Strict adherence by employees to established policies and measures. Why does a person need to comply with the requirements of discipline? The obligation of the employee to observe labor discipline

Therefore, there are three types of disciplinary offenses:

  • culpable violation by an employee of technological standards ( technological);
  • Guilty non-fulfillment or improper observance by the subject of labor law of the norms of subordination and coordination in the process of labor management ( managerial);
  • culpable non-observance by the subject of an employment relationship of the norms governing working hours and rest time ( regime, i.e. violating the "working hours" - Art. 100 of the Labor Code of the Russian Federation).

The type of disciplinary offense affects the procedure for establishing circumstances indicating non-fulfillment or improper observance by the employee of his labor duties.

So, when producing defective products, the fault of the employee is established in case of violation of technological standards, absenteeism, being late for work, unproductive use of working time (guilty violation by the employee of the working time regime). Investigation of managerial misconduct involves the establishment of the guilty in the employee's failure to comply with the legal order of the head of the production process.


Nevertheless, in our society cases of violation of labor, production and technological discipline are not uncommon. The economy still suffers from the loss of working time due to tardiness, absenteeism, drunkenness and other violations of discipline. To maintain and strengthen labor discipline, methods of persuasion and coercion are combined. Persuasion is the main activity in the regulation of social relations, it is associated with the widespread use of educational measures and incentives for work. Coercion is a method of influencing violators of labor discipline. Here apply measures of social and disciplinary influence. Discipline is provided, first of all, by the conscious attitude of workers to work and encouragement for conscientious work. The following incentive measures are envisaged: gratitude, issuance of an award, awarding a valuable gift, awarding a certificate of honor.

Labor discipline

Attention

A special place in strengthening labor discipline is acquired by the ability to correctly use incentives to work and realize the economic interests of workers. It is impossible to strengthen labor discipline, to increase the activity of people, without showing attention to their living conditions, to personal interests. Material interest is closely connected with the social and production activities of people.


It is an incentive to work. A characteristic feature of the modern incentive system is that the remuneration of workers directly depends not only on the results of their individual work, but also on the overall results of the work of all the personnel of the enterprise. Conscious discipline arises on the basis of understanding by the personnel of the enterprise of unity of purpose, which is based on a sense of mutual responsibility of employees for the performance of the work entrusted to them.

Ways and methods of strengthening labor discipline

Important

Such an order on labor discipline is general for the enterprise and is mandatory for execution. Methods of strengthening labor discipline. It is possible to understand the state of compliance with labor discipline at the enterprise only by conducting an appropriate analysis: monitoring the performance of work duties by employees, compliance with the daily routine, labor protection rules and instructions for working with equipment, and the like. On the basis of such an analysis, it is possible to draw conclusions about the “weak link” of the enterprise and even then develop and apply appropriate measures to strengthen labor discipline.


Such activities include, for example: regular training of personnel in order to improve their skills; introduction of additional incentives; strict control of delays (for example, through the introduction of an electronic pass system); Recruitment of personnel for work only on a competitive basis.

Ways to improve labor discipline

The Labor Code of the Russian Federation lists the following incentives:

  • gratitude announcement;
  • issuance of an award;
  • rewarding with a valuable gift;
  • awarding an honorary diploma;
  • presentation to the title of the best in the profession.

This list is exemplary; internal labor regulations, charters and discipline regulations may provide for other incentives. For special labor services to society and the state, employees can be nominated for state awards. Measures of disciplinary action Providing for incentive measures applied to employees who conscientiously perform their labor duties, labor legislation also establishes disciplinary measures for violators of labor discipline.

Effective methods of ensuring labor discipline

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

Labor discipline as a principle of labor law is understood as a guiding principle that permeates all norms of labor law and is associated with the fulfillment of the obligation to observe labor discipline. As an institution of labor law, labor discipline in an objective sense is a set of legal norms that regulate the internal labor regulations of the organization, establish the labor duties of employees and the employer, determine methods for ensuring labor discipline, incentives for success in work and responsibility for guilty failure to fulfill these duties.

34 labor discipline: the concept and methods of its strengthening

The law provides, and guarantees for the employee from the imposition of unauthorized and undeserved measures. Rules of labor discipline. Since labor discipline and its observance are decisive factors in the labor relations between the employer and the employee, each enterprise must have internal documents that must record the norms of behavior for each employee of the enterprise, the requirements for the work they perform and the working day, and so on. This requirement is reflected in law and is mandatory for every head of the enterprise. The labor schedule and labor discipline of the employees of the enterprise are prescribed in the internal labor regulations, the draft of which is developed by the management of the enterprise and adopted in agreement with the labor collective (either with the trade union committee, or with the council of workers, or at a general meeting of workers).

Labor discipline at the enterprise and methods of ensuring it

Only one penalty may be imposed for one misdemeanour. An entry is made in the work book only about the dismissal of the employee. To the content Incentive measures Incentive measures, as already mentioned above, include material (bonuses, allowances, valuable gifts) and non-material (letters of honor, presentation to local and state awards, honorary titles) actions. The procedure for encouraging employees at the enterprise is established by management. To the content Strengthening labor discipline In order to determine the state of the implementation of labor discipline at the enterprise, there is a special formula that calculates the coefficient of labor discipline by determining the number of violators from the total number of the average number of employees of the enterprise and by calculating the percentage of lost working time.

Methods for strengthening labor discipline

The leading place is occupied by the method of persuasion as the main way to strengthen labor discipline, since it is the principle of the employee's behavior in the labor process, the principle of consciousness and self-discipline. The method of education is used mainly as an auxiliary means of ensuring labor discipline. Its main purpose is to instill in the employee a sense of conscientious and honest attitude to work.


Methods of persuasion, education, as well as encouragement for conscientious work can be both moral and material in nature and are applied by the administration jointly or in agreement with the trade union body of the enterprise. The rules of the internal labor regulations of each given labor collective are approved by them on the proposal of the administration and the trade union body.

Legal regulation of labor discipline

The internal labor regulations of an organization are a local normative act of an organization that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and incentives applied to employees. penalties, as well as other issues of regulation of labor relations in the organization. Strengthening labor discipline Labor discipline in organizations is ensured by the creation of the necessary organizational and economic conditions for normal high-performance work, a conscious attitude to work, methods of persuasion, education and encouragement. In relation to individual unscrupulous employees, if necessary, disciplinary measures are applied.

Legal means of strengthening labor discipline

  • performance of their work duties not in full, not in accordance with the established quality criteria;
  • disclosure of commercial secrets of the enterprise;
  • violation of labor protection rules that led to an accident or an accident;
  • refusal to undergo training or a medical examination, if it is necessary for the high-quality and qualified performance of work duties;
  • direct disregard for the orders of the head;
  • violation of subordination;
  • deliberate failure to comply with the requirements of instructions and orders.
  • rebuke;
  • comment;
  • dismissal.

The imposition of disciplinary sanctions not provided for by federal laws is not allowed.

One of the main aspects of management psychology is the issue of discipline. It's no secret that in many companies, this is a sore subject, which, as a rule, does not reach the hands of HR managers. However, it is worth paying special attention to this factor, since it directly affects the quality and efficiency of work.

Disciplinary impact of the HR manager

So, discipline is a process that is associated with the behavior of an employee at work. If the staff does not follow the rules adopted in the office, then here we can talk about a violation of discipline.

When we talk about a violation of discipline, we mean by this a violation of the so-called expected behavior. The HR manager and other employees of the company expect appropriate behavior from their colleagues. And if one of the workers violates generally accepted ideas, then the entire mechanism of interaction is violated.

The purpose of an HR manager's discipline is not just to help the employee understand that they really have problems with the performance of job duties, but also to explain that there is always a good opportunity to correct the situation and restore discipline. This, in turn, implies certain efforts of the HR manager, which must be applied so that the employee can correct the problem that has arisen for him.

However, it is worth remembering that disciplining employees does not mean punishing them. First of all, the HR manager must get to the bottom of the problem. Sometimes he can tell the employee the way to solve the problem. The disciplinary work of a human resources manager is most successful when it helps the individual to become an effective successful employee of the organization. This implies another rule - do not forget to praise the employee for successful work. You will say only two or three words, but this may be enough for the employee to spread his wings and want to achieve more.

In the event of non-compliance with the methods adopted by the HR manager to restore disciplinary behavior, the organization can legally, and in accordance with all regulatory documents, fire inefficient or unwilling employees.

Psychodiagnostic tests of professional activity can help an HR manager to understand the situation. They allow you to study the professional interests of a person with the help of indirect questions, based on the use of special psychological tests, which allows you to get deeper into the specifics of the professional orientation of the individual and makes it possible to identify the degree of its severity.

It is no secret that for a certain type of work, a preliminary diagnosis of volitional qualities is necessary. In order for an HR manager to be able to help an employee form a will, learn self-regulation and cultivate the necessary volitional qualities, it is necessary to first evaluate these qualities using such tests.

How to establish discipline

Below are some tips on how to discipline an employee.

    Recommend the employee to comply with certain requirements regarding the performance of work and establish with him a common understanding of these requirements. For example, for you to have lunch for a short time may mean half an hour, but for him - one and a half. Therefore, it is necessary to come to a common understanding of certain issues of discipline.

    If the employee has not changed his behavior, verbally reprimand the employee for unprofessional performance of work duties. Remember that such reprimands are made to the employee in private. In no case should an HR manager expose an employee's criticism for show, otherwise this can only aggravate the situation. Would you like to be scolded like a little one? Call the employee to your office and talk to him seriously, guarding a confidential tone and expressing a willingness to help.

    When an employee does not respond even to verbal reprimands, the HR manager should warn the employee in writing about the need to control his work discipline. A written warning always looks much more serious than a verbal one, so it should have more effect.

As a rule, such attention from the HR manager is appreciated by employees, and, most likely, they will meet you halfway. Do not forget that all this must be done not in a condescending manner, but in a friendly way helping a colleague.

If you, as an HR manager, have taken all the above steps, but have not achieved a result, then you just have to fire such a negligent employee.

Each enterprise, organization or institution must have certain rules and norms of behavior. They help to maintain the necessary order in the enterprise and ensure high efficiency of the work of the staff.

Labor discipline is a necessary condition for any collective labor, regardless of the sector of the economy, the organizational and legal form of organization and the socio-economic relations of the society in which it takes place. Without the subordination of all participants in the labor process to a certain routine, without observing the labor discipline established in the organization, it is impossible to achieve the goal for which the joint labor process is organized.

The purpose of this course work is to develop measures that will maintain the required level of labor discipline and staff responsibility. To achieve this goal, the following tasks were set:

a) define the concept of labor discipline;

b) consider the labor duties of employees;

c) study the concept of disciplinary responsibility;

d) analyze the level of labor discipline and responsibility of employees on the example of a particular enterprise;

c) develop measures to improve the system of maintaining labor discipline.

The object of the course work is Orion LLC, the main activity of which is trade and procurement activities.

When writing a term paper, educational literature on management and personnel management, regulations, as well as enterprise documentation were used.

The discipline of labor is the subject of study of various sciences. Thus, the discipline of labor is considered by psychologists, sociologists, labor economists, etc.

According to Russian labor law, labor discipline should be understood as a set of legal norms that regulate the internal labor schedule, establish the labor duties of employees and the administration, determine incentives for success in work and responsibility for guilty failure to fulfill these duties.

It follows from the definition that in the subjective sense, labor discipline should be understood primarily as the obligations of the parties to the employment contract - the employer and the employee.

The objective content of labor discipline is a set of rules governing the behavior of the employee and the employer.

The laws and other regulatory acts of the state establish the obligations of the employer and the most important rules of conduct for employees. The state establishes the limits of the power of employers in relation to employees, that is, it fixes a minimum level of guarantees for the latter. It can be increased in local regulations (collective agreement, etc.) and individual labor contract.

The concept of "work discipline" is quite broad. The legislation refers to labor discipline, labor, production, technological, service, financial and other discipline.

The term "labor discipline" is used in a broad and narrow sense. In the first case, labor discipline is synonymous with labor discipline and includes the obligations of the parties to the employment contract.

In the second case, as applied to an employee, labor discipline (labor discipline) has external and internal aspects.

The external aspect is the subordination of the worker to the internal labor schedule. Often, submission to this order is also identified with labor discipline, that is, we are talking about labor discipline in the narrow sense of the word as a kind of labor discipline.

The internal aspect of labor discipline is understood as a set of rules governing the labor function of an employee, that is, the labor process itself. For persons directly employed in the sphere of production, it is said about the production discipline and its component - technological discipline. For employees of the state apparatus, this component is called service or executive discipline, for employees of the financial service - financial discipline, etc.

Technological discipline is the observance of the rules in production. Violation of technological discipline by an employee is a production omission and gives grounds for bringing the perpetrator to disciplinary responsibility, as well as the complete or partial deprivation of his bonus.

As for production discipline, it means order in production. In its content, production discipline includes labor discipline and goes beyond it. In addition to labor discipline, production includes ensuring the smooth and rhythmic work of the enterprise, providing workers with raw materials, tools, materials, work without downtime, etc. Employees are responsible for observing not all production discipline, but only in the part consisting in the performance of their labor responsibilities. The administration is responsible for ensuring production discipline in full.

Finally, labor discipline is understood as the actual behavior of the employee and the representatives of the employer (represented by the administration), that is, the level of their compliance with the rules governing the obligations of the parties to the employment contract (contract) in the labor process.

Labor discipline is a necessary condition for any common work, any joint work. In turn, any joint work is a distinctive subject sign of labor relations, it presupposes and requires the organization of the labor process, coherence and discipline of its participants.

Labor discipline is an integral part of any legal relationship. The consolidation of labor discipline as an institution of law is determined by the need to: - maintain law and order in labor relations; - instilling in workers self-discipline, the natural need for conscientious creative fulfillment of labor duties; - creation at the enterprise of such working conditions under which the requirements of labor discipline would be placed above their own interests; - mobilization of the labor collective to combat the emergence of mismanagement, bureaucracy and disregard for the interests of society and the state; - creating a normal moral and psychological climate in the workforce and in the relationship between the employer and the employee, based on respect for human labor, its honor and dignity. The following factors influence labor discipline: - working conditions; - the level of organization of the production process; - material and household support of employees; - the amount of wages;

Timeliness of wages, etc.

Labor discipline is a means and function of ensuring the most effective achievement of political, social, economic, technical and other goals of the production process.

According to Art. 193 of the Labor Code of the Russian Federation, all employees must obey the established labor schedule and fulfill their duties in accordance with legislative acts, as well as local documentation of enterprises. In accordance with the Labor Code of the Russian Federation, the employee is obliged:

Conscientiously fulfill their labor duties assigned to him by the employment contract;

Comply with the internal labor regulations of the organization;

Observe labor discipline;

Comply with established labor standards;

Comply with labor protection and labor safety requirements;

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

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

The obligation to work conscientiously means that the worker must perform his labor function in a qualified manner, with full use of knowledge and experience, professional skills, systematically improve his qualifications, strive to make the greatest possible contribution to production, constantly take care of the interests of the enterprise with which he has labor relations. .

The obligation to comply with the internal labor regulations of the organization contains the main meaning of labor relations - the subordination of the employee to the administrative and disciplinary authority of the employer.

Administrative and disciplinary power is a set of power powers that the state gives to production managers in order to ensure their activities in managing the labor process. The function of administrative and disciplinary authority at the enterprise is regulated and limited, in addition to the Labor Code, by internal labor regulations and other regulations. The administrative and disciplinary power at the enterprise has three aspects: it is normative power, administrative power and disciplinary power.

Compliance with labor discipline implies obedience to the legal norms regulating the internal labor regulations, establishing the labor duties of employees and the administration, determining incentives for success in work and liability for guilty failure to fulfill these duties.

The obligation to comply with the established labor standards is regulated by the regulations of the enterprise.

In the process of labor activity, employees are obliged to strictly observe the norms, rules, instructions aimed at ensuring safe and healthy working conditions. They must comply with the requirements for safety, industrial sanitation, occupational health and fire safety, use the issued overalls, special footwear and safety devices.

The obligation to take care of the property of the employer and other employees means that each worker must take care of the integrity and safety of any property belonging to the enterprise with which he has an employment relationship. The duty of caring for the property of the employer includes the duty of the employee to fight against theft and waste of state and public property. Also, the general obligation to take care of the property of the employer is specified in a number of labor laws. It should be noted that regardless of the imposition of a disciplinary sanction on the guilty person, the worker has an obligation to compensate for property damage caused to the enterprise or institution.

The obligation to immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer is contained in the Model Internal Labor Regulations. The employee is also obliged to report other reasons that impede the production process and pose a threat to the life, health and property of personnel: accidents, work-related injuries, etc.

All duties can be divided into two groups:

Responsibilities to ensure a specific labor function;

Obligations to comply with the general rules of conduct that ensure a normal work process.

The main legislative act regulating the responsibility of employees is the Labor Code of the Russian Federation. Organizational regulations include:

Internal labor regulations;

staffing;

Work schedules (shifts);

vacation schedules;

Regulations and instructions on labor protection and safety;

Collective agreements and agreements;

Charters and regulations on discipline (for certain categories of employees);

Other local regulations on labor issues.

Specific labor duties of certain categories of employees are provided for by special charters, regulations on discipline and job descriptions.

According to Art. 191 of the Labor Code of the Russian Federation, for the conscientious performance of labor duties, the employer has the right to encourage employees.

Under the encouragement for conscientious work is understood a form of recognition of the merits of an employee. Employees are rewarded for the conscientious performance of labor duties, increasing labor efficiency, improving the quality of labor results, other achievements in work, careful attitude to the entrusted property, long-term flawless work, performing additional assignments and other cases of increased employee activity.

Incentives stimulate the activity of the employee, who work more efficiently, and the organization receives more profit.

Incentive measures, moral and material, are specified in article 191 of the Labor Code of the Russian Federation. The list of incentive measures can be supplemented in the collective agreement, internal labor regulations and other local regulations governing relations in the field of labor discipline. The norms that are not indicated in these regulatory legal acts or the procedure for the application of which is violated have no legal significance.

According to Art. 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously perform their labor duties with such incentives as:

Declaration of gratitude;

Valuable gift;

Awarding a diploma;

Submission to the title of the best in the profession.

Other types of incentives for employees for work are determined by a collective agreement or internal labor regulations, as well as charters and regulations on discipline.

For special labor services to the state and society, employees can be nominated for state awards.

The incentive must be issued in writing by the order of the employer and brought to the attention of the work team. The order indicates for what specific successes and undertakings the employee is encouraged. It is possible to combine several incentives at once.

The use of incentive measures is a right, not an obligation of the employer. Since the use of incentives for conscientious work is the prerogative of the employer, workers are not entitled to claim a measure of encouragement or challenge incentive measures, considering them wrong. Disputes about the use or non-use of incentives are not subject to consideration in the labor dispute resolution bodies. Unlike previous legislation, now the employer has the right to apply incentives to the employee even during the period of the disciplinary sanction.

Incentives for special labor merits, which are carried out by the highest bodies of state power and public administration, are also listed in Art. 191 TK. Among these incentives, state awards can be distinguished, which are the highest form of encouragement. The right to award state awards belongs to the head of state - the President of the Russian Federation.

State awards and honorary titles are awarded by Decree of the President of the Russian Federation, which are published in the collection of legislation of the Russian Federation. In addition to state awards, the President of the Russian Federation also awards honorary titles to workers in science, culture, and specialists in various sectors of the national economy.

Currently, there are the following honorary titles: Honored Scientist of the Russian Federation, Honored School Teacher of the Russian Federation, Honored Mechanical Engineer of the Russian Federation, Honored Mechanical Engineer of the Russian Federation, Honored Technologist of the Russian Federation, Honored Metallurgist of the Russian Federation, Honored Economist of the Russian Federation, Honored Lawyer of the Russian Federation, People's Artist of the Russian Federation and so on.

In accordance with the Regulations “On specific state awards and honorary titles”, applications for awards and honorary titles are initiated and discussed in the labor collectives of organizations, coordinated with local executive authorities and sent to state authorities and state administration according to their affiliation.

It is possible to deprive employees of state awards and honorary titles only on the basis of the relevant Presidential Decree, on the proposal of the judiciary.

Thus, compliance with labor discipline by employees is one of the most important factors for the success of an enterprise. Compliance with labor discipline is implemented by the management of enterprises through legislative acts, as well as internal documents. For the conscientious performance of labor duties, the employer has the right to encourage employees with gratitude, bonuses, valuable gifts, diplomas, etc.


Disciplinary liability is established by labor legislation for a disciplinary offense, which is an unlawful violation of labor discipline by an employee. Violation of labor discipline is the failure or improper performance by an employee of his/her labor duties (orders of the administration, internal labor regulations, job description, etc.) due to his fault. The legislation does not establish a list of disciplinary offenses. In this case, the legislation gave the employer the right to decide what is a disciplinary offense and what is not. The power of the employer in this area is limited by the Decree of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 No. 16. For example, paragraph 24 of this resolution refers to disciplinary offenses as follows: - the absence of an employee without a 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 in the territory production; - refusal of an employee without a good reason to comply with labor standards changed in the statutory procedure; - Refusal or evasion, without good reason, of medical examination of workers of certain professions and refusal to undergo special training during working hours and pass exams on safety precautions and operating rules, if this is a prerequisite for admission to work .. Labor legislation does not provide a list of gross violations , although they are required for the application of dismissal on such grounds. These lists are in some special acts, for example, the Decree on the discipline of railway workers provides for an additional ground for dismissal - for an employee committing a gross violation of discipline that endangered the safety of train traffic, the life and movement of trains, or led to a violation of the safety of goods, luggage and entrusted property .The list of these gross violations and specific liability 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. types of disciplinary measures applied to violators (oral reprimand, discussion at a meeting, deprivation of a bonus, and so on). Disciplinary liability applies only in labor relations. According to labor legislation, there are two types of disciplinary liability - general and special. They differ according to the categories of employees to whom they apply, according to the acts regulating each of the types, according to the measures of disciplinary sanctions. General disciplinary responsibility applies to all employees, including officials of the production administration. It is provided for in Art. 192-194 of the Labor Code of the Russian Federation and the internal labor regulations of this production. According to Art. 192 of the Labor Code, for committing a disciplinary offense, that is, non-fulfillment or improper fulfillment by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: - remark; - reprimand; - dismissal on appropriate grounds. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline. employees, which also provides for other disciplinary measures. For example, civil servants may be subject to such a type of disciplinary sanction as a warning of incomplete service compliance. disciplinary liability. For civil servants, judges, prosecutors, the laws provide for their own peculiarities of the procedure for applying disciplinary sanctions (for example, a disciplinary investigation, which can last up to a year, etc.).

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

Before applying a disciplinary sanction, 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.

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

A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

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

Art. 194 of the Labor Code of the Russian Federation provides for the conditions for lifting a disciplinary sanction. If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.

The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

Separately, the conditions for bringing to disciplinary responsibility the heads of the organization, structural divisions, their deputies at the request of the representative body of employees are stipulated.

The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.

In the event that the fact of a violation is confirmed, the employer is obliged to apply a disciplinary sanction up to and including dismissal to the head of the organization, the head of the structural unit of the organization, their deputies.


The organizational and legal form of Orion LLC is a limited liability company.

The founders of the Society are both individuals and legal entities. The legal address of the enterprise: Vladivostok, st. Svetlanskaya, 155.

The main activities of Orion LLC are:

Maintenance and repair of ship equipment;

Carrying out comprehensive checks of equipment;

Wholesale of radio-electronic ship navigation, emergency and rescue equipment;

The company has seven employees. The staffing of Orion LLC is shown in Table 1:

Table 1 - Staffing of Orion LLC

The following documents regulating labor discipline are used at the enterprise:

staffing;

Job descriptions of employees;

Vacation schedule.

Thus, the enterprise does not have internal regulations, regulations and instructions on labor protection and safety, charters and regulations on discipline.

Orion LLC has established the length of the working day and week, the time and duration of the lunch break, but these provisions are not reflected anywhere in writing. Thus, the establishment of a working regime has no legal force and may cause violations of the labor schedule.

Also, the company does not have regulations on labor protection and safety. This is a serious violation of labor laws. In addition, this document is necessary at the enterprise, since one of the activities of Orion LLC is the maintenance and repair of ship equipment, and such work requires compliance with clear instructions.

Despite the absence of these documents, a high level of discipline and responsibility of employees can be noted in Orion LLC. The company almost never violates the rules of labor regulations. Employees treat their labor duties responsibly, take care of the property of the enterprise, comply with the requirements for labor protection and ensuring labor safety.

In rare cases, there are violations of the working hours - lateness, violation of the length of the lunch break. For such violations, management uses such disciplinary measures as verbal reprimand and reprimand, which are not recorded anywhere in writing.

For compliance with labor discipline, the management of Orion LLC encourages employees by declaring gratitude or issuing a bonus. At the same time, it should be noted that the procedure for encouraging employees is not documented and all awards are made by decision of the General Director. The list of grounds for bonuses, as well as the amount of bonuses, are not fixed in the regulatory acts of the enterprise, which means that the encouragement of personnel is subjective and has no legal force.

Thus, labor discipline in LLC "Orion" is maintained mainly due to the high discipline and responsibility of the staff. The absence of normative documents regulating the internal regulations, instructions on labor protection and safety, provisions on bonuses can lead to disciplinary offenses. At the same time, management will not be able to impose penalties for committing disciplinary offenses, since the rules of labor discipline are not fixed in writing, which means that they have no legal force. Therefore, to maintain labor discipline and responsibility of the staff, it is necessary to take some measures.

Internal regulations are the main local document regulating labor discipline. The rules should state:

Labor functions of each employee;

Labor standard;

Working hours;

Compliance with safety rules, technological regime and respect for the property of the enterprise.

Penalties for violations of labor discipline.

The development and implementation of internal regulations will allow employees to realize responsibility for violations of labor discipline. Moreover, in accordance with labor legislation, the presence of this document is mandatory for each enterprise. The employer is obliged to place the rules in a place accessible to employees, as well as to familiarize each employee with them against signature.

It is also necessary to develop health and safety instructions for engineers. These employees perform complex work on the repair, inspection, installation of ship equipment, so extreme care must be taken in the process of performing work. Implementation of the instructions will allow to some extent reduce the risk of injuries and accidents during the performance of work.

In addition to the above measures, it is advisable to document the rules for rewarding and punishing employees. Rewarding is a powerful stimulus for improving the efficiency of employees, and the transparency of the bonus system will help to avoid subjectivity on the part of management and staff dissatisfaction with the results of rewarding.

Labor discipline is a set of legal norms that regulate the internal labor schedule, establish the labor duties of employees and the administration, determine incentives for success in work and liability for guilty failure to fulfill these duties.

Compliance with labor discipline by employees is one of the most important factors for the success of the enterprise. Compliance with labor discipline is implemented by the management of enterprises through legislative acts, as well as internal documents. For the conscientious performance of labor duties, the employer has the right to encourage employees with gratitude, bonuses, valuable gifts, diplomas, etc.

Thus, disciplinary responsibility extends to employees who have committed an unlawful violation of labor discipline. For the commission of disciplinary offenses, the employer has the right to make a remark, reprimand, or dismiss on appropriate grounds.

An analysis of the system for maintaining labor discipline and responsibility of Orion LLC made it possible to identify a number of shortcomings and violations. As measures aimed at improving labor discipline, it seems appropriate:

Develop internal regulations;

Implement instructions for occupational health and safety;

Establish written rules for rewarding and punishing employees.

The implementation of the proposed measures will eliminate existing violations of labor legislation and increase labor discipline and responsibility of employees, which will ultimately lead to an increase in the efficiency of Orion LLC.

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