope of the Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy to a number of employees of educational institutions whose work is related to the use of atomic energy sources.

The employer is given the right to encourage employees for conscientious efficient work, as well as to bring negligent employees to disciplinary responsibility.

When the employer applies disciplinary measures, he is obliged to strictly comply with all the requirements established by the current labor legislation. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline. In addition, the application of disciplinary sanctions in violation of the procedure established by the Labor Code of the Russian Federation is not allowed.

in the theory of law, the concepts of labor, production and technological discipline are distinguished. Production discipline is aimed at ensuring order in production, related to the implementation of labor standards, respect for the property of the employer, compliance with the order in the workplace, and so on. Technological discipline - component production discipline, is to comply technological processes, rules for handling machines and so on. Labor discipline is a broader concept, which includes, among other things, both production discipline and technological discipline.

Thus, labor discipline is a concept that implies a certain order of relationships for participants in labor relations, and includes a number of concepts that define the mandatory rules for regulating a particular employer's labor schedule, labor protection, remuneration, labor rationing, and so on.

Labor discipline is a hallmark of labor relations. The duty to observe labor discipline is one of the main duties of the employee as a subject of labor relations. At the same time, the employer is obliged to create the conditions necessary for employees to comply with labor discipline.

The parties to disciplinary relations are all participants in labor relations, primarily the employee and the employer. This is followed by relations between the labor collective and its members, the administration and the labor collective, the worker and the worker, and so on.

As an independent institution of labor law, labor discipline is a set of norms, rules of conduct that regulate relations in the field of labor discipline.

In this regard, the content of labor discipline can be considered in two aspects: objective and subjective.

In an objective sense, labor discipline includes norms that establish a labor schedule by fixing the labor duties of employees and the employer, rules of conduct in the labor process, a certain mode of work and rest. This procedure is regulated by the norms of the Labor Code of the Russian Federation, other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, an employment contract, adapts to the conditions of production, features of labor organization and is valid for a particular employer in the form of an internal labor schedule.

The subjective side of labor discipline is the assessment of the behavior of employees in the labor process, which includes incentives for success in work, stimulating disciplined work, as well as bringing to responsibility for violation of labor discipline. In a subjective sense, labor discipline can be considered as an indicator of compliance with the internal labor regulations, as the lawful behavior of participants in labor relations.

Labor discipline is a form of social communication between people, which leads to a change in its content, incentives and methods of ensuring it along with the development public relations.

At present, the strengthening of labor discipline requires other incentives to strengthen labor motivation. Labor motivation is a factor that determines the inclusion of the interests of each individual in productive work. Motivation to work is a subjective aspect of labor discipline. On the labor motivation it is possible to influence through psychological and moral influence (the method of persuasion), material and moral and legal incentives, the provision of various benefits and benefits (the method of encouragement), as well as through disciplinary measures applied to violators of labor discipline (the method of coercion).

In general, labor discipline management methods can be divided into three groups: economic, psychological and legal. Let us dwell in more detail on the methods of legal influence.

If earlier the “Labor Code of the Russian Federation” (lost force on February 1, 2002) distinguished three methods: persuasion, encouragement and coercion, then within the framework of the current Labor Code of the Russian Federation, which reflected the change in social relations in our country, only encouragement methods are normatively fixed and coercion.

It should be noted that the practice of applying these methods goes back thousands of years. Over the centuries, it was not the methods that changed, but their content and combination. At the same time, encouragement and coercion are most often used to manage labor discipline, because for a long time the art of managing people has been a skillful combination of the “carrot and stick” method.

Labor discipline can be considered as a set of legal means and measures to establish, comply with and ensure internal labor regulations.

Many authors refer to the methods of regulating labor discipline:

- coercion (that is, bringing to disciplinary responsibility).

At the same time, the majority point to the exclusively psychological and moral nature of the method of persuasion.

The method of persuasion, as an educational measure of influence on the consciousness of an employee in order to encourage him to useful activities or prevent unwanted actions, in modern conditions of a market economy, unemployment, an overabundance of labor, has practically lost its relevance. Now an employer with violators of labor discipline can terminate an employment contract and fill vacancies with competent, disciplined professionals. However, it is very important in these cases that the employer remembers his obligation to strictly follow the law and the norms of local regulations.

Moreover, if the method of persuasion can be used solely at the discretion of the employer, administration or labor collective, then the application of incentives and disciplinary sanctions is governed by the legal norms of the federal and local levels.

Labor Code, N 197-FZ | article 189 of the Labor Code of the Russian Federation

Article 189. Labor discipline and work schedule

Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract. The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, to create the conditions necessary for employees to comply with labor discipline. The labor schedule is determined by the internal labor regulations. Internal labor regulations - a local normative act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and as well as other issues of regulation of labor relations with this employer. For certain categories of employees, the charters and regulations on discipline established by federal laws apply.

Legal advice under Art. 189 Labor Code of the Russian Federation

Fedor Budarin

how to write a correct application to the employer for the first higher education in absentia?

Lawyer's response:
If the employer is not interested in you as a qualified specialist and does not meet halfway for you to receive a higher education, I will give you excerpts from the Labor Code. Article 189. Short-term leave without saving wages which the employer is obliged to provide to the employee The employer is obliged, at the request of the employee, to provide leave without pay for up to 14 calendar days to the following categories of employees: 1) women with two or more children under the age of fourteen or a disabled child under the age of eighteen; 2) veterans of the Great Patriotic War and veterans of military operations on the territory of other states; 3) caring for a sick family member in accordance with a medical report; 4) disabled people working in industries, workshops and areas specially designed for the work of these persons; 5) other employees in cases stipulated by the legislation, collective agreement, agreement. The holidays provided for by part one of this article are granted during the calendar year within the period agreed by the parties. Article 190 for other valid reasons, in addition to those provided for by part one of Article 189 of this Code, an employee, upon his written application, may be granted leave during the calendar year without pay for not more than 30 calendar days, unless otherwise provided by the collective agreement, agreement. The validity of the reasons is assessed by the employer, unless otherwise established by the collective agreement, agreement. As you can see, there is no obligation for the employer to provide you with a vacation "at his own expense". This means that if the employer does not recognize your reason (session) as valid, the leave "at your own expense" may not be provided. Look for a compromise, read collective agreement carefully (if your employer has one), read your employment contract (contract).

Alla Baranova

Is material assistance paid for vacation to employees hired temporarily for the period of maternity leave?

Lawyer's response:
Read carefully the local acts of your organization - this may be the Collective Agreement, Internal Labor Regulations ( binding document for each organization, regardless of the form of ownership (Article 189 of the Labor Code of the Russian Federation), Regulations on bonuses, etc. Your employer was obliged to familiarize you with the above documents against signature when applying for a job. I am sure you will find the answer in these documents. Well and Labor Code The Russian Federation, unfortunately, does not oblige the Employer to pay material assistance. This is the right of the employer, but not the obligation!

Boris Lyalkin

Lawyer's response:
The answer to your question contains Article 189 of the Labor Code of the Russian Federation. Article 189 to employees, incentives and penalties, as well as other issues of regulating labor relations with this employer. That is, for example, the rules of the schedule indicate the start time of 7.00, then you must come for the outfit at 7.00. If you are offered to receive an outfit earlier, for example, 6.45, then you have the right to refuse, because this is your personal time - article 106 of the Labor Code of the Russian Federation

Stanislav Pushkarny

why do we need internal labor regulations and is it necessary to have them in an organization at all?

Well, this is, as it were, in case inspectors from the relevant authorities decide to come to you, or they ask for some kind of proceedings.

Ilya Mushnikov

Help draw up a draft of the internal labor regulations of the organization. And to reveal the concepts, content and its meaning. Thank you for your attention) . Yes, you need to study. Looked like I found something, but maybe someone else will tell you something.

Lawyer's response:
The internal labor regulations are usually a very voluminous document on 4-5-6--- sheets. Personally, I developed it together with my employees and compiled it for about two months. So the request from you, one might say, is "very modest ;-"))))). What exactly these Rules should contain can be found in the comments to the Labor Code of the Russian Federation (Articles 189-190.) If you need for any diploma or term paper, then you can also download and redo something from the Internet. And if for a real enterprise, then everything needs to be developed very carefully, because this document is first of all checked by the tax and labor inspectorates, and the prosecutor's office, and so on. organs.

Alexey Kaplan

Where can I see a list of misconduct violations of labor discipline for which penalties can be imposed and for which Fr. The following situation has arisen. The immediate supervisor brought me for review and signature an updated job description with the addition of new functions and already certified by the head of the department, a lawyer and the Director. I unknowingly signed it. After clarifying the situation with colleagues (which without my consent this instruction cannot enter into force as it is the main document labor function, the employment contract refers to it). I annulled the signature by crossing it out, indicated I disagree next to it. The management stated that damage to the certified document is a gross violation of labor discipline and they announce a reprimand. Haven't seen the command yet. Perhaps a similar punishment for crossing out your signature and making notes with a pencil, which I disagree with? Where can I see a list of misconduct violations of labor discipline for which penalties can be imposed and how? What to do?

Lawyer's response:
The list of disciplinary sanctions that may be imposed on an employee is contained in Art. 192 of the Labor Code: - remark, - reprimand, - dismissal. This list is exhaustive. You can see what this or that disciplinary sanction can be imposed for in the internal labor regulations of the organization in which you work. In accordance with Art. 189 of the Labor Code, this document regulates, among other things, penalties. And with the order to announce a reprimand, you should have been familiarized with signature within 3 working days from the date of its issuance (Article 193 of the Labor Code). Prior to issuing such an order, written explanations should have been requested from you. If you did not give explanations, did not see the order, then the employer violated the procedure for applying a disciplinary sanction.

- Lawyer's response:
  The Labor Code of the Russian Federation does not contain an unambiguous answer to this question. Indeed, the employer’s right to attest employees working for him under an employment contract in order to assess their qualifications was not directly enshrined in the Code, although other laws and other regulations establish the procedure and conditions for attestation of certain categories of workers. In particular: - heads of federal state unitary enterprises are certified in accordance with the Regulations approved by Decree of the Government of the Russian Federation of March 16, 2000 No. 234 "On the procedure for concluding contracts and certification of heads of federal state unitary enterprises" (as amended on October 4, 2002); - federal civil servants undergo certification in accordance with the Regulations on the certification of a federal civil servant, approved by Decree of the President of the Russian Federation of March 9, 1996 No. 353 (as amended on November 12, 1999); teaching staff follows from paragraph 5 of Article 37 of the Law of the Russian Federation of July 10, 1992 No. 3266-I "On Education" (as amended on December 23, 2003). At the same time, the Labor Code of the Russian Federation also does not establish a direct ban on employers to conduct certification of their employees. In this regard, however, it must be borne in mind that the procedure and conditions for the certification of employees of the organization, including the list of categories of employees subject to certification, should be regulated accordingly. This means that, first of all, issues related to the certification of employees should be reflected in the internal labor regulations of the organization. This requirement follows from Article 189 of the Labor Code of the Russian Federation, which determines that the internal labor regulations of the organization (with which the employee, when hiring, must be familiarized in without fail) are a local regulatory act of the organization that regulates: the procedure for hiring and dismissing employees; basic rights, duties and responsibilities of the parties to the employment contract; working hours and rest periods; incentives and penalties applied to employees; other issues of regulation of labor relations in the organization (in particular, issues of certification of employees). That is, in the internal labor regulations of the organization, for example, a provision can be fixed that the list of positions of employees subject to certification, the procedure and conditions for its implementation are regulated by the provision approved by the head of the organization, which will have the force of a local regulatory act adopted by the employer within of its competence in accordance with laws and other normative acts, a collective agreement, agreements (part one of Article 8 of the Code) .

Tatyana Denisova

What is the right way to deal with a bank? How to deal with the bank: a person, knowing the number of my "Private bank" card, took out all my personal data - registration, phone numbers, etc. Then he published this data on an open resource.

it would be right to write to the prosecutor's office to check the legality of all these manipulations, and then sue

Petra Panina

Can a single mother quit her job without a job? A friend said that, by law, a single mother has the right to quit her job, without working off two weeks. Has anyone heard of this? If so, then tell me, in what law is this spelled out?

Lawyer's response:
shopping mall rf: the parties to an employment contract have mutual rights and obligations; the employer has the right to require the employee to fulfill his labor duties; labor discipline - obligatory for all employees obedience to the rules of conduct; the employee, if the employment contract is concluded for a period of more than two months or the probationary period has expired or has not been assigned, has the right to terminate the employment contract by notifying the employer in writing not later than two weeks. . the code does not contain any conditions that reduce the named period, including for single mothers, with the exception of the agreement of the parties and the points specified in Art. 80 of the Labor Code, namely: when the employee's application for dismissal, on his initiative, is due to the impossibility of continuing his work, as well as in cases of established violation by the employer of labor legislation;

Svetlana Kiseleva

I need your help, so I work in one store, and they took and introduced such a scheme of work from us, who does not fulfill the plan fine

I had the same situation, no one has the right to impose a fine for this, I personally quit! Incidentally not the Euroset???? Legal, illegal - it doesn't matter.)) Even if it's not legal, you won't go to any law enforcement agencies...

Lydia Putina

I'm on vacation!! When you leave, do you have to work 2 weeks after your vacation?

Lawyer's response:

Daria Veselova

Penalty for being late for work? I was late for 25 minutes, I could not warn the authorities because there was no money on the phone. The director decided to fine 3000r. for being late and not letting me know. salary per day in our company 1000 r. Is it legal?
- Lawyer's response:
  Agree with the first post. You cannot legally impose a fine, you can only demand an explanatory note. But if part of the salary is "in an envelope", then the employer (if not an idiot) will deduct from this money. As for the conditions in the employment contract, job descriptions, etc. regarding the collection of fines - even if something like that is prescribed there, this condition will contradict the current legislation, since the labor legislation contains an exhaustive list of deductions from wages and the basis for deduction and or attraction to liability late is not.

Alexandra Bobrova

Is it possible to quit without working for 2 weeks?

by virtue of the provisions of Art. 22, 70, 71, 80, 189, 292 of the Labor Code of the Russian Federation: the parties to an employment contract have mutual rights and obligations; the employer has the right to require the employee to fulfill his labor duties; labor discipline is a must for ...

Alina Anisimova

let THAT justify who considers these rules binding ... and not NO, and there is no justification Chapter 29 of the Labor Code of the Russian Federation Articles 189,190. As a rule, this is an appendix to the collective agreement.

Margarita Lebedeva

How to quit without working 2 weeks? Worked for the organization for 6 months. Now I want to go on vacation for 2 weeks and quit. The employer forces you to work after vacation for another 2 weeks. Are his demands correct? Why can't my vacation count towards these 2 weeks?

Do not work out and notify 2 weeks in advance. During the notification period, you can work, be on a day off, on vacation, on sick leave If on a trial period, then 3 days in advance

Antonina Frolova

Where should I go if the ex-husband stopped paying alimony? It does not work officially) Please tell me!

If the husband is required by the court to pay alimony, get a writ of execution and contact the bailiffs. Whether the father of the child works or not is of no interest to anyone. If he evades, he will be intimidated by an article that for non-compliance with court decisions ...

Artem Marushin

Can I not work for 2 weeks upon dismissal

Lawyer's response:
by virtue of the provisions of articles 22, 70, 71, 80, 189, 292 of the Labor Code of the Russian Federation: the parties to the employment contract have mutual rights and obligations; the employer has the right to require the employee to fulfill his labor duties; labor discipline - obligatory for all employees obedience to the rules of conduct; the employee, if the employment contract is not concluded for a period of up to two months, the probation period has expired, has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance. . the code does not contain any conditions that reduce the said period, with the exception of the agreement of the parties and the points specified in article 80 of the code, namely: when the employee’s application for dismissal, on his initiative, is due to the impossibility of continuing his work, as well as in cases of established violation by the employer of labor legislation..

Nadezhda Petukhova

They want to fire me for nothing. there are always scandals with my boss. he constantly reprimands me. when I write explanatory notes in my favor, he does not accept such explanatory notes and forces them to be rewritten almost from dictation. I already have two reprimands. he says that one more and he will fire me. Can they get fired for three reprimands? I don't drink and I'm not late for work. reprimands purely on working mamentam.

I've been fired a thousand times, there's nothing wrong with that

Daniil Fedorushkov

Sample order to change the internal labor regulations. moreover, that the work schedule changes (the beginning and end of the working day is shifted by half an hour) and only at the sales department. How to correctly issue this order?

Lawyer's response:
The document most loved by labor inspectors is the company's internal labor regulations. This local normative act determines the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, the mode of operation, rest time, incentives and penalties applied to employees, etc. This is stated in article 189 of the Labor Code. This list is not exhaustive. The company may establish other conditions in the internal labor regulations. The main thing is that they do not worsen the position of the employee in comparison with the Labor Code and the collective agreement (if any). The head of the company approves the internal labor regulations, taking into account the opinion of the representative body of employees, if any. It is necessary to familiarize the employee with the rules of the internal company schedule against receipt when hiring. And if the management decided to make changes to this document - two months before their approval. In the internal labor regulations, you need to show the specifics of the work of your company, while not deviating from the Labor Code. For example, it is forbidden to indicate how many parts an employee's vacation can be divided into. The main thing is that one of them be at least 14 calendar days (Article 125 of the Labor Code). It is also illegal to deprive an employee who is on probation from allowances. Note that the employee must be familiar with this document and may even, in accordance with Article 62 of the Labor Code, demand a copy of it.

Yakov Donskov

How to quit without working as a single mother? Child 8 years old

Lawyer's response:
On the common grounds. The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance (Article 80 of the Labor Code of the Russian Federation). By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

Margarita Kolesnikova

How to quit your job without working 2 weeks?

By agreement with management.

Maria Sorokina

Can an employer sue an employee? got a job with probationary period 3 months, worked for 5 months, they didn’t register me, and they were going to fire me. When hiring, she signed an employment contract, in which no numbers were affixed, the contract on liability was also without a number. Before leaving I took work book for child support, but it did not have a job record. I warned my boss and the next day I didn’t go to work, but I didn’t hand over the money that I took from the buyer, I said that this amount would be deducted from my salary, what would I get for it

You have stolen money that does not belong to you. A smart head of an organization will not even go to court, he will write a statement to the police, and they will be happy with such a gift, work for two days, and the criminal case is ready.

Konstantin Grinyakin

please tell me if it is necessary when dismissing own will work 2 weeks? Work

Lawyer's response:
Article 80. Termination of an employment contract at the initiative of the employee (at his own request) [Labor Code of the Russian Federation] [Chapter 13] [Article 80] An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks, if otherwise the term is not established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal. By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal. Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him. THIS MEANS. THAT YOU SHOULD WRITE A STATEMENT WITH A REQUEST TO FIRE YOU FROM WHAT DATE, SPECIFY THE DATE. AND IF THE MANAGER DOES NOT AGREE. THAT WILL WRITE WITH "WORKING OUT". AND YOU WILL "WORK".

Alla Gromova

Is it possible to force a worker to work for 2 weeks if he has a statement of payment by agreement of the parties? the letter of resignation was accepted on December 28, and he asks to be fired from December 30

are you asking the question for fun? not very funny. but it would be interesting to see a statement about the settlement by agreement of the parties.

Tatyana Egorova

What is paid first - current taxes and fees or debts on taxes and fees

Lawyer's response:
In accordance with paragraph 2, the funds are written off in the following order of payments: The first priority of payments is written off according to executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the recovery of alimony The second order of payments - is written off according to executive documents providing for the transfer or issuance of funds for settlements on the payment of severance pay and wages with persons working under an employment contract, including under a contract, for the payment of remuneration under an author's agreement. By a resolution of the Constitutional Court of the Russian Federation, the issue of the order of payments was considered and the following definition was made: -FZ (Article 35), dated December 30, 2001 N 194-FZ (Article 37), dated December 24, 2002 N 176-FZ (Article 32), dated December 23, 2003 N 186-FZ (Article 31), dated 23.12.2004 N 173-FZ (Article 26), dated 26.12.2005 N 189-FZ (Article 26) established, prior to the introduction, in accordance with the decision of the Constitutional Court of the Russian Federation, of amendments to paragraph 2 of Article 855 of the Civil Code of the Russian Federation, when insufficiency of funds in the taxpayer's account to satisfy all the requirements presented to him, the debiting of funds under payment documents providing for payments to the budget and state non-budgetary funds, as well as the transfer of funds for settlements of wages with persons working under an employment contract (contract), are made in order of calendar order of receipt of documents after the transfer of payments related to the specified article Civil Code Russian Federation to the first and second priority. The provision of the fourth paragraph of clause 2 was recognized as inconsistent with the Constitution of the Russian Federation by the Resolution of the Constitutional Court of the Russian Federation of December 23, 1997 N 21-P, based on the fact that the mandatory write-off established in paragraph five of this clause for payment documents providing for payments to the budget and off-budget funds means only collection of debts on the specified payments on the basis of instructions of the tax authorities and tax police, which are indisputable. In accordance with Part 3 of Article 79 of the Federal Constitutional Law No. 1-FKZ of July 21, 1994, acts or their individual provisions recognized as unconstitutional become invalid. The third order of payments - by the Resolution of the Constitutional Court of the Russian Federation of December 23, 1997 No. 21-P, is recognized as not complying with Article 19 (part 1) of the Constitution of the Russian Federation. Prior to the introduction of amendments to the Civil Code of the Russian Federation, write-offs under payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment agreement (contract), as well as for contributions to the Pension Fund of the Russian Federation, the Fund social insurance RF and compulsory medical insurance funds are carried out on the basis of the following: Decree of the Presidium Supreme Court RF dated 06/03/1998, the decision of the Supreme Court of the Russian Federation dated 12/10/1996 N GKPI 96-325-339, 346 was amended: “... if the funds in the taxpayer’s account are not enough to satisfy all the claims made against him, the debiting of funds according to payment documents providing for payments to the budget and state extra-budgetary funds, as well as the transfer of funds for settlements of wages with persons working under an employment contract (contract), should be made in the order of the calendar order of receipt of documents after the transfer of payments classified by Article 855 of the Civil Code of the Russian Federation as the first and second priority" The fourth priority of payments - write-offs are made according to payment documents providing for payments to the budget and extra-budgetary funds, deductions to which are not provided

Ksenia Vorobieva

Rebuke. Guys, tell us, please, what disciplinary measures can be applied at the enterprise? ? Warning ... reprimand .. I'm interested in the worst)) what is the correct name? ? reprimand with entry in a personal file or dismissal under an article? ? What is the worst thing employers can do? ? And what can adversely affect further employment (for example, dismissal under an article that is indicated in the labor can complicate further employment). Thank you very much in advance!!!

Lawyer's response:
Article 192 ; 2) reprimand; 3) dismissal on appropriate grounds. Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) may also provide for other disciplinary sanctions for certain categories of employees. Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of part one of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7 or 8 of part one of Article 81 of this Code in cases when guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline. When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

Valentin Gorbyshev

Can I be fired for one misdemeanor?

Depends on what kind. . .Being late for 30 minutes or drinking at work different offenses depend on the violation. One-time gross violation So it depends on the misconduct Challenge the dismissal in judicial order If you have previously been reprimanded or...

Elena Nikiforova

Working time.

Yes. Everything is relative, for administration workers, as a rule, a bonus is set for intensity, or an irregular working day. pay attention to Art. 91 of the Labor Code of the Russian Federation, in which the legislator fixed the concept of working time ...

Yaroslav Putilin

boss asks what to do? always finds reasons for me to write explanatory letters to her, after how many explanatory ones can there be dismissal?

Lawyer's response:
Look at the offenses. There is a dismissal for a one-time failure to fulfill their duties. But this applies for a serious violation. Do not write explanations. Explanatory you recognize the presence of misconduct and your guilt. Let the boss take the trouble to prove it. Ignore. It will look like slander on his part. And of course, try not to allow even such an opportunity that you would have something to reproach. Then most likely it will bother him or his superior official. Work well and everything will be forgotten. Good luck.

Oleg Demakov

Should the opportunity quit early?

leave without a salary find the right words for the manager.... explain that this is a career chance for you.. embellish a little... put pressure on pity... and would try to find a replacement for them... the most the best option 1. Still negotiate ...

- Lawyer's response:
  Workwear refers to the means personal protection, with which the company is obliged to provide employees employed: - in work with harmful and (or) hazardous conditions labor; - at work performed in special temperature conditions; - at work related to pollution. This is stated in paragraph 6 of part 2 of article 212 and article 221 of the Labor Code of the Russian Federation. The rules for providing employees with overalls were approved by the Decree of the Ministry of Labor of Russia dated December 18, 1998 No. 51. The lists of professions for which wearing overalls is mandatory, the types of overalls, the norms for issuing them and the terms of use (socks) are established by standard industry standards. To improve the working conditions of employees, the company has the right to deviate from industry rules. On its own initiative, the company can: - reduce the frequency of replacing workwear in comparison with standard norms (part 2 of article 221 of the Labor Code of the Russian Federation); - replace the overalls provided for by the standard norms with another type of overalls (part 2 of article 221 of the Labor Code of the Russian Federation). To do this, a written request must be sent to the regional labor inspectorate, in which the need to replace workwear should be justified (clause 5 of the Rules approved by the Decree of the Ministry of Labor of Russia of December 18, 1998 No. 51, part 2 of article 221 of the Labor Code of the Russian Federation). After receiving a positive response, instead of the overalls provided for by the standard industry standards, you can issue another type of overalls. If the replacement is not of a fundamental nature (for example, instead of a jacket, an employee was given a windbreaker), then it is not necessary to coordinate it (letter of the Ministry of Finance of Russia dated April 5, 2006 No. 03-03-04 / 1/320); - provide employees, professions and whose positions are not provided for by standard norms. To do this, it is necessary to carry out certification of workplaces (clause 6 of the Rules approved by the Decree of the Ministry of Labor of Russia dated December 18, 1998 No. 51, part 2 of article 221 of the Labor Code of the Russian Federation). The certification procedure is established by the Decree of the Ministry of Labor of Russia dated March 14, 1997 No. 12. According to the results of the certification, the employee's working conditions must be recognized as harmful (dangerous) or associated with pollution. If the company has a trade union, then it is necessary to coordinate with it the issuance of overalls that are not provided for by standard norms (part 2 of article 221 of the Labor Code of the Russian Federation). The procedure for issuing overalls should be fixed in internal documents firms, for example in a collective agreement or labor regulations. At the same time, it is necessary to establish: - a list of positions associated with harmful and (or) dangerous working conditions (pollution); - norms for the issuance of overalls for each position; - the wear period, after which the employee must be issued a new set of overalls. This conclusion can be drawn from paragraphs 7, 24 of the Rules approved by the Decree of the Ministry of Labor of Russia dated December 18, 1998 No. 51, as well as part 4 of article 189 and paragraph 9 of part 2 of article 41 of the Labor Code of the Russian Federation. The company must purchase workwear at the expense of own funds and issue it to employees free of charge (part 3 of article 221 of the Labor Code of the Russian Federation). In some cases, protective clothing can be purchased through accident and occupational health insurance premiums. Since overalls (for example, overalls, helmets, boots, etc.) must be certified, when purchasing, you need to make sure that it has certificates of conformity (part 6 of article 215 of the Labor Code of the Russian Federation). It is impossible to issue uncertified overalls to employees (clause 8 of the Rules approved by the Decree of the Ministry of Labor of Russia dated December 18, 1998 No. 51, part 2

The internal labor regulations, as a rule, are an annex to the collective agreement.

Comments to Art. 190 of the Labor Code of the Russian Federation

1. The labor schedule is determined by the internal labor regulations (Article 189 of the Labor Code).

The internal labor regulations (PWTR) may have the following structure: 1) general provisions; 2) hiring and dismissal of employees; 3) personnel assessment; 4) basic rights, duties and responsibilities of the parties to the employment contract; 5) mode of operation; 6) the rules for the summarized accounting of working time; 7) rest time; 8) wages; 9) incentive measures; 10) penalties

Until September 25, 1992, there were 3 types of PVTR: typical, sectoral and PVTR of a specific enterprise, institution, organization.

According to Art. 189 of the Labor Code, there is now 1 type of rules - those that are developed and adopted by the employer himself. For example: Decree of the Board of the Pension Fund of the Russian Federation of July 10, 2008 N 195p "On approval of the Internal Labor Regulations of the Pension Fund of the Russian Federation".

The internal labor schedule is regulated by the following regulations: PWTR; technical rules and instructions; job descriptions, etc.

Rules are accepted in the following order:

1) the employer develops draft rules;

2) the project is sent to the elected body of the primary trade union organization, representing the interests of all or the majority of workers;

3) the employer, in accordance with Art. 190 of the Labor Code, approves the rules that come into force from the moment they are approved.

It is advisable to constantly improve the PWTR, considering them as the most important normative act - a tool for improving the organization of labor and labor relations. When developing a PWTR, it is necessary to take into account Art. Art. 15, 68, 91, 100, 104, 108, 109, 111, 119, 136, 189, 190 of the Labor Code, which mention the PVTR. The PWTR can include sections on remuneration, on trade secrets, on insurance, as well as labor protection rules, rules for summing up working hours.

2. The text of the PVTR is posted in prominent places in organizations.

Let us present the PWTR developed by us, which include clauses of the rules of various organizations.

Internal labor regulations

Employer Approved

"___" __________ 20__

1. General Provisions

1.1. The internal labor regulations are aimed at regulating labor relations within the organization, establishing a labor schedule, minimizing losses, creating an effective organization of labor on a scientific basis, rational use of working time, ensuring High Quality services and works, sales of goods, high labor productivity, increased profits.

1.2. Labor discipline is the relationship between employees regarding the performance of their duties, the distribution of duties and rights, the use of rights, the establishment of responsibility, the application of measures to manage disciplinary relations.

1.3. Issues related to the application of internal labor regulations are resolved by the employer within the rights granted to him.

1.4. The internal labor regulations are obligatory for all employees in the organization.

1.5. The internal labor regulations must comply with the current labor legislation.

2. The procedure for hiring and dismissing employees

2.1. When hiring, the employer is obliged to require the following documents from the applicant (in some cases, taking into account the specifics of the work of the Labor Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract):

passport or other identity document;

a work book, except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time job;

insurance certificate state pension insurance;

the documents military registration- for persons liable for military service and persons subject to conscription for military service;

a document on education, qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training.

2.2. It is forbidden to demand from a person applying for a job documents other than those provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

2.3. When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are drawn up by the employer.

2.4. It is forbidden to demand from a worker, when hiring, documents, the submission of which is not provided for by law, internal labor regulations.

2.5. The employer has the right to check the professional suitability of the employee when hiring in the following ways (for some of them, you must obtain the consent of the employee):

analysis of submitted documents,

interview,

the establishment of various tests, including the use of a polygraph,

setting a trial period.

2.6. The employment contract is concluded in writing.

2.7. Employment is formalized by an order (instruction) of the employer, which is announced to the employee against receipt. The order (instruction) must indicate the name of the work (position) in accordance with:

Unified Tariff-Qualification Reference Book of Works and Professions of Workers (ETKS);

Qualification directory of positions of managers, specialists and other employees;

All-Russian classifier of professions of workers, positions of employees and tariff categories(OKPDTR);

staffing and pay conditions.

2.8. Actual admission to work by officials:

___________________________________________________________________________

is considered the conclusion of an employment contract, regardless of whether the employment was formalized properly.

2.9. When an employee enters a job or when he is transferred in accordance with the established procedure to another job, the employer is obliged:

a) familiarize the employee with the assigned work, conditions and remuneration, explain his rights and obligations;

b) familiarize him with the internal labor regulations;

c) instruct on safety, industrial sanitation, occupational health, fire protection and other labor protection rules;

d) familiarize with the rules of business conduct;

e) familiarize with the rules for the use of confidential information and inventions.

2.10. For all employees who have worked more than 5 days, work books are kept in the manner prescribed by current legislation.

2.11. Termination of an employment contract may take place only on the grounds provided for by law.

2.12. On the day of dismissal, the employer is obliged to give the employee his work book with the record of dismissal entered into it and make the final settlement with him. Entries about the reasons for dismissal in the work book must be made in strict accordance with the wording current legislation and with reference to the relevant article, paragraph of the law.

3. Main responsibilities of employees

3.1. Work honestly and conscientiously, with high responsibility, observe labor discipline, fulfill orders in a timely and accurate manner

___________________________________________________________________________

(list persons authorized to give instructions)

use all working time for productive work, refrain from actions that prevent other employees from performing their job duties.

3.2. Treat colleagues, customers, suppliers, competitors, government, public fairly and honestly, enhance prestige

(Name of the organization)

3.3. Respect the dignity and personal rights of each employee of the organization.

3.4. Protect all types of property.

3.5. Report to the immediate supervisor, to the security department, about all situations that may lead to the loss of property.

3.6. Do not disclose private information about:

a) business plans;

b) financial plans;

c) plans for marketing, product service;

d) personal data of employees;

e) medical data;

e) earnings;

g) engineering and manufacturing know-how;

h) business and production cooperation with external suppliers and friendly companies;

i) internal databases;

j) applications for patents and materials covered by

l) undeclared products;

m) income;

o) scope of work and capital requirements;

n) the operation of the equipment;

p) strategies

__________________________________________________________________________.

(Name of the organization)

3.7. Do not deceive colleagues at work and partners outside

__________________________________________________________________________.

(Name of the organization)

3.8. Report any violations of the law to your immediate supervisor.

3.9. Report to the line manager about the initiatives of competitors to find out confidential information.

3.10. Notify line manager of money or gifts delivered home from a supplier or customer and return it to the donor.

3.11. Comply with all laws and regulations applicable to the business

__________________________________________________________________________.

(Name of the organization)

3.12. Strictly comply with environmental laws, immediately report violations of laws to the line manager and actions aimed at covering up such violations.

3.13. Do not violate established

__________________________________________________________________________.

(Name of the organization)

rules, acting through intermediaries or nominees.

3.14. Do not have financial ties with organizations with which

__________________________________________________________________________.

(Name of the organization)

associated with business relationships.

3.15. Fulfill established norms labor and production tasks.

4. Unacceptable actions of employees

4.1. Sexual harassment towards employees

__________________________________________________________________________.

(Name of the organization)

4.2. An expression of racial or religious contempt.

4.3. Remarks, jokes, or other behavior that encourages or, in the opinion of management, creates a hostile workplace environment.

4.4. Any behavior in the workplace that, in the opinion of the management of the organization, may lead to intimidation of employees and create an aggressive environment.

4.5. Discrimination and intimidation based on race, color, religion, gender, sexual orientation, age, disability, length of service, or any other unrelated to business interests

__________________________________________________________________________.

(Name of the organization)

4.6. Threats.

4.7. Rudeness and violence.

4.8. Carrying weapons of any type.

4.9. Use, distribution and sale of drugs, as well as other psychoactive substances, unless they were used on the direct prescription of a doctor.

4.10. Interviews related to activities

__________________________________________________________________________.

(Name of the organization)

without permission from the administration.

4.11. Use consumables for personal purposes, the use of means of communication and information obtained from databases is not in the interests of

__________________________________________________________________________.

(Name of the organization)

4.12. Presentation

__________________________________________________________________________.

(Name of the organization)

bills for unreconciled meals, unused gasoline, unused airline tickets, etc.

4.13. Dishonesty when reporting to others

__________________________________________________________________________.

(Name of the organization)

or to third parties.

4.14. Disclosure of information received from potential or actual suppliers.

4.15. Relationships based on the principle "you to me - I to you".

4.16. Disparaging remarks about competitors, slander, lies.

4.17. Industrial espionage, trespassing, burglary, eavesdropping and theft, and other unworthy means of disclosing trade secrets and other confidential information.

4.18. Violation of the license agreement - reproduction, distribution of the program, etc.

4.19. spelling errors trademark and in her image.

4.20. Corrupt practices.

4.21. Acceptance from a supplier or client of gifts or money, services, including personal discounts when purchasing goods for personal use or services at reduced prices, etc., with the exception of gifts, the value of which does not exceed 5 minimum wages established by law (Art. 575 GK).

4.22. Acceptance of commissions or other remuneration for the provision of services to a third party.

4.23. Giving money or gifts to the directors, representatives and employees of any supplier, customer, government agent or other organization, with the exception of gifts in the amount established by Art. 575 GK.

4.24. An offer to persons responsible for the conclusion of contracts, profitable work or transactions that are personally beneficial for them.

4.25. Offer of remuneration related to the forthcoming decision to conclude a contract.

4.26. An offer to buy private information related to an upcoming decision.

4.27. Work in

__________________________________________________________________________.

(Name of the organization)

which promotes its products and services on the market, competing with

__________________________________________________________________________.

(Name of the organization)

4.28. Occupation commercial activities with the promotion on the market of their goods and services that compete with

__________________________________________________________________________.

(Name of the organization)

4.29. Activities as a supplier of goods and services for

__________________________________________________________________________,

(Name of the organization)

and a representative, employee or member of the board of directors of the supplier organization.

4.30. Acceptance of money or any other remuneration for the services provided to the supplier and advice regarding his cooperation with

__________________________________________________________________________.

(Name of the organization)

4.31. Engaging in other activities or your personal business on the premises and during business hours, including organization-paid time dedicated to personal matters.

4.32. Equipment use

__________________________________________________________________________.

(Name of the organization)

her phones, materials, resources or private information

__________________________________________________________________________.

(Name of the organization)

to perform outside work of any kind.

4.33. Speaking on behalf of the organization without management permission or authority.

4.34. Acquisition of shares in a private entity that is a competitor, supplier, distributor or remarketer of products.

4.35. Buying or selling shares of a supplier or competitor before the official announcement of the information.

4.36. Buying or selling shares of an organization before the moment when the received information that affects the value is officially announced.

4.37. Buying or selling shares of clients or friendly companies under the influence of information received about these companies.

5. Rights of workers

5.1. Participate in management through general meetings, various bodies authorized by the team to make proposals for improving work, as well as on issues of socio-cultural or consumer services (Article 21 of the Labor Code).

5.2. To remuneration for work without any discrimination and not lower than the minimum wage established by federal law.

5.3. Join trade unions.

5.4. To rest.

5.5. For compensation for harm (damage).

5.6. To a workplace protected from exposure to harmful and dangerous factors, on the normal conditions labor.

5.7. Accept services from your customers, such as a free lunch, if the cost of it is within the established limits and is not prohibited by law.

5.8. Contact a manager at any level about any issue, including issues such as violation of the law or unethical behavior.

5.9. On leave without pay, for the implementation of social, political activities.

5.10. In addition, the employee enjoys other rights granted to him by the Labor Code and other regulations, as well as under an employment contract (contract).

6. Rights of the employer

6.1. Explain PWTR: determine, adjust the employee's labor function in accordance with labor legislation.

6.2. Give instructions that are obligatory for the subordinate employee.

6.3. Evaluate the work of subordinate employees.

6.4. Monitor compliance with laws, PWTR, code of ethics.

6.5. Collect information about privacy its employees, if it is related to the implementation official duties, such as health care or benefits data.

6.6. Provide customers with the consent of management free food, accommodation, air travel.

6.7. Encourage the employee in accordance with their competence.

6.8. Take disciplinary measures against the employee in accordance with their competence.

6.9. Conduct regular interviews with subordinates.

6.10. Take into account all cases of non-fulfillment of duties by a subordinate employee, the manifestation of labor activity.

7. Obligations of the employer

7.1. Properly organize the work of employees.

7.2. Provide healthy and safe working conditions.

7.3. Create conditions for the growth of indicators in the work.

7.4. Ensure strict observance of labor and production discipline.

7.5. Comply with labor legislation, labor protection rules, improve working conditions.

7.6. Take measures to prevent occupational injuries.

7.7. Constantly monitor the knowledge and observance by employees of all requirements and instructions for safety, industrial sanitation and occupational health, fire protection.

7.8. Support innovators.

7.9. Be attentive to the needs and demands of employees.

8. Working time and its use

8.1. The start and end times of work and breaks for rest and meals are set as follows: _________________________________________________.

8.2. The work of a number of employees is regulated by shift schedules, which are brought to the attention of employees no later than 1 month in advance. before they go into effect.

8.3. The administration is obliged to organize a record of attendance and departure from work, as well as the use of a lunch break.

8.4. Overtime are generally not allowed.

8.5. Other rules

__________________________________________________________________________.

(Name of the organization)

8.6. Rules for the summation of working hours.

9. Rest time

9.1. Order of submission annual leave set by the employer.

9.2. The employee has the right to unpaid leave (Article 128 of the Labor Code), which is issued by order (instruction), the duration of which is determined by agreement between the employee and the employer.

9.3. Such leave is granted at the request of the employee in the following cases: funeral of close relatives; wedding of close relatives and friends; other significant dates and events for the employee.

9.4. The vacation schedule is drawn up by agreement with the employee for each year no later than 2 weeks before the start of the calendar year.

10. Pay

10.1. Rules for remuneration of labor _____________________________________________.

10.2. Rules for remuneration of labor _____________________________________________.

11. Incentives for success at work

11.1. For being active with a positive result, continuous and flawless work, increase in the number of sales, etc. The following incentives apply:

a) acknowledgment;

b) rewarding with a valuable gift;

c) awarding a certificate of honor;

d) entry in the Book of Honor, on the Board of Honor;

e) premium;

f) nomination for the title of "Best in Profession".

11.2. In addition to the above, the administration establishes the following types of incentives: _________________________________________________________________.

12. Responsibility of the employee for violation of labor discipline

12.1. Violation of labor discipline - failure to perform or poor-quality performance of one's duties without a good reason, failure to achieve the planned results of work, excess of rights that caused damage to other citizens, entails the application of disciplinary sanctions or measures of public influence.

12.2. For violation of discipline, the administration:

__________________________________________________________________________.

(list of officials)

takes the following disciplinary action:

1) remark;

2) reprimand;

3) dismissal.

Absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as absence from work for more than 4 hours in a row during the working day (shift) without good reason is considered absenteeism.

12.3. Prior to the imposition of a penalty, an explanation in writing must be requested from the violator of labor discipline. The employee's refusal to give an explanation cannot serve as an obstacle to the application of a penalty.

12.4. A disciplinary sanction cannot be applied later than 1 month. from the date of its discovery, not counting the time of illness of the employee or his stay on vacation, later than 6 months. from the date of commission of the misconduct and based on the results of the audit or audit of financial and economic activities - no later than 2 years from the date of its commission. The above time limits do not include the time of criminal proceedings.

12.5. For each violation of labor discipline, only 1 disciplinary sanction can be applied. When applying penalties, the severity of the misconduct committed, the circumstances under which it was committed, the previous work and the behavior of the employee should be taken into account.

12.6. An order (instruction) on the application of a disciplinary sanction, indicating the motives for its application, is announced (reported) to the employee subjected to the sanction, against receipt within 3 days.

12.7. Order in necessary cases communicated to all employees.

12.8. If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have been subjected to disciplinary sanction.

12.9. The employer can remove the penalty in his order before the expiration of the period.

3. Measurement of the level of labor discipline. To manage discipline, you must first learn how to measure it, in order to be able to determine how certain measures, factors, conditions affect discipline, what you need to pay attention to, which link in this work to highlight first of all. Measurement of the level is also necessary in order to be able to compare the discipline in various structural divisions of the team.

4. Management of disciplinary relations - special kind professional activity. The management process includes: awareness by the team, the subject of management of the tasks of managing discipline; planning activities to solve these problems; organization of work for their implementation; measuring the level of discipline; control over the work on the management of discipline and the performance of duties, the observance of rights; accounting for violations, etc.

Discipline management is a change in its level, i.e. the process of fulfilling duties and using rights to such a state that the enterprise needs at this stage of its development and is achievable due to the prevailing conditions in this organization.

As in any management process, in the management process, 3 states can be distinguished: a stable level of discipline; the development of discipline from simple forms to complex ones (in this case, the development of discipline occurs - its level rises); from coercive discipline to self-discipline; degradation - the transition of discipline from a high level to a low one, from self-discipline to compulsory discipline.

The ultimate goal of disciplinary relationship management work is to develop self-discipline. This is the task of labor legislation, which is set by the legislator, regulating labor relations.

In all organizations, the common tasks are:

1) study of conditions conducive to non-fulfillment of duties, excess of rights by various categories of employees, reduction of these conditions to a minimum. One of the conditions is the impunity of the violator. The more often unpunished violations of discipline are repeated before the eyes of the team, the weaker is the conviction in the need to observe discipline;

2) systematic work on the management of disciplinary relations;

3) the study of beliefs in the team and the displacement of prejudices;

4) development of self-discipline;

5) development of legal, labor activity;

6) creation of conditions preventing violations;

7) ensuring the application of measures of influence for each violation without exception;

8) accounting for all cases of non-fulfillment of duties, excess of rights, manifestations of activity;

9) encouragement of all employees who have shown activity and achieved positive results;

10) creation of economic conditions;

11) creation of organizational conditions for the normal work of the team;

12) creation of the necessary level of self-government.

Another group of tasks reflects the specifics of the conditions of the employer.

It is advisable to include labor discipline issues in the collective agreement (if such an agreement is concluded) as an independent section.

The problem of control patterns labor discipline has long attracted the attention of researchers. Of course, it is tempting, having discovered patterns, to learn how to manage discipline effectively. For example, back in 1914 P. Sorokin, the founder of the theory social stratification and social mobility, made an attempt to derive the basic theorems of the motivational influence of punishment and rewards on people's behavior.

There were many correct tendencies in these theorems. Let's take a look at some of them.

Ceteris paribus, rewards and punishments influence behavior more strongly the closer they are to be performed.

Distant in time, punishment and reward do not affect behavior.

Punishment and reward are stronger, the stronger a person believes in their inevitability.

The reward and punishment are the stronger, the more a given person needs this reward to satisfy his needs, or the more good, more necessary, the punishment will take away from him.

The effectiveness of punishment and reward depends on the extent to which the behavior required by them coincides with or contradicts the behavior that the given individual considers more just.

The more times unpunished violations are repeated in front of a person, the weaker the person's beliefs in the need to comply with the norm of behavior become.

Of the 2 awards, the more desirable, pleasant, necessary - more effective.

5. The work plan of the personnel department for the management of disciplinary relations, as a rule, is drawn up by the personnel department. Planning is a complex multifaceted activity. First of all, it is the organization of labor relations and the definition of the labor function of employees in the form of rights, duties, and responsibilities. In solving this problem, 3 documents are of particular importance: internal labor regulations, job description and an employment contract. The obligations of the employee must be exhaustively stated in the documents, otherwise they have no legal force. Since the organization of labor is constantly changing along with working conditions, it is advisable to constantly review all of the listed documents following the changed circumstances.

Another area of activity is the creation of systems for monitoring the setting of tasks and the fulfillment of duties. The ideal option for implementing this task is to establish an information card for each employee, in which all cases of violations of discipline and manifestations of activity would be noted, as well as the levels of periodic evaluation of his performance.

The next area of activity is the organization of the application of measures of influence in all cases of non-fulfillment of duties, excess of rights when an employee is active.

It is also necessary to establish an assessment of the work of all employees and, on its basis, conduct a systematic adjustment of behavior.

6. Orders of the Government of the Russian Federation of April 24, 2008 N 552-r and N 553-r to the State Duma Federal Assembly The Russian Federation submitted draft federal laws "Charter on the discipline of workers in maritime transport" and "Charter on the discipline of workers in inland water transport."

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