The concept and types of disciplinary responsibility. Grounds and procedure for disciplinary proceedings
In relation to employees, Russian labor legislation establishes not only incentive measures, but also a number of penalties for violators. in this case - one of the types of legal. It has its own characteristics, types, grounds, a certain order of attraction. In the article we will examine in detail the disciplinary responsibility in labor law.
Let's start with the main thing. The concept of disciplinary responsibility implies the obligation of each employee to incur a penalty, as stipulated by the Russian Labor Code, for his own unlawful act.
Thus, such responsibility is always a consequence of a violation of labor discipline.The latter is understood as non-fulfillment (or improper performance) by the employee of the duties assigned to him. Such behavior leads to the implementation of measures of public disciplinary action, as well as other actions stipulated by law.
Types of disciplinary responsibility - these are the types of legal liability, along with administrative, material, criminal, civil law.
The basis of disciplinary liability (by law) is only a specific disciplinary offense. It is defined as non-fulfillment (option - improper performance) of the duties assigned to him under an employment contract due to his own fault.
An important fact. Bringing to disciplinary responsibility is possible only if there is a fault of the employee in his own actions! If it is not there, then the penalties for the worker cannot be directed.
A simple example: an employee of a shopping center sold a smartphone to a customer with a hidden defect, the presence of which could only be determined by an expert when disassembling and diagnosing a device. Bringing the seller to disciplinary responsibility by the store administration will be illegal. The employee could not know about the defect of the gadget.
Another important condition for the occurrence of one of the types of disciplinary responsibility is the improper performance (or non-fulfillment) of a number of job duties, that is, the actions necessary for an employee, which are stipulated in the employment contract concluded with him, as well as in the regulations of the organization, enterprise.
An example is being late for work, arriving drunk, careless attitude to work and so on. Both one and the complex of such conditions lead to the disciplinary responsibility of the worker. Accordingly, their absence frees the employee from penalties.
Types of disciplinary liability
Labor Russian legislation divides the full breadth of disciplinary responsibility into two subtypes.
- Overall This type is provided by the Labor Code of the Russian Federation, as well as by its own regulations of the internal working schedule.
- Special. This type of disciplinary responsibility is established by a series of acts, regulations for certain categories of employees.
The following key differences can be identified between these types.
- The volume of the circle of persons to whom this type of responsibility applies.
- The concept of disciplinary offense. In the case of disciplinary special responsibility, the term is interpreted more broadly. Its wrongfulness is explained by federal laws, regulations, statutes.
- Disciplinary action. Again, in the case of a special category, the latter can be supplemented with special types of punishment of misconduct.
- Officials and authorities with disciplinary authority.
- A certain order of enforcement of penalties.
About special responsibility
As we have already revealed, general disciplinary responsibility is defined by the Labor Code of the Russian Federation. It applies exclusively to all employees with whom a legal employment contract has been concluded.
But special disciplinary responsibility needs more detailed explanation.
- This responsibility is established by special statutes and regulations for employees in specific fields of activity. They can only be regulated by federal laws.
- The establishment of a special type of responsibility is influenced by the specifics of the labor functions performed.
- The introduction of additional measures is also connected with the fact that the employee’s misconduct can lead to particularly serious consequences.
- Accordingly, for a special form, the concept of disciplinary offense is more broad. Also apply additional penalties in relation to the guilty.
To whom does a special type of responsibility apply?
We have already found out that such responsibility is borne by those workers whose activities, in addition to the generally applicable Labor Code, are governed by specific statutes, provisions, and federal laws. These acts contain disciplinary special measures, more stringent than general ones. Also, the order of imposing punishment, its abolition, the issue of resolving labor disputes is also necessarily considered.
In particular, special disciplinary responsibility regulates:
- Federal Law №3132-1 "On the status of a judge in the Russian Federation."
- Federal Law No. 2202-1 "On the Prosecutor's Office of the Russian Federation" and so on.
But experts who can be brought to a special form of disciplinary responsibility.
- Employees of the prosecutor's office.
- Some categories of government employees.
- Workers responsible for the movement and safety of rail transport.
- Workers in high-risk enterprises engaged in the field of nuclear energy.
- Persons working in the field of river or sea transport and so on.
Characteristics of responsibility
Disciplinary responsibility is characterized by a set of unique, inherent characteristics only.
- Its offensive is governed by all-Russian labor legislation, as well as the internal rules of the company.
- It applies to all workers, including those workers whose activities are governed by special statutes and regulations.
- The application of penalties to employees may not conflict with the Labor Code of the Russian Federation.
- It gives officials, whose list is approved by internal rules of the organization, with a special disciplinary authority.
- The most serious punishment measure (dismissal) is carried out only by those employees who have official authority to do so.
Actions for which disciplinary responsibility is defined
Disciplinary responsibility (remark, reprimand, dismissal) may occur in view of the following misconduct of the workers.
- Improper performance or complete disregard for their work functions.
- Failure to comply with management instructions.
- Non-compliance with labor instructions, violation of production technology.
- Ignoring the work schedule - late, unfounded by the law non-appearance at the workplace.
- Breach of discipline (most often it is drunk in the workplace).
- Refusal to undergo the training necessary to continue the work of the survey.
- The commission of serious unlawful guilty actions - theft, damage to property, appropriation of property of the organization and so on.
About disciplinary action
The procedure for disciplinary responsibility implies the use of penalties - their set is prescribed in the Russian Labor Code (Art. 192). These are three solutions:
- the announcement of the comments;
- dismissal on a specific basis.
The list is determined by the law of the final - it can not be something to add, based on the internal regulations of the company or firm. It can be expanded only by federal laws, regulations, statutes for certain groups of workers.
On the peculiarities of the choice of a punishment measure
Note the important points in order to disciplinary action.
- Before the enforcement of the penalty, the employer must first request a written explanation from his worker for his misconduct.
- If the employee refused to prepare the document, then this is the reason for the publication of the relevant act.
- The refusal of the worker to give a written explanation of his violation is not a reason for the abolition of the disciplinary sanction.
- When imposing such a punishment is taken into account: the severity of the offense, the conditions, the circumstances in which it was committed, the previous behavior, the attitude towards the work of the guilty.
- Dismissal here will be a last resort. This is a punishment for systematic non-fulfillment of labor duties for no good reason. The last step after a series of disciplinary or public interventions.
As for the measures of social, material, social impact, their application is more widespread. Disciplinary measures are successfully replaced by:
- deprivation of benefits that rely on workers, for example, to visit rest homes and health centers, sports and entertainment centers;
- loss of priority in choosing the time of annual leave;
- transfer to the queue for relying housing;
- reduction of bonuses, deprivation of remuneration for the final annual results of labor, etc.
And now about the timing of disciplinary proceedings. Penalty may be applicable to the worker no later than one month from the date of discovery of the violation, misconduct. The exception due to the extension of this period is:
- planned vacation;
- sick-list on which there was a worker;
- the time required to analyze the general opinion of the representative body of all workers.
The maximum time limit for bringing to disciplinary responsibility is six months. The exceptions here are auditing, auditing, analysis of economic and financial activities. Here the deadline for applying the penalty is two years. The period does not include the conduct of criminal proceedings.
Important nuances of disciplinary action
We give information that specifies the features of disciplinary action.
- For one offense, a worker can be punished only with one penalty.
- The order (order) of the administration, the guideline on the application of punishment must appear to the guilty within 3 days from the date of publication - always on receipt.
- If the worker refuses to sign the document, then an appropriate act is drawn up for such a case.
- The worker has the right to appeal a disciplinary action to the State Labor Inspectorate. Or in the bodies considering individual labor disputes. The procedure is governed by art. 193 Labor Code.
- If since the last disciplinary action against the employee has passed a year, then the worker can rightly be called not having such misconduct.
- Important item, adjustable art. 194 Russian TC. Before the end of the calendar year, the employer (by his own decision or at the request of the employee himself, the representative body of the labor collective) can remove the disciplinary penalty from the worker.
It is important to separate the disciplinary responsibility of the head. This process governs art. 195 Russian TC.
The exceptional position of such a worker, in the first place, is justified by his status. The head, director, manager is an employee, but at the same time, the sole executive head of the organization. The head is the very first representative (incl.and in the eyes of the workers) the employer, acting on his behalf, in his business interests.
Exceptional position and have deputy directors, manager, performing certain functions by decree of the representative of the employer. But both with regard to the head, his deputies, and the rest of the workers, the employer must rely on federal and local regulations, internal regulations (Article 22 of the LC RF speaks about this).
If we turn to part 1 of art. 195 of the Labor Code of the Russian Federation, we will see that the direct responsibility of the owner of the company (employer) is to consider the application on behalf of the representative association of workers about the violation by the manager, his deputies (both the entire company or enterprise, and structural branches) of labor law, collective labor agreement, internal rules regulations and other fundamental acts. The employer must provide the answer to the trade union.
All the facts specified in the statement of the labor representative body must be verified. If they are indeed examples of violations of labor laws and local regulations of the organization,then a disciplinary measure is applied to the head (the entire organization, its specific subdivision) or his deputy (deputies).
As for all employees, from notice to dismissal. The employer retains the right to choose the measure of punishment independently, based on Part 2 of Art. 195 Russian TC.
Differences between responsibilities - administrative and disciplinary
These types of responsibility in some moments may seem similar, which causes confusion. The most important difference between them is in the peculiarities of penalties.
Types of administrative penalties will be spelled out in the Administrative Code, and not in the Labor Code. And such a penalty (disqualification, penalty) cannot be applied due to disciplinary liability.
In turn, the punishment for an administrative offense can not be a disciplinary sanction - reprimand, remark or dismissal.
And another important difference. Disciplinary responsibility in this case is provided for offenses related to employment. An administrative offense can be committed both at work and in a public place, on the street, nature, and so on.
Disciplinary responsibility is governed by labor law and related acts.It is divided into two main types - general and special. For an employee, this kind of responsibility may have consequences in the form of a remark, reprimand, or dismissal. Any of the decisions can be challenged in the manner prescribed by law. Importantly, disciplinary responsibility extends to ordinary workers and managers.