Ways to ensure labor discipline. Labor discipline at the enterprise and methods of ensuring it Labor discipline is ensured primarily by methods

Discipline of work- compulsory for all employees obedience to the rules of conduct determined in accordance with the Labor Code, other laws, collective agreements, agreements, labor contracts, local regulations organization, labor contract.

The following factors influence the state of labor discipline:

the nature of the relationship between employees and subordinates;

the personality of the leader;

the size of the salary;

the state of the bonus system;

the prestige of the work;

type of activity of the organization;

the level of qualifications and culture of the employee, etc.

Legal regulation labor discipline in the organization is of particular importance, since the use of joint labor is impossible without its observance.

Labor discipline is based on mutual obligations of the parties employment contract:

Obligations of the employee to conscientiously fulfill his labor function and obey the rules of the internal labor schedule;

Obligations of the employer to create for the employee the proper working conditions necessary for the employees to observe labor discipline - to properly organize the work of employees, create conditions for increasing labor efficiency, ensure labor and production discipline, comply with labor legislation and labor protection rules, ensure the household needs of employees related to with execution job responsibilities.

The main responsibilities of the parties are defined in the Labor Code of the Russian Federation and are specified in the Internal Labor Regulations, job descriptions and in the employment contract.

It should be borne in mind that officials representing the employer themselves have an employment relationship with the organization. Therefore, they are also subject to general responsibilities established for employees, in particular, to work in good faith, observe labor discipline, and take good care of the property of the organization.

In some industries (for example, railway, water transport), statutes and discipline regulations are in force that establish stricter rules for regulating labor discipline, since the labor activity of workers in these industries is associated with sources of increased danger and non-fulfillment of duties can lead to harm to human health.

Local regulations governing labor discipline include internal labor regulations, as well as regulations on working hours and rest time, regulations on bonuses and wages.

Internal labor regulations aim to regulate the internal work schedule, strengthen labor discipline. They are also aimed at rational use of working time by each employee, at increasing labor productivity.

Not only employees, but also the employer are interested in adopting the internal labor regulations of the organization, since in case of violation of them, the employee can be brought to disciplinary responsibility.

Internal labor regulations of the organization - a local regulatory act of the organization, regulating, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for the admission and dismissal of employees, the basic rights, obligations and responsibilities of the parties to the employment contract, the work schedule, rest time, incentives and penalties applied to employees , as well as other regulatory issues labor relations from the given employer. 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.

The internal labor regulations of the organization can be an annex to the collective agreement, but in this case, like the collective agreement itself, they will be urgent.

Usually the internal labor regulations consist of the following sections:

1. General Provisions.

2. The procedure for the admission and dismissal of employees.

3. The main responsibilities of employees.

4. The main responsibilities of the employer.

5. Working hours and rest time.

6. Rewards for success in work.

7. Responsibility of the parties to the employment contract.

The rules can clarify the procedure for bringing an employee to disciplined responsibility in compliance with the requirements of Art. 193 of the Labor Code of the Russian Federation, indicate the procedure and grounds for the application of incentive measures. The rights and obligations of the parties should be specified, for example, to prohibit employees from appearing on the territory of the organization and intoxicated, both in working and not work time.

The internal labor regulations should be posted on the notice board. Newly employed workers must be familiarized with them against signature.

Labor discipline in the organization is ensured by the creation of the necessary organizational and economic conditions for normal work, a conscious attitude to work, methods of persuasion, education, encouragement for conscientious work, in exceptional cases - coercion, that is, bringing to disciplinary responsibility.

Under encouragement should be understood as public recognition of labor merit, the provision of honor individual workers in the form of differences, benefits and advantages established by the current legislation. In accordance with Art. 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously perform their labor duties in the form of an announcement of gratitude, the issuance of an award, a valuable gift, a certificate of honor, and presentation to the title of the best in the profession.

Other types of employee incentives for work are determined by the collective agreement or the internal labor regulations of the organization, as well as by the statutes and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards.

In Art. 191 of the Labor Code of the Russian Federation gives an approximate list of incentive measures, since the legislator provides that other incentives may be provided for by the internal labor regulations, collective agreements and agreements, and other local regulations. For example, the internal labor regulations may provide for such incentive measures as the provision of additional leave for continuous work experience for additional categories of workers compared to the legislation, the issuance of a free voucher for sanatorium and resort treatment.

A wider list of incentive measures is established by special laws, as well as statutes and regulations on discipline, for example, the Federal Law "On the Prosecutor's Office Russian Federation"Provides for the possibility of awarding the badge" Honorary Worker of the Prosecutor's Office of the Russian Federation "1.

Incentive measures can be divided into two groups: measures of a moral nature and measures of a material nature.

All rewards for success in work are announced in the order (order) of the employer, communicated to all employees and 1 SZ RF. 1995. No. 47, p. 4472.

are entered in the appropriate section of the employee's work book.

For special labor merits, employees can be nominated for awarding orders, medals, certificates of honor, badges and for the conferment of honorary titles. The establishment of state awards and honorary titles of the Russian Federation is attributed to federal bodies state power RF. In accordance with Art. 89 of the Constitution of the Russian Federation, the President of the Russian Federation is endowed with the right to award state awards of the Russian Federation and confer honorary titles of the Russian Federation.

Currently in the Russian Federation there are quite wide system honorary titles awarded for special labor merits: "Honored Power Engineer", "Honored Doctor", "Honored Innovator", "Honored Artist", "People's Artist", "Honored Worker of Science and Technology", "Honored Lawyer", etc. State awards are awarded in accordance with the Regulations on State Awards, approved by the Decree of the President of the Russian Federation of June 1, 1995 1. The title "Veteran of Labor" is awarded by the executive authorities of the constituent entities of the Russian Federation in accordance with the Decree of the President of the Russian Federation of May 7, 1995 "On the approval of the procedure and conditions for conferring the title" Veteran of Labor "2.

Along with persuasion and encouragement, a rather effective method of strengthening labor discipline is coercion, that is, bringing the employee to disciplinary responsibility.

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INTRODUCTION

The nature of joint work of persons working under an employment contract presupposes the creation of an effective legal regime under which labor obligations must be fulfilled. From the moment the employment contract is concluded, the employee comes at the disposal of the employer and is obliged to obey his will in the process of performing work. The fulfillment of this obligation is ensured by the employer's authority to impose sanctions for improper performance by employees of their work duties.

The essence of the contradiction between the employee and the employer boils down to the employer's interest in minimizing labor costs, which means that the employee is set as low as possible. wages, reducing the cost of creating favorable and safe working conditions, bringing the total production costs to a level that allows the entrepreneur to get a good profit.

The interests of the employee, on the contrary, are aimed at increasing the size of his wages, which, as a rule, are the most significant source of Money ensuring the well-being of the employee himself and his family members, the creation of normal working conditions in the workplace, work in favorable working conditions, i.e. creating the most comfortable working environment possible.

This work is devoted to such an issue as labor discipline. The relevance of this topic lies in the fact that the employer is obliged to treat the employee not as a product of purchase and sale, but as a labor force, which has its own rights and obligations, to take into account the interests of the employee, to create favorable conditions for his work.

1 . CONCEPT AND SIGNIFICANCE OF LABOR DISCIPLINE AND METHODS OF ITS SUPPORT

The discipline of labor is the order of behavior in joint work established in a given social organization of labor and responsibility for its violation.

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

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

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

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

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

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

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

Labor discipline in production includes adherence to technological and production discipline. Technological discipline is the observance of the manufacturing technology of the product of production, the technological process of its manufacture. Production discipline is a part of the labor discipline of administration officials who are obliged to organize the continuity of the technological process, the timeliness of the supply of materials, tools, equipment, the coordination of the work of individual production departments in order to ensure the rhythmic, accurate work of the entire production.

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

Contributes to the achievement High Quality the results of the work of each employee and all production, work without marriage;

Allows the employee to work with full dedication, show initiative, innovation in work;

Increases production efficiency and labor productivity of each employee;

Promotes health protection during labor activity, labor protection of each employee and all labor collective: with poor labor discipline, there are more accidents and accidents at work;

Promotes the rational use of the working time of each employee and the entire workforce.

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

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

Good condition of machines, machine tools and devices;

Timely provision of technical documentation;

The proper quality of materials and tools for work and their timely submission;

Timely supply of production with electricity, gas for work and other sources of energy supply;

Safe and healthy working conditions (compliance with safety rules and regulations, necessary lighting, heating, ventilation and other factors that negatively affect the health of workers).

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

2 . LEGAL REGULATION OF THE INTERNAL LABOR ORDER

legal labor disciplinary encouragement

The internal work schedule is the procedure for the behavior of workers in a given production facility, established by law and, on its basis, by local acts, both in the process of work and during breaks in work when workers are in the production area (appearance on the territory of the plant while intoxicated during working hours - dismissal according to sub. "b" clause 6 of article 81 of the Labor Code, on weekends - disciplinary offense, outside the production area - administrative).

Legal regulation of the internal labor schedule is carried out on the basis of Ch. 29 and 30 of the Code. The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the trade union committee of the organization. They, as a rule, are an annex to the collective agreement (Art. 189 of the Labor Code).

In certain sectors of the national economy, statutes and regulations approved by the Government of the Russian Federation are in force for the main employees.

All production must have internal labor regulations. These rules include the obligations not only of employees, but also of the administration, and not only for the implementation of the Rules themselves, but also of the relevant job descriptions, instructions and rules for safety measures, industrial sanitation, fire, radiation safety, etc.

House rules usually consist of the following seven sections:

1) general provisions providing for the operation of these rules, to whom they apply, their purpose, objectives;

2) the procedure for admission and dismissal (the provisions of the Code are briefly provided with their clarification for this production);

3) the main duties of the employee;

4) the main obligations of the employer, his administration;

5) working hours and its use: working hours for the entire production and individual divisions, including the beginning and end of lunch and other intrashift breaks, shift schedules (including on a rotational basis work), structure of the working week (5 or 6 days);

6) measures of encouragement for success in work;

7) disciplinary liability for violation of labor discipline.

These rules are communicated to every employee.

In those sectors of the national economy where statutes and regulations on discipline for key workers are in force, the Internal Labor Regulations for other workers in this production, not related to those to whom the charters and regulations apply, also apply.

Discipline charters and regulations are approved by the government of the country. So far, in the main, there are still union ones (there are more than a dozen of them), but there are also Russian ones, for example, the Regulation "On the discipline of railway workers in the Russian Federation", approved on August 25, 1992 (CAPP RF. 1992. No. 9. Art. 608; 1994. No. 1. Art. 11), the Regulation “On the disciplinary responsibility of heads of administration”, approved by the Decree of the President of the Russian Federation of August 7, 1992, as amended on November 14, 1992 (Vedomosti RF. 1992. No. 33. Art. 1931).

Since the charters and regulations on discipline are special legislation and apply to those key (leading) employees whose gross disciplinary offense can lead to serious consequences or the death of people and goods, then these acts may provide for more severe disciplinary liability than in general acts of labor rights. These acts provide for and additional responsibilities workers and their managers.

3 . BASIC EMPLOYMENT RESPONSIBILITIES OF THE EMPLOYEE AND EMPLOYER (ADMINISTRATION)

The main labor obligations of the employee and the employer, his administration are closely interrelated, since the obligations of one party to the employment contract correspond to the rights of the other, and together these rights and obligations constitute the main content of labor relations.

The main duties of the employee:

Compliance with labor discipline, i.e. internal labor regulations;

Honest and conscientious performance of work duties, full dedication in functional (according to labor function, position) activities;

Respect for production property;

Compliance with established labor standards;

Timely and accurate execution of the orders of the administration;

Increasing labor productivity;

Improving product quality;

Compliance with technological discipline, instructions for labor protection, safety and industrial sanitation, i.e. all instructions, rules on the specified issues.

The general standard of work is working hours. And the one for whom other labor standards have not been established is also obliged to use all working time rationally and for its intended purpose. And the one to whom the production norms are established, when they are fulfilled, they are obliged to overfulfill them ahead of schedule, since he is also obliged to rationally use the working time.

Other labor duties of the employee are stipulated by different institutions (sections) of the Code, legislative acts, collective and labor contracts.

The main duties of the employer, his administration as a representative of the employer:

Correctly organize the work of workers: ensure the correct placement of workers and rational use work force everyone, so that each employee knows their functional responsibilities; prevent downtime, marriage, seek to reduce the loss of working time;

To create conditions for the growth of labor productivity, to encourage workers in case of overfulfillment of norms, to replace outdated equipment with new ones;

Provide labor and production discipline;

Comply with labor legislation and labor protection rules in all its norms, carry out preventive work in order to avoid industrial accidents, collective labor disputes, including strikes, etc.;

To be attentive to the needs and requests of workers, to improve the conditions not only of their work, but also of life (to build, not reduce children's preschool institutions, housing stock, clubs, etc.).

Each official of the administration, in addition to his functional duties, is obliged to comply with all basic specified duties in his area of work in relation to subordinates, as well as to ensure the observance of the basic labor rights of employees subordinate directly to him. The duties of employees and the administration are specified in more detail in the Internal Labor Regulations and functional qualification reference books, regulations.

4 . REWARDING MEASURES FOR SUCCESS IN LABOR

Reward for success in work is a public recognition of the employee's merits, his success in work in the form of the application of incentive measures to him. The employer encourages employees who perform their work duties in good faith (announces gratitude, issues a bonus, etc.), which encourages employees to work better, observe labor discipline.

Incentives for success in work, based on their grounds and who uses them, can be divided into two types:

1) measures used by the employer for exemplary performance of labor duties, increasing labor productivity, improving product quality, long and flawless work, innovation in labor and other achievements in work: announcing gratitude, issuing an award, rewarding a valuable gift, awarding a certificate of honor, presenting a the title of the best in the profession (Article 191 of the Labor Code). Other incentives may be provided for in internal labor regulations, collective agreements, statutes and discipline regulations;

2) measures applied by higher authorities on the proposal of the head of production, for special labor services to society and the state of the employee: awarding orders, medals, certificates of honor of various higher bodies, badges; conferring honorary titles and titles of the best worker in a given profession (for example, "Honored Lawyer of the Russian Federation", "Honored Scientist", "Honored Teacher", etc.).

The regulation on state awards of the Russian Federation, approved by the Decree of the President of the Russian Federation of March 2, 1994 (SAPP. 1994. No. 10. Art. 775), fixes the types of state awards as the highest form of encouraging citizens for outstanding services in the economy, science, culture, art , defense of the fatherland, other services to the state and people. By the Decree of the President of the Russian Federation of December 30, 1995 ( Russian newspaper... 1996.13 Feb.) Established more than 50 honorary titles of the Russian Federation, which are introduced in order to encourage citizens for high professional skill and many years of conscientious work, the provisions on them and descriptions of the badge to the honorary approved titles of the Russian Federation were approved. Among these titles, for example, "Honored Doctor of the Russian Federation", "Honored Worker of Transport of the Russian Federation", "Honored Mechanical Engineer of the Russian Federation", "Honored Builder of the Russian Federation". To receive an honorary title, the relevant employee must have worked in this profession for at least 15 years.

All incentive measures by their nature can be divided into moral (gratitude, certificates of honor, honorary titles, orders, medals, etc.) and material (rewarding with a valuable gift, issuing an award, promotion to a higher position, to a higher class, category, etc.) .). Material incentives also have a moral side - public recognition of the employee's merits.

The republics within the Russian Federation have their own honorary titles established by their legislation.

Incentives are announced by order and communicated to the work collective. All incentive measures applied to the employee are noted in his work book. During the action disciplinary action the incentive measure is not applied to an employee (one year).

Employees who successfully and conscientiously fulfill their labor duties are primarily provided with benefits and benefits in the field of social, cultural and housing services (vouchers to sanatoriums, rest homes, improvement of living conditions, etc.). In some industries, reserve lists are drawn up for occupying a higher position, in which workers are included depending on their success in work. The legislation allows the combination of several incentive measures, for example, an employee is awarded a certificate of honor and a bonus is issued to him. Article 191 of the Code indicates that the employer encourages employees up to the provision of honorary titles himself, without the participation of the trade union committee. It seems that this significantly reduces industrial democracy, the role of the trade union and labor collective.

And now, as practice shows, the participation of the trade union committee, the labor collective in the management of the organization contributes to the strengthening of both labor discipline and the work of the organization. In the cooperation of social partners at the organizational level, there are large reserves both for order in production and for increasing labor productivity. This is actively used by smart leaders. Conducted on the initiative of the Government of Russia in 2000 and 2001. all-Russian competitions « Russian organization high social efficiency”Demonstrated that the winners were enterprises where a lot of work is being done to develop the social sphere, there is also strong labor discipline, and working conditions are improving at workplaces. At these enterprises, collective agreements are also carefully concluded.

5 . DISCIPLINARY LIABILITY AND ITS TYPES

Disciplinary liability is established by labor legislation for a disciplinary offense, which is an unlawful, culpable violation of labor discipline by an employee. A violation of labor discipline is a failure to fulfill or improper fulfillment by an employee through his fault of his labor duties (orders of the administration, internal labor regulations, job descriptions, etc.). The legislation does not establish a list of violations. This is decided by the administration. Such violations in accordance with paragraph 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 No. 16 include, in particular, also:

· The absence of an employee without good reason at his workplace for no more than three hours during the working day, as well as more than three (now - four) hours, if he is on the territory of production;

Refusal of the employee without good reason from the implementation of the changes in established order labor standards;

Refusal or evasion without good reason from medical examination of workers of certain professions and refusal to undergo special training and exams on safety measures and operating rules during working hours, if it is a prerequisite admission to work.

Labor legislation does not provide a list of gross violations, although it is required for the application of dismissal on such grounds. These lists are in some special acts, for example, the Regulations on the discipline of railway workers provide for an additional basis for dismissal - for the employee committing a gross violation of discipline, which created a threat to the safety of train traffic, the life and health of people or led to a violation of the safety of goods, luggage and entrusted property. The list of these gross violations and the specific persons responsible for them was approved by the Ministry of Railways of the Russian Federation in agreement with the Central Committee of the independent trade union of railway workers and transport builders of the Russian Federation.

Disciplinary responsibility is an employee's obligation to undergo disciplinary action imposed on him for a disciplinary offense. Disciplinary responsibility must be distinguished from other disciplinary measures applied to violators (oral remarks, discussion at a meeting, deprivation, etc.).

There are two types of disciplinary liability under labor law: general and special. They differ in the categories of workers to whom they apply, in the acts governing each of these types, and in disciplinary measures.

General disciplinary liability applies to all employees, including officials of the production administration. It is provided for by Art. 192-194 Labor Code and the rules of the internal labor schedule of this production.

Special disciplinary liability is established by special legislation (the Law of the Russian Federation "On Federal public service RF ", charters and regulations on discipline, etc.) for certain categories of employees, which also provides for other disciplinary measures.

The procedure for applying disciplinary measures for special disciplinary liability in most charters and provisions is the same as for general special liability. For civil servants, judges, prosecutors, laws on them provide for their own characteristics of this order (for example, disciplinary investigation, which can last up to a year, etc.).

6 . DISCIPLINARY PENALTY MEASURES AND THE ORDER OF THEIR APPLICATION

Disciplinary measures are directly enshrined in labor legislation, as well as the procedure for their application. They are the same for all industries and are mandatory. Enterprises, institutions, organizations themselves can neither change nor supplement them. In the internal labor regulations, disciplinary measures other than those provided for in Art. 192 of the Labor Code, and a different procedure for their application cannot be established than the one established by Art. 193 TC.

Disciplinary measures are a reprimand, reprimand, dismissal (clauses 5, 6 for all its subclauses, clause 10 of article 81 of the Labor Code). Other disciplinary measures (for example, removal to a lower position of a civil servant) may be provided for by legislation on special disciplinary liability and by statutes and regulations on discipline. The application of a penalty not provided for by federal labor legislation is not allowed.

The procedure for imposing and the duration of the disciplinary sanction is established by law (Article 193 of the Labor Code). When imposing a disciplinary sanction, the administration is obliged to take into account the severity of the offense committed, the circumstances in which it was committed, the previous work and the employee's behavior. Prior to the application of a disciplinary sanction, a written explanation must be requested from the employee, which sometimes indicates the absence of a disciplinary offense (absenteeism, tardiness, etc.). If the employee refuses to give a written explanation, an act is drawn up. Such a refusal is not an obstacle to the imposition of a disciplinary sanction. A disciplinary penalty is applied for a directly detected misconduct, but not later than one month from the date of its detection, not counting the time the employee is sick or on vacation, as well as the time required to take into account the opinion of the representative body of employees (trade union committee). The absence on other grounds at work, including time off, is not taken into account. Leave that interrupts the specified monthly period includes all types of vacations, including educational, social, and others. Disciplinary sanction cannot be applied later than 6 months from the date of the misconduct, but based on the results of an audit or audit of financial and economic activities (audit) - no later than 2 years from the date of its commission. These terms do not include the time of the criminal proceedings.

A disciplinary sanction is imposed by an order, which is brought to the employee against receipt within three days from the date of its publication. If the employee refuses to sign it, an appropriate act is drawn up. It lasts for a year, and then automatically loses its power. The collection can also be withdrawn ahead of schedule at the initiative of the administration of the employee or the trade union committee. During the duration of the disciplinary action, no incentive should be applied to the employee.

The employee can appeal the disciplinary sanction to the State Labor Inspectorate or the bodies for the consideration of individual labor disputes. For some categories of workers, it has been established that they cannot be subject to disciplinary action without first requesting the opinion of the relevant body: members trade union committees- without the opinion of the body of which they are members, the leaders of the trade union committees - without the superior body of the trade union.

An innovation is the indication in Art. 195 of the Labor Code that the employer is obliged to consider the application of the representative body of workers about the violation by the head of the organization, his deputies of labor legislation, the terms of agreements, the collective agreement and report the results of the consideration to the representative body of workers.

If the facts of such violations are confirmed, the employer is obliged to apply disciplinary sanctions against the head of the organization and his deputies, up to and including dismissal. Let's hope that our unions will start to actively apply this standard.

CONCLUSION

Summing up the work, it should be noted that labor discipline is compulsory for all employees to comply with the rules of conduct. Labor discipline is a necessary condition for any common work, since joint work needs a certain order, so that all those who work together are subject to this discipline, order. Legal methods of regulating labor discipline are understood as the methods of ensuring it provided by law, i.e. fulfillment by the employee and the employer of their duties. There are two main methods: reward and coercion.

Maintenance and strengthening of labor discipline is carried out using methods of not only persuasion, education, but also moral and material incentives. Remuneration for success in work is understood as the public recognition of the employee's merits. Providing incentives for employees who perform their job duties in good faith, labor legislation establishes disciplinary measures for violators of labor discipline.

Currently, strengthening labor discipline requires strengthening labor motivation. Labor motivation is a determining factor in including the interests of each individual in productive work, regardless of the form of ownership and the scope of the organization. Labor motivation is influenced by the psychological and moral impact on the participants in the production process (persuasion method), material and moral and legal incentives, the provision of various benefits and advantages (incentive method), as well as disciplinary measures applied to violators of labor discipline, and property measures. character in the form of compensation for damage by the parties to the employment contract (coercion method).

LIST OF USED SOURCES AND REFERENCES

1. Kazantsev, V. I. Labor law. - M .: Academia, 2003. - 282 p.

2. Kibanov, A. Ya. Personnel management of the organization. - M .: INFRA-M, 2006 .-- 638 p.

3. Kochetkova, MA Labor rights of an employee. - M .: IKF "EKMOS", 2002. - 288 p.

4. Mironov, V.I. Labor law of Russia. - M .: INFRA-M, 2005 .-- 537 p.

5. Orlovsky, Yu.A. Labor law of Russia. - M .: INFRA-M, 2008 .-- 608 p.

6. Labor Code of the Russian Federation: as of April 15, 2008 - M .: Eksmo, 2008. - 320 p.

7. Tsypkin, Yu. A. Personnel Management. - M .: UNITI, 2001 .-- 446 p.

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The concept and methods of ensuring labor discipline

Discipline of work- it is mandatory for all employees to comply with the rules of conduct established by the Labor Code of the Russian Federation, other laws, agreements, collective agreements, other local regulations of the organization, as well as an employment contract.

Labor discipline in a particular organization implies strict observance by all employees of the internal labor schedule. This schedule is usually determined by the internal labor regulations approved by the employer, taking into account the opinion of the representative (trade union) body of workers.

Internal labor regulations are a local normative act of the organization that regulates, in accordance with labor legislation, the procedure for hiring and dismissing employees, 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 issues of regulating labor relations In the organisation.

In addition, in some sectors (sub-sectors) of the economy, there are statutes and regulations on discipline approved by the Government of the Russian Federation. As a rule, they apply to employees of only basic professions, to which, due to the nature and conditions of their work, increased requirements are imposed. Currently, for example, the following acts are in force: Regulations on the discipline of railway workers of the Russian Federation, Disciplinary charter of paramilitary mine rescue units for servicing mining enterprises of the metallurgical industry, Charter on discipline of employees of organizations with particularly hazardous production in the field of atomic energy use, Charter on discipline of workers in the maritime industry. transport, the Charter on the discipline of workers in the fishing fleet of the Russian Federation.

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

Encouragement- this is the recognition of the labor merits of the employee, the provision of social honor to him for his achievements in work. Incentives can be of both moral and material nature, or they can combine both of these elements.

The Labor Code of the Russian Federation provides for the following types of incentives for conscientious work:

announcement of gratitude;
issuance of prizes;
rewarding with a valuable gift;
awarding with a certificate of honor;
presentation to the title of the best in the profession.

It should be noted that this list is not exhaustive. Other types of employee incentives for work can be determined by the collective agreement or the internal labor regulations of the organization, as well as charters and discipline regulations. For special labor services to society and the state, employees can be nominated for state awards. Information about incentives is entered in work book, which is very important for an employee when applying for another job.

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

Coercion method as a way of ensuring labor discipline is a set of techniques and means of influencing unscrupulous workers, expressed in the application of legal sanctions to them for failure to comply or improper performance the assumed job responsibilities.

The measures of coercion applied in connection with the violation of labor discipline are, as a rule, measures of responsibility. Depending on what exactly the violation of labor discipline was expressed in and what the consequences were as a result of this, the offender may be brought to disciplinary or material (property) liability.

The question of material liability arises only if the unlawful behavior of the employee (or employer) caused material damage to the other party of the employment contract. In the absence of material damage, 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 both to disciplinary and material responsibility at the same time.

Below we will only talk about disciplinary liability, and the employee's material liability will be discussed in the next chapter.

The discipline of labor is the order of behavior in joint work established in a given social organization of labor and responsibility for its violation.

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

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

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

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

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

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

Methods of ensuring labor discipline

It should be noted that in the theory of law, the concepts of labor, production and technological discipline are distinguished. Industrial discipline is aimed at ensuring order in production related to the implementation of labor standards, respect for the property of the employer, maintaining order at the workplace, and so on. Technological discipline - component production discipline, consists in adherence to technological processes, rules for handling machines, and so on. Labor discipline is a broader concept that includes production discipline and technological discipline.

Thus, labor discipline is a concept that assumes a certain order of relationships for participants in labor relations, and includes a number of concepts that determine the mandatory rules for regulating a particular employer's work schedule, labor protection, wages, labor rationing, and so on.

Labor discipline is a hallmark of labor relations. The duty to observe labor discipline is one of the main duties of the employee as a subject of the labor relationship. At the same time, the employer is obliged to create the conditions necessary for employees to comply with labor discipline.

The parties to the disciplinary relationship are all participants in the employment relationship, primarily the employee and the employer. This is followed by the relationship between the labor collective and its members, the administration and the labor collective, the worker and the worker, and so on.

As an independent institution of labor law, labor discipline is a set of norms, rules of behavior that regulate relations in the sphere of labor discipline.

In this regard, the content of labor discipline can be considered in two aspects: objective and subjective.

In an objective sense, labor discipline includes norms that establish the work schedule by fixing the work responsibilities of employees and the employer, rules of behavior in the labor process, a certain mode of work and rest. This procedure is governed by the norms of the Labor Code of the Russian Federation, other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, an employment contract, adapts to the conditions of production, the specifics of the organization of labor and operates for a particular employer in the form of an internal labor schedule.

The subjective side of labor discipline is the assessment of the behavior of workers in the labor process, which includes incentives for success in work, stimulating disciplined work, as well as bringing to responsibility for violation of labor discipline. In a subjective sense, labor discipline can be considered as an indicator of compliance with the internal labor schedule, as the legitimate behavior of participants in labor relations.

Labor discipline is a form of social connection between people, which causes a change in its content, incentives and methods of ensuring it along with development public relations.

Currently, strengthening labor discipline requires other incentives to enhance labor motivation. Labor motivation is a factor that determines the involvement of the interests of each individual in productive work. Motivation to work is a subjective aspect of work discipline. Labor motivation can be influenced through psychological and moral impact (persuasion method), material and moral and legal encouragement, provision of various benefits and advantages (incentive method), as well as through disciplinary measures applied to violators of labor discipline (coercion method).

In general, the methods of labor discipline management can be divided into three groups: economic, psychological and legal. Let us dwell in more detail on the methods of legal action.

If earlier the "Code of Labor Laws of the Russian Federation" (expired on February 1, 2002) distinguished three methods: persuasion, encouragement and coercion, then within the framework of the current Labor Code of the Russian Federation, which reflected the change in social relations in our country, only incentive methods are normatively fixed and coercion.

It should be noted that the practice of applying these methods goes back millennia. Over the centuries, it is not the methods that have changed, but their content and combination. At the same time, encouragement and coercion are most often used to manage labor discipline, because for a long time the art of managing people consists in a skillful combination of the "carrot and stick" method.

The discipline of work can be considered as a complex of legal means and measures to establish, comply with and ensure the internal work schedule.

Many authors refer to the methods of labor discipline regulation:

Belief,

Promotion,

Coercion (that is, disciplinary action).

Moreover, the majority point to the exclusively psychological and moral nature of the persuasion method.

The method of persuasion, as an educational measure of influence on the consciousness of an employee in order to induce him to useful activities or to prevent unwanted actions, in modern conditions market economy, unemployment, surplus labor force has practically lost its relevance. Now an employer with labor discipline violators can terminate an employment contract and fill out vacancies competent, disciplined professionals. However, it is very important in these cases that the employer remembers his obligation to strictly follow the law and the norms of local regulations.

Moreover, if the method of persuasion can be used solely at the discretion of the employer, administration or workforce, then the use of incentive measures and disciplinary sanctions is regulated legal regulations federal and local level.

A special place in strengthening labor discipline is acquiring the ability to correctly use incentives to work and to realize the economic interests of workers. It is impossible to strengthen labor discipline, increase the activity of people without paying attention to their living conditions, to personal interests. Material interest is closely related to the social and production activities of people. It is a stimulus to work. Salient feature modern system stimulation lies in the fact that the remuneration of workers directly depends not only on the results of their individual labor, but also on the overall results of the work of all personnel of the enterprise.

Conscious discipline arises on the basis of the company's personnel understanding of the unity of goals, which is based on a sense of mutual responsibility of employees for the performance of the work entrusted to them. Nevertheless, in our society there are frequent cases of violation of labor, production and technological discipline. In the economy, there are still large losses of working time associated with tardiness, truancy, drunkenness and other violations of discipline.

In production teams working on a single basis, along with payment for the final result, an atmosphere of intolerance towards violators of labor discipline is objectively created. In the collectives of these brigades, the mutual exactingness of workers to each other, combined with mutual assistance and support, is increasing. Creation of a favorable psychological atmosphere at the enterprise and in the subdivision, everyone's confidence that their opinion is treasured by the manager and staff, turns into the desire of employees to participate in production management, in the growth of consciousness and discipline, in increasing self-discipline. If the measures of persuasion do not have the proper effect on the employee, measures of coercion, disciplinary action can be used in relation to him: bringing to administrative and material liability on the basis of the current norms of law, as well as the application of economic sanctions for violation of labor discipline. The administration of an enterprise, institution, organization can apply disciplinary sanctions: reprimand, reprimand, severe reprimand. The charters of enterprises and the regulations on subdivisions may also provide for other disciplinary sanctions for certain categories of workers and employees.

When imposing a disciplinary sanction, it is necessary to take into account the severity of the offense and the circumstances under which it was committed. It is also recommended to take into account the employee's behavior in the period preceding the violation of discipline.

In modern conditions, the main factor in maintaining high labor discipline at an enterprise can be the instilling in employees of a sense of moral and material responsibility for the success of the work of departments and all personnel in general. Where the heads of enterprises and their divisions show concern for personnel, combining this with high exactingness, supported by measures of moral and material impact on people, there should be expected good results of work.

Grassroots leaders play a major role in strengthening labor discipline. structural units- foremen and foremen, heads of groups, sectors, departments, etc., who are most closely related to the work and life of workers, directly affect the production activity and the state of workers.

To solve the problems of strengthening labor discipline, such a form of social partnership as a collective agreement is used, which is a legal act that regulates social and labor relations between employees and the employer. The content of the collective agreement may include mutual obligations of the employer and employees on issues of wages, monetary remuneration, benefits, compensations, labor conditions and safety, benefits for students on the job, taking into account the fulfillment of the indicators specified in the agreement. Non-observance and non-fulfillment of such indicators, naturally, should affect the material conditions of the violators of discipline.

The daily work of maintaining and strengthening labor discipline is a constant concern of the administration. The whole environment at the enterprise should contribute to the observance of labor discipline and thereby contribute to the successful solution of the tasks facing him.

Many organizations neglect the elementary safety requirements, do not comply with technological standards of production, put up with low labor and performance discipline, lose sight of the fact that strengthening discipline and law and order is the most important basis for ensuring public safety, accelerating the socio-economic development of the country, and improving people's lives. This fragmentation of discipline is important for the organization of work in each specific case.

In legal terms, labor discipline at an enterprise is a set of organizational and legal measures that ensure the order of labor activity and reflect the measures of exactingness to each employee.

Labor discipline can be outside the organization, for example, a railway manager, being outside his office, must observe certain forms of behavior, also applies to prosecutors and other law enforcement officials. Any joint work requires organization, and this requires the establishment of rules, and therefore it is clear that the labor process of a large number of workers is impossible without labor discipline. It consists not only in the timely appearance / leaving of work, but it is necessary to observe technological discipline, technical rules and certain organizational rules, all this together adds up to a certain order that must be observed by all participants in the work. The issue of labor discipline in our country has always been one of the most difficult to solve. Despite the fact that under the USSR there were quite harsh measures, when there was a period, criminal liability was provided for being late by 20 minutes.

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