Legal regulation of economic relations. What are the methods of ensuring labor discipline? What methods ensure labor discipline

from 31/12/2018

For an employee, labor discipline is mandatory. Often the final result of the work, quality and economic indicators depend on it. 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 generally binding rules of conduct determined by the Labor Code, additional agreements, the 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 qualitatively and conscientiously perform professional duties defined by the contract, regulations and job descriptions.

Labor obligations are fixed in the employment contract, additional agreements to it. 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 of necessary equipment and tools
provision of equal opportunities for remuneration of employees
full and timely payment
encouragement for conscientious performance of labor duties 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 the 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 regulatory 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 them are: the use of unauthorized penalties, illegal dismissals of employees, non-payment or partial payment of wages, payment of amounts to employees that do not correspond to accounting documents, not providing regular vacations or providing them without pay, 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

Methods for ensuring labor discipline are 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 clauses of the charter, which must take into account the norms of legislative law and the concluded employment contract.

Internal labor regulations are necessary to summarize all the conditions of discipline. This is a 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 some 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 the 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 of wages or part 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. It is not even allowed to use penalties in 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 procedure for recording 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.

Any joint work of people requires its precise organization, the subordination of all participants in the labor process to established rules. The results of the work of any labor collective largely depend on the state of labor discipline, so the importance of labor discipline can hardly be overestimated.

Legal regulation of labor discipline is carried out by Ch. 2930 (Art. 189-195) of the Labor Code, some other regulations, as well as internal labor regulations.

In some industries, where the requirements for discipline must be particularly stringent, there are special regulations governing labor discipline - regulations and statutes on discipline, approved by the Government. Thus, the Regulations on the discipline of railway transport workers of the Russian Federation, the Charter on the discipline of maritime transport workers of the Russian Federation, the Charter on the discipline of workers of the fishing fleet of the Russian Federation, etc.

The internal labor regulations are a local regulatory act of an organization that regulates, in accordance with the law, the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other regulatory issues labor relations in the organization (Article 189 of the Labor Code).

The internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees and, as a rule, are an annex to the collective agreement (Article 190 of the Labor Code).

The concept of labor discipline is given in Art. 189 TK.

Labor discipline is obligatory obedience for all employees to the rules of conduct defined in accordance with the Labor Code, other laws, collective agreements, agreements, labor contracts, local regulations of the organization.

Compliance with labor discipline and internal labor regulations in the process of work is an element of the labor relationship between the employee and the employer. Entering a job and concluding an employment contract presupposes that the employee assumes the obligation to observe labor discipline. This follows from the definition of an employment contract given in Art. 56 of the Labor Code, which establishes the obligation of the employee to perform a labor function with subordination to the internal labor regulations. Thus, for each employee who has concluded an employment contract, the obligation to comply with the internal labor regulations and labor discipline arises from the law, and not from the agreement of the parties.

Labor discipline implies the unconditional fulfillment of their duties by both employees and employers.

General duties for all employees are contained in Art. 21 TK. It obliges employees to:

Conscientiously fulfill the labor duties assigned by the employment contract;

Comply with the internal labor regulations of the organization;

Observe labor discipline;

Comply with established labor standards;

Comply with labor protection and labor safety requirements;

Take care of the property of the employer and other employees;

Immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer.

Along with the duties common to all employees, each employee must conscientiously and with high quality fulfill the entire range of his professional duties, due to the profession, specialty, qualification or position, the range of which is established in the relevant regulations, job descriptions, as well as in the employment contract.

Employers (heads of organizations and other officials of organizations) also have a wide range of responsibilities.

General obligations for all employers are enshrined in Art. 22 TK. Employers are required to:

Comply with the law, local regulations, the terms of the collective agreement, agreements, collective agreements;

Provide employees with work stipulated by the employment contract;

Ensure the safety and health of employees;

Provide employees with equipment, tools and other means necessary for the performance of their labor duties;

Provide employees with equal pay for equal work;

Pay wages in full and on time;

Conduct collective bargaining; conclude collective agreements;

Provide representatives of employees with complete and reliable information necessary for the conclusion of collective agreements, agreements;

Create conditions that ensure the participation of employees in the management of the organization;

Provide for the everyday needs of employees related to the performance of labor duties;

To carry out compulsory social insurance of employees;

Compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in accordance with the law, etc.

Employers have many other responsibilities that they must fulfill, guided by the law, job descriptions, and the terms of employment contracts.

Labor discipline at enterprises and organizations is ensured by methods of persuasion, educational influence on employees, methods of encouragement for conscientious work, as well as the method of coercion, which involves the application of disciplinary measures to an employee for violations of labor discipline.

The state of labor discipline in labor collectives is greatly influenced by the behavior of the employer himself (the manager and other officials) and his personality. How law-abiding the head of the organization is, what his attitude towards people is, what his moral character is, in many respects depends on the attitude of people to work, to the observance of discipline, order, to the protection of the property of the employer.

Of great disciplining importance is the creation by the employer of favorable working conditions for employees and strict observance of all their labor rights. It is unlikely that an employer can rely on the conscientious work of employees if he himself does not fulfill his obligations to employees and violates their rights.

In recent years, gross violations of the labor rights of workers (especially in non-governmental organizations) have become widespread. The most typical of them are: unlawful dismissals of workers, the use of unlawful penalties (for example, fines that are arbitrarily imposed by employers on delinquent workers, while labor legislation does not provide for such a measure of influence); non-payment of wages or the issuance of amounts to employees that do not correspond to accounting documentation (in order to hide their profits by employers and evade the transfer of tax payments and insurance premiums), failure to provide annual leave or their provision without payment, non-payment of temporary disability benefits, etc.

In collectives where such violations are allowed, proper order cannot be ensured. Employees will respond to the employer in the same way - staff turnover, violations of discipline, theft, production of substandard products, deception of customers, etc.

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

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

Declaration of gratitude;

Issuance of an award;

Awarding a valuable gift;

Awarding an honorary diploma;

Submission to the title of the best in the profession.

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

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

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

Coercion method as a way to ensure labor discipline, it is a set of methods and means of influencing unscrupulous workers, expressed in the application of legal sanctions to them for failure to perform or improper performance of their labor duties.

The measures of coercion applied in connection with the violation of labor discipline are, as a rule, measures of responsibility. Labor law, unlike some other branches of Russian law (civil, administrative, criminal), a single structure of responsibility is unknown. Depending on what exactly the violation of labor discipline expressed and what consequences came as a result of this, the violator may be brought to justice. disciplinary or material (property) responsibility. The question of liability arises only if the employee’s (or employer’s) misconduct caused material damage the other side of the employment contract. In the absence of material damage, only disciplinary liability can be imposed on the employee (but not on the employer). A disciplinary offense committed by an employee, which at the same time caused material damage to the employer, may be the basis for bringing the employee to both disciplinary and material liability at the same time. These types of liability will be discussed in more detail below.

Test questions:

1. What is labor discipline and internal labor regulations of the organization? What documents define them?

Labor discipline is a set of certain rules of conduct required from participants in the labor I process, and the need to comply with these rules, subordination! * Internal labor regulations established by the employer.

It involves a conscious attitude to work and - voluntary subordination of workers to a certain order, tired; updated by the employer.

t Most of the mandatory requirements for discipline are derived from the labor contract.

Legislation on labor does not contain a single definition of the concept of labor and production discipline

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

orders and directives of managers and the achievement of high results in work.

Industrial discipline is closely related to labor discipline. Production discipline - the implementation by the employee of the established technological rules and production instructions.

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

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

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

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

Compliance with the requirements of standards implies compliance with the requirements of standards, which include GOSTs. OSTs, STP, TU.

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

Contractual discipline is characterized by the organization of economic relations between enterprises and organizations on a contractual basis, strict observance of contractual obligations, and liability for breach of contractual obligations.

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

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

Fulfillment by the employee and the employer of their duties.

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

Persuasion is a method of influence that stimulates the subject of law to such behavior that corresponds to his will.

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

When influencing the consciousness of workers by persuasion, they create internal moral stimuli, the need for lawful behavior. This impact allows you to combine the prescription of the law, other regulatory act, the imperious demands of officials with the internal conviction of the employee in the need to comply with these requirements.

Persuasion is a method of preventing violations of labor discipline. It contributes to the prevention of offenses and immoral misdeeds, the elimination of the causes that give rise to them.

The means of implementing the method of persuasion are various incentives.

Encouragement under labor law is, as a rule, a public honor to a member of the labor collective in the form, established by the rule of law or a collective agreement, incentive measures for exemplary behavior recognized as labor merit or special labor merit.

Encouragement for success in work as an important legal means of ensuring labor discipline is of great moral importance. The basis of encouragement is usually the exemplary behavior of the employee, which is evaluated as a labor merit. The subject of labor merit are employees or teams of sections, shifts, workshops.

There are no specific incentives in TK. The procedure for the application of incentives is determined in the collective agreement, internal labor regulations, charters on discipline. So. for success in work, increasing the productivity of labor, improving product quality, continuous and flawless work, innovation in work and for other achievements in work, the following types of rewards are possible: declaration of gratitude. awarding a prize, awarding a valuable gift, a Certificate of Honor, entering into the Book of Honor, on the Board of Honor. For special labor merits, employees are presented for awarding state awards: orders, medals, certificates of honor, badges and for conferring honorary titles and knowledge of the best worker in this profession.

To encourage employees who successfully and conscientiously fulfill their labor duties, the employer must first of all provide benefits and benefits in the field of socio-cultural and housing services: vouchers to sanatoriums and rest homes, improved living conditions. To encourage employees in self-supporting organizations, the payment of remuneration for the year should be more widely used, as well as provide such employees with advantages in promotion.

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

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

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

For methods of coercion, some features are characteristic: they are applied only to employees who, being in an employment relationship, through their own fault, violate their labor duties; coercive measures must be established by law; the employer determines for which violation this or that measure of disciplinary action should be applied; disciplinary responsibility of employees for failure to perform or improper performance of labor duties arises before the organization as a party to the employment contract.

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

The internal labor schedule refers to the procedure established within the organization where the employee works.

The internal labor regulations include the procedure for the relationship between the employee and the employer, who, on behalf of the owner, manages labor in the organization, and the procedure for the relationship between employees in the labor process. Therefore, its most important elements are the basic rights and obligations of the employer and employees, the working hours of employees, the procedure their encouragement and bringing to disciplinary responsibility.

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

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

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

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

Each employee of the organization must be familiar with the internal labor regulations upon admission to work, and in the future - with the changes and additions made to them.

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

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

At the same time, the statutes on discipline have a number of differences from the internal labor regulations: they regulate a narrower range of issues; The disciplinary responsibility of employees under the statutes on discipline is more understood as a disciplinary offense and provides for more severe sanctions for improper performance of labor duties.

Job descriptions, technical rules and instructions are also among the normative acts regulating the internal labor regulations, but only in the part that clarifies the rights and obligations of the employee in certain professions and specialties. These provisions and instructions are local regulations and are valid within a particular organization.