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The method of regulating labor discipline is. The concept and meaning of labor discipline and methods of ensuring it. Methods for strengthening labor discipline

Methods for ensuring labor discipline are regulated by acts of the Labor Code of the Russian Federation.

Depending on the method, the article on which the consideration of the situation will be based is determined.

Some methods are mandatory for use, based on the legislation of the country and the regulatory acts of the organization, while others are at the discretion of the head of the organization.

Features of regulation

Labor discipline is subordination to the charter, which establishes standards of behavior that must be determined in accordance with the Labor Code of the Russian Federation and other legislative acts and agreements. The employer must take measures to create conditions that will enable employees to comply with existing discipline requirements.

A set of regulations is established in each company individually, depending on the clauses of the charter, which must take into account the norms of legislative law and the concluded employment contract.

Internal labor regulations are necessary to summarize all the conditions of discipline. This is a normative act used in a certain organization, which must comply with established legal standards and enclose information:

  • about the procedure for rest;
  • about methods of reward and punishment;
  • about responsibilities;
  • about responsibility;
  • about the operating mode;
  • on other issues at the discretion of the employer.

Discipline is necessary for:

  • introducing innovative ideas;
  • improving the quality of work performed;
  • improving work efficiency;
  • reducing injuries and the number of accidents.

If labor discipline is at a low level, then the reasons for this may be:

  • complex structure of organization and management, due to which the subordinate has several managers, each of whom has his own vision for resolving the situation;
  • performance assessment is unfair, which does not allow additional pay to be awarded to those employees who deserve it and have put in more effort than others;
  • minor violations are easily forgiven by management;
  • there is no concept of self-discipline;
  • working conditions do not comply with the legislation of the Russian Federation (favorable working conditions are not created).

Each organization sets its own rules of procedure. This allows you to regulate relations between the parties and have a positive impact on the quality of the company’s work as a whole.

Concept of methods

Methods of labor discipline are methods that are used to achieve set goals by the management of an organization. They must form a functional workforce that can develop the company and give it the necessary growth to achieve its goals and achieve its goals.

Popular labor discipline methods which are actively used:

  • organizational– the employer must provide the employee with all the necessary conditions in which he will not need anything (technology, materials, equipment, etc.);
  • psychological– creating a positive working mood in the workforce, which helps reduce the likelihood of interpersonal conflicts to a minimum;
  • legal– correction of existing rules in accordance with the legislation of the Russian Federation and the rules of the organization.

Strengthening labor discipline

To strengthen labor discipline it is necessary to reward employees for differences in work and punish for violations of established rules. When rules are used correctly, leaders can achieve excellent results that will positively impact the organization. At the same time, all methods used should not contradict existing legislative acts and established rules of the organization. Otherwise, they will be considered invalid.

Ways to encourage

Promotion is recognition of the merits and results of an employee’s work, which gives the distinguished person status and reward in some form. It has a beneficial effect not only for the one who distinguished himself, but also for other employees, since the rest will also want to receive a reward. The main thing for motivating employees is to correctly determine the methods of encouragement.

According to the Labor Code of the Russian Federation, an employer can reward its employee in the following ways:

  • appointment of a bonus;
  • written gratitude;
  • awarding a certificate of honor;
  • transfer of a valuable gift;
  • representation of rank or status.

Order on bonuses

The employer also has the right to determine its own methods of promotion. The main condition is that they comply with the rules of the Labor Code of the Russian Federation and the internal charter of the company.

If the employee has received special services to the state, then he will rewarded with a state award. In addition, an entry is made in the work book, which can subsequently be used during employment as a fact of having positive qualities, which allows you to become an important employee.

Methods of disciplinary action

Disciplinary action is public punishment of an employee who has violated the established rules of labor discipline. Legislation allows the use the following types of penalties:

  • comment;
  • rebuke;
  • dismissal.

Other types of punishments are also applied, but only if use is permitted for a certain category of workers. The main condition is that they comply with the law and the rules of the organization’s charter.

Examples of violations:

  • Unspecified penalties were used;
  • non-payment of wages or part thereof;
  • inappropriate behavior in a team;
  • refusal to provide compulsory leave;
  • systematic delays;
  • dismissal of an employee and so on.

In contrast to the definition of encouragement, reprimands must be carried out with some nuances. After finding a fact of violation of disciplinary principles, require the offender to draw up explanatory note in writing. When an employee refused to draw up an explanation, the employer has the right to apply penalties I'm without a note. After which, other circumstances become clear.

If the employee’s guilt is undeniable, then an order is issued on behalf of the employer indicating the method of punishment for the disciplinary violation.

You cannot penalize an employee twice for the same violation. It is not even allowed to use penalties in different forms if an employee is punished for the same violation.

Regulatory regulation


Labor discipline is based on regulations
:

  • internal rules of the organization;
  • head and Labor Code of the Russian Federation;
  • charters and regulations of economic sectors.

The internal labor regulations must contain information related to:

  • with hiring and dismissal of employees;
  • with the rights and obligations of each party;
  • with the organization of working hours;
  • with the procedure for recording working hours;
  • with vacation;
  • with methods of incentives and penalties in accordance with the company’s charter.

The candidate for the position will be familiarized with the available conditions before being hired. This obligation is specified in Article 68 of the Labor Code of the Russian Federation. If one of the parties does not comply with the requirements of the rules, then he will be punished in accordance with the Labor Code of the Russian Federation.

  • Legal regulation of economic relations
    • Economic relations as a subject of legal regulation
    • Concept and signs of entrepreneurial activity
    • Economic law and its sources
  • Legal status of subjects of entrepreneurial (economic) activity
    • Ownership and other real rights
    • Legal entities
      • Types of legal entities
      • Creation, reorganization and liquidation of legal entities
    • Individual entrepreneurs
    • Insolvency (bankruptcy) of business entities
      • The procedure for considering bankruptcy cases in an arbitration court
      • Observation
      • Financial recovery and external management
      • Bankruptcy proceedings and settlement agreement
  • Legal regulation of contractual relations in the field of economic activity
    • General provisions of the contract
    • Certain types of contracts
      • Supply contract
      • Lease contract
      • Work agreement
  • Economic disputes
    • Concept and types of economic disputes. Pre-trial procedure for their settlement
    • Consideration of economic disputes in arbitration courts
  • Labor law as a branch of law
    • Subject and structure of labor law
    • Sources of labor law
    • Labor relationship
  • Legal regulation of employment and employment
    • Legislation of the Russian Federation on employment and employment. State employment authorities
      • Concept and forms of employment
      • Legal status of the unemployed
      • Vocational training for the unemployed
  • Employment contract
    • Employment contract: concept, content, types
    • Conclusion of an employment contract. Registration of employment
    • Change of employment contract
    • Termination of an employment contract
  • Working time and rest time
    • Work time
    • Time relax
      • Vacations
  • Wage
    • Concept and wage systems
    • Legal regulation of wages
    • Tariff system. Allowances and surcharges
    • Procedure for payment of wages
  • Labor discipline
    • Concept and methods of ensuring labor discipline
    • Disciplinary responsibility
  • Material liability of the parties to the employment contract
    • Concept, conditions and types of financial liability
    • Financial liability of the employee to the employer
  • Labor disputes
    • Consideration of individual labor disputes in the CCC
    • Consideration of individual labor disputes in the courts
    • Collective labor disputes
      • Conciliation procedures
      • Exercise of the right to strike
  • Administrative offenses and administrative liability
    • The concept of administrative law. Its subject and method
    • Administrative responsibility
    • Administrative offense
    • Administrative penalties
    • Proceedings in cases of administrative offenses

Concept and methods of ensuring labor discipline

Labor discipline- this is obligatory for all employees to comply with the rules of conduct established by the Labor Code of the Russian Federation, other laws, agreements, collective agreements, other local regulations of the organization, as well as the employment contract.

Labor discipline in a particular organization requires strict adherence by all employees to internal labor regulations. This schedule is usually determined by the internal labor regulations approved by the employer, taking into account the opinion of the representative (trade union) body of employees.

Internal labor regulations represent a local regulatory act of an organization that regulates, in accordance with labor legislation, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations In the organisation.

In addition, in some sectors (sub-sectors) of the economy there are statutes and regulations on discipline approved by the Government of the Russian Federation. As a rule, they apply to workers only in basic professions, to whom, due to the nature and conditions of their work, increased demands are placed. Currently, for example, the following acts are in force: Regulations on the discipline of railway transport workers of the Russian Federation, the Disciplinary Charter of paramilitary mine rescue units for servicing mining enterprises of the metallurgical industry, the Charter on the discipline of employees of organizations with particularly hazardous production in the field of the use of atomic energy, the Charter on the discipline of maritime workers transport, Charter on discipline of workers of the fishing fleet of the Russian Federation.

To ensure labor discipline, labor legislation uses two methods (methods): the method of encouragement and the method of coercion.

Promotion- this is recognition of the employee’s labor merits, giving him public honor for achievements in work. Incentive measures can be of both a moral and material nature, or they can combine both of these elements.

The Labor Code of the Russian Federation provides for the following types of incentives for conscientious work:

  • announcement of gratitude;
  • issuing a bonus;
  • rewarding with a valuable gift;
  • awarding a certificate of honor;
  • nomination for the title of best in the profession.

It should be noted that this list is not exhaustive. Other types of employee incentives for work may be determined by a collective agreement or internal labor regulations of the organization, as well as charters and discipline regulations. For special labor services to society and the state, employees can be nominated for state awards. Information about incentives is entered into the work book, which is very important for an employee when applying for another job.

In addition to positive incentives for observing labor discipline, there are also negative ones, which are expressed in the threat of negative consequences for the employee if he violates labor discipline. These consequences are most often expressed in the application of coercive measures (coercive measures) to the employee.

Coercion method as a way to ensure labor discipline is a set of techniques and means of influencing unscrupulous workers, expressed in the application of legal sanctions to them for non-fulfillment or improper fulfillment of assumed labor duties.

The coercive measures used in connection with violation of labor discipline are, as a rule, liability measures. Depending on what exactly the violation of labor discipline was and what consequences occurred as a result, the violator may be brought to disciplinary or material (property) liability.

The issue of financial liability arises only if the unlawful behavior of the employee (or employer) causes material damage to the other party to the employment contract. In the absence of material damage, the employee (but not the employer) can only be subject to disciplinary liability. A disciplinary offense committed by an employee, which at the same time caused material damage to the employer, may be the basis for bringing the employee to both disciplinary and material liability at the same time.

Below we will talk only about disciplinary liability, and the employee’s financial liability will be discussed in the next chapter.

Each enterprise has a certain set of requirements and rules of behavior that employees must adhere to; this is called labor discipline.

Every employee of the enterprise (at all levels of the organization) must adhere to this complex, and violation of labor discipline is considered a very serious offense and may entail penalties up to and including dismissal.

The main levels of labor discipline are as follows: economic, social, moral, educational and administrative.

Labor discipline - goals, rules, methods of enforcement and management

Goals of labor discipline

Labor discipline at the enterprise should:

  • increase the efficiency of the enterprise and each of its employees;
  • contribute to improving the quality of labor productivity;
  • promote the effective use of every minute of working time;
  • provide employees with comfortable working conditions that allow them to work with full dedication;
  • contribute to improving occupational safety and health.

With good work discipline, maximum labor results are achieved and the number of accidents and equipment breakdowns is reduced.

Regulations

The concept of labor discipline is disclosed and regulated in the Labor Code of the Russian Federation (eighth section “Labor regulations and labor discipline”). When drawing up internal documents of an enterprise on labor discipline, you can also be guided by the state standard GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Documentation requirements."

Legal methods of ensuring labor discipline

The legislation provides for two methods of ensuring and increasing labor discipline at an enterprise: encouragement and punishment.

Typically, incentives at enterprises are predominantly material (after all, this is what the production process is mainly aimed at - making a profit), but it is also possible to use moral means of incentives: issuing certificates of honor, awarding the title “Employee of the Month”, and so on.

Punishments include measures of moral and material punishment provided for by law for committing a disciplinary offense.

Methods for ensuring labor discipline should not contradict current legislation or otherwise violate the rights of employees of the enterprise. The law also provides guarantees for employees against the imposition of unauthorized and undeserved measures.

Labor discipline rules

Since labor discipline and its observance are decisive factors in the labor relations of employer and employee, each enterprise must have internal documents that must set out the norms of behavior of each employee of the enterprise, requirements for the work they perform and the working hours, and so on. This requirement is reflected in the law and is mandatory for every manager of an enterprise.

The labor regulations and labor discipline of the enterprise's employees are prescribed in the Internal Labor Regulations, the draft of which is developed by the enterprise's management and adopted in agreement with the workforce (either with the trade union committee, or with the workers' council, or at a general meeting of workers).

Internal labor regulations

This internal document of the enterprise, drawn up taking into account the recommendations of the state standard on the requirements for paperwork and on the basis of articles of the Labor Code of the Russian Federation, must spell out labor discipline and disciplinary liability of the enterprise's employees. Internal labor regulations (ILR) cover such issues as the procedure for hiring and dismissing employees, the basic rights and obligations of employees and the employer, a full description of working hours and rest periods, incentives and penalties and the procedure for their application, as well as the responsibilities of the parties to the labor relationship.

PVTR can be a separate document or annex to the employment contract, can be approved as an independent act, or can be approved by a separate order of the head of the enterprise.

Regulations on labor discipline

p>It should be remembered that for some categories of workers (for example, for heads of administrations and employees of the customs service of the Russian Federation), separate state regulations apply - Regulations on labor discipline for this category of workers (employees).

Management of labor discipline at the enterprise

Labor discipline at an enterprise consists of a whole complex of factors: the level of personnel training, the condition of equipment and premises, the morale of the team, the degree of involvement of workers in the labor process, and so on.

Managing labor discipline at an enterprise involves analyzing compliance with labor discipline in the structural divisions of the enterprise, recording and monitoring staff working hours, and, if necessary, developing and implementing measures aimed at strengthening labor discipline.

Since compliance with labor discipline is mandatory for all categories of workers, high staff turnover, as well as regular violations, can be an indicator of its low compliance.

Violations of labor discipline

Violations of labor discipline by employees at the enterprise include the following offenses:

  • absenteeism;
  • regular lateness to the start of the working day and after the lunch break;
  • appearing at the workplace in a state of alcohol, drug or other toxic intoxication;
  • theft of work property;
  • embezzlement;
  • intentional damage to equipment;
  • leaving work early for lunch breaks and at the end of the shift;
  • performance of one's work duties not in full, not in accordance with established quality criteria;
  • disclosure of a commercial secret of an enterprise;
  • violation of labor safety rules that led to an accident or accident;
  • refusal to undergo training or medical examination if this is necessary for the high-quality and qualified performance of work duties;
  • direct disregard of the manager’s orders;
  • insubordination;
  • intentional failure to comply with instructions and orders.

Penalty measures

According to the Labor Code, the employer has the right to the following penalties:

  • rebuke;
  • comment;
  • dismissal.

The imposition of disciplinary sanctions not provided for by federal laws is not permitted. Only one penalty can be imposed for one offense. Only the dismissal of an employee is recorded in the work book.

Incentives

Incentive measures, as already mentioned above, include material (prizes, allowances, valuable gifts) and non-material (certificates of honor, nomination for local and state awards, honorary titles).

The procedure for rewarding employees at the enterprise is established by management.

Strengthening labor discipline

To determine the state of the implementation of labor discipline at the enterprise, there is a special formula that calculates the coefficient of labor discipline by determining the number of violators from the total number of average employees of the enterprise and by calculating the percentage of lost working time. In addition, the characteristics of the violators are also taken into account and the area or part of the production process where the largest number of violations was observed is determined.

Based on the results of such an analysis, the head of the enterprise can issue an order to comply with labor discipline. For example, if it is revealed that the majority of employees are regularly late for the start of the working day, the head of the enterprise can establish a procedure for monitoring the recording of working hours and appoint employees responsible for this. Such an order on labor discipline is general throughout the enterprise and is binding.

Methods for strengthening labor discipline

It is possible to understand the state of compliance with labor discipline at an enterprise only by conducting an appropriate analysis: monitoring employees’ performance of work duties, compliance with the daily routine, labor safety rules and instructions for working with equipment, and the like. Based on such an analysis, it is possible to draw conclusions about what the “weak link” of the enterprise is, and only then develop and apply appropriate measures to strengthen labor discipline.

Such activities include, for example:

  • regular training of personnel in order to improve their skills;
  • introduction of additional incentive measures;
  • strict control of lateness (for example, through the introduction of an electronic pass system);
  • hiring personnel only on a competitive basis.

Labor discipline and financial responsibility of employees

According to the law, an employee who violates the terms of labor discipline, which results in damage to the enterprise, bears financial responsibility. It can be full (compensation for full damage to the enterprise without any limits) or partial (compensation for damage in an amount not exceeding the average monthly salary), individual or collective.

The employee’s financial liability arises only if it is proven that the damage to the enterprise was caused through his fault, as a result of his actions (due to intent or negligence) and cannot be applied in the event of an industrial risk.

  • HR records management

1 -1

Labor discipline is a set of certain rules of behavior required from participants in the mining process, and the need to comply with these rules and submit to the internal labor regulations established by the employer.

It presupposes a conscious attitude towards work and the voluntary submission of workers to a certain order, regulations; new from the employer.

t Most of the mandatory discipline requirements arise from the employment contract.

Labor legislation does not contain a single definition of the concept of labor and production discipline

Labor discipline should be understood as conscientious fulfillment by the employee of his duties stipulated by the employment contract, internal labor regulations, creative attitude to work, careful handling of equipment and material assets, strict execution

orders and instructions from managers and achieving high results in work.

Production discipline is closely related to labor discipline. Production discipline is the employee’s compliance with established technological rules and production instructions.

Production discipline in a broad sense consists of many varieties of discipline. The most characteristic m of them are: planned; design; technological; compliance with standards; compliance with requirements for saving and rational use of raw materials, materials, energy and other types of material resources; contractual: performing.

Planning discipline is the procedure for drawing up plans, their coordination, approval and implementation. This procedure is established in resolutions of the Council of Ministers, orders of ministries and other governing bodies.

Design discipline obliges specialists to strictly comply with the requirements of drawings and other design documentation when manufacturing products.

Technological discipline consists of strict adherence to technological processes, implementation of measures aimed at ensuring technological preparation of production.

Compliance with the requirements of standards presupposes compliance with the requirements of standards, which include GOSTs. OST, STP, TU.

Compliance with the requirements for saving and rational use of raw materials, materials, energy and other types of material resources implies increasing responsibility for the rational use of raw materials, materials, energy and the introduction into practice of scientific achievements that contribute to their economy and conservation.

Contractual discipline is characterized by the organization of economic relations of enterprises and organizations on a contractual basis, strict compliance with contractual obligations and responsibility for violation of contractual obligations.

Execution discipline is the timely and qualified execution of orders, instructions, and regulations by employees.

In order to ensure proper labor discipline, various organizational and legal means of influencing the behavior of workers and methods are used to help maintain a certain level of labor discipline required by society. Legal methods of ensuring labor discipline are understood as the methods of ensuring it provided for by law, i.e.

Fulfillment by the employee and employer of their duties.

The following are the most typical methods of ensuring labor discipline: persuasion, encouragement for conscientious work, coercion.

Persuasion is a method of influence that stimulates the subject of law to behave in a manner consistent with his will.

People's conviction in the usefulness and necessity of labor discipline in social production is formed in the process of everyday work through psychological influence on members of the organization's labor collective. Conviction is affirmed by influencing the thoughts, moods, feelings, and motives of a person’s behavior through the full use of his moral and material interest in the effective performance of socially useful work and achieving higher results.

When influencing the consciousness of workers through persuasion, they create internal moral incentives and the need for lawful behavior. This influence makes it possible to combine the requirements of the law, other normative acts, the authoritative demands of officials with the internal conviction of the employee in the need to comply with and fulfill these requirements.

Persuasion is a method of preventing violations of labor discipline. It helps to prevent crime and immoral offenses and eliminate the causes that give rise to them.

The means of implementing the persuasion method are various incentive measures.

Incentives under labor law are, as a rule, the public honoring of a member of a work team in a form established by a rule of law or a collective agreement, incentive measures for exemplary behavior recognized as labor merit or special labor merit.

Reward for success at work as an important legal means of ensuring labor discipline has great moral significance. The basis for incentives is usually the employee’s exemplary behavior, which is assessed as labor merit. The subject of labor merit is the employees or teams of sections, shifts, and workshops.

B TK does not provide specific incentive measures. The procedure for applying incentives is determined in the collective agreement, internal labor regulations, and discipline regulations. So. for success in work, increased productivity, improved product quality, long-term and impeccable work, innovation in work and other achievements in work, the following types of incentives are possible: declaration of gratitude. issuing a prize, awarding a valuable gift, a Certificate of Honor, entering in the Book of Honor, on the Honor Board. For special labor merits, employees are nominated for state awards: orders, medals, certificates of honor, badges and for the conferment of honorary titles and knowledge of the best worker in a given profession.

To encourage employees who successfully and conscientiously fulfill their labor duties, the employer must first of all provide advantages and benefits in the field of social, cultural and housing services: vouchers to sanatoriums and rest homes, improvement of living conditions. To encourage employees in self-supporting organizations, annual remuneration payments should be used more widely, and such employees should also be given advantages in career advancement.

When encouraging employees, the principle of transparency must be observed. This serves to strengthen labor discipline and educate workers. An important condition is the observance of proportionality of incentives to the specific participation of the employee in achieving certain indicators. Incentives are announced in the order (instruction) of the employer, which specifies in detail the type of incentive and for what specific successes in work the employee is noted, and are entered in the work book.

Coercion is a method of influence that ensures that a subject of law performs certain actions against his will. Coercion is the use by the head of an organization of his power under certain conditions provided for by law.

Coercion as a method of influencing a subject of law is used much less frequently than persuasion, and must be justified and humane, in each specific case depending on the nature and motives of behavior, the personality of the violator of labor discipline, and the consequences of the offenses.

Coercion methods are characterized by certain features: they are applied only to employees who, being in an employment relationship, through their own fault, violate their accepted labor duties; coercive measures must be established by law; the employer determines for which violation a particular disciplinary measure should be applied; disciplinary liability of employees for failure to perform or improper performance of labor duties arises before the organization as a party to the employment contract.

The coercion method is carried out through disciplinary measures that the employer applies to the employee who has committed a disciplinary offense.

Internal labor regulations mean the order established within the organization where the employee works

The internal labor regulations include the order of relationships between the employee and the employer, who, on behalf of the owner, manages labor in the organization, and the order of relationships between employees in the labor process. Therefore, its most important elements are the basic rights and obligations of the employer and employees, the working hours of employees, the order encouraging them and bringing them to disciplinary liability.

The internal labor regulations are aimed at establishing a labor regime that ensures not only proper labor discipline, but also the appropriate organization of labor.

The internal labor regulations in the organization are determined by the internal labor regulations approved by the employer with the participation of trade unions on the basis of the Model internal labor regulations approved by the resolution of the Ministry of Labor.

The presence of local internal labor regulations is mandatory for each organization. The internal labor regulations of a particular organization are much broader than standard or industry rules and reflect in more detail the specifics of production conditions in a given organization. They are local regulations and may include the following sections: general provisions; procedure for hiring and dismissing employees; responsibilities of employees; responsibilities of the employer; working time and its use; rewards for success at work; liability for violation of labor discipline.

The internal labor regulations establish a list of officials of the organization who have the right to impose disciplinary sanctions on subordinate employees (in accordance with the industry list of positions of these employees). The operating mode of the organization is determined (the beginning and end of work shifts and the work of the organization as a whole, the time of breaks for meals and rest in structural divisions and their duration), additional measures for the preservation of trade secrets, labor protection and other circumstances related to the peculiarities of the organization’s work are specified. .

Each employee of the organization must be familiar with the internal labor regulations when entering work, and subsequently with the changes and additions made to them.

In certain sectors of the national economy, internal labor regulations are regulated by charters or regulations on discipline, approved by resolutions of the Council of Ministers, which are special departmental acts and apply only to certain categories of employees of state organizations, ensure a clear organization of work and responsibility of workers for a precisely designated area of ​​​​work. Such charters or regulations operate mainly in sectors of the national economy associated with special working conditions or the operation of transport, where strict adherence to labor discipline is especially important due to the fact that its violation can lead to extremely serious consequences (for example, in railway, water and pipeline transport , in civil aviation).

Most charters or regulations on discipline do not apply to all workers, but only to those who perform basic work in a given industry, as well as to employees of the central management apparatus. The circle of these employees is established by the relevant charter. In organizations in those industries where discipline statutes are in force, internal labor regulations are also approved, but they apply to employees who are not subject to the statutes. Like internal labor regulations, discipline statutes develop and supplement current legislation, but cannot contradict it.

At the same time, discipline statutes have a number of differences from internal labor regulations: they regulate a narrower range of issues; disciplinary liability of employees under discipline statutes has a broader understanding of disciplinary offenses and provides for more stringent sanctions for improper performance of job duties.

Job descriptions, technical rules and instructions are also among the regulations governing internal labor regulations, but only to the extent that clarifies the rights and responsibilities of an employee in individual professions and specialties. These provisions and instructions are local regulations and apply within a specific organization.

To ensure labor discipline, labor legislation uses two methods (methods): the method of encouragement and the method of coercion.

Promotion- this is recognition of the employee’s labor merits, giving him public honor for achievements in work. Incentive measures can be of both a moral and material nature, or they can combine both of these elements. The Labor Code of the Russian Federation provides for the following types of incentives for conscientious work:

Declaration of gratitude;

Issuing a bonus;

Rewarding with a valuable gift;

Awarding a certificate of honor;

Nomination for the title of best in the profession.

It should be noted that this list is not exhaustive. Other types of employee incentives for work may be determined by a collective agreement or internal labor regulations of the organization, as well as charters and discipline regulations. For special labor services to society and the state, employees can be nominated for state awards.

Information about incentives is entered into the work book, which is very important for an employee when applying for another job.

In addition to positive incentives for observing labor discipline, there are also negative ones, which are expressed in the threat of negative consequences for the employee if he violates labor discipline. These consequences are most often expressed in the application of coercive measures (coercive measures) to the employee.

Coercion method as a way to ensure labor discipline is a set of techniques and means of influencing unscrupulous workers, expressed in the application of legal sanctions to them for non-fulfillment or improper fulfillment of assumed labor duties.

As a rule, coercive measures applied in connection with violation of labor discipline are: measures of responsibility. Labor law, unlike some other branches of Russian law (civil, administrative, criminal), does not know a single structure of liability. Depending on what exactly the violation of labor discipline was and what consequences occurred as a result, the violator may be brought to justice disciplinary or material (property) responsibility. The question of financial liability arises only if the unlawful behavior of the employee (or employer) caused material damage the other party to the employment contract. In the absence of material damage, the employee (but not the employer) can only be subject to disciplinary liability. A disciplinary offense committed by an employee, which at the same time caused material damage to the employer, may be the basis for bringing the employee to both disciplinary and financial liability at the same time. These types of responsibilities will be discussed in more detail below.

Control questions:

1. What is labor discipline and internal labor regulations of an organization? What documents are they determined by?



 


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