Article 189. Labor discipline and work schedule

The concept and meaning of labor discipline

Labor discipline is an essential component of the work process. The importance of work discipline cannot be overestimated. It is on its compliance that the implementation of the labor standards of the enterprise and the order of its functioning depend.

The concept of “labor discipline” is understood as compliance by both parties to the employment contract with the rules of conduct prescribed in the employment contract, the labor code and other regulations. In turn, when signing an employment contract, both the employee and the manager agree to comply with all its conditions, including compliance with labor discipline.

Do you need legal assistance?

We will resolve the most complex labor dispute in favor of the client

+7

Disciplinary responsibility

What is the importance of labor discipline if an employee performs his duties in bad faith? He is subject to disciplinary liability - that is, a special penalty that he must endure for the offense committed. This penalty can be general or special.

The general thing is disciplinary liability, which applies to all employees of the team and its administration.

Special is called disciplinary liability established by law not for all employees, but only for certain categories. The employer may apply penalties such as dismissal, reprimand, or simply a reprimand.

It is unacceptable to apply disciplinary sanctions that are not contained in laws, charters and discipline regulations. Before applying penalties, the employer is obliged to require the employee to provide an explanation of the misconduct in writing. If the employee refuses to provide it, a report is drawn up. The penalty must be applied no later than a month after the offense was discovered. In this case, the time the employee is absent due to illness or on vacation is not counted. A disciplinary sanction cannot be applied more than six months after the offense was committed, and after an audit, audit or financial audit - no later than two years. If a criminal case was ongoing at this time, it is not included in these time frames. Only one penalty can be applied for one offense.

The employee receives a collection order within three working days from the moment the document was issued. If an employee refuses to sign an order, then a report is drawn up about this. An employee can appeal a disciplinary sanction to the Labor Inspectorate or other bodies that consider labor disputes. If the employee is not subject to a penalty again within a year, it is considered that he did not have it. Before this period, the employer can remove the penalty from the employee.

Obligation of the employee and employer to comply with labor discipline

The Labor Code of the Russian Federation distinguishes three types of responsibilities: general responsibilities, employee responsibilities, and management responsibilities.

General responsibilities apply to both parties to the employment contract, i.e. both to the employee and to the manager. They look like this:

• fulfillment of duties prescribed in the employment contract and the Labor Code of the Russian Federation;
• compliance with the internal regulations of the enterprise;
• compliance with approved labor standards;
• compliance with labor protection requirements;
• preservation of the property of the enterprise and employees.

Labor obligations to comply with labor discipline are prescribed in the employment contract. However, this section is often taken outside the scope of the employment contract and is drawn up in the form of an additional agreement, a notification agreement or a provision on internal labor regulations. If, upon hiring, an employee was not informed about internal labor regulations, then he has the right not to comply with them.

In turn, management does not have the right to demand that an employee fulfill them until he becomes familiar with them. To strengthen labor discipline, management has the right to periodically conduct certification of employees for knowledge of labor discipline and its compliance.

Incentives

Labor discipline management includes the possibility of applying rewards or disciplinary action. If the employee performs his duties successfully, honestly and conscientiously, the employer can apply incentives, thus recognizing the employee's merits and successes.

Encouragement comes in different forms. Depending on who is using it:

• employer incentives;
• encouragement from higher authorities.

By their nature, incentives are divided into:

• moral - in the form of certificates of honor, titles, gratitude, medals, orders, and so on;
• material - in the form of gifts, bonuses, obtaining a higher position, rank, and so on.

To apply incentives, a special order is issued in which information about the award is communicated to the team. Promotions must be noted in the work record book. If an employee is under disciplinary action, then incentives cannot be applied to him, even if he deserves it.

Responsibilities of employees and managers

According to the Labor Code of the Russian Federation, an employee is obliged to:

• fulfill obligations within the time strictly established by internal regulations;
• is responsible for fulfilling his direct duties;
• achieve the production goals set by management;
• preserve the property of the enterprise in the form in which it was at the time of employment of the employee;
• comply with labor protection requirements;
• If dangerous situations arise at the enterprise, notify management about them.

The manager also has a number of obligations, the fulfillment of which is a condition for maintaining labor discipline:

• fulfill the conditions and obligations specified in the employment contract;
• organize safe working conditions for employees;
• strictly fulfill financial obligations to the employee;
• provide the employee with all the necessary working tools, documents and other means on the availability of which the implementation of labor standards depends;
• promptly inform employees regarding changes in regulations and coordinate with them changes in local regulations;
• timely fulfill obligations prescribed by federal laws;
• eliminate violations at the enterprise identified by trade union committees;
• eliminate the everyday needs of employees that prevent them from performing their job duties;
• compensate employees for harm suffered at work;
• fulfill the obligations specified in the labor code, in the collective agreement, in local regulations.

Thus, it becomes clear that labor discipline implies not only the employee’s subordination to management. Moreover, management has many more points that require fulfillment in order to maintain labor discipline, because The range of his activities includes the organization of the labor process and the organization of the workplace.

The concept of “labor discipline” implies not only responsibilities, but also the rights of both parties to the employment contract.

6.1. Additional working hours

At the age of 20, I suddenly became the manager of three cafes with a very obstinate multinational team that was absolutely not used to following orders. Naturally, the spirit of lateness reigned in the establishments.

After six months of struggling with them, I finally found an effective method - each late worker received 2-3 additional hours of work. Moreover, the employee had to work not at his workplace, but at the car wash or other places where workers are always needed. After the outbreak of discontent, lateness decreased sharply. And after a few weeks they became a rare occurrence.

Rights of employees and managers

An employee has the right to:

• termination, modification and conclusion of an employment contract on the terms and with requirements corresponding to the Labor Code of the Russian Federation and other federal laws;
• regular and timely receipt of wages in the amount specified in the employment contract;
• regular and timely rest (vacation, weekends, holidays);
• an equipped workplace that meets labor safety requirements and is necessary to comply with labor standards;
• obtaining professional training and retraining to master new equipment and comply with labor standards when they change;
• management of the organization to the extent specified in the employment contract and the Labor Code of the Russian Federation;
• obtaining complete information about management’s fulfillment of the obligations specified in the labor and/or collective contract;
• receiving compensation for harm suffered at the enterprise;
• receiving social insurance in accordance with federal laws.

The manager has the right to:

• conclusion, termination and amendment of labor contracts in accordance with the Labor Code of the Russian Federation;
• require employees to fulfill the obligations specified in the employment contract and the Labor Code of the Russian Federation;
• encourage employees for exceeding labor standards and other merits in the labor process;
• bring employees to disciplinary liability for violating their duties prescribed in the employment contract and the Labor Code of the Russian Federation (including legal regulation of labor discipline).
• Organization of training, advanced training or retraining of an employee.

Organizational and economic conditions for creating labor discipline

Labor discipline is also understood as the creation by the manager of material, economic and organizational conditions for the employee and for him to fulfill labor standards. Also, the range of responsibilities of a manager includes the official consolidation of labor procedures and rules. To perform this function, the manager is vested with powers, which include the development and approval of local regulations that prescribe procedures and rules of conduct for employees.

Thus, it becomes clear that to fulfill his duties the manager has a number of powers:

• development and approval of local regulations prescribing internal regulations and rules of conduct for employees;
• requiring employees to fulfill the duties specified in the employment contract, the Labor Code of the Russian Federation and local regulations;
• specifying the duties and rights of employees taking into account the Labor Code of the Russian Federation and the employment contract;
• requiring employees to comply with the company’s labor regulations;
• assessment of the employee’s performance and the degree of compliance with labor standards;
• rewarding an employee for high-quality performance, exceeding standards, or for performing duties that do not apply to him in accordance with the employment contract and the Labor Code of the Russian Federation;
• bringing employees to disciplinary liability in accordance with the Labor Code of the Russian Federation, employment contracts and/or other regulations;
• conducting a disciplinary investigation. There are three methods of ensuring labor discipline:
• belief;
• compulsion;
• encouragement

Internal rules, charters, regulations

Internal regulations imply rules of conduct for employees at an enterprise that comply with the Labor Code of the Russian Federation and local acts that are based on labor legislation. Internal regulations provide for the behavior of employees not only during working hours, but also during legal rest while on the territory of the enterprise.

Internal regulations are developed by management, but in strict accordance with the Labor Code of the Russian Federation and the opinions of the representative body of employees. At enterprises where trade unions are organized, the manager can also take into account the opinion of the trade union committee.

However, the Labor Code of the Russian Federation states that the opinion of the trade union is not binding for the manager, therefore he has the right not to take it into account under any circumstances. Some sectors of the national economy establish internal regulations, developed and approved by the government of the Russian Federation and constituting the labor discipline of the enterprise.

Standard internal regulations consist of seven points:

• main provisions, target audience, goals and objectives of internal regulations;
• rules and procedures for dismissing and hiring employees;
• a list of the employee’s main responsibilities;
• a list of the main responsibilities of management;
• schedule of the working day, week, month, structure of the working week, list of responsibilities for the period of the working day;
• the procedure and possible measures for rewarding employees for certain merits;
• procedure and possible disciplinary measures for employees for certain violations.

All these rules are mandatory for each employee and must be communicated to him at the hiring stage.

Author of the article

Discipline Tools

It is used when discipline has already been established, all the troublemakers have been fired and the team has formed, and the manager only needs to maintain the loyalty of the employees.
Many experiments have been carried out on primates, and from them it follows that the brain records “strokes” from other members of the pack, and this forms relationships in the team. In our case, it forms loyalty to the leader. It turns out to be a certain form of training, the employee demonstrates the behavior we need, and we pay attention to his person.

A lot has been written about this, so I won’t give you banal algorithms and “material incentives.” We will talk about what really gives good results - be a subtle psychologist who has his own approach to each employee. A competent manager can name not only the strengths and weaknesses of a particular team member, but is also familiar with his:

• home problems;
• aspirations;
• fears and so on.

I’ll say right away that being such a leader is not easy, but the result of such an approach exceeds all expectations. You will be able to motivate your employees with exactly what is valuable to each of them. For example:

• one is waiting for a promotion;
• another dreams of a summer vacation;
• the third needs “emotional stroking”—recognition of his successes.

As a result, you get coordinated, effective work, and the team gets a wise and fair manager.