Labor discipline
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. The labor schedule is determined by the internal labor regulations.
Labor discipline. Internal labor regulations. Penalties for violation of labor discipline. Employee incentives.
Labor discipline at enterprises, institutions, organizations is ensured by the creation of the necessary organizational and economic conditions for normal high-performance work, a conscious attitude to work, methods of persuasion, education, as well as encouragement for conscientious work.
The labor schedule at enterprises is approved by the general meeting (conference) of employees of the enterprise on the proposal of the administration (Labor Code, Art. 130). When drawing up the rules, one should use the Model Internal Labor Regulations for Workers and Employees of Enterprises, Institutions, Organizations (approved by the USSR State Labor Committee, Decree of 07/20/84 N 213).
Model rules contain provisions common to all enterprises (regardless of departmental affiliation) and do not reflect the specifics of individual sectors of the national economy. Ministries and departments, on their basis, in agreement with the relevant central (republican) committees of trade unions, issue industry-specific internal labor regulations, and labor collectives approve, on the proposal of the administration and the trade union committee, internal labor regulations in relation to the working conditions of a given enterprise.
The internal labor regulations include the following sections:
1. General Provisions.
2. The procedure for the admission and dismissal of workers and employees.
3. Basic duties of workers and employees.
4. The main responsibilities of the administration.
5. Working time and its use.
6. Encouragement for success in work.
7. Responsibility for violation of labor discipline.
The internal labor regulations must be drawn up taking into account the current legislative acts. Labor discipline at enterprises, institutions, organizations is ensured by the creation of the necessary organizational and economic conditions for normal high-performance work, a conscious attitude to work, methods of persuasion, education, as well as encouragement for conscientious work.
For exemplary performance of labor duties, increase in labor productivity, improvement of product quality, continuous and flawless work, innovation in work and for other achievements in work, the following incentives are applied:
1) declaration of gratitude;
2) issuance of an award;
3) rewarding with a valuable gift;
4) awarding a certificate of honor;
5) entry into the Book of Honor, on the Board of Honor.
The internal labor regulations, charters and regulations on discipline may also provide for other incentives. Incentives are applied by the administration jointly or in agreement with the relevant elected trade union body of the enterprise, institution, organization.
Employees who successfully and conscientiously fulfill their labor duties are provided, first of all, with benefits and benefits in the field of socio-cultural and housing and consumer services (vouchers to sanatoriums and rest homes, improvement of living conditions, etc.). Such employees are also given an advantage in promotion at work.
For special labor merits, employees are presented to higher authorities for promotion, for awarding orders, medals, diplomas, badges and for conferring honorary titles and the title of the best worker in this profession.
For violation of labor discipline, the administration of an enterprise, institution, organization applies the following disciplinary sanctions:
1) remark;
2) reprimand;
3) severe reprimand;
4) dismissal.
The legislation on disciplinary liability, charters and regulations on discipline may also provide for certain categories of employees and other disciplinary sanctions.
When imposing a disciplinary sanction, the severity of the misconduct committed, the circumstances under which it was committed, the previous work and the behavior of the employee must be taken into account.
Before applying a disciplinary sanction, a written explanation must be requested from the employee.
A disciplinary sanction is applied immediately after the discovery of a misconduct, but no later than one month from the date of its discovery, not counting the time the employee was ill or on vacation.
Penalty cannot be applied later than six months from the date of commission of the misconduct, and based on the results of an audit or audit of financial and economic activities - no later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings. Only one disciplinary sanction may be applied for each misconduct.
An order (instruction) or resolution on the application of a disciplinary sanction, indicating the reasons for its application, is announced (reported) to the employee subjected to the sanction against receipt. A disciplinary sanction may be appealed in the manner prescribed by law. The body considering a labor dispute has the right to take into account the severity of the misconduct committed, the circumstances under which it was committed, the previous behavior of the employee, attitude to work, as well as the compliance of the disciplinary sanction with the severity of the misconduct committed.
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. A disciplinary sanction may be lifted before the expiration of the year by the body or official who applied it on their own initiative, at the request of the immediate supervisor or the labor collective, if the person subjected to the disciplinary sanction has not committed a new offense and has shown himself to be a conscientious employee.
During the period of validity of the disciplinary sanction, incentive measures are not applied to the employee.
The administration has the right, instead of applying a disciplinary sanction, to refer the issue of violation of labor discipline to the consideration of the labor collective.
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