External remuneration always means recognition of the merits of a person or team to the organization, in whatever form it is carried out. Recognition does several things:
further stimulation of the creative activity of employees;
demonstration of a positive attitude of management towards high results;
popularization of the results among the team;
raising the morale of employees;
increase in business activity;
strengthening the effectiveness of the incentive process itself. There are several forms of recognition and evaluation of the work of employees.
Firstly, these are material compensations (remuneration, compensation) for increased labor costs. They can be expressed in various forms. If it's about wages, then its size should not depend on the length of service, but also take into account the quality of the performance of one's duties. In practice, managers compensate for the efforts expended by the employee in accordance with the length of service and time spent at work, and not at all according to the characteristics of the results achieved. Types of material compensation: payment for education, medical care, food, etc.
Secondly, a form of recognition is a monetary reward for high performance (ie, bonuses). Prizes do not have to be large at all, the main thing is unexpected and such that everyone knows about them.
Thirdly, a form of recognition is promotion. But it affects only those who make a career, and there can not be many of them due to the limited number of vacancies. In addition, not everyone can and wants to be leaders.
Fourth, recognition can be rewarded with free time. It may be provided in the form additional leave or shortened working hours. It can also be redistributed through a flexible or staggered schedule that makes the working day more convenient. It can arise due to the time saved due to the personal efforts of the employee.
Fifth, it is important public acceptance the merits of the collective and individual employees through wide information about them in the large-circulation press and on special stands, the presentation of certificates, the announcement of gratitude at meetings, the awarding of tourist trips, tickets.
Sixth, personal recognition by the leadership of an organization or unit plays a big role in stimulating. It can take the form of regular or episodic congratulations on the occasion of holidays and solemn dates, praise.
According to experts, praise is one of the most effective tools feedback between leaders and subordinates. It is only important to be able to choose its appropriate content and form. She can be direct - sincere, friendly, trusting; it can also be indirect in the form of a manifestation of genuine interest in the personality of the employee, his concerns and needs. Prizes can also be attributed to praise. But they are effective only when the relationship between costs and results is clearly visible. In addition, they quickly get used to money. In order for the stimulation with their help to be effective, the amounts have to be increased all the time, but this cannot be done indefinitely.
For praise to be effective, the leader must adhere to the following rules:
clearly define what to praise subordinates for;
think over the “dosage” of praise in advance and take breaks in it;
praise subordinates for any good and useful deeds, even if they are not significant, but specific, have the right direction;
praise not too often, but regularly;

More on the topic 3. 4. 4. Forms of recognition and evaluation of labor results:

1. 5.1.Features of the regulation of wages in state-owned enterprises.
2. 5.2. Methods of comparative rating assessment of enterprises

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The order of people's behavior that meets the norms of law and morality that has developed in society, in a broad sense, is denoted by the concept - "discipline".

In relation to the issue under consideration, in the everyday sense, the category of "labor discipline" is recognized as - strict observance of the established order in production; labor discipline provides for timely arrival at work, compliance with the established length of the working day, rational use time for the most productive (fruitful) work, the exact execution of orders from the administration.

Speaking of state regulation labor relations, the legislator indicates the special definition and content of the concept of "labor discipline" used in labor legislation.

Labor discipline - obligatory obedience for employees to the rules of conduct, which are defined by the Labor Code of the Russian Federation, other laws, collective agreements, agreements, employment contract, internal labor regulations, other local regulations in force in the organization (Article 189 of the Labor Code of the Russian Federation).

To observe labor discipline is the duty of the employee (Part 2 of Article 21 of the Labor Code of the Russian Federation), in our understanding, includes such duties as observing the established working hours, following the instructions of the administration. And the creation of conditions necessary for employees to observe labor discipline is the responsibility of the employer. At the same time, the employer must be guided by the requirements and provisions of the Labor Code of the Russian Federation, laws, other regulatory legal acts, a collective agreement, agreements, local regulations containing labor law norms, an employment contract (Part 2 of Article 189 of the Labor Code of the Russian Federation).

Protection of the rights and interests of employees is the primary task of labor legislation (Article 1 of the Labor Code of the Russian Federation). The protection of the rights of employees is ensured by the statutory obligation of the employer to comply with labor and labor protection legislation.

Employees are obliged to work honestly and conscientiously, observe labor discipline, follow the employer's orders in a timely and accurate manner, increase labor productivity, improve product quality, comply with technological discipline, labor protection, safety and industrial sanitation requirements, take care of property and the like.

The employer is obliged to properly organize the work of employees and pay them, create conditions for the growth of labor productivity, comply with labor legislation, be attentive to the needs and requests of employees, improve their working and living conditions, and the like.

Security Responsibilities safe conditions and labor protection in the organization are assigned to the employer (Article 212 of the Labor Code of the Russian Federation).

The main duties of employees and employers set out in the Labor Code of the Russian Federation are detailed and concretized, taking into account the characteristics of work, in the Internal Labor Regulations, charters and discipline regulations, in various instructions, in technical rules.

The legislator prescribes, in order to establish the labor schedule of the organization, the provisions developed and formulated in accordance with the rules of law, to be fixed in the internal labor regulations of the organization.

The internal labor regulations of the organization (hereinafter referred to as the Labor Regulations) - as a document called by the legislator "local normative act", is intended to regulate in accordance with the Labor Code of the Russian Federation and other federal laws"the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to the employment contract, the mode of operation, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations in the organization" (parts 3 and 4 of article 189 of the Labor Code of the Russian Federation ).

Note.

Defining general provisions procedure for approving the Labor Regulations (Article 190 of the Labor Code of the Russian Federation), the legislator, according to the authors, suggests two possible options for resolving this issue.

1. The employer, taking into account the opinion of the representative body of the employees of the organization, but independently develops and approves the Labor Regulations.

The procedure for communication between the employer and the representative body of employees (trade union body) when adopting the Labor Regulations is governed by the provisions of Article 372 of the Labor Code of the Russian Federation:

The employer, in order to put the Internal Regulations into effect, sends a draft document to the trade union body representing the interests of all or the majority of employees of this organization;

Within 5 days, the trade union body must familiarize itself with the draft, discuss, evaluate the content of the submitted draft Rules, and send a written response to the employer - a reasoned opinion on the draft;

If the opinion of the employer does not coincide with the opinion of the trade union body, the employer may agree with the objections and accept the Rules, taking into account the proposals of the body, or, as the legislator obliges, “within three days after receiving motivated opinion conduct additional consultations with the elected trade union body of workers”;

If after that a “mutually acceptable solution” is not reached, the disagreements are drawn up in a protocol, after which the employer has the right to adopt his own version of the Labor Regulations.

Note.

However, the Labor Code of the Russian Federation allows that a document adopted in this way can be appealed to the appropriate state inspection labor or to court. In addition, the trade union body has the right to initiate the procedure of a collective labor dispute.

Upon receipt of a complaint (application) from an elected trade union body, the State Labor Inspectorate is obliged, within one month from the date of receipt of the complaint (application), to conduct an inspection and in case of detection labor law violations issue an order to the employer to cancel his version of the Labor Regulations. The order is binding.

2. Allowing the possibility of recognizing the Labor Regulations as an annex to the collective agreement (Part 2 of Article 190 of the Labor Code of the Russian Federation), the legislator, apparently, intends to include in the Labor Regulations such provisions, requirements and conditions on which the consent of the subjects of labor relations has been reached, in including subjects collective agreement.

If it is necessary to change or supplement the Labor Regulations, the procedure provided for concluding a collective agreement (Articles 42 and 44 of the Labor Code of the Russian Federation) is carried out.

Note.

For the status of a collective agreement in the regulation of labor relations, see Articles 40 and 43 of the Labor Code of the Russian Federation.

In the incentive system operating in the organization, an important place is occupied by the mechanism for presenting employees to incentives.

In the provision on encouragement, the rights of managers should be divided different levels for each type of incentive.

So, it seems quite logical to use the manager structural unit(department, workshop, and so on) incentive measures that are not associated with serious material costs of the organization, for example, announcing gratitude, early removal of a previously imposed penalty, payment of bonuses (one-time bonuses) in small amounts the best worker department and others.

The head of the organization may have broader powers to apply incentive measures to employees. The incentive system is more effective if his powers extend only to the use of incentives that are of an individual one-time nature (in relation to a specific employee). At the same time, the bonus mechanism for the bulk of employees is carried out in accordance with the rules in force in the organization, which are documented.

The system of incentives in the organization is effective only if the employees of the organization are aware of the principles of its functioning, understand it. Their belief in the fairness of this system is also of great importance.

In general, the grounds for applying incentive measures to employees can be:

exemplary performance of labor duties;

increase in labor productivity;

Improving the quality of products;

· cost savings for the organization;

Long-term and flawless work in the organization;

timely and conscientious performance employees of their official duties;

· innovation in work;

· other achievements in work.

As practice shows, these general grounds are not enough to develop a bonus system in an organization. Therefore, leaders of organizations and human resources departments are striving to develop more specific indicators. At this stage, most of the difficulties arise. In the absence of normalizing indicators, the application of incentives to employees is usually very subjective and may ineffectively affect the functioning of the incentive system in the organization as a whole. In this regard, the issue of developing normative indicators of labor efficiency in the organization should be given the closest attention.

It is advisable to form a system of factors that serve as grounds for bonuses to employees for different categories employees in different ways - taking into account the nature of the work performed, the procedure for accounting and standardizing the results of work various categories employees.

For example, it is advisable to define a different approach to the development of bonus systems for employees whose labor rationing is based on financial and other indicators for the entire organization as a whole and for those categories of employees who have personal rationing indicators. Employees can be roughly divided into three categories:

1) The management of the organization - the administration of the organization;

2) Middle and junior management - managers separate subdivisions, departments, workshops, working groups. For this category of workers, it is expedient to develop standardizing performance indicators depending on the indicators of the structural units they manage.

The provision on encouragement is included in the system of local regulations of the organization. Legislation does not regulate the procedure for the entry into force of this normative document. Therefore, the organization (governing bodies) can independently determine the procedure for approving this document, taking into account the general system for the development and adoption of local regulations in this organization.

In accordance with labor legislation, labor discipline is also achieved using the method of coercion. In necessary cases, violators can be brought to disciplinary responsibility, that is, when disciplinary measures are applied to them - disciplinary sanctions.

In article 192 of the Labor Code of the Russian Federation, the legislator indicates general definition and the content of the concept of "disciplinary offense" used in labor legislation.

According to the meaning of the definition, it is possible to list the main signs of a disciplinary offense allocated by the Labor Code of the Russian Federation:

Actions or inaction of the employee, which are defined in the law as non-performance or improper performance of labor duties;

The presence of guilt is a mandatory sign of a disciplinary offense (responsibility comes only for guilty actions, inaction);

The presence of signs of a disciplinary violation of the employee's labor duties;

Possibility of imposing on the employee disciplinary action for committing a disciplinary offence.

Disciplinary responsibility is usually divided into general and special. All employees may be held liable for general disciplinary liability for violations of internal labor regulations. General disciplinary responsibility involves the application of a disciplinary sanction to the violator of labor discipline, provided for in Article 192 of the Labor Code of the Russian Federation:

3) on relevant grounds.

Special disciplinary responsibility is borne by employees who are subject to the charters and regulations on discipline. In these regulations legal acts stricter penalties are provided for. Such employees include, for example:

prosecutors;

Civil servants;

Employees railway transport;

Employees of organizations with especially dangerous production in the field of atomic energy use;

The established procedure for applying disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation) serves as guarantees for protecting the interests of employees from unreasonable disciplinary liability.

Note.

When applying the norms of Article 193 of the Labor Code of the Russian Federation, it is necessary to take into account the presence of the following conditions:

Whether in reality there was a violation committed by the employee, which served as a reason for dismissal, and could be the basis for terminating the employment contract,

Are the deadlines for applying a disciplinary sanction provided for by the same article of the Labor Code of the Russian Federation observed?

Only one disciplinary sanction is imposed per misdemeanor.

V individual cases when the violation of labor discipline by an employee is not obvious, in order to clarify the circumstances and obtain reliable data, an administrative investigation (inspection) is appointed and conducted.

During the audit, information related to the misconduct is publicly collected and documented, including the following:

Purposes and motives for committing an offense;

The presence of guilt in the actions or inaction of specific employees and the degree of guilt of each in the event of a misconduct committed by several employees;

Circumstances affecting the degree and nature of the responsibility of the guilty employee;

Personal and business qualities employee, his previous behavior;

Reasons and conditions that contributed to the misconduct;

The nature and amount of damage caused by the employee who committed the misconduct.

The employer issues an order to conduct an inspection, in which it determines the timing of the inspection, the person (or persons) entrusted with conducting it, the deadline for submitting the materials of the inspection and the conclusion on its results.

Employees for the period of the inspection may be temporarily suspended from the performance of their duties.

The employee, in turn, has the right:

Give written explanations outlining your opinion about the misconduct committed, state evidence on the merits of your explanation;

Demand that documents and materials submitted by him be attached to the verification materials;

Submit an application for the removal of the employee from the inspection, with specific arguments explaining the removal;

In case of establishing violations in his actions at the end of the inspection, get acquainted with its materials and the conclusion on the results of the inspection, which is certified by the signature of the employee in respect of whom the inspection was carried out, on the conclusion on the results of the inspection. In case of refusal to familiarize with the conclusion or to sign, an act is drawn up.

Upon completion of the audit, a conclusion is drawn up, which is presented to the head. Based on the results of the investigation, an order is issued to bring the employee to disciplinary liability.

Any actions of an employee that comply with laws and other regulatory legal acts cannot be qualified as a disciplinary offense. It is impossible to subject an employee to a disciplinary sanction for refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by law, until such danger is eliminated or from performing heavy work and work with harmful and (or) hazardous conditions work not covered by the employment contract. This follows from paragraph 19 of the Resolution of the Plenum of the Supreme Court Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”. In addition, on the basis of paragraph 37 of the Resolution, it can be concluded that the employee’s refusal to comply with the employer’s order to leave cannot be qualified as a violation of labor discipline. this employee back to work until the end of the holiday. This decision is justified by the fact that the law does not provide for the employer's right to prematurely recall an employee from vacation without his consent.

Only such unlawful actions or inaction of an employee that are directly related to the performance of his labor duties can be recognized as a disciplinary offense. Paragraph 35 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" to violations of labor discipline, which are disciplinary offenses, include:

The absence of an employee good reasons at work or workplace;

Refusal of an employee without good reason to perform labor duties in connection with a change in the established order of labor standards;

Refusal or evasion without good reason from medical examination of workers of certain professions;

Refusal of an employee to go to work time special training and passing exams in labor protection, safety and operating rules, if this is prerequisite permission to work.

From paragraph 36 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, it follows that the refusal of an employee without good reason to conclude an agreement on full liability if the performance of maintenance duties material assets constitutes for the employee his main labor function, which is agreed upon when hiring and, in accordance with the law, an agreement on full liability can be concluded with him.

According to article 193 of the Labor Code of the Russian Federation, only one disciplinary sanction can be applied for each disciplinary offense. However, as follows from paragraph 33 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, if the failure to perform or improper performance of the labor duties assigned to the employee continued through his fault, despite the imposition disciplinary sanction, then it is permissible to apply a new disciplinary sanction to such an employee, including dismissal.

The specific measure of disciplinary action is chosen by the employer. At the same time, he must take into account the severity of the misconduct, as well as the circumstances under which the misconduct was committed, the behavior of the employee preceding this misconduct, and the attitude to work. The employer must provide evidence showing not only that the employee committed a disciplinary offense, but also that all the above circumstances were taken into account when imposing a penalty. When considering a reinstatement case, a claim can be satisfied if the court concludes that the misconduct did take place, but the employee was dismissed without taking into account the above circumstances. Such explanations are given in paragraph 53 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”.

In accordance with Article 193 of the Labor Code of the Russian Federation, the employer must request a written explanation from the employee before applying a disciplinary sanction. If the employee refuses to give the specified explanation, then an appropriate act is drawn up and this is not an obstacle to the application of a disciplinary sanction.

Article 193 of the Labor Code of the Russian Federation establishes the period for applying a disciplinary sanction: no later than one month from the date of discovery of the misconduct. It should be borne in mind that:

The one-month period for imposing a disciplinary sanction must be calculated from the day the misconduct was discovered;

The day when the misconduct is discovered, from which the monthly period begins, is considered the day when the person to whom the employee is subordinate at work (service) became aware of the commission of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions;

The monthly period for the application of a disciplinary sanction does not include the time of an employee's illness, his/her vacation, as well as the time required to comply with the procedure for taking into account the opinion of the representative body of employees. The absence of an employee from work for other reasons, including in connection with the use of rest days (time off), regardless of their duration (for example, when shift method organization of works), does not interrupt the course of the specified period.

Based on the provisions of Article 193 of the Labor Code of the Russian Federation, a disciplinary sanction cannot be applied later than six months from the date of the misconduct, and only based on the results of an audit, audit of financial and economic activity or audit - later than two years from the date of its commission. The time of proceedings in a criminal case shall not be included within the specified time limits.

The order to apply a disciplinary sanction is announced to the employee against receipt within three working days from the date of issuance of the order. If the employee refuses to sign the order, then an appropriate act is drawn up.

For more information on issues related to the organization and documentation labor activity employees (personnel), liability for violation of labor legislation , You can find in the book of the authors of CJSC "BKR-INTERCOM-AUDIT" "Personnel".

The basis for the application of incentive measures to an employee is his conscientious effective work, i.e., the impeccable performance of labor duties, increasing labor productivity, improving product quality, continuous conscientious work, as well as other achievements in work.

In the charters and regulations on discipline, the grounds for the application of incentive measures are specified in relation to the peculiarities of working conditions in specific industries (fields of activity). So, for example, incentives are applied to employees of maritime transport for reasonable initiative and creative activity, rationalization and inventive activity, the fulfillment of individual orders and other achievements in work.

The grounds for the application of incentive measures may be specified by the internal labor regulations in relation to the tasks of the relevant organization.

Incentive measures are divided into: by way of impact on employees - on moral and material, on registration and consolidation in legal acts - legal and non-legal, by scope - general, applicable to any employees, and special, as well as according to the authorities applying them .

Depending on the social significance of the employee's merits, incentive measures are divided into two types: incentives for success in work and incentives for special labor merits.

Types of incentives for success in work and the procedure for their application. In accordance with Art. 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously perform their labor duties by declaring gratitude, issuing a bonus, rewarding them with a valuable gift, diploma, submission to the title of the best in the profession.

The list of incentive measures given in the first part of Art. 191 of the Code, is exemplary. Federal laws and other regulatory legal acts, charters and regulations on discipline may establish other additional incentives. So, for example, to employees customs authorities incentive measures such as awarding a Certificate of Honor from the State Customs Committee of the Russian Federation may be applied; awarding with badges "Honorary customs officer of Russia", "Excellent worker customs service"; early assignment of the next special rank; awarding with personalized weapons; assignment of the next special rank one step higher than the corresponding position held; early removal of the previously imposed disciplinary sanction.

The list of incentive measures established by Art. 191 of the Code, other federal laws, as well as charters and regulations on discipline, can be specified or expanded in relation to work in a separate organization in the internal labor regulations approved by the employer, taking into account the opinion of the representative body of employees of the organization, or in a collective agreement.

Prior to the adoption of the new Labor Code, the employer could apply incentives only jointly or in agreement with the relevant elected trade union body operating in the organization. Now procedure for applying incentive measures The Code does not establish, therefore, the employer has the right to determine it at his own discretion.

In the charters and regulations on discipline, the procedure for applying incentive measures, as a rule, is regulated in detail. So, for example, in accordance with the Regulations on the Discipline of Railway Transport Workers of the Russian Federation, the following procedure applies in the railway transport system: a) every leader has the right to express gratitude; b) the announcement of gratitude in the order, the issuance of a bonus, the awarding of a valuable gift, a Certificate of Honor are made by a manager who has the right to hire this employee; c) the badge "Honorary Railwayman" is awarded by order of the Minister of Railways of the Russian Federation.

An employer can simultaneously apply several incentive measures to an employee (for example, an employee can be thanked and given a cash bonus, he can be awarded a Certificate of Honor with a valuable gift, etc.).

Incentives are issued by order (instruction) of the employer. The order establishes for what kind of success in work the employee is encouraged, and also indicates a specific incentive measure.

In some cases, the charters (regulations) on discipline establish additional rules for the use of incentives. For example, the Disciplinary Charter of the paramilitary mine-rescue units for servicing mining enterprises in the metallurgical industry establishes that incentives must be announced before formation or at a meeting of paramilitary personnel.

Rewards for special labor merits. For special labor services to society and the state, employees can be nominated for state awards of the Russian Federation, which are the highest form encouragement of citizens for outstanding services in the defense of the Fatherland, state building, economics, science, culture, art, education, education, protection of health, life and rights of citizens and other outstanding services to the state.

In accordance with paragraph "c" of Art. 71 of the Constitution of the Russian Federation, the establishment of state awards and honorary titles of the Russian Federation is referred to the competence of the bodies state power RF. The right to award state awards of the Russian Federation and confer honorary titles of the Russian Federation and the highest special titles belongs to the President of the Russian Federation (paragraph "b" of Article 89 of the Constitution of the Russian Federation). The President of the Russian Federation issues decrees on the establishment of state awards and on the awarding of state awards, and also presents these awards. On his behalf and on his behalf, state awards can be presented by: federal bodies state power; Head of the Office of the President of the Russian Federation for State Awards; heads of state authorities of the constituent entities of the Russian Federation; authorized representatives of the President of the Russian Federation, etc.

State awards of the Russian Federation in accordance with the Regulations on State Awards of the Russian Federation are: the title of Hero of the Russian Federation, orders, medals, insignia of the Russian Federation; honorary titles of the Russian Federation.

The title of Hero of the Russian Federation is awarded for services to the state and the people associated with the accomplishment of a heroic deed. For the purpose of distinguishing citizens awarded this title, a sign of special distinction has been established - the Gold Star medal.

In order to encourage citizens for high professional excellence and perennial conscientious work By Decree of the President of the Russian Federation of December 30, 1995 "On the establishment of honorary titles of the Russian Federation, the approval of regulations on honorary titles and the description of the badge for honorary titles of the Russian Federation", more than 50 honorary titles were introduced, among them: "People's Artist of the Russian Federation", " People's Artist of the Russian Federation", "Honored Agronomist of the Russian Federation", "Honored Architect of the Russian Federation", "Honored Test Pilot of the Russian Federation", "Honored Lawyer of the Russian Federation". Honorary titles are awarded to highly professional employees for their personal merits. To receive an honorary title, you must have worked in the relevant industry for at least 10 or 15 years.

The federal law "On Veterans" establishes the title "Veteran of Labour". In accordance with the Regulations on the procedure and conditions for conferring the title "Veteran of Labour", this title is awarded to: required for the appointment of an old-age or superannuation pension; b) persons who started their labor activity at a minor age during the Great Patriotic War and having a work experience of at least 40 years for men and 35 years for women.

Civil servants and other citizens of the Russian Federation, whose work has earned wide recognition due to their personal contribution to the implementation of the social and economic policy of the state, are subject to the award of the Certificate of Honor of the Government of the Russian Federation.

One of the types of encouragement for special labor merits is the award State Prizes in the field of literature and art, science and technology; Prizes of the President of the Russian Federation and Prizes of the Government of the Russian Federation.

The Labor Code of the Russian Federation established the obligation of the employer to enter information on employee incentives and awards in the work book. New Code(Article 66) no longer requires the employer to contribute to work books all information about rewards. Information about state awards, as well as other employee awards for success in work, is entered into his work book without fail.

Previously, the Labor Code of the Russian Federation prohibited the use of incentives during the period of the disciplinary sanction. The Labor Code of the Russian Federation does not contain such a prohibition, therefore, the employer acts in these cases at his own discretion.

Disciplinary responsibility of employees and its types

Disciplinary liability of employees is one of the types of legal liability that is imposed for misconduct.

Disciplinary responsibility is the obligation of the employee to endure adverse consequences, provided for by the norms of labor law, for guilty, unlawful failure to perform or improper performance of their labor duties. Employees who have committed a disciplinary offense may be subject to disciplinary liability. Consequently, the basis of disciplinary liability is always a disciplinary offense committed by a particular employee.

In accordance with Art. 192 of the Labor Code of the Russian Federation, disciplinary offense failure to perform or improper performance by the employee due to his fault of the labor duties assigned to him is recognized.

A disciplinary offense, like any other offense, has a set of features: subject, subjective side, object, objective side. The subject of a disciplinary offense can only be a citizen who is a member of the labor relations with a specific employer and violating labor discipline. The subjective side of a disciplinary offense is the fault on the part of the employee. It expresses the mental attitude of the violator of labor discipline to his illegal action. Guilt can be in the form of both direct or indirect intent, and in the form of negligence. The object of a disciplinary offense is the internal labor schedule. The objective side of a disciplinary offense is the harmful consequences and the causal relationship between them and the action (inaction) of the offender. At the same time, the action (inaction) of the employee is unlawful if it violates the employee's labor duties. Therefore, the employee's refusal to comply with the employer's order, which is contrary to the law, cannot be considered a violation of labor duties.

A disciplinary offense is characterized, firstly, by the employee’s failure to fulfill his labor duties provided for by the current labor legislation, internal labor regulations, charters and regulations on discipline, technical rules, official positions and instructions, as well as arising from the employment contract concluded by the employee with a particular organization. Such violations include the refusal or evasion, without good reason, of a medical examination of workers in certain professions, as well as the refusal of an employee to undergo special training during working hours and pass exams on safety and operating rules, if this is a prerequisite for admission to work.

Secondly, a disciplinary offense is distinguished by an unlawful nature, i.e. such behavior of an employee that violates the law. The actions of an employee that do not go beyond the law cannot be considered illegal. For example, it is not a disciplinary offense for a woman who has a child under the age of 3 to refuse overtime, since she can be involved in such work only with her consent (Article 99 of the Labor Code of the Russian Federation). Moreover, arbitrage practice considers it lawful for the employee to disobey the orders of the head of the organization that violate the requirements of the law.

Thirdly, a disciplinary offense is always a guilty action (intentional or careless). Failure to perform labor duties through no fault of the employee (for example, due to an unequipped workplace, failure to ensure the protection of the employer's property) cannot be considered a disciplinary offense.

The current labor law provides two kinds disciplinary responsibility of employees: general and special.

The first kind - general disciplinary responsibility, which is provided for by the Labor Code and internal labor regulations. It applies to all employees, except for those for whom special disciplinary liability is provided.

For violation of labor discipline, the employer has the right to apply the following disciplinary action: 1) remark; 2) reprimand; 3) dismissal on appropriate grounds (Article 192 of the Labor Code of the Russian Federation). It should be noted that earlier the Labor Code of the Russian Federation also provided for such a penalty as a severe reprimand.

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. What specific measure of disciplinary action to apply to the employee is the right of the employer himself. At the same time, the list of disciplinary measures that can be applied to the violator of labor discipline is exhaustive. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

The second kind - special disciplinary responsibility installed for narrow circle employees: judges, prosecutors, investigators, civil servants, employees of a number of industries that fall under the statutes and regulations on discipline. In accordance with Art. 192 of the Labor Code of the Russian Federation, federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions (other than those indicated above).

Special disciplinary responsibility differs from the general one in the following ways: 1) the circle of persons falling under its action; 2) disciplinary measures; 3) the circle of persons and bodies entitled to apply penalties; 4) according to the procedure for applying and appealing penalties.

One of the types of special disciplinary liability is liability under the charters and regulations on discipline. It applies mainly to employees of the relevant sector of the national economy, who perform the main, core work in it, as well as to employees of the central office. Charters (regulations) not only define the circle of these persons, but also indicate officials empowered to impose disciplinary action.

Employees bearing disciplinary responsibility under the charters (regulations) on discipline, along with general penalties, may also be subject to penalties provided for in the relevant charter (regulation). For example, the Charter on the Discipline of Maritime Transport Workers, approved by the Decree of the Government of the Russian Federation of May 23, 2000, introduced such a disciplinary sanction as a warning about incomplete official compliance, which is applied in cases of: a) systematic failure to fulfill official duties and orders of the head; b) repeated commission of disciplinary offenses; c) violations of laws and other regulatory legal acts on the issues of ensuring the safety of navigation, the safety of property at sea, the prevention of situations that threaten human life and health, the protection and preservation of the marine environment.

The Charter on the Discipline of Fishing Fleet Workers of the Russian Federation, approved by the Decree of the Government of the Russian Federation of September 21, 2000, provides for the withdrawal of diplomas from captains and officers of the fishing fleet for a period of up to 3 years with the consent of the employee to another job for the same the term, taking into account the profession (specialty), for violation of labor discipline, which created a threat to the safety of navigation, life and health of people at sea, pollution environment, as well as for gross violation fishing rules.

On the basis of special provisions, disciplinary responsibility is also borne by executives elected, approved or appointed to positions by the highest bodies of state power and administration of the Russian Federation and the republics within the Russian Federation. Federal Law of the Russian Federation "On the Basics public service Russian Federation" dated July 31, 1995 established special disciplinary responsibility for civil servants. Features of this responsibility are additional measures disciplinary action. A measure has been introduced, such as a warning about incomplete service compliance (clause 4, article 14). Dismissal may take place for the disclosure of information constituting a state or other secret protected by law (clause 4, part 2, article 25). Such a measure as the temporary suspension (but not more than for 1 month) of those who committed a disciplinary offense from the performance of official duties with the preservation of a monetary allowance until the issue of his disciplinary responsibility is also applied to civil servants, etc.

On the basis of special provisions, judges, prosecutors, their deputies, assistants, and investigators also bear disciplinary responsibility. The federal law "On the Prosecutor's Office of the Russian Federation" dated January 17, 1992 provides for such measures of special responsibility as demotion in class rank; warning of incomplete service compliance; deprivation of the badge " Honorary Worker Prosecutor's Office of the Russian Federation"; deprivation of the badge "For irreproachable service in the Prosecutor's Office of the Russian Federation" (clause 1, article 41.7).

The procedure for the application and removal of disciplinary sanctions is determined by Art. 193, 194 of the Labor Code of the Russian Federation.

Before applying a disciplinary sanction, the employer must request from the employee an explanation of writing. If the employee refuses to give the specified explanation, an appropriate act is drawn up.

The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction.

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 (in the case when this is provided for by the Code). 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 receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), an appropriate act is drawn up.

A disciplinary sanction may be appealed by the employee to the state labor inspectorate or bodies for the consideration of individual labor disputes.

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 a disciplinary sanction. Therefore, disciplinary measures, unlike incentive measures, are never entered into the work book (with the exception of such a type of disciplinary sanction as dismissal).

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 own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

Bringing to disciplinary responsibility the head of the organization, his deputies at the request of the representative body of employees. The Labor Code (Article 195) provided for the possibility of bringing to disciplinary responsibility such a special category of employees as the head of the organization and his deputies. The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of employees.

If the facts of violations are confirmed, the employer is obliged to apply a disciplinary sanction to the head of the organization, his deputies, up to and including dismissal.

30. Protection of the labor rights of workers. ILO conventions emphasize that the most vulnerable side of labor relations is the worker. Therefore, they need state protection from the arbitrariness of the employer (owner). Different states have different levels of such protection.

In Russia, during the years of Soviet power, workers got used to being protected by the working people's state, starting with the creation of labor legislation, the Code, which provided for such protection.

The Labor Code adopted the tradition of the Labor Code for the protection of the labor rights of workers and even singled out section XIII specifically, entitled “Protection of the labor rights of workers. Resolution of labor disputes. Responsibility for violation of labor legislation”.

The very first article of this section (Article 352) indicates the main three ways to protect the labor rights of workers and their legitimate interests, state supervision and control over compliance with labor laws, protection of labor rights of workers by trade unions and self-defense by workers of labor rights (self-defense in Article 379 of the Labor Code means only the refusal of an employee to continue work that directly threatens his life and health). At the same time, such a form as the initiative of employees to apply to jurisdictional bodies for the resolution of individual and collective labor disputes should also be attributed to self-defense. These three main methods are discussed in the topic of labor disputes.

The concept of protecting the labor rights of workers must be distinguished in its broad and narrow aspects.

The protection of the labor rights of workers in the narrow sense of the word is the enforcement of labor rights, protection, saving them from violations, including their prevention, the real restoration of illegally violated rights and the establishment by labor legislation and the actions of relevant bodies of real effective responsibility of employers and their representatives ( administration) for violation of labor legislation, its failure to comply, i.e. for violation of the labor rights of employees. In this narrow sense, such protection is defined by the volume of section XIII of the Labor Code.

In a broad sense, the protection of the labor rights of workers should be understood as the implementation of the protective function of labor law, which in turn reflects the protective function of the state. Therefore, the protection of the labor rights of workers in the broad sense includes protection in the narrow sense, but with its components it also has the following most important ways to protect these rights:

1) the establishment already at the federal level by the Code and other labor legislation of a high level of working conditions, guarantees of the basic labor rights of workers, which are supplemented, increased, developed by regional labor legislation and in a contractual manner by collective agreements, agreements, labor contracts;

2) the continued development of industrial democracy, both direct and representative (through trade unions and other representatives of workers), so that the workers themselves participate both in determining the Rules of the internal labor regulations and in establishing the obligation to conclude collective agreements in the organization, without giving all this to the decision only the employer

3) widespread promotion of labor legislation by all means through the media, lectures, etc. among workers, as well as training in the basics of its employers and their representatives (administration) using the practice of showing effective ways protection from labor offenses, training workers to culturally fight for their labor rights.

The labor rights of employees are also called upon to protect all jurisdictional bodies considering labor disputes, including their judicial protection.

An important element in the creation necessary conditions that ensure normal productive work in a team is not only good organization production process and working conditions, material and living conditions of employees, the amount of wages and the timeliness of its payment, but also the regulatory consolidation by the employer of a system of incentives and punishments, the procedure for their application to employees.

Among the measures to ensure labor discipline, an important place is occupied by the encouragement of employees. Conscientious work must be marked by the employer. If well-performing and unscrupulous workers are in an equal position, then the incentive for successful work is sharply reduced.

Encouragement is a public recognition of the results of the work of employees.

The use of incentive measures is one of the manifestations of the disciplinary power of the employer. The choice of specific incentive measures, the provision of various benefits and benefits is the right of the employer, although in modern market conditions it largely depends on its financial capabilities.

Undoubtedly, encouragement plays a peculiar role of a “perpetual motion machine”. Recognition of the labor merits of the best employees increases the satisfaction with the work of the most encouraged and has an impact on other members of the team, stimulating the latter to improve the results of their work. Moreover, in the legislation, encouragement is understood only as a form of public recognition of the successes achieved, 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 an appropriate order) and rendering him public honor.

Therefore, incentives for work are the most important means of ensuring labor discipline.

The nature of incentives can be divided into material and moral.

The incentive, which has a moral character, has a positive ethical impact on the employee and brings him moral satisfaction. In turn, material incentives always have a monetary value and, along with moral satisfaction, allow the employee to receive additional material income.

At the moment, leaders of organizations do not attach much importance to the moral types of rewards. There are significant reasons for this. Such types moral encouragement, as a letter of acknowledgment, announcing gratitude, entering the Book of Honor and the Board of Honor, according to the author of the article, have largely discredited themselves in past years, when this was often done for the sake of a “tick”, in droves and without reinforcement by any material incentives.

Taking into account the specifics of today, the employer can develop their own types of moral incentives, which will be very effective in stimulating staff. Representative offices are an example. foreign companies working in Russia, in which, along with a rigid system of disciplinary sanctions, measures of material incentives, there is an extensive system of moral incentives for employees.

One example of moral encouragement is the early removal of a previously imposed disciplinary sanction, as well as inclusion in the reserve for promotion to a higher position.

Article 191 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) provides for the following incentive measures that the employer uses to encourage employees who conscientiously perform labor duties, which can be divided into moral and material measures:

• moral incentives:
• gratitude announcement;
• awarding an honorary diploma;
• presentation to the title "Best in profession";
• financial incentive measures:
• issuance of an award;
• rewarding with a valuable gift.

The list of incentive measures given in the Labor Code of the Russian Federation is not exhaustive. It provides only the main types of incentive measures that are widely used in practice.

The collective agreement, internal labor regulations, as well as charters and discipline regulations may provide for other types of incentives. For example, additional paid holidays, compensation for annual vacation expenses, personal allowances, interest-free loans for the purchase of residential premises can be established, assignment of additional, in addition to those provided for by the Labor Code of the Russian Federation and other regulatory legal acts, honorary titles for employees (for example, “Honored employee of LLC “…”), sending an employee to special conferences, seminars, exhibitions, creating more comfortable working conditions for the employee, and so on.

Thus, the list of incentives can be supplemented depending on the needs and capabilities of a particular employer.

In addition, for special labor services to society and the state, employees can be nominated for state awards. That is, two more types of rewards can be distinguished - for conscientious work and for special labor merits to society and the state.

The first is applied directly by the employer; the second - goes beyond the framework of the labor collective and acquires already socially - national importance Therefore, for special labor merits, employees are awarded by the relevant state authorities and local self-government. For special labor services to society and the state, the President of the Russian Federation awards state awards of the Russian Federation, confers honorary titles (clause "b" of Article 89 of the Constitution of the Russian Federation). The list of honorary titles and Regulations on honorary titles of the Russian Federation were approved by Decree of the President of the Russian Federation dated December 30, 1995 No. 1341 “On the establishment of honorary titles of the Russian Federation, approval of the regulations on honorary titles and description of the badge for honorary titles of the Russian Federation”. The procedure for initiating applications for awarding state awards and presenting employees for awarding a certificate of honor is determined by the Regulations on State Awards of the Russian Federation, approved by Decree of the President of the Russian Federation of March 2, 1994 No. 442 "On State Awards of the Russian Federation" and the Regulations on the Certificate of Honor of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation dated May 31, 1995 No. 547 “On the diploma of the Government of the Russian Federation”.

Representation to the title of the best in the profession is the new kind employee incentives, introduced by the Labor Code of the Russian Federation on February 1, 2002, while at the same time the legislator abolished such incentive measures as “enrollment in the Book of Honor, on the Honor Board”, and nothing was said about “benefits and benefits in the field of socio-cultural and housing - consumer services", "advantage in promotion at work", which were provided to employees who successfully and conscientiously fulfill their labor duties in accordance with the previously valid Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

At the same time, since the list of types of incentives for employees is open, the employer has the right to provide for such types of incentives and benefits in the collective agreement or in the internal labor regulations.

The title of "Best in Profession" is an industry award for special labor merits. As a rule, the assignment of branch, honorary titles is carried out on the recommendation of the employer by the heads of ministries with the participation of the relevant trade union bodies.

One of the varieties of material incentives for employees for conscientious work is rewarding with a valuable gift. marginal cost a valuable gift is not limited by law and is determined by the employer at its discretion based on the personal merits of each employee.

One-time cash bonuses are a common form of material incentives for conscientious work. They should be distinguished from those paid under current wage systems.

Speaking about the subject composition of the use of incentives, they can be divided into individual and collective. Most often, incentives are applied individually. However, at the discretion of the employer, in some cases, incentives may be applied to teams of brigades, sections, departments.

According to the circle of persons to whom incentives apply, general and special types of incentives can be distinguished. General incentive measures are established by labor legislation and apply to any employees, regardless of the field of activity in which they work. Special incentive measures apply to certain categories of employees and are established by special laws, as well as industry regulations and disciplinary charters. For example, Article 55 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” establishes incentives and rewards for civil servants:

"one. For flawless and efficient civil service The following types of incentives and awards apply:

1) announcement of gratitude with the payment of a one-time incentive;

2) awarding an honorary diploma government agency with the payment of a one-time incentive or with the presentation of a valuable gift;

3) other types of encouragement and rewarding of the state body;

4) payment of a one-time incentive in connection with entering the state pension for long service;

5) encouragement of the Government of the Russian Federation;

6) encouragement of the President of the Russian Federation;

7) assignment of honorary titles of the Russian Federation;

8) awarding insignia of the Russian Federation;

9) awarding orders and medals of the Russian Federation”.

So, incentives can be divided into the following types:

• by the nature of the impact on employees (moral and material);
• by subject composition (individual and collective);
• according to their social significance (used directly by the employer and used by the relevant authorities for special labor services to society);

by the circle of persons who are subject to incentives (general, applicable to any employees, and special, applicable to certain categories of employees if they are established by special laws, as well as industry regulations and disciplinary charters).

In accordance with Article 191 of the Labor Code of the Russian Federation, the basis for the application of incentive measures is the conscientious performance by employees of their labor duties. Conscientious is the impeccable performance of labor duties in strict accordance with the requirements for employees provided for in employment contracts, job descriptions, tariff and qualification reference books, instructions and requirements for labor protection and other documents that determine the content of the work function performed, in compliance with the current internal labor regulations.

As practice shows, this general basis is not enough to develop a system for encouraging and rewarding employees. Therefore, managers and personnel departments are striving to develop more specific indicators in relation to the specifics of production conditions and the organization of labor at a particular employer. At this stage, most of the difficulties arise. In the absence of normalizing indicators, the application of incentives to employees is usually very subjective and may ineffectively affect the functioning of the incentive system as a whole. In this regard, the issue of developing normalizing indicators of labor efficiency should be given the closest attention.

It is advisable to form a system of factors that serve as grounds for encouraging employees for different categories of employees in different ways - taking into account the nature of the work performed, the procedure for accounting and standardizing the results of the work of various categories of employees.

For example, it is advisable to define a different approach to the development of an incentive system for employees whose work rationing is based on financial and other indicators for the entire organization as a whole and for those categories of employees who have personal rationing indicators. Employees can be divided into the following categories:

1) The management team is the administration.

2) The management staff of the middle and junior level - the heads of separate divisions, departments, workshops, working groups. For this category of workers, it is expedient to develop standardizing performance indicators depending on the indicators of the structural units they manage.

3) Specialists and technical performers.

4) Workers.

The grounds for the application of incentive measures can be supplemented and specified by the collective agreement or the internal labor regulations in accordance with the assigned management tasks.

In addition, in the statutes and regulations on discipline, the grounds for the application of incentive measures, as a rule, are specified in relation to the specifics of working conditions in specific industries. So, according to Decree No. 621, railway workers are encouraged for:

“Employees are encouraged for the conscientious performance of labor duties, improving the quality of work, increasing labor productivity, innovation, initiative, ensuring the safety of transported goods and luggage, caring for other entrusted property, long-term and flawless work.”

With skillful use, rewards can be more effective tool incentives for employees to conscientious work, rather than penalties.

Encouragement can push, stimulate an unlimited number of people to commit an act approved by society, and the most encouraged person to repeat this act.

The legal status of an employer in accordance with the Labor Code of the Russian Federation includes the right to apply incentive measures. The procedure for applying incentive measures by labor legislation is partially defined, which means that it is largely determined by the employer.

In practice, the incentive is announced in an order or instruction, brought to the attention of the employee and the work collective, and a corresponding entry is made in the employee's work book.

The issued order indicates the motive for the promotion, the type of promotion, the form of the promotion, and in the case of awarding a valuable gift (premium), also its value. The employer is obliged to familiarize the employee with this order against signature. The form of the order (instruction) to encourage the employee was approved by the Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation on the accounting of labor and its payment "(hereinafter referred to as Resolution No. 1) ( unified form No. T-11 and a unified form of a consolidated order on the promotion of employees T-11a).

Note

The cost of a valuable gift is included in the total annual income of the employee. According to paragraph 28 of Article 217 of the Tax Code of the Russian Federation, they are exempt from income tax individuals(personal income tax) income of individuals not exceeding 4,000 rubles received in the form of gifts from organizations or individual entrepreneurs. It must be borne in mind that if the value of the gift exceeds 4,000 rubles, the excess amount is subject to personal income tax.

The basis for issuing an order (instruction) on promotion is a submission submitted for consideration to the head of the organization by the immediate supervisor of the employee or the personnel department of the organization. Since the procedure for submitting to promotion is not regulated by law, each organization uses its own.

In practice, the question often arises: does the employer have the right to apply incentive measures to the person represented during the term of the disciplinary sanction in relation to the same employee. The current Labor Code of the Russian Federation does not contain a rule prohibiting encouraging an employee who has a disciplinary sanction during the period of the sanction. Therefore, the decision on the possibility of encouraging such employees depends on the discretion of the employer.

Information about incentives is entered in the work book in accordance with part 4 of article 66 of the Labor Code of the Russian Federation. The basis for making an entry in the work book is the corresponding order (instruction) of the head (clause 10 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 (hereinafter referred to as the Rules for maintaining and storing work books).

According to paragraph 24 of the Rules for maintaining and storing work books, the following information about the award (encouragement) for labor merits is entered in the work book:

a) on the awarding of state awards, including the assignment of state honorary titles, on the basis of relevant decrees and other decisions;

b) on awarding certificates of honor, awarding titles and awarding badges, badges, diplomas, certificates of honor, produced by organizations;

c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations of the organization, charters and regulations on discipline.

Clause 10 of the Rules for maintaining and storing work books establishes a weekly period, no later than which the employer is obliged to make appropriate entries in work books.

The procedure for entering information about the award in the work book in accordance with the Instructions for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69 "On approval of the instructions for filling out work books", is as follows:

“in column 3 of the section “Information on the award” of the work book, the full name of the organization, as well as the abbreviated name of the organization (if any) are indicated in the form of a heading; below in column 1 is the serial number of the entry (numbering that increases throughout the entire period of the employee's labor activity); column 2 indicates the date of the award; column 3 records who awarded the employee, for what achievements and what award; column 4 indicates the name of the document on the basis of which the entry was made, with reference to its date and number.

Without fail, information about incentives is also entered in the employee's personal card, in section VII "Awards (incentives), honorary titles" (unified form No. T-2, approved by Resolution No. 1).

Note!

No entries are made in the work book about bonuses that are not an incentive for the employee, but are integral part his earnings, i.e. provided for by the remuneration system or paid on a regular basis (clause 25 of the Rules for maintaining and storing work books). If the employee received the so-called "personal" bonus for a specific personal contribution to the work, then information about it should be entered in his work book.

Note.

Attention is drawn to the discrepancy between the wording of Articles 66 and 191 of the Labor Code of the Russian Federation. Article 66 of the Labor Code of the Russian Federation requires that information on awards for success in work be entered in the work book, and no entries are provided for other types of incentives. The aforementioned discrepancy between the concepts of “reward” and “encouragement” makes it difficult to apply the norms of labor legislation in the practice of issuing work books.

In this regard, two opposing points of view have arisen:

1. According to Article 66 of the Labor Code of the Russian Federation, the employer is not obliged to enter information about all employee incentives in the work book, but only information about his awards.

2. A broader interpretation of the term "encouragement" suggests that those incentives that are not essentially rewards, but also characterize the employee from a positive side, should be reflected in the work book in his interests.

Thus, the employee has the right to insist on making an appropriate entry in the work book about any of the types of incentives applied to him, if it has not been made.

In general, the documentation of the promotion procedure includes:

• drawing up by the head of the structural unit in which the employee works, or by the head personnel service submissions of incentives addressed to the head of the organization, indicating the type of incentive in accordance with the Internal Labor Regulations or other local regulations;
• publication of an order (instruction) on encouragement (unified form No. T-11, T-11a) and its solemn announcement;
• making the necessary entry in the personal card (unified form No. T-2) on the promotion of the employee;
• making an appropriate entry in the work book of the employee.

An example of documenting the application of incentives for work.

Director of Prima LLC

Derzhavin K.K.

Presentation on the promotion of Ivanov M.M., sales manager

Ivanov M.M., born in 1955, manager of the sales department, has ten years of continuous experience at Prima LLC. During this period of work, he always conscientiously fulfilled his labor duties and he was repeatedly thanked.

For the conscientious performance of labor duties, long and impeccable work, and also in connection with the anniversary date - his fiftieth birthday, I present to the encouragement of Ivanov M.M. I propose to encourage Ivanov M.M. in the form of a certificate of honor and a valuable gift.

Head of Sales Department ___________ /Vasiliev I.I./

Position, personal signature, full name.

(name of company)

(order)
on employee incentives

For conscientious performance of labor duties, long-term and

award a certificate of honor and a valuable gift

(type of encouragement (gratitude, valuable gift, bonus, etc. - specify))
	One thousand
	(in words)

(in numbers)

Reason: presentation of the head of the sales department Vasiliev I.I.

Head of the organization

director

Derzhavin K.K.

(position)

(personal signature)

(full name)

The employee is familiar with the order (instruction)

(personal signature)

A sample of entering information about the award in the work book.

record number				Information about the award (encouragement)	Name, date and number of the document on the basis of which the entry was made
				Prima Limited Liability Company OOO "Prima"
				He was awarded by the director for conscientious performance of labor duties, long-term and impeccable work, and also in connection with the anniversary - fifty years since the birth of a certificate of honor and a valuable gift	Order No. 8 of December 10, 2005

Sample entry in the employee's personal card.

VII. AWARDS (INCENTMENTS), HONORARY TITLES

End of example.

Note!

legislator in new edition The Labor Code of the Russian Federation extends the general norms of labor legislation to all business entities - both legal entities and individuals. It can be stated that the fourteen-year infringement of the rights of individual entrepreneurs as employers and, most importantly, the employees hired by them, has finally been stopped. Employer - individual entrepreneur now, in addition to concluding employment contracts, he is obliged to keep work books for all his employees, and also as an employer - entity(organization) to document personnel issues, including in the field of labor discipline.

The right to apply incentive measures belongs entirely to the employer and does not require, as was the case before, agreement with the relevant elected trade union body. In addition, the simultaneous application of several incentive measures is allowed. As a rule, in practice, this is a combination of moral and material measures (for example, announcing gratitude and issuing a cash bonus).

At the same time, the use of incentive measures can be quite subjective, since it is always associated with an assessment of the behavior of employees in the labor process. However, if there is a local normative act that regulates the evaluation criteria, the grounds for incentives, the procedure for applying incentives, then the entire procedure associated with the application of incentives is within the "legal field". As they say, the law is harsh, but it is the law. When the rule prescribed in the local regulatory act applies to an indefinite number of persons, then the employer, in addition to the rights, also has the obligation to apply incentive measures in the event of the occurrence of certain circumstances (implementation of the plan by the employee, department, organization as a whole, achievement of certain economic success and etc).

The norms that govern the entire procedure for applying incentives for conscientious work can be documented in the Internal Labor Regulations, but it is more expedient to do this in a special local regulatory act - the Regulation on Encouragement of Employees.

One of the important factors for the successful work of employees and, in general, for the growth of economic indicators is a rational system of employee incentives.

The development of a reward system is inextricably linked with the general system of personnel motivation that operates in this employer, and is largely specific to each company. It is determined by the profile of economic activity, the existing structural and industrial relations, and management tasks. Leaves its mark on the system of employee incentives economic situation and financial basis of the company.

Regardless of these features, it is still possible to recommend general approaches to the development of a reward system.

When developing a system of rewards for work, it is necessary to take into account the following provisions:

1) the basis for rewarding for success in work should be specific indicators that employees achieve in the performance of their immediate job duties and which most fully characterize labor participation each employee in solving common problems; it is advisable to form a system of indicators, factors that serve as grounds for encouraging employees, taking into account the nature of the work performed, the procedure for accounting and standardizing the results of the work of various categories of employees (managers, specialists, technical performers, workers);

2) the employee must be sure that when the established results are achieved, he will definitely be rewarded;

3) incentives for work should be envy of the significance of labor achievements, that is, for higher performance, more significant incentives should be established accordingly;

4) motivate each employee to continuously improve their performance;

5) the incentive system should be open, transparent and understandable for employees;

6) the timeliness of the application of incentive measures should be taken into account.

The provision on encouragement can be a document with varying degrees of detail.

For organizations with established economic indicators, a common system of intra-corporate relations, a well-established system of standardization of labor efficiency indicators, both structural units and employees holding individual positions, a position with the maximum degree of detail can be recommended.

For small, dynamically developing companies in which the development of intra-corporate relations and the overall system of functioning of the organization are at the stage of formation, it may be more useful to have a local regulation with a lesser degree of detail, which reflects only the most general principles employee incentives.

Regardless of the level of detail in the document defining the principles of the incentive system, it is advisable that it contain the following basic information:

1) Principles of formation of the reward system.

2) Specific indicators of the application of incentive measures.

3) Forms and measures (types) of encouragement.

4) The procedure for presenting employees for promotion.

5) Competence of management for the application of incentive measures.

6) Legal basis for the application of incentive measures (order of the head of the organization, order of another official).

7) The procedure for conducting promotional activities.

8) Other information regarding the incentive system.

In the application of the incentive system, an important place is occupied by the mechanism for introducing employees to incentives.

For example, in the provision on incentives in force in an organization, the rights of managers at various levels to apply each type of incentive should be divided.

So, it seems quite logical that the head of a structural unit (department, workshop, and so on) uses incentive measures that are not associated with serious material costs of the organization, for example, announcing gratitude, speaking to the head of the organization with the initiative to early remove the previously imposed penalty from the employee, payment bonuses (one-time bonuses) in small amounts to the best employee of the department and others.

The head of the organization may have broader powers to apply incentive measures to employees. He ultimately decides on the amount of funds allocated to encourage employees. His powers can extend both to the use of incentives that are of an individual one-time nature (in relation to a specific employee), and to incentives in relation to a specific group of employees (workers of a workshop, teams, and so on) or the labor collective as a whole.

• Motivation, Incentives, Remuneration, KPI, Benefits and Compensation

Labor discipline

The order of people's behavior that meets the norms of law and morality that has developed in society, in a broad sense, is denoted by the concept - "discipline".

In relation to the worldly sense, the category of "labor discipline" is recognized as - strict observance of order in production; labor discipline provides for timely arrival at work, compliance with the established length of the working day, rational use of time for the most productive (fruitful) work, and precise execution of orders from the administration.

Speaking about the state regulation of labor relations, the legislator indicates a special definition and content of the concept of "labor discipline" used in labor legislation.

Labor discipline is obligatory obedience for employees to the rules of conduct that are defined by the Labor Code of the Russian Federation, other laws, collective agreements, agreements, internal labor regulations, and other local regulations in force in the organization (Article 189 of the Labor Code of the Russian Federation).

To observe labor discipline is the duty of the employee (Part 2 of Article 21 of the Labor Code of the Russian Federation), in our understanding, includes such duties as observing the established working hours, following the instructions of the administration. And the creation of conditions necessary for employees to observe labor discipline is the responsibility of the employer. At the same time, the employer must be guided by the requirements and provisions of the Labor Code of the Russian Federation, laws, other regulatory legal acts, a collective agreement, agreements, local regulations containing labor law norms, an employment contract (Part 2 of Article 189 of the Labor Code of the Russian Federation).

Protection of the rights and interests of employees is the primary task of labor legislation (Article 1 of the Labor Code of the Russian Federation). The protection of the rights of employees is ensured by the statutory obligation of the employer to comply with labor and labor protection legislation.

Employees are obliged to work honestly and conscientiously, observe labor discipline, follow the employer's orders in a timely and accurate manner, increase labor productivity, improve product quality, comply with technological discipline, labor protection, safety and industrial sanitation requirements, take care of property and the like.

The employer is obliged to properly organize the work of employees and pay them, create conditions for the growth of labor productivity, comply with labor legislation, be attentive to the needs and requests of employees, improve their working and living conditions, and the like.

Responsibilities for ensuring safe conditions and labor protection in the organization are assigned to the employer (Article 212 of the Labor Code of the Russian Federation).

The main duties of employees and employers set out in the Labor Code of the Russian Federation are detailed and concretized, taking into account the characteristics of work, in the Internal Labor Regulations, charters and discipline regulations, in various instructions, in technical rules.

The legislator prescribes, in order to establish the labor schedule of the organization, the provisions developed and formulated in accordance with the rules of law, to be fixed in the internal labor regulations of the organization.

The internal labor regulations of the organization (hereinafter referred to as the Labor Regulations) - as a document called by the legislator "local normative act", is intended to regulate in accordance with the Labor Code of the Russian Federation and other federal laws "the procedure for hiring and dismissing employees, basic rights, obligations and parties employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations in the organization ”(parts 3 and 4 of article 189 of the Labor Code of the Russian Federation).

Note.

Determining the general provisions of the procedure for approving the Labor Regulations (Article 190 of the Labor Code of the Russian Federation), the legislator, according to the authors, suggests two possible options for resolving this issue.

1. The employer, taking into account the opinion of the body of employees of the organization, but independently develops and approves the Labor Regulations.

The procedure for communication between the employer and the representative body of employees (trade union body) when adopting the Labor Regulations is governed by the provisions of Article 372 of the Labor Code of the Russian Federation:

The employer, in order to put the Internal Regulations into effect, sends a draft document to the trade union body representing the interests of all or the majority of employees of this organization;

Within 5 days, the trade union body must familiarize itself with the draft, discuss, evaluate the content of the submitted draft Rules, and send a written response to the employer - a reasoned opinion on the draft;

If the opinion of the employer does not coincide with the opinion of the trade union body, the employer may agree with the objections and adopt the Rules, taking into account the proposals of the body, or, as the legislator obliges, “to conduct additional consultations with the elected trade union body of workers within three days after receiving a reasoned opinion”;

If after that a “mutually acceptable solution” is not reached, the disagreements are drawn up in a protocol, after which the employer has the right to adopt his own version of the Labor Regulations.

Note.

However, the Labor Code of the Russian Federation allows that a document adopted in this way can be appealed to the appropriate state labor inspectorate or to the court. In addition, the trade union body has the right to initiate the procedure of a collective labor dispute.

Upon receipt of a complaint (application) from an elected trade union body, the State Labor Inspectorate is obliged, within one month from the date of receipt of the complaint (application), to conduct an inspection and in case of detection labor law violations issue an order to the employer to cancel his version of the Labor Regulations. The order is binding.

2. Allowing the possibility of recognizing the Labor Regulations as an annex to the collective agreement (Part 2 of Article 190 of the Labor Code of the Russian Federation), the legislator, apparently, intends to include in the Labor Regulations such provisions, requirements and conditions on which the consent of the subjects of labor relations has been reached, in including subjects of the collective agreement.

If it is necessary to change or supplement the Labor Regulations, the procedure provided for concluding a collective agreement (Articles 42 and 44 of the Labor Code of the Russian Federation) is carried out.

Note.

For the status of a collective agreement in the regulation of labor relations, see Articles 40 and 43 of the Labor Code of the Russian Federation.

In the incentive system operating in the organization, an important place is occupied by the mechanism for presenting employees to incentives.

In the provision on encouragement, it is necessary to separate the rights of managers at various levels in the application of each type of encouragement.

So, it seems quite logical that the head of a structural unit (department, workshop, and so on) uses incentive measures that are not associated with serious material costs for the organization, for example, announcing gratitude, early withdrawal of a previously imposed penalty, payment of bonuses (one-time bonuses) in small amounts to the best department employee and others.

The head of the organization may have broader powers to apply incentive measures to employees. The incentive system is more effective if his powers extend only to the use of incentives that are of an individual one-time nature (in relation to a specific employee). At the same time, the bonus mechanism for the bulk of employees is carried out in accordance with the rules in force in the organization, which are documented.

The system of incentives in the organization is effective only if the employees of the organization are aware of the principles of its functioning, understand it. Their belief in the fairness of this system is also of great importance.

In general, the grounds for applying incentive measures to employees can be:

exemplary performance of labor duties;

increase in labor productivity;

Improving the quality of products;

· cost savings for the organization;

Long-term and flawless work in the organization;

timely and conscientious performance by employees of their duties;

· innovation in work;

· other achievements in work.

As practice shows, these general grounds are not enough to develop a bonus system in an organization. Therefore, the leaders of organizations and services are striving to develop more specific indicators. At this stage, most of the difficulties arise. In the absence of normalizing indicators, the application of incentives to employees is usually very subjective and may ineffectively affect the functioning of the incentive system in the organization as a whole. In this regard, the issue of developing normative indicators of labor efficiency in the organization should be given the closest attention.

It is advisable to form a system of factors that serve as the basis for different categories of employees in different ways - taking into account the nature of the work performed, the procedure for accounting and standardizing the results of the work of various categories of employees.

For example, it is advisable to define a different approach to the development of bonus systems for employees whose labor rationing is based on other indicators for the entire organization as a whole and for those categories of employees who have personal rationing indicators. Employees can be roughly divided into three categories:

1) The management of the organization - the administration of the organization;

2) The management staff of the middle and junior level - the heads of separate divisions, departments, workshops, working groups. For this category of workers, it is expedient to develop normative work depending on the indicators of the structural units they manage.

The provision on encouragement is included in the system of local regulations of the organization. The legislation does not regulate the procedure for the entry into force of this regulatory document. Therefore, the organization (governing bodies) can independently determine the procedure for approving this document, taking into account the general system for the development and adoption of local regulations in this organization.

In accordance with labor legislation, labor discipline is also achieved using the method of coercion. In necessary cases, violators can be brought to disciplinary responsibility, that is, when disciplinary measures are applied to them - disciplinary sanctions.

In Article 192 of the Labor Code of the Russian Federation, the legislator indicates the general definition and content of the concept of "disciplinary offense" used in labor legislation.

According to the meaning of the definition, it is possible to list the main signs of a disciplinary offense allocated by the Labor Code of the Russian Federation:

Actions or inaction of the employee, which are defined in the law as non-performance or improper performance of labor duties;

The presence of guilt is a mandatory sign of a disciplinary offense (responsibility comes only for guilty actions, inaction);

The presence of signs of a disciplinary violation of the employee's labor duties;

The possibility of imposing a disciplinary sanction on an employee for committing a disciplinary violation.

Disciplinary responsibility is usually divided into general and special. All employees may be held liable for general disciplinary liability for violations of internal labor regulations. General disciplinary responsibility involves the application of a disciplinary sanction to the violator of labor discipline, provided for in Article 192 of the Labor Code of the Russian Federation:

1) remark;

2) reprimand;

3) dismissal on appropriate grounds.

Special disciplinary responsibility is borne by employees who are subject to the charters and regulations on discipline. These regulatory legal acts provide for more stringent penalties. Such employees include, for example:

prosecutors;

Civil servants;

Railway workers;

Employees of organizations with especially dangerous production in the field of atomic energy use;

The established procedure for applying disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation) serves as guarantees for protecting the interests of employees from unreasonable disciplinary liability.

Note.

When applying the norms of Article 193 of the Labor Code of the Russian Federation, it is necessary to take into account the presence of the following conditions:

Whether in reality there was a violation committed by the employee, which served as a reason for dismissal, and could be the basis for terminating the employment contract,

Are the deadlines for applying a disciplinary sanction provided for by the same article of the Labor Code of the Russian Federation observed?

Only one disciplinary sanction is imposed per misdemeanor.

In some cases, when the violation of labor discipline by an employee is not obvious, in order to clarify the circumstances and obtain reliable data, an administrative investigation (inspection) is appointed and conducted.

During the audit, information related to the misconduct is publicly collected and documented, including the following:

Purposes and motives for committing an offense;

The presence of guilt in the actions or inaction of specific employees and the degree of guilt of each in the event of a misconduct committed by several employees;

Circumstances affecting the degree and nature of the responsibility of the guilty employee;

Personal and business qualities of the employee, his previous behavior;

Reasons and conditions that contributed to the misconduct;

The nature and amount of damage caused by the employee who committed the misconduct.

The employer issues an order to conduct an inspection, in which it determines the timing of the inspection, the person (or persons) entrusted with conducting it, the deadline for submitting the materials of the inspection and the conclusion on its results.

Employees for the period of the inspection may be temporarily suspended from the performance of their duties.

The employee, in turn, has the right:

Give written explanations outlining your opinion about the misconduct committed, state evidence on the merits of your explanation;

Demand that documents and materials submitted by him be attached to the verification materials;

Submit an application for the removal of the employee from the inspection, with specific arguments explaining the removal;

In case of establishing violations in his actions at the end of the inspection, get acquainted with its materials and the conclusion on the results of the inspection, which is certified by the signature of the employee in respect of whom the inspection was carried out, on the conclusion on the results of the inspection. In case of refusal to familiarize with the conclusion or to sign, an act is drawn up.

Upon completion of the audit, a conclusion is drawn up, which is presented to the head. Based on the results of the investigation, an order is issued to bring the employee to disciplinary liability.

Any actions of an employee that comply with laws and other regulatory legal acts cannot be qualified as a disciplinary offense. An employee cannot be disciplined for refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements, except as provided by law, until such danger is eliminated or from performing heavy work and work with harmful and (or) dangerous working conditions not stipulated by the employment contract. This follows from paragraph 19 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”. In addition, on the basis of paragraph 37 of the Resolution, it can be concluded that the employee’s refusal to comply with the employer’s order to leave this employee to work before the end of the vacation cannot be qualified as a violation of labor discipline. This decision is justified by the fact that the law does not provide for the employer's right to prematurely recall an employee from vacation without his consent.

Only such unlawful actions or inaction of an employee that are directly related to the performance of his labor duties can be recognized as a disciplinary offense. Paragraph 35 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" to violations of labor discipline, which are disciplinary offenses, include:

Absence of an employee without good reason at work or workplace;

Refusal of an employee without good reason to perform labor duties in connection with a change in the established order of labor standards;

Refusal or evasion without good reason from the examination of workers in certain professions;

An employee's refusal to undergo special training during working hours and pass exams on labor protection, safety precautions and operating rules, if this is a prerequisite for admission to work.

From paragraph 36 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, it follows that an employee’s refusal to take full financial responsibility without good reason should be considered a violation of labor discipline, if the performance of duties for the maintenance of material assets constitutes for the employee his main labor function, which is agreed upon when hiring and, in accordance with the law, an agreement on full liability can be concluded with him.

According to article 193 of the Labor Code of the Russian Federation, only one disciplinary sanction can be applied for each disciplinary offense. However, as follows from paragraph 33 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, if the failure to perform or improper performance of the labor duties assigned to the employee continued through his fault, despite the imposition disciplinary sanction, then it is permissible to apply a new disciplinary sanction to such an employee, including dismissal.

The specific measure of disciplinary action is chosen by the employer. At the same time, he must take into account the severity of the misconduct, as well as the circumstances under which the misconduct was committed, the behavior of the employee preceding this misconduct, and the attitude to work. The employer must provide evidence showing not only that the employee committed a disciplinary offense, but also that all the above circumstances were taken into account when imposing a penalty. When considering a reinstatement case, a claim may be satisfied if the court concludes that the misconduct actually took place, but was carried out without taking into account the above circumstances. Such explanations are given in paragraph 53 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”.

In accordance with Article 193 of the Labor Code of the Russian Federation, the employer must request a written explanation from the employee before applying a disciplinary sanction. If the employee refuses to give the specified explanation, then an appropriate act is drawn up and this is not an obstacle to the application of a disciplinary sanction.

Article 193 of the Labor Code of the Russian Federation establishes the period for applying a disciplinary sanction: no later than one month from the date of discovery of the misconduct. It should be borne in mind that:

The one-month period for imposing a disciplinary sanction must be calculated from the day the misconduct was discovered;

The day when the misconduct is discovered, from which the monthly period begins, is considered the day when the person to whom the employee is subordinate at work (service) became aware of the commission of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions;

The monthly period for the application of a disciplinary sanction does not include the time of an employee's illness, his/her vacation, as well as the time required to comply with the procedure for taking into account the opinion of the representative body of employees. The absence of an employee from work for other reasons, including in connection with the use of days of rest (days off), regardless of their duration (for example, with a rotational method of organizing work), does not interrupt the course of the specified period.

Based on the provisions of Article 193 of the Labor Code of the Russian Federation, a disciplinary sanction cannot be applied later than six months from the date of the misconduct, and only based on the results of an audit, audit of financial and economic activities or an audit - later than two years from the date of its commission. The time of proceedings in a criminal case shall not be included within the specified time limits.

The order to apply a disciplinary sanction is announced to the employee against receipt within three working days from the date of issuance of the order. If the employee refuses to sign the order, then an appropriate act is drawn up.

In more detail with issues related to the organization and documentation of the labor activity of employees (staff), liability for violation of labor laws , You can find in the book of the authors of CJSC "BKR-INTERCOM-AUDIT" "Personnel".