Labor disputes liability under labor law. Labor disputes. Grounds and reasons

Ensuring the activities of the employer requires the establishment of labor discipline, the obligatory subordination of employees to local regulations.

Labor discipline is compulsory for all employees to comply with the rules of conduct determined in accordance with federal laws, collective bargaining agreements, local regulations, an employment contract.

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

Employee incentives and disciplinary actions are used to maintain labor discipline. In labor law, such types of incentives are used as announcement of gratitude, bonuses, rewarding with valuable gifts, certificates of honor, presentation to the title of the best in the profession. The employer can also apply such types of incentives that are not listed in the labor legislation.

For committing disciplinary offense, i.e. non-fulfillment or improper performance by the employee through his fault of the labor duties assigned to him, the employer has the right to apply such disciplinary sanctions as reprimand, reprimand, dismissal. For some categories of employees, there are such types of disciplinary sanctions as a warning about incomplete official compliance (for example, for civil servants, employees of internal affairs bodies), a severe reprimand (for example, for employees of internal affairs bodies, the Prosecutor's Office, the Investigative Committee) and some others. The application of disciplinary sanctions not provided for by law (for example, fines, compulsory work) is not allowed.

Before application disciplinary action the employer must request a written explanation from the employee. If after two working days the specified explanation is not provided by the employee, then an appropriate act is drawn up. A disciplinary sanction is applied no later than one month from the day the offense was discovered, not counting the time of the employee's illness, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees and no later than six months from the day the offense was committed, and based on the results of the audit, verification financial and economic activities or audit - no later than two years from the date of its commission. Only one disciplinary sanction may be applied for each disciplinary offense.

The parties to an employment contract are responsible for their behavior. And if only an employee can be held liable for a disciplinary offense, then financial responsibility are borne by both sides of the employment relationship.

Material liability of a party to an employment contract occurs for damage caused by it to the other party to this contract as a result of its guilty illegal behavior (actions or inaction), unless otherwise provided by federal laws.

The employer bears material responsibility in cases of deprivation of the opportunity to work, damage to the employee's property, delay in wages and other payments, causing moral harm to the employee.

The employee's liability is limited. The employee is obliged to compensate the employer for the direct actual damage caused to him. Lost income (lost profits) are not subject to collection from the employee. In addition, the employee is liable for material damage caused to the employer only in the amount of his average earnings. However, there are also cases of full financial liability of the employee. These include, for example, cases of intentional damage; causing damage in a state of intoxication, as a result of criminal actions of an employee, administrative violation; disclosure of information constituting a secret protected by law; causing damage not in the performance of the employee's work duties. The financial responsibility of the head of the organization is always complete. Full liability can be individual or collective.

Labor legislation establishes mandatory order bringing to financial responsibility. Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an inspection to establish the amount of damage caused and the reasons for its occurrence, to demand a written explanation from the employee to establish the cause of the damage. In case of refusal or evasion of the employee from providing the specified explanation, a corresponding act is drawn up. The recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly salary, is carried out by order of the employer. The order can be made no later than one month from the date of the final determination of the amount of damage caused. If the monthly period has expired or the employee does not agree to voluntarily compensate for the damage caused, and the amount of damage caused to be collected from the employee exceeds his average monthly salary, then recovery can only be carried out by a court. The labor dispute settlement body may, taking into account the degree and form of fault, the financial situation of the employee and other circumstances, reduce the amount of damage to be recovered from the employee.

To ensure the real protection of the rights and legitimate interests of the parties to the employment relationship, special guarantees and measures to protect them are needed. The parties to the employment relationship have the ability to protect their rights. A special emphasis in labor law is placed on the protection of workers' rights. There are such ways of protecting workers 'rights as self-defense, protection of workers' rights by trade unions, human rights organizations, means mass media, public authorities, including the courts, conducting public events, contacting international bodies.

For the purpose of self-defense of labor rights, an employee, having notified the employer or his immediate supervisor or another representative of the employer in writing, may refuse to perform work not provided for by the employment contract, as well as refuse to perform work that directly threatens his life and health, except in cases stipulated by laws.

Workers' rights are protected by trade unions. An interregional, as well as a territorial association (association) of trade union organizations operating on the territory of a constituent entity of the Russian Federation can create legal and technical labor inspections of trade unions. The opinion of the trade union should be taken into account by the employer when adopting local regulations, dismissing employees who are members of the trade union. However, the employer is not obliged to agree with the opinion of the union.

The protection of workers' rights is carried out by the prosecutor's office, the state labor inspection and other bodies (for example, the bodies of sanitary and epidemiological, energy supervision).

Various labor disputes may arise within the framework of labor legal relations. In order to protect the rights and legitimate interests of the parties to the employment relationship, there must be a mechanism for resolving such disputes. There are individual and collective labor disputes.

Individual labor disputes are considered by labor dispute commissions, formed from an equal number of representatives of employees and the employer, and by courts. The decision of the labor dispute committee can be appealed by the employee or employer in court within ten days. Some categories of individual labor disputes are dealt with only by courts. These are, for example, labor disputes on applications: an employee - about reinstatement at work, about transfer to another job, about illegal actions (inaction) of the employer when processing and protecting the employee's personal data; employer - on compensation by the employee for damage caused to the employer; about refusal to hire; persons working under an employment contract with employers - individuals not individual entrepreneurs, and workers of religious organizations.

Collective labor disputes, unlike individual ones, are not considered by courts. The resolution of such disputes is carried out by conciliation commissions, consisting of an equal number of representatives of workers and employers, with the participation of mediators, as well as in labor arbitration established by the parties to the labor dispute jointly with the state body for the settlement of collective labor disputes.

If the conciliation procedures did not lead to the resolution of the collective labor dispute, or the employer (his representatives) does not fulfill the agreements reached by the parties to such a dispute in the course of its resolution, or does not comply with the decision of the labor arbitration, then the workers or their representatives have the right to start organizing the strike. Strikes in some organizations and certain categories of workers are prohibited.

The head of the organization bears full financial responsibility for direct actual damage caused to the organization (Art. 277 Labor Code). The Supreme Court points out that since the full financial responsibility of the head of the organization is established by law, the employer has the right to demand compensation for damage in full, regardless of whether the organization's contract with the head contains such responsibility or not. At the same time, the issue of the amount of compensation for damage (direct actual damage, losses) is decided on the basis of the federal law in accordance with which the manager is financially liable (for example, on the basis of Article 277 of the Labor Code, or paragraph 2 of Article 25 of the Federal Law "On State and municipal unitary enterprises ").

The Supreme Court also emphasizes that in Russia full financial responsibility can be assigned to the deputy head of the organization or to the chief accountant, but only on condition that this is established by an employment contract (part 2 of article 243 of the Labor Code). If the employment contract does not stipulate that these persons, in the event of damage, are fully financially liable, then in the absence of other grounds giving the right to bring these persons to such liability, they can be liable only within the limits of their average monthly earnings.

17. Labor disputes

See Trade Unions and Collective Bargaining and Trade Unions and Collective Bargaining above for more information on collective bargaining disputes.

Individual labor disputes that have not been resolved through negotiations by the parties may be referred to a labor dispute committee. Employees who are still in employment or have been fired have the right to be plaintiffs in such cases. Applicants for a position who have been denied employment are also eligible to file a claim.

Labor Dispute Commissions

Labor dispute commissions are formed individually in each company by the representatives of the employees and the employer. The creation of a commission is not a mandatory requirement of the law, but if the employer received a proposal in writing to create a commission for labor disputes (or vice versa - an employee), he has no right to refuse (Art. 384 Labor Code). If such a commission is not created in a particular company, then disputes are immediately sent to the courts.

The Labor Dispute Commission has the right to consider labor disputes that are not attributed to the exclusive competence of the courts (Art. 391 Labor Code).

An employee or employer has the right to appeal against the decision of the labor dispute commission in court within ten days from the date of delivery of a copy of the commission's decision. In case of missing the established period for valid reasons, the court may restore this period. If the individual labor dispute is not considered by the labor dispute committee within ten days, the employee has the right to transfer its consideration to the court (Art. 390 Labor Code).

The decision of the commission, which has entered into legal force, must be executed within 3 days. In case of non-fulfillment of the decision of the commission voluntarily, the commission issues a certificate to the employee, which is an executive document. An employee can apply for a certificate within one month from the date of the decision by the labor dispute committee.

The certificate is presented to the bailiff no later than three months from the date of its receipt (Art. 389 Labor Code).

Courts

The courts consider individual labor disputes based on the applications of an employee, employer or trade union, when they disagree with the decision of the labor dispute commission, or when the employee goes to court, bypassing the labor dispute commission, as well as on the application of the prosecutor, if the decision of the labor dispute commission does not comply with labor legislation and other acts containing labor law norms (Art. 391 Labor Code). Consideration of all types of labor disputes is attributed to the competence of courts of general jurisdiction, and not arbitration courts.

Only a court can consider disputes based on an application:

Worker:

• about reinstatement at work
• on changing the date and wording of the reason for dismissal
• about transfer to another job
• about payment for time forced absenteeism or on the payment of the difference in wages for the time of performing a lower-paid job
• about the unlawful actions of the employer in the processing and protection of the employee's personal data;
• about refusal to apply for a job.

Employer:

• on compensation by the employee of damage caused to the employer

• Persons working under an employment contract for employers - individuals who are not individual entrepreneurs

• Workers of religious organizations

• Persons who believe that they have been discriminated against.

All claims filed after July 30, 2008 are considered by the district courts. Previously, some of them were considered by justices of the peace.

Employees are not required to pay state duties in cases related to labor disputes (Art. 333.36 of the Tax Code). Consequently, the barrier to commencement of consideration of labor disputes in courts is quite low.

In general, jurisprudence (at least published decisions) is viewed with a strong bias in favor of workers.

The employer needs to keep in mind that violation of the employee's labor rights may result in the recovery from him of compensation for moral damage (Articles 237, 394 of the Labor Code, see also Resolution of the Plenum of the Supreme Court of the Russian Federation of 20.12.1994 N 10 "Some issues of application of legislation on compensation for moral damage "). It should be noted that the Supreme Court proceeds from the presumption of the existence of moral harm, i.e., in the opinion of the court, violation of the employee's rights inevitably entails moral and / or physical suffering, which gives him the right to monetary compensation for moral harm.

Thus, the only thing that can be disputed in such cases is the degree of suffering, which gives the right to more or less compensation, but not the infliction of non-pecuniary damage as such.

Clause 57 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts Russian Federation Labor Code of the Russian Federation "// Russian newspaper... N. 297.31.12.2006.

Resolution of the Plenum of the Supreme Court of the Russian Federation of November 16, 2006 N 52 "On the application by courts of legislation regulating the material liability of employees for damage caused to the employer" // Rossiyskaya Gazeta. No. 268, 29.11.2006.

Federal Law of 07.07.2003 N 126-FZ "On Communication" // Collected Legislation of the Russian Federation. 2003, No. 28, Art. 2895.

Resolution of the Government of the Russian Federation of November 14, 2002 N 823 // Collected Legislation of the Russian Federation. 2002, No. 47, Art. 4678.

Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85 // Rossiyskaya Gazeta, No. 25, 02/08/2003.

Clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 16, 2006 N 52 "On the application by courts of legislation regulating the material liability of employees for damage caused to the employer" // Rossiyskaya Gazeta. No. 268, 29.11.2006.

P. p. 9-10 Resolutions of the Plenum of the Supreme Court of the Russian Federation of November 16, 2006 N 52 "On the application by courts of legislation regulating the material liability of employees for damage caused to the employer" // Rossiyskaya Gazeta. No. 268, 29.11.2006.

Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises" // Collected Legislation of the Russian Federation, 2002, No. 48, Art. 4746.

Federal Law of 22.07.2008 N 147-FZ // Collected Legislation of the Russian Federation. 2008, No. 30 (part 1), Art. 3603.

Resolution of the Plenum of the Supreme Court of the Russian Federation of 20.12.1994 N 10 "Some issues of the application of legislation on compensation for moral harm" // Rossiyskaya Gazeta, No. 29, 08.02.1995.

"Labor Law", 2010, N 3

The majority of employees' appeals to the court with claims against employers regarding disciplinary action against employees are related to the fact that they do not agree that they have committed a disciplinary offense, or do not understand what their failure to comply with job duties... The conditions for the emergence of the employee's liability and the measures of disciplinary sanction are in the practice of Russian reality.

To date, the economy has developed two legal regimes for regulating labor relations: written labor law for state (budgetary) organizations and "ordinary" law for the new commercial sector. If in state organizations the Labor Code of the Russian Federation is mostly observed, then in the commercial sector it practically does not work at all.<1>... At small and medium-sized businesses, trade union organizations are usually not created, labor dispute commissions are not elected, that is, there are no bodies that should represent and protect the interests of workers. Legal insecurity, legal ignorance makes people accept any conditions of the employer. This situation contributes to the emergence of labor disputes.

Labor disputes related to the disciplinary liability of an employee are a disagreement between the employee who is subject to the disciplinary action and the employer who has taken the appropriate decision. Such a disagreement can be resolved directly between the parties to the dispute or by contacting the interested party with a labor dispute settlement body. These disputes arise on the application of legislation, local regulations in relation to an employee who has committed a disciplinary offense; on the correctness of the imposition of a disciplinary sanction, changes in the wording of the grounds and date of dismissal, compliance of the applied disciplinary sanction with the severity of the committed disciplinary offense, collection of funds for the period of forced absence.

Conditions for the occurrence of labor disputes

These are the factors that directly or indirectly contribute to a large number of labor disputes on the same issues or significantly aggravate the dispute that has arisen.<2>... The conditions of a labor dispute related to disciplinary responsibility, for example, include poor work organization, when workers do not clearly know their functional responsibilities so do not fulfill them. Level labor discipline reduces unorganized leisure, lack of formal living conditions, which also creates conditions for labor disputes<3>.

They can be legal in nature when there are gaps in the legislation, imprecise wording, evaluative concepts that allow for different interpretations. legal regulations disputing parties. All this leads to the complexity of the perception of labor legislation for the employee and the employer.

Note. Due to the fact that labor legislation does not disclose the concept of "immoral offense" and does not provide examples of those actions that can be considered immoral, there are different opinions about the definition of immoral behavior, which is one of the grounds for terminating an employment contract with an employee for whom educational functions are the main content of his work (clause 8, part 1, article 81 of the Labor Code of the Russian Federation; hereinafter - the Labor Code of the Russian Federation).

The answer to the question whether the employee committing an immoral misconduct is disciplinary or not, depends largely on the understanding of the employee's job responsibilities<4>... Immoral misconduct, for example, includes the use of educational methods related to physical or psychological impact <5>... This point of view is also consistent with judicial practice, which considers an immoral offense as foul language, mockery, offensive harassment, inducement to have sexual intercourse, physical or mental impact of an employee on a student, pupil (beatings, hit with a hand or any object)<6>etc.

But there is also a broader definition of an immoral offense, when not only the actions of the employee in relation to the pupil, the student, but also the behavior in everyday life, after work, are assessed. For example, drinking alcoholic beverages or appearing in in public places intoxicated, offending human dignity or public morality<7>.

In many cases, the case would not have reached the court if the Labor Code of the Russian Federation contained not only an approximate list of actions considered as immoral misconduct, but also an indication of the inadmissibility of dismissal on the basis of overall assessment the employee's behavior in the team and in everyday life or on the basis of non-specific or insufficiently verified facts, rumors, etc.

P.V. Trubnikov defines the causes of labor disputes as legal facts that directly caused disagreements between the employee (employees) and the administration<8>... Disclose in more detail the content of the term "reasons for a labor dispute" L.N. Anisimov and A.L. Anisimov - these are negative factors that cause a different assessment by the disputing parties of the exercise of subjective labor rights or the performance of labor duties, and thus give rise to disagreements between the subjects of labor relations. We can say that these are violations of any employee's rights or his obligations to the enterprise.<9>.

Many researchers point to some of the reasons for individual labor disputes. B.I. Ushkov, S.A. Goloshchapov, V.K. Kolosov et al. Distinguish the following groups of reasons for labor disputes: ideological (subjective), organizational and legal and organizational and economic nature<10>; M.V. Lushnikova - objective and subjective reasons and conditions<11>; L.N. Anisimov, A.L. Anisimov - subjective factors<12>.

IN AND. Smolyarchuk believes that disputes, as a rule, arise due to violations of the law<13>... Without a violation of rights, which actually took place or existed, in the opinion of one of the parties, a labor dispute does not arise. In turn, the reasons for these real or imaginary offenses will be the factors that are identified in the legal literature as the causes and conditions of labor disputes. Indeed, the emergence of the labor disputes under consideration, as a rule, is preceded by a labor offense, "that is, the guilty failure or improper performance by the obligated subject of his labor duties in the sphere of labor and distribution, and, consequently, violation of the rights of another subject of this legal relationship"<14>... At the same time, a dispute about the legality of the imposition of a disciplinary sanction may also arise if one party to the employment relationship acted within the law, and the other party assessed these actions as unlawful (the employer reprimanded the employee for being late for work, and the employee believes that his punished unfairly, since the delay was due to valid reasons). In any case, the presence or absence of a labor offense shall be established by the body considering the labor dispute.

According to S.Yu. Chuchi, disputes are caused by two groups of factors that differ in the type of causal relationship between them and the dispute: direct causal relationship (reason - labor dispute) and indirect (condition - reason - labor dispute)<15>... It is necessary to agree with the point of view of S.Yu. Chuchi that a dispute is caused to life by a set of conditions that must be considered in conjunction, while it is necessary to distinguish between the causes of labor disputes and the causes of offenses<16>.

In the scientific literature, attention is drawn to the fact that in modern conditions a new reason for the emergence of labor disputes has appeared and it is associated with the situation in the state as a whole. "The high level of inflation, the regulation of economic relations as opposed to the laws of management in market conditions leads to constant impoverishment of workers, a decrease in their living standards, which, in turn, causes the need for higher wages, which often the employer is not able to implement."<17>... In our opinion, it is more correct to attribute these circumstances to the conditions for the occurrence of labor disputes, since, as noted, they are of a nationwide nature and contribute to the emergence of tension and conflict not only in labor relations.

In individual labor disputes related to disciplinary liability, the reason may be manifested in the guilty actions of the employer violating labor law due to low legal culture, and in the actions of the employee when he disputes lawful actions employer. On the part of the employee, a negative attitude towards labor duties may appear in the form of absenteeism, drunkenness at work, poor-quality performance of production tasks, etc., which forces the employer to impose penalties on such an employee, which he begins to challenge<18>.

An employee in a judicial proceeding proves the fact of respectfulness of his absence from work

Example. On November 25, 2002, an electrician of the OJSC "Nizhniy Tagil Metallurgical Plant" K. was detained at the checkpoint of the plant in a state of alcoholic intoxication, about which an act was drawn up. The employee was dismissed under PP. "b" clause 6, part 1 of Art. 81 of the Labor Code of the Russian Federation only on December 27, that is, a month after the date of the disciplinary offense. By the decision of the Tagilstroyevsky District Court of the Sverdlovsk Region of March 17, 2003, K. was reinstated at work with payment for forced absence, since the term for the application of the penalty was missed<19>.

Analyzing judicial practice in cases of dismissal in the Ivanovo region, V.N. Tolkunova came to the conclusion that “the majority of labor offenses upon dismissal, and, consequently, labor disputes, are due to the lack of knowledge of labor legislation by the leaders with an unprincipled attitude towards this trade union committees" <20>... It should be noted that employees are also characterized by poor knowledge of labor legislation (even to a greater extent than for the employer), in particular, their labor rights and obligations, and methods of protection.

When analyzing the materials of court cases on the reinstatement of workers at work, one can also identify other violations by the employer of the procedure for dismissing an employee established by law.

Example. When considering the case on the reinstatement of the chief engineer of OOO Ural-NT, R., who was dismissed by order of November 14, 2005 for absenteeism, the court found that there were no reports or other documents confirming R.'s absence from the workplace; the employer did not draw up an act on the refusal of the employee to give explanations; the order of dismissal of November 14, within the 3-day period established by law, was not announced to the employee. As a result, the court concluded that the dismissal was illegal and satisfied the plaintiff's claims in full.<21>.

In a number of cases, the reasons for labor disputes related to the disciplinary responsibility of an employee are disagreements between the parties to the labor relationship regarding the assessment of the reasons for the employee's absence from work. The employer considers these reasons to be disrespectful and fires the employee for absenteeism. An employee in a judicial proceeding proves the fact of respectfulness of his absence from work. In the dispute that has arisen, the court is called upon to establish the truth.

Example. The assistant driver of the NTMK diesel locomotive A. did not go to work on the night of September 25 to September 26, 2005. On September 25, he felt bad, and in the evening he called an ambulance. A. refused hospitalization; on the morning of September 26, he did not go to the doctor, as he began to feel better. Thus, the employee did not have a document confirming his illness, and the employer fired him for absenteeism. The employee went to court. In the court, ambulance workers were heard, a certificate N 231 was presented that the ambulance team actually went to A. and stated that the patient was in a moderately severe condition. Thus, the court confirmed the respectfulness of A.'s absence from work. The employer in such a situation proposed to settle the dispute by changing the wording of the dismissal to "dismissal by on their own"and having paid compensation for the time of the forced absence<22>.

There may be cases when the employee refuses to perform the labor duties stipulated by the employment contract for health reasons.

Example. Electrician K. provided the employer with a medical report on the need to transfer to another job. The employer not only did not transfer him to an easier job, although there was one at the enterprise, but fired K., who did not go to work, according to pp. "a" clause 6, part 1 of Art. 81 of the Labor Code of the Russian Federation for absenteeism. By the decision of the Tagilstroevsky court of the city of N. Tagil, the employee's claim was denied. The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, having considered the cassation appeal of the plaintiff, canceled the decision of the district court, because the absenteeism that had arisen was forced for the employee. According to the medical report, the plaintiff could not perform the work of an electrician at a height. The employer did not agree to transfer K. to another workshop, where the working conditions correspond to the instructions of the doctors<23>.

Sometimes an employee does not go to work, sincerely believing that he is acting in accordance with the law.

Example. By order of 03.01.2006, the electrician of OJSC "NTMK" V. was dismissed for absenteeism from 4 December 2005. At the hearing the plaintiff explained that he did not go to work due to his layoff. On November 10, 2005 V. was warned against signature about the reduction of his post. Employees at general meeting explained that they have been working for another 2 months, and then the question of their employment in the sanatorium-preventorium of the enterprise is being decided upon in the presence of a personal application or dismissal. On November 28, an order was issued to lay off a number of workers from November 30, but V.'s name was not in it. Thus, the court did not find confirmation of the fact that V. was dismissed; he was delusional about the legality of his absence from the workplace. As a result, the claims were not satisfied by the court.<24>.

Thus, the resolution of labor disputes, including those related to the disciplinary responsibility of an employee, requires knowledge of the essence of the case, clarification of its parties, determination of their legal status, reasons and conditions of occurrence, circumstances of disagreements and their subject matter. In addition, knowledge of the reasons and conditions for the occurrence of labor disputes makes it possible to develop a legal mechanism for preventing disputes, and to carry out preventive measures.

S.A. Ustinova

Department of Documentation

If, as a result of improper performance of labor duties by one of the parties to the employment contract, the other party suffers damage, material liability arises. The employer is obliged to reimburse the employee for the earnings not received by him in all cases of illegal deprivation of the employee of the opportunity to work, for example, if: the employee is unlawfully suspended from work, dismissed or transferred to another job; the employer refused to comply or failed to comply with the decision of the labor dispute settlement body or the state legal labor inspector to reinstate the employee in his previous job; the employer delayed the issuance of a work book to the employee, entered it into work book incorrect or inconsistent with the legislation the wording of the reason for the dismissal of the employee and in other cases provided for by federal laws and the collective agreement.

Responsibility in labor law

The general one is to impose on the employee the disciplinary sanctions provided for. Labor Code of Ukraine and internal labor regulations. Certain categories of employees are subject to special disciplinary liability for disciplinary regulations and discipline regulations.

For violation of labor discipline, only one of two types of penalties can be applied to an employee - reprimand or dismissal. Legislation, charters and discipline regulations may provide for other disciplinary penalties for certain categories of employees. This applies to prosecutors and investigators, judges, officials in railway transport, communications, mining enterprises too. Disciplinary sanctions are applied by the body that has been granted the right to hire (elect, approve and appoint) an employee.

Labor legislation provides for two types of material liability of employees: limited and full. The main type of employee liability is limited liability. It consists in the obligation of the employee, through whose fault the damage was caused, to compensate the employer with a direct valid damage, but not more than his average monthly earnings.
Direct actual damage is understood as loss, deterioration or decrease in the value of property, the need for an enterprise to incur expenses for restoration, acquisition of property or other valuables, or to spend unnecessary ones, i.e. cash payments caused as a result of violation of labor obligations by the employee. Income not received is not reimbursed. Full material liability, without limitation by any border, for harm caused by the employee, is provided for in Article 134. Labor Code.

Topic 5.3. labor liability

Direct actual damage means a real decrease in the employer's cash assets or deterioration of the specified property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make costs or unnecessary payments for the acquisition or restoration of property. The employee is financially liable both for direct actual damage directly caused by him to the employer, and for the damage incurred by the employer as a result of compensation for damage to other persons. Topics for projects, abstracts and discussions 1. Strikes - "for" and "against".
2. Wage and labor discipline.

The concept and types of liability under labor law

If after 2 working days the specified explanation is not provided by the employee, then an appropriate act is drawn up. The employee's failure to provide an explanation is not an obstacle to disciplinary action. A disciplinary penalty is applied no later than 1 month from the date of discovery of the offense.

Attention

A disciplinary sanction cannot be applied later than 6 months from the date of the misconduct, and based on the results of an audit, inspection of financial and economic activities or an audit - later than 2 years from the date of its commission. Only one disciplinary sanction may be applied for each disciplinary offense. The employer's order (order) on the application of a disciplinary sanction is announced to the employee against signature within 3 working days from the date of its issuance, not counting the time the employee is absent from work.

Consequently, the basis for disciplinary liability is always a disciplinary offense committed by a specific employee. In accordance with Art. 189 of the Labor Code of the PMR, a disciplinary offense is a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him. If an employee commits a disciplinary offense, the employer has the right to apply the following disciplinary sanctions: 1) comments; 2) a reprimand; 3) dismissal on appropriate grounds; 4) transfer to a lower paid job for up to 3 months or displacement to a lower position for the same period.
Other types of disciplinary sanctions may be provided for by laws, charters and discipline regulations for certain categories of employees. Before a disciplinary action is taken, the employer must request a written explanation from the employee.
With limited liability, the maximum amount of compensation for damage caused is limited to the established limits of the salary of the employee who caused the damage. The main type of limited liability is liability in the amount of actual damage, but not more than the average monthly earnings of the employee. It occurs in all cases of damage caused by the employee, except for cases when the legislation establishes higher limits.
In addition to full liability, the damage caused is recovered in full without any restrictions by the limits of wages. It occurs in cases established by law (Art.

§ 7. legal liability in labor law

Info

What are labor disputes? What are the reasons for their occurrence? 2. What is a labor dispute commission, how is it formed and works? 3. How does the conciliation commission work? 4. What is a strike? 5.

Obligation of the party to the employment contract to compensate for the damage caused by it to the other party to this contract.The party to the employment contract (employer or employee) that caused damage to the other party shall compensate for this damage in accordance with this Code and other federal laws.

Labor liability

Disciplinary responsibility of employees. One of the duties of employees is the proper performance of labor duties, the rules of the internal labor schedule, which is included in the concept of labor discipline. If the employee violates labor discipline through his fault and commits a disciplinary offense, he is brought to disciplinary responsibility. Employee disciplinary liability is a type of legal liability that is imposed for misconduct. Disciplinary liability is an employee's obligation to suffer adverse consequences provided for by labor law for guilty, unlawful failure to perform or improper performance of his job duties. Employees who have committed a disciplinary offense may be brought to disciplinary responsibility.

Labor liability presentation

Since, unlike rest and entertainment, work requires from the person employed by him very significant volitional, mental, physical efforts, it is far from always and not everyone succeeds in the process labor activity to be at the height of the accepted norms of behavior. This determines the importance of maintaining labor discipline at a certain required level. Labor discipline is compulsory for all employees to comply with the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, collective agreements, local regulations of the organization. The content of labor discipline includes requirements for employees to work honestly, conscientiously, timely and accurately follow the orders of the employer, comply with safety regulations, labor protection requirements, take care of material values, etc.

Liability under labor law at a glance

Important

These include: 1. Conclusion between the employee and the owner of a written agreement on full financial liability (clause 1 of article 134) 2. Receipt of property and other valuables by the employee on account of a one-time power of attorney or other one-time documents (clause 2 of article 134) 3 . Damage caused by the actions of the employee that have signs of acts prosecuted in a criminal procedure (p.

Liability under labor law abstract

The party to the employment contract (employee or employer) that caused damage to the other party shall compensate this damage in accordance with the Labor Code of the PMR and other laws. An employment contract or agreements concluded in writing attached to it may specify the material responsibility of the parties to this contract. At the same time, the contractual responsibility of the employer to the employee cannot be lower, and the employee to the employer - higher than that provided for by the Labor Code of the PMR or other laws.

Termination of an employment contract after causing damage does not entail the release of the party to this contract from material liability provided for by the TMR Labor Code or other laws. Material liability of the employer to the employee: 1) the employer is obliged to compensate the employee for the earnings not received by him in all cases of illegal deprivation of his opportunity to work.

Right. 10-11 grade. Basic and advanced levels Nikitina Tatiana Isaakovna

Section 59. Labor disputes. Responsibility for labor law

Labor disputes are subdivided into individual and collective.

The right to individual and collective labor disputes using the methods for resolving them established by federal law, including the right to strike, is recognized.

Constitution of the Russian Federation, art. 36, h. 4

Individual labor dispute represents unresolved disagreements between the employer and the employee on the application of laws and other regulatory legal acts containing labor law, collective agreement, agreement, labor contract, which are declared to the body for considering individual labor disputes, the rights and obligations of the parties to the labor contract. The subject of individual labor disputes is the rights and interests of specific employees.

Collective labor dispute- these are unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative the body of the organization's employees when adopting acts containing labor law norms. The subject of collective labor disputes is the rights and interests of the labor collective or collectives of two or more enterprises.

Individual labor disputes are resolved by labor dispute commissions (CCCs) and courts. Collective labor disputes are resolved by conciliation commissions and / or labor arbitration.

Labor Dispute Commission is formed on the initiative of employees and (or) employers from an equal number of representatives of employees and employers. Employee representatives in the CCC are elected at a general meeting (conference) of employees or delegated by a representative body of employees. The members of the commission elect a chairman and a secretary. If the enterprise is large, the CCC can be elected to its structural divisions(workshops, laboratories, etc.).

To resolve a collective labor dispute within three days, a conciliation commission as a joint body of the disputing parties (from representatives of the parties to a collective labor dispute on an equal basis). The commission is obliged to consider the labor dispute within five working days from the date of its creation. In the event that no agreement is reached, the disputing parties continue conciliation procedures with the participation of an intermediary and (or) in labor arbitration.

In the event that no agreement is reached in the conciliation commission and labor arbitration, it is possible to apply such a measure for resolving a labor dispute as strike, which is a temporary voluntary refusal of employees to perform their labor duties (in whole or in part) in order to resolve a collective labor dispute. A strike is an ultimatum action by a collective of workers or a trade union, an active form of pressure on an employer. The law determines which strikes are legal and which are illegal. In particular, they are illegal and strikes are not allowed:

During periods of introduction of martial law or a state of emergency or special measures; in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations, in law enforcement agencies; in organizations directly serving highly hazardous types of industries or equipment; at stations of ambulance and emergency medical care;

In organizations related to ensuring the life of the population (energy supply, heating, heat supply, gas supply, aviation, rail and water transport, communications, hospitals).

Since, unlike rest and entertainment, work requires a very significant volitional, mental, physical effort from the person employed by it, not always and not everyone succeeds in the process of working to be at the height of the accepted norms of behavior. This determines the importance of maintaining labor discipline at a certain required level.

Discipline of work - it is mandatory for all employees to comply with the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, the collective agreement, local regulations of the organization. The content of labor discipline includes requirements for employees to work honestly, conscientiously, timely and accurately follow the orders of the employer, comply with safety regulations, labor protection requirements, take care of material values, etc.

For the conscientious performance of labor duties, the employer applies the following incentives:

Announcement of gratitude;

Award issuance;

Rewarding with a valuable gift;

Awarding with a certificate of honor;

Submission to the title of the best in the profession.

Other incentives may also be provided for by the internal labor regulations, collective agreements, charters and discipline regulations. For special labor services to society and the state, employees can be nominated for state awards.

For the commission of a disciplinary offense, that is, failure to perform or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

Comment;

Rebuke;

Dismissal on appropriate grounds. Federal laws, statutes and discipline regulations may provide for other disciplinary sanctions for certain categories of employees.

If, as a result of improper performance of labor duties by one of the parties to the employment contract, the other party suffers damage, material liability.

The employer is obliged to compensate the employee for the earnings not received by him in all cases of illegal deprivation of the employee of the opportunity to work, for example, if:

The employee is unlawfully suspended from work, dismissed or transferred to another job;

The employer refused to comply or failed to comply with the decision of the labor dispute settlement body or the state legal labor inspector to reinstate the employee in his previous job;

The employer delayed the issuance of a work book to the employee, entered in the work book an incorrect or non-legal formulation of the reason for the employee's dismissal and in other cases stipulated by federal laws and the collective agreement.

In accordance with the Labor Code of the Russian Federation, an entrepreneur is financially liable in case of violation of the established deadline for the payment of wages, vacation pay, dismissal payments and other payments due to the employee. In these cases, he is obliged to pay the debt with payment monetary compensation, the amount of which is determined by the collective agreement or labor agreement.

The employee has the right to receive compensation from the employer for causing moral harm to himself by unlawful actions or inaction of the latter.

Material liability of employees there are two types: limited and complete. At limited material liability provides for compensation for damage in an amount not exceeding the average monthly earnings of the employee. In this case, the entrepreneur has the right, taking into account the specific circumstances in which the damage was caused, to completely or partially refuse to recover the damage. Full material liability occurs when a special written agreement on such liability is concluded between the employee and the enterprise (then the employee pays compensation for all damage, without correlating it with the average monthly salary).

Exists three procedures for compensation for damage by an employee: voluntary, by order of the employer and judicial. In case of employee refusal voluntarily to compensate for the damage, the employer gives an order to withhold the amount of damage from the employee's salary (if the amount of damage does not exceed his average monthly earnings). If the amount of damage exceeds the employee's monthly earnings, the judicial procedure for damages(the employer can go to court).

Questions for self-control

1. What are labor disputes? What are the reasons for their occurrence?

2. What is a labor dispute commission, how is it formed and works?

3. How does the conciliation commission work?

4. What is a strike?

5. In what cases are strikes not allowed?

6. What is labor discipline?

7. What incentives are provided for exemplary performance of work duties?

8. What is disciplinary responsibility?

9. What is the material responsibility of the employer?

Examining documents

Labor Code of the Russian Federation (Extracts)

Article 232. Obligation of a party to an employment contract to compensate for damage caused by it to the other party to this contract

The party to the employment contract (employer or employee) that caused damage to the other party shall compensate for this damage in accordance with this Code and other federal laws.

An employment contract or agreements concluded in writing attached to it may specify the material responsibility of the parties to this contract. In this case, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer - higher than that provided for by this Code or other federal laws.

Termination of an employment contract after causing damage does not entail the release of the party to this contract from material liability provided for by this Code or other federal laws.

Article 238. Material liability of an employee for damage caused to the employer

The employee is obliged to compensate the employer for the direct actual damage caused to him. Lost income (lost profits) are not subject to collection from the employee.

Direct actual damage means a real decrease in the employer's cash assets or deterioration of the specified property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make costs or unnecessary payments for the acquisition or restoration of property.

The employee is financially liable both for direct actual damage directly caused by him to the employer, and for the damage incurred by the employer as a result of compensation for damage to other persons.

Topics for projects, abstracts and discussions

1. Strikes - for and against.

2. Wages and labor discipline.

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