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The concept and legal methods of ensuring labor discipline. The concept and legal methods of ensuring labor discipline The methods of ensuring labor discipline are

Provision methods labor discipline regulated by acts of the Labor Code of the Russian Federation.

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

Some methods are mandatory based on the legislation of the country and the regulations of the organization, others are at the discretion of the head of the organization.

Regulatory features

Labor discipline - obedience to the charter, which establishes the norms of behavior, which must be determined in accordance with the Labor Code of the Russian Federation and other legislative acts and agreements. The employer must take measures to create conditions that will allow employees to meet the existing requirements for discipline.

The set of rules is established in each company separately, depending on the articles of the charter, which must take into account the norms of legislative law and the concluded employment contract.

Internal labor regulations are necessary to summarize all the conditions of discipline. This is a regulation used in a particular organization, which must comply with established laws and regulations. conclude information:

about the order of rest;
about methods of encouragement and punishment;
about responsibilities;
about responsibility;
about the mode of operation;
other matters at the discretion of the employer.

Discipline is necessary for:

introduction of innovative ideas;
improving the quality of work performed;
improve work efficiency;
reduction of injuries and the number of accidents.

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

a complex structure of organization and management, which is why the subordinate has several leaders, each of whom has his own vision for solving the situation;
the evaluation of results is unfair, which does not allow rewarding additional pay to those employees who deserve it and put more effort than others;
minor violations are easily forgiven by management;
there is no concept of self-discipline;
working conditions do not comply with the legislation of the Russian Federation (favorable working conditions are not created).

Each organization has its own rules of procedure. This allows you to regulate the relationship between the parties and favorably affect the quality of the company as a whole.

The concept of methods

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

Popular labor discipline methods that are actively used:

organizational- the employer must provide the employee with all the necessary conditions in which he will not need anything (equipment, materials, equipment, and so on);
psychological- creating a positive working mood in the work team, which reduces the likelihood of interpersonal conflicts to a minimum;
legal– correction of existing rules in accordance with the legislation of the Russian Federation and the rules of the organization.

Strengthening labor discipline

To strengthen labor discipline it is necessary to encourage employees for differences in work and punish for violations of established rules. With the correct use of the rules, leaders can achieve excellent results that will positively affect the organization. At the same time, all methods used should not run counter to the existing legislative acts and established rules of the organization. Otherwise, they will be invalidated.

Ways to encourage

Encouragement is a recognition of the merits and results of the work of an employee, which gives the distinguished person status and reward in any form. Favorably affects not only the one who excelled, but also for other employees, since the rest will also want to receive a reward. The main thing for motivating employees is to correctly determine the methods of encouragement.

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

appointment of the award;
gratitude in writing
awarding an honorary diploma;
transfer of a valuable gift;
representation of rank or status.

Award Order

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

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

Methods of disciplinary action

Disciplinary action is public punishment of an employee who violated the established rules of labor discipline. The legislation allows the use the following types of charges:

comment;
rebuke;
dismissal.

Other types of penalties apply., but only if it is allowed to be used in relation to a certain category of workers. The main condition is that they comply with the law and the rules of the organization's charter.

Examples of Violations:

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

Contrary to the definition of reward, reprimands must be carried out with some nuances. After finding the fact of violation of the disciplinary foundation, require the offender to draw up explanatory note in writing . When the employee refused to make an explanation, the employer entitled to apply penalties I don't have a note. After that, other circumstances become clear.

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

An employee cannot be charged twice for the same violation. Even the use of penalties and various forms if the employee is punished for the same violation.

Regulatory regulation

Labor discipline is based on regulations:

internal rules of the organization;
head and the Labor Code of the Russian Federation;
statutes and regulations of branches of economy.

The internal labor regulations should contain information related to:

hiring and firing employees;
with the rights and obligations of each party;
with the organization of working time;
with the order of accounting of working hours;
with vacation;
with methods of encouragement and recovery in accordance with the charter of the company.

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

As a result of studying the materials of this chapter, the student should:

know

legislation on labor discipline;
concept, meaning, methods of ensuring labor discipline;
measures to encourage employees and the procedure for their application;
kinds disciplinary actions, the procedure for their imposition, appeal and withdrawal;
responsibility of the parties employment relationship for non-compliance with labor discipline;

be able to

Clearly formulate and analyze the content of regulatory legal acts on issues of labor discipline;

own the ability

Apply the acquired knowledge in practical activities when resolving issues of labor discipline.

The concept and meaning of labor discipline. Methods for ensuring labor discipline

Labor discipline - necessary condition and the premise of any joint labor, organized work, which implies obligatory obedience for all employees to the rules of conduct established in labor legislation, in an employment contract.

The definition of the concept of "labor discipline" is enshrined in Art. 189 of the Labor Code of the Russian Federation. Labor discipline- mandatory for all employees to comply with the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other laws, collective agreements, agreements, labor contracts, local regulations of the organization.

Labor discipline and internal labor regulations cannot be considered in isolation from each other. Without ensuring the proper order of work, there is no labor discipline and the very process of collective labor is violated.

The discipline of labor has two sides - objective and subjective.

Under objective side a certain order is understood, without which an employer cannot exist. This procedure is governed by labor law and is formed as a special specific part of the legal order, adapted to the conditions of production and operating within this employer in the form of an internal labor schedule.

subjective side disciplines constitute the fulfillment of duties and the exercise of rights by each participant in an employment relationship. Commitment by an employee of a disciplinary offense, the duty of the violator of labor discipline to incur disciplinary punishment and the exercise of disciplinary authority by the employer also refers to the subjective side of labor discipline.

Consolidation of labor discipline as a legal category is determined by the need: firstly, to maintain law and order in labor relations, since discipline is needed by the employer and each individual employee in order to more successfully achieve production goals; secondly, the education of self-discipline among employees, the natural need for conscientious performance of labor duties; thirdly, the creation of a normal moral and psychological atmosphere in the relationship between the employer and employees, based on deep respect for the employee, on maintaining his honor and dignity, and, finally, mobilizing employees to combat manifestations of mismanagement, bureaucracy, and the "costs" of the employer's economic power. The importance of labor discipline is exceptionally great for highly productive joint work, order in the sphere of production, provision of services, and management of the labor process.

In the Labor Code of the Russian Federation there is no special rule on methods of ensuring labor discipline.

Under method of ensuring labor discipline understood as stipulated by labor legislation ways to ensure it.

To improve the efficiency and quality of an employee's work, the employer can use the following methods to ensure labor discipline: belief, encouragement, disciplinary action.

Using persuasion method, the employer is trying to explain to the employee the need to observe labor and production discipline. Reward Method applies to employees who conscientiously treat their duties.

Guided by Art. 191 of the Labor Code of the Russian Federation, internal labor regulations and other local acts of the organization, the employer encourages employees.

Employees who violated labor or technological discipline may be subject to disciplinary action(Article 192 of the Labor Code of the Russian Federation).

It should be emphasized that the application of incentives and disciplinary sanctions are within the exclusive competence of the employer. Thus, the employer is independent in his actions to ensure labor discipline in the organization. The legitimacy of the establishment by the employer of the labor schedule and the exercise of mastery, including disciplinary power, follow from the definitions of the basic rights and obligations of employers and employees enshrined in the Labor Code of the Russian Federation. So, the authority of the employer is the right: to demand from employees the performance of their labor duties, compliance with the internal labor regulations of the organization; involve workers in disciplinary responsibility; accept local regulations. Accordingly, the duty of employees is to observe labor discipline and internal labor regulations.

from 31/12/2018

For an employee, labor discipline is mandatory. Often the final result of the work, the quality and economic indicators. But this does not mean that the employer himself sets the rules. There are requirements that are binding on the parties, which constitute the rules of labor discipline.

Labor discipline is the observance by the employee of the obligatory rules of conduct determined by Labor Code, additional agreements, a collective agreement and other regulations, and the creation by the employer of appropriate conditions.

Obligations of employees and labor discipline

The general duties of employees are determined by the Labor Code and include:

performance of assigned duties
compliance with internal labor regulations
compliance with labor protection requirements
careful attitude of the employee to the property of employees and the enterprise

In addition, each employee must perform quality and conscientiously professional duties determined by the contract, regulations and job descriptions.

Labor obligations are fixed in the employment contract, additional agreements to him. As well as the rules of the internal labor schedule, the collective labor agreement, the provision on bonuses to employees. It is possible to require an employee to comply with labor discipline and fulfill the assigned duties only if the employee is familiar with the relevant document against signature.

Obligations of employers aimed at ensuring labor discipline

The employer also has a certain range of duties to ensure labor discipline:

creating conditions for the employee to perform job duties
ensuring labor protection
supply necessary equipment and tools
provision of equal opportunities for remuneration of employees
full and timely payment
promotion for conscientious performance work obligations and punishment for their violation
mandatory social insurance for all employees
compensation for damage caused by the employee in the performance of duties

One of the mandatory local acts is the Internal Labor Regulations. They are approved by the employer, but the provisions of the Rules should not contradict mandatory requirements and rules.

Encouragement as a method of ensuring labor discipline

Labor legislation defines two main methods of ensuring discipline: encouragement and punishment.

Encouragement - public recognition of the professional merits of the employee, the provision of public honor, rewarding. This method can be applied both to an individual employee and to the work team as a whole.

For conscientious performance of duties, the Labor Code of the Russian Federation provides for the following types of incentives:

bonuses
thanksgiving announcement
awarding an honorary diploma
rewarding with a valuable gift
presentation to the title of the best in the profession

Other types of incentives may be provided for by the internal regulations, collective agreements, charters of enterprises and other normative acts.

For special labor services to the state, an employee may be presented for a state award. An entry is made in the work book about employee incentives.

Violation of labor discipline

An employee often encounters violations of their labor rights, mainly in organizations of non-state ownership. The most common of these are: the use of unauthorized penalties, illegal dismissals employees, non-payment or partial payment of wages, payment of amounts to employees that do not correspond to accounting documents, non-provision of regular vacations or provision without payment, non-payment of temporary disability benefits, and so on.

An example of such a violation is the arbitrary imposition of penalties by the employer on the employee at a time when the company's regulations do not provide for such an impact.

Responsibility for violation of labor discipline

Violators are brought to disciplinary responsibility through disciplinary action. The basis for such involvement is the misconduct of the employee.

A disciplinary offense is an unlawful intentional or unintentional failure to perform or improper performance of duties by an employee.

According to the Labor Code of the Russian Federation, these include:

comment
rebuke
dismissal

Such a list is exhaustive and is not subject to additions to the internal regulations or, with the exception of a certain category of employees who are subject to discipline regulations and charters. For example, a law enforcement officer subjected to disciplinary action may receive a warning of incompetence, a reduction in rank, or the loss of a badge.

The application of liability measures to an employee for violation of labor discipline must be justified and carried out in accordance with established rules.

The order of the employer is issued on the imposition of a disciplinary sanction. After conducting an internal investigation and drawing up the corresponding. Employees may appeal any disciplinary action by filing

Labor discipline at, in institutions and organizations ensured by the creation of the necessary organizational and economic conditions for normal high-performance work, a conscious attitude to work, methods of persuasion, education, as well as encouragement for conscientious work. In relation to individual unscrupulous employees, measures of disciplinary and social influence are applied, if necessary.

as one of the principles of labor law;
an independent institution of labor law (an objective property);
element of labor relations (subjective property);
actual behaviour.

Labor discipline as labor law principle is understood as a guiding principle that permeates all norms of labor law and is associated with the fulfillment of the obligation to observe labor discipline.

How institute of labor law labor discipline in an objective sense is a set of legal norms that regulate the internal labor regulations of the organization, establish the labor duties of employees and the employer, determine methods for ensuring labor discipline, incentives for success in work and responsibility for guilty failure to fulfill these duties.

Labor discipline as element of an employment relationship(its subjective property) is manifested in the establishment of the proper behavior of specific workers in general, collective labor, in the individualization (personification) of their labor duties in connection with the concluded labor contract (or entering into an employment relationship for other reasons).

Labor discipline is also manifested as actual behavior parties to the employment relationship, i.e. the level of compliance by all employees in the workplace with labor discipline. This level can be: high, when all participants labor process strictly observe labor discipline; medium, when employees observe labor discipline, but some of them allow certain deviations, violations; low if there are frequent mass violations.

Definition of labor discipline

The discipline of labor in each particular organization is determined by Sec. VIII Labor Code of the Russian Federation (Art. 189-195) and internallabor schedule. For certain categories of workers, violations of labor discipline in whose activities can lead to serious consequences, there are charters and regulations on discipline (all types of transport, the fishing industry, communications, etc.), approved by the Government of the Russian Federation in accordance with federal laws.

The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

The labor schedule is determined by the internal labor regulations. Internal labor regulations of the organization- a local regulatory act of an organization that, in accordance with the Labor Code of the Russian Federation and other federal laws, regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other regulatory issues labor relations In the organisation.

Strengthening labor discipline

Labor discipline in organizations is ensured the creation of the necessary organizational and economic conditions for normal high-performance work, a conscious attitude towards, methods of persuasion, education and encouragement. In relation to individual unscrupulous employees, if necessary, disciplinary measures are applied.

The leading position is method of persuasion as the main way to strengthen labor discipline, since it is the principle of the employee's behavior in the labor process, the principle of consciousness and self-discipline.

parenting method used mainly as an auxiliary means of ensuring labor discipline. Its main purpose is to instill in the employee a sense of conscientious and honest attitude to work.

Methods of persuasion, education, as well as incentives for conscientious work can be both moral and material in nature and are applied by the administration jointly or in agreement with the trade union body of the enterprise.

Internal labor regulations of each given labor collective are approved by them on the proposal of the administration and the trade union body.

Strengthening conscious labor discipline, its organization, conscientious attitude to work has always been one of the most important tasks of our state.

A set of measures aimed at strengthening labor discipline is envisaged. These are, in particular, questions:

improvement of organizational and educational work aimed at eliminating the loss of working time in production;
formation of stable labor collectives;
ensuring a clear regulation of the rights and obligations of each employee;
application of material and moral encouragement for selfless work;
issues of applying penalties and influencing violators of labor discipline and increasing the responsibility of managers of enterprises and their departments for the state of labor discipline and staff turnover.

Enhancement of the role of labor collectives and effective use of the rights granted to them should be the most important directions in the work on instilling and strengthening labor discipline.

Incentive measures

In Art. 191 of the Labor Code of the Russian Federation lists the following promotions:

gratitude announcement;
rewarding with a valuable gift;
awarding an honorary diploma;
submission to the title of the best in .

This list is exemplary; internal labor regulations, charters and discipline regulations may provide for other incentives. For special labor services to society and the state, employees can be nominated for state awards.

Disciplinary measures

Providing for incentive measures applied to employees who conscientiously perform their labor duties, labor legislation also establishes disciplinary measures for violators of labor discipline.

Discipline is an established order of conduct. Labor discipline is obligatory for all employees to obey the rules of conduct, determined in accordance with this code, other federal laws, a collective agreement, an agreement, local regulations, an employment contract.
When concluding an employment contract, the employee undertakes to comply with the requirements of the "Internal Labor Regulations"
Ext.int. labor schedule is a local normative act that establishes the basic rights, duties and responsibilities of the parties to the employment contract, as well as the mode of operation and rest time and other issues of regulation of labor relations.
The PVR is APPROVED by the management of the organization and from that moment on it is mandatory for both the employer and the employee.
In LABOR LAW, methods of labor discipline are distinguished, which can be divided into 2 groups.
1. promotion method
2.method of punishment.
The meaning of labor discipline:
- contributes to the achievement High Quality labor results.
-increases production efficiency and labor productivity.
- Contributes to the health of the worker.

Art. 193 - the legal concept of labor discipline. Proceedings. discipline is obligatory obedience for all workers prescribed labor. order and proper performance of their work. obligations. The discipline of labor (in the objective sense of the word) is the conscience of the rules of behavior required from a person included in a personal. the composition of the org-tion. The concept of labor. discipline" into the lens. sense similar to the concept of "institute of labor discipline". This concept includes two groups of norms:

 norms establishing internal work. the order in the org-tion, which determines the subordination between the worker and the employer by fixing work. the rights and obligations of slaves and nan-la, the rules of behavior in percent. labor, def. operating mode…;

 norms for evaluating the behavior of an employee in this process: norms on incentive measures and norms on disciplinary response.

Labor discipline as el-t works. legal relations manifested in the establishment of proper behavior-I concrete. workers in the general team. labor, in the individualization of their labors. obligations on the basis of the conclusion of the contract. Obligations of the employee and hiring in Chapter 5, Art. 53-55 TC. Labor support methods. discipline is the methods of its provision provided for by the legislation, i.e., the fulfillment by the worker and the nano-lem of their obligations. There are 3 main methods: 1. persuasion; 2. promotion; 3. coercion.

Persuasion is characteristic of the Soviet stage. the method of persuasion is a means of ideological, psychological, moral influence on the participants in production. process, which stimulates the sub-that to such behavior, which corresponds to his will. Directed to the education of the consciousness of slaves.

The incentive method means that a worker can be rewarded for conscientious work, which manifests itself in a material, moral and legal form. The reward goes into work. book.

Method of coercion - to the violator of labor. discipline by imposing measures of disc. penalties, etc., measures of property recovery (mother's answer)

Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, a collective agreement, agreements, an employment contract, and local regulations of the organization. Labor discipline is a system of measures and means for establishing, observing and ensuring the internal labor regulations of the organization.
Methods for strengthening labor discipline are persuasion, encouragement, coercion (ie, disciplinary action).
The labor schedule of the organization is determined by the internal labor regulations. Legal regulation the internal labor schedule is carried out on the basis of Ch. 29 and 30 of the Labor Code of the Russian Federation.
The internal labor regulations of an organization are a local normative act that regulates, in accordance with the Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, obligations, responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and as well as other issues of regulation of labor relations in the organization.
The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. In accordance with the previous Code, the rules were approved general meeting labor collective.
The employer is obliged to familiarize the employee with the internal labor regulations in force in the organization when hiring him (Article 68 of the Labor Code of the Russian Federation). The internal labor regulations should be available for review by employees.
For certain categories of employees, there are charters and regulations on discipline approved by the Government of the Russian Federation in accordance with federal laws. Charters and regulations on discipline operate in those sectors (areas of activity) where strict observance of labor discipline is especially important due to the fact that its violation can lead to extremely serious consequences. Currently, the statutes and regulations on discipline are in force: Regulations on the discipline of employees railway transport Russian Federation*(95); Regulations on disciplinary responsibility of heads of administrations * (96); Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy * (97); Disciplinary charter customs service Russian Federation*(98); The charter on the discipline of maritime transport workers * (99), etc. Unlike the internal labor regulations, the charters and regulations on discipline may establish additional (compared to Article 192 of the Labor Code of the Russian Federation) types of disciplinary sanctions.
In practice, quite often the statutes and regulations approved federal authorities executive power. In this case, such normative acts can be considered as controversial, based on Part 3 of Art. 55 of the Constitution of the Russian Federation, which provides that the rights of a citizen can be limited only on the grounds provided for by federal law.