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Labor discipline at the enterprise and methods of ensuring it. What are the methods of ensuring labor discipline? Legal methods of ensuring labor discipline

Labor discipline is compulsory for all employees to comply with the rules of conduct established by the Labor Code of the Russian Federation, other laws, agreements, collective agreement, other local regulations of the organization, as well as an employment contract. Labor discipline in a particular organization implies strict observance by all employees of the internal labor schedule. 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 workers. Internal labor regulations are local normative act organizations regulating the procedure for hiring and firing employees in accordance with labor legislation, the basic rights, obligations and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other regulatory issues 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 employees of only basic professions, to which, due to the nature and conditions of their work, increased requirements are imposed. Currently, for example, the following acts are in force: Regulations on employee discipline railway transport RF, Disciplinary Charter of Militarized Mine Rescue Units for Servicing Mining Enterprises of the Metallurgical Industry, Charter on Discipline of Employees of Organizations with Particularly Hazardous Production in the Use of Atomic Energy, Charter on Discipline of Maritime Transport Workers, Charter on Discipline of Employees of the Russian Fishing Fleet. To ensure labor discipline, labor legislation uses two methods (methods): a method of encouragement and a method of coercion.

Encouragement is the recognition of an employee's labor merits, the provision of social honor to him for his achievements in work. Incentives can be of both 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; issuance of prizes; rewarding with a valuable gift; awarding with a certificate of honor; presentation to the title of the best in the profession. It should be noted that this list is not exhaustive. Other types of employee incentives for work can be determined by the collective agreement or the 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 in work book, which is very important for an employee when applying for another job. In addition to positive incentives to observe labor discipline, there are also negative ones, which are expressed in the threat of negative consequences for the employee in case of violation of labor discipline. These consequences are most often expressed in the application of coercive measures of influence (measures of coercion) to the employee. The method of coercion as a way of ensuring labor discipline is a set of methods and means of influencing unscrupulous workers, expressed in the application of legal sanctions to them for non-performance or improper performance of their labor duties. The measures of coercion applied in connection with the violation of labor discipline are, as a rule, measures of responsibility. Depending on what exactly the violation of labor discipline was expressed in and what the consequences were as a result of this, the offender may be brought to disciplinary or material (property) liability. The question of material liability arises only if the unlawful behavior of the employee (or employer) caused material damage to the other party of the employment contract. In the absence of material damage, the employee (but not the employer) can only be charged disciplinary responsibility... 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 both to disciplinary and material responsibility at the same time. Below we will only talk about disciplinary liability, and the employee's material liability will be discussed in the next chapter.

As mentioned above, labor discipline is a certain order of behavior of employees of a firm, which determines their obligations and ensures consistency in actions in the performance of specific labor functions. Labor discipline in each organization is regulated by the Labor Code of the Russian Federation, internal regulations of the company, contracts and agreements.

The importance of work discipline lies in the fact that it contributes to:

Increase in labor productivity and production efficiency;
Increasing the degree of innovation in work;
Achievement High Quality work;
Protecting the health of employees and reducing the incidence of industrial injuries.

Methods of ensuring labor discipline

In accordance with the Labor Code of the Russian Federation, there are two main methods of ensuring labor discipline: incentives and penalties.

The instruments for implementing the collection method are:

Rebuke;
Comment;
Dismissal.

The employer chooses a specific measure, but when choosing, he must take into account the severity of the act and the circumstances under which it was committed.

Employers are not allowed to use a collection method that is not provided for by labor law. Failure to comply with this prohibition may lead the company to administrative liability.

The tools of the incentive method are:

Award issuance;
Promotion;
Awarding a diploma or a valuable gift;
Announcement of gratitude.

The employer can choose any of these tools. The obligation to remunerate an employee appears only if it is determined in one of the internal documents of the company in which case the incentive will be carried out. If the type and amount of remuneration is not determined, the employer has the right to establish them independently.

The discipline of work is the established in this public organization labor order of conduct in joint work and responsibility for its violation.

When concluding an employment contract, the employee knows that in the labor process he is obliged to obey the one-man manager in production for the entire duration of his employment contract. This is the second aspect of the concept of labor discipline as necessary element employment relationship employee.

The third aspect of the concept of labor discipline as the implementation of the basic principle of labor law - ensuring the fulfillment of the employee's obligation to work conscientiously in the chosen field of activity - to comply with labor discipline.

And finally, the fourth aspect of labor discipline is the corresponding institution of labor law, i.e. the system of legal norms governing the internal labor schedule, which provides for the obligations of the employee and the employer (his administration), incentives for success in work, the procedure for their application, types and measures of responsibility for violation of labor discipline and the procedure for their application, which corresponds to Section VIII of the Labor Code ( Art. 189-195).

Labor discipline, Art. 189 of the Code, is mandatory for all employees to comply with the rules of conduct determined in accordance with the Code, other laws, collective bargaining agreements, agreements, labor contracts, local regulations of the organization. The employer, in accordance with the specified legislation, is obliged to create the conditions necessary for the employees to comply with labor discipline.

The organization's labor schedule is determined by the internal labor regulations governing, in accordance with labor legislation, the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, work hours, rest time, incentives for employees and penalties, as well as other issues of regulating labor relations in the organization (Article 189 of the Labor Code).

The discipline of work differs in the objective and subjective sense. In an objective sense, it is a system of norms on labor discipline, i.e. the institution of labor law and the internal labor schedule established in this production. Subjectively, this is an element of the employee's labor relationship and his duty to comply with the rules of the internal labor schedule, labor discipline.

There is one more aspect - the degree of observance of labor discipline by a given work collective of production, its parts (workshops, departments, etc.) and a specific employee. The employee must also comply with job descriptions, functional responsibilities foreseen qualification handbook according to his position, work, as well as fire-prevention, sanitary instructions for this production. The employer (administration) is obliged to ensure an appropriate level of labor discipline in production and respond to its violation by individual employees.

Labor discipline in production includes adherence to technological and production discipline. Technological discipline is the observance of the manufacturing technology of the product of production, technological process its manufacture. Work discipline is part of work discipline officials administrations obliged to organize the continuity of the technological process, the timeliness of the supply of materials, tools, equipment, the consistency of the work of individual production units in order to ensure the rhythmic, accurate work of the entire production.

The importance of labor discipline lies in the fact that it:

contributes to the achievement of high quality results of labor of each employee and of the entire production, work without marriage;
allows the employee to work with full dedication, show initiative, innovation in work;
increases production efficiency and labor productivity of each employee;
promotes health protection during labor activity, labor protection of each employee and the entire work collective: with poor labor discipline, there are more accidents and accidents at work;
promotes rational use working time of each employee and the entire work collective.

Methods for ensuring work discipline are necessary to create organizational and economic conditions for high-performance work. The following three methods are interrelated: a conscientious attitude to work, methods of persuasion, education and encouragement for conscientious work, and for careless, unscrupulous workers - the use of disciplinary and social measures when necessary.

The creation of the necessary organizational and economic conditions for high-performance work is entrusted to the employer, who is obliged to provide normal working conditions for this:

good condition of machines, machine tools and devices;
timely provision of technical documentation;
proper quality of materials and tools for work and their timely submission;
timely supply of production with electricity, gas for work and other sources of energy supply;
safe and healthy working conditions (compliance with safety rules and regulations, necessary lighting, heating, ventilation and other factors that negatively affect the health of workers).

If at least one of the specified conditions is not provided by the employer (administration) for the employee, this affects the fulfillment of the labor standard by him, and reduces discipline. That is why the legislator, in the first place in the methods of ensuring labor discipline, included the creation of normal working conditions for the fulfillment of labor standards. But they all relate to the upbringing of a conscientious, conscientious attitude to work, the employee must work conscientiously (not to skimp, not to cheat). An atmosphere of intolerance towards violations of labor discipline, strict comradely exactingness towards workers who perform their labor duties in bad faith is being created in work collectives. They can discuss labor discipline offenders at meetings.

It must be acknowledged that discipline methods play an important role in any organization. So, in particular, any person who is on leadership position, without fail must operate well with data on the organization of labor. Many methods that show high efficiency in practice change only partially.

In order for the employer to be able to demand discipline from personnel, it is necessary to guarantee people that the equipment is in good condition and all the necessary technical documentation... Tools for work must be of quality. In addition, it is important to guarantee a safe and healthy working environment.

In modern legal literature, the following methods of ensuring labor discipline are distinguished:

1) conviction;

2) encouragement;

3) coercion.

One of the main methods is persuasion. Persuasion is essential for maintaining discipline and directly affects performance. The manager must necessarily have the appropriate "leverage" to influence employees. There are different types of beliefs: political, economic, aesthetic and others. But the main ones for the control of labor processes are precisely the economic and political ones.

Among the methods of ensuring labor discipline, the encouragement of workers is especially important. The employer must acknowledge the conscientious work of his employees. In other words, if well-performing and unscrupulous workers are in an equal position, well-performing employees simply will not be motivated, which will accordingly affect the labor process.

Reward for work is a public recognition of the employee's merits, his success in work in the form of the application of incentives to him.

Of course, encouragement plays a peculiar role of a "perpetual motion machine". Recognition of the work success of employees increases job satisfaction both of the person being encouraged and influences other employees of the organization, encouraging the latter to improve the results of their work. At the same time, in the current Russian legislation, encouragement is understood only as a form public recognition achieved success, which expresses the official recognition by the employer of the employee's merits (as a rule, on general meeting in a solemn atmosphere, with the obligatory issuance of the corresponding order) and rendering him public honor.

In this regard, we can say that incentives for labor are the most important means of ensuring labor discipline.

As a rule, there are the following measures to reward employees:

1) measures of a moral nature (announcement of gratitude, awarding a certificate of honor, and others)

2) of a material nature (issuing a prize, awarding a valuable gift, and others).

It should be noted that the list of incentive measures is not exhaustive. The labor legislation provides only for the main types of incentive measures that have become widespread in practice.

The grounds for applying incentive measures to an employee are:

1) conscientious effective work, that is, impeccable performance of labor duties;

2) increasing labor productivity;

3) improving product quality;

4) long-term conscientious work and other achievements in the performance of the employee's job duties.

The last method is coercion. Coercion is a form of punishment for an employee’s wrongdoing. A person who refuses to abide by the norms and obey the established rules is forced to reform.

Currently, the employer has the right to apply various disciplinary sanctions against employees who violate labor discipline. Different kinds penalties are imposed on established by law procedure, based on the action of the articles of the Labor Code Russian Federation and federal laws according to the severity of the wrongdoing committed by the perpetrator.

In accordance with article 192 of the Labor Code of the Russian Federation, there are the following types disciplinary action:

1) remark;

2) a reprimand;

3) dismissal on appropriate grounds.

Federal laws, statutes and discipline regulations for certain categories of employees may also provide for other disciplinary sanctions.

Thus, having examined and studied the methods of ensuring labor discipline, we can say that today the employer has the opportunity to use various methods in order to ensure that employees comply with labor discipline. In particular, this is persuasion, encouragement, coercion.

THE SOLUTION OF THE PROBLEM

Condition:

The labor contract concluded with the seller Alimova did not include a condition on compulsory social insurance. When checking compliance with labor legislation, the state inspector of the Federal Labor Inspectorate demanded that the employment contract be declared invalid and demanded its termination in connection with violation of the requirements of Art. 57 TC.

Is the requirement of a state inspector legal?

What are the legal consequences of not including the conditions required by law in the employment contract?

Solution:

Article 57 of the current Labor Code stipulates that a condition on compulsory social insurance must be included in an employment contract concluded between an employee and an employer. At the same time, this article regulates that if, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of Article 57 of the Labor Code of the Russian Federation, then this is not a basis for recognizing a labor contract. the contract is not concluded or its termination. The employment contract must be supplemented with missing information and (or) conditions.

Guided by the above legal norm, we can say that the actions required by the state inspector are illegal. In this case, the state inspector must oblige the employer to include this condition in the employment contract by drawing up an annex to labor contract or the conclusion of a separate written agreement of the parties

Legal consequences of non-inclusion in an employment contract mandatory conditions:

1) the employer must include this condition in the employment contract;

2) it is possible to apply administrative penalties to the employer in accordance with article 5.27 of the current Code of Administrative Violations for evading or improper execution of an employment contract, violation of labor law.

CONCLUSION

Thus, having examined and investigated the discipline of labor, methods of ensuring it, as well as solving the problem, one can summarize and draw certain conclusions.

It should be noted that the goals and objectives of this test work have been achieved and fulfilled.

In the process of writing this test, it was found that labor discipline must be understood as compulsory for all employees to comply with the rules of behavior. Labor order is established by the employer on the basis of the internal labor regulations, which should be understood as a local normative act that regulates the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to the employment contract, working hours, rest time and other issues.

Maintaining labor discipline can be carried out by the employer through the use of different methods: encouragement, persuasion, coercion.

Persuasion method is a method of upbringing, influencing the consciousness of workers in order to stimulate its useful activities or inhibit unwanted actions. Incentive measures have a positive effect on the work process, encouraging employees to more efficiently and conscientiously perform their work duties. In addition to incentive measures, penalties are also applied to employees who commit disciplinary offenses.

In addition, when writing this test work, the problem was considered and solved. In the course of its decision, the current labor legislation was studied and investigated, in particular, the issues of including mandatory conditions in the employment contract, the legal consequences of not including these conditions.

LIST OF USED LITERATURE

Normative legal acts

1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated 30.12.2008 No. 6-FKZ, dated 30.12.2008 No. 7-FKZ, dated 05.02.2014 No. 2 -FKZ, dated 21.07.2014 No. 11-FKZ) // SZ. RF. - 2014. - No. 30. - Art. 4202.

2. The Code of administrative offenses Of the Russian Federation No. 195-FZ dated 30.12.2001 (as amended on 06.07.2016 with amendments and additions, entered into force from 03.10.2016 No. 374-FZ) // Russian newspaper... - 2001. - No. 256; // Russian newspaper. - 2016. - No. 149.

Scientific and educational literature

1. Gavrilova A.O. Some aspects of understanding the term "labor discipline". // Bulletin of the Omsk Law Academy. - 2012. - No. 1. - S. 89-91.

2. Dmitrieva V.K. Labor law Russian Federation: textbook. - M .: Yurayt, 2012 .-- 569 p.

3. Kovaleva I.A. Legal regulation labor discipline. // Science and modernity. - 2013. - No. 20. - S. 286-292.

4. Smolensky MB Labor law of the Russian Federation: textbook. - M .: Norma, 2010 .-- 450 p.

5. Syrovatskaya L.A. Labor law of the Russian Federation: textbook. - M .: Yurayt, 2011 .-- 586 p.

6. Tolkunova V.N. Labor law: tutorial... - M .: Norma, 2013 .-- 390 p.

The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated 30.12.2008 No. 6-FKZ, dated 30.12.2008 No. 7-FKZ, dated 05.02.2014 No. 2-FKZ , dated 21.07.2014 No. 11-FKZ) // SZ. RF. - 2014. - No. 30. - Art. 4202.

Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on 03.07.2016 as amended and supplemented, entered into force on 03.10.2016 No. 347-FZ) // Rossiyskaya Gazeta. - 2001. - No. 256; // Russian newspaper. - 2016. - No. 149.

Kovaleva I.A. Legal regulation of labor discipline. // Science and modernity. - 2013. - No. 20. - P. 286.

A.O. Gavrilova Some aspects of understanding the term "labor discipline". // Bulletin of the Omsk Law Academy. - 2012. - No. 1. - P. 89.

Smolenskiy M.B. Labor law of the Russian Federation: textbook. - M .: Norma, 2010 .-- S. 198.

Tolkunova V.N. Labor law: textbook. - M .: Norma, 2013 .-- S. 215.

Dmitrieva V.K. Labor law of the Russian Federation: textbook. - M .: Yurayt, 2012 .-- S. 265.

Syrovatskaya L.A. Labor law of the Russian Federation: textbook. - M .: Yurayt, 2011 .-- S. 248.

Tolkunova V.N. Decree. Op. P. 216.

Dmitrieva V.K. Decree. Op. P. 266.

Code of Administrative Offenses of the Russian Federation No. 195-FZ dated 30.12.2001 (as amended on 06.07.2016 with amendments and additions, entered into force from 03.10.2016 No. 374-FZ) // Rossiyskaya Gazeta. - 2001. - No. 256; // Russian newspaper. - 2016. - No. 149.

Each enterprise has a certain set of requirements and rules of conduct 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 misconduct and can lead to 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 support and management

Objectives of Labor Discipline

Labor discipline at the enterprise must:

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

With good work discipline, maximum work 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 (Section 8 "Labor Regulations and Labor Discipline"). When drawing up internal documents of an enterprise on labor discipline, one can also be guided by the state standard GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork ".

Legal methods of ensuring labor discipline

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

Usually, incentives at enterprises are mainly material (after all, this is mainly the production process aimed at making a profit), but moral incentives can also be used: issuing certificates of honor, awarding the title "Employee of the Month" and so on.

Punishments include measures of moral and pecuniary punishment stipulated by the legislation for the commission of a disciplinary offense.

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

Labor discipline rules

Since labor discipline and its observance are decisive factors in the labor relationship between the employer and the employee, each enterprise should have internal documents that should fix the norms of behavior of each employee of the enterprise, the requirements for the work they perform and the regime. working day etc. This requirement is reflected in the law and is mandatory for every head of the enterprise.

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

Internal labor regulations

In this internal document of the enterprise, drawn up taking into account the recommendations state standard upon request for paperwork and on the basis of articles of the Labor Code of the Russian Federation, labor discipline and disciplinary responsibility of the employees of the enterprise must be prescribed. Internal Labor Regulations (IHR) cover issues such as the procedure for hiring and firing employees, the basic rights and obligations of employees and the employer, a complete description of working hours and rest hours, incentives and punishments and the procedure for their application, as well as the responsibilities of the parties to the employment relationship.

PVTP can be a separate document or an appendix 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.

Labor Discipline Regulations

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

Labor discipline management at the enterprise

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

Labor discipline management in an enterprise implies an analysis of compliance with labor discipline in structural divisions enterprises, accounting and control of personnel working time, if necessary, the development and implementation of measures aimed at strengthening labor discipline.

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

Labor discipline violations

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

absenteeism;
regular lateness at the beginning of the working day and after lunch break;
appearance at the workplace in a state of alcoholic, drug or other toxic intoxication;
theft of working property;
embezzlement;
deliberate damage to equipment;
premature departure from work for lunch break and at the end of the shift;
fulfillment of their work duties not in full, not in accordance with the established quality criteria;
disclosure of commercial secrets of the enterprise;
violation of labor protection rules, which led to an accident or accident;
refusal to undergo training or medical examination, if it is necessary for high-quality and qualified performance of work duties;
direct disregard of the orders of the head;
violation of subordination;
deliberate failure to comply with the requirements of instructions and orders.

Penalties

According to labor code the employer has the right to the following penalties:

rebuke;
comment;
dismissal.

Imposition of disciplinary sanctions not provided for federal laws, not allowed. Only one penalty can be imposed for one offense. An entry is made in the work book only about the dismissal of the employee.

Incentives

Incentive measures, as already mentioned above, include material (bonuses, allowances, valuable gifts) and non-material ( certificates of honor, presentation to local and state awards, honorary titles) actions.

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

Strengthening labor discipline

To determine the state of the execution 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 the average staff of the enterprise and by calculating the percentage of lost working time. In addition, the characteristics of the offenders are also taken into account and the area or part production process, where the largest number of violations occurred.

Based on the results of such an analysis, the head of the enterprise can issue an order on the observance of labor discipline. For example, if it is revealed that most of the employees are regularly late for the beginning 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 for the enterprise and must be followed.

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 the performance of employees' work duties, compliance with the daily routine, labor protection rules and instructions for working with equipment, and the like. Based on this analysis, it is possible to draw conclusions about the “weak link” of the enterprise and even then develop and apply appropriate measures to strengthen labor discipline.

Such activities include, for example:

regular training of personnel in order to improve their qualifications;
introduction additional measures encouragement;
strict control of delays (for example, through the introduction of an electronic badge system);
hiring personnel only on a competitive basis.

Labor discipline and material responsibility of employees

According to the law, an employee who violates the conditions of labor discipline, which entailed 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 the amount not exceeding the average monthly salary), individual or collective.

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

HR administration

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