What threatens for violation of labor discipline
Set of rules established in the institutionor at the enterprise, which regulate the order of work, is mandatory for all employees. Non-observance of these rules is a violation of labor discipline, which entails punishment.
The fulfillment of all the necessary requirements, which are determined by the contract, is an integral part of the normal and measured operation of the enterprise.
Every employee gets acquainted at workwith internal regulations, duties and rights. They clearly stated that the employee must come to the enterprise at a certain time, observe the working regime, do not leave the workplace early. He also has to use his working time with benefit for the cause. For non-compliance with these rules, an employee of an enterprise may be reprimanded for violating labor discipline, or applying a more severe penalty.
Violations of this nature includeillegal action, or, conversely, inaction, when the fault of the employee is obvious and does not cause doubts, it does not matter in what form it is expressed. This may be intentional or non-intentional damage to property, negligence, careless handling of equipment.
Also, the violation of labor discipline can be expressed by neglecting the rules of fire safety and the rules of operation of technical means.
If the employee refuses to do this or thatwork, the consequences of which can negatively impact on him, or on the people around him, he can not be penalized or punished. Also, the management of the enterprise or persons authorized to represent it, do not have the right to punish an employee or employees due to their refusal to work, which is prohibited by labor legislation.
With the assumption of violations by the employee,The employer can not only declare a penalty on the basis of an act. The employee must write an explanatory note. Only after that, the guilt will be recognized by him, and hence the recovery or dismissal for violation of labor discipline.
What criteria play an important role in reprimanding or dismissing?
- Failure of the employee to perform their duties, without good reason, if this is not the first time and he has a penalty for a similar violation.
- A gross violation by the employee of the rules of the working schedule or the labor process, even if this happened for the first time.
At dismissal for infringement of labor discipline such errors are often supposed:
- The terms of the imposed penalty, or its illegal imposition, have expired.
- If it is a minor worker, and there is no consent from the Rostrudinspektsiya for dismissal.
Dismissal of an employee can occur for violationlabor discipline in the following circumstances: the absence of a valid reason, not the removal of the previous penalty at the time of the repeated violation. This recovery has a legitimate ground, there is an explanation of the act, set out on paper.
The dismissal of an employee is a foreclosuredisciplinary, so it must pass by all the rules set forth in Article 193 of the Labor Code of Russia. Before proceeding to the procedure for the dismissal of an employee, an explanation must necessarily be made in writing. In case of refusal to write an explanation, in the presence of 2-3 persons an act must be drawn up in which it is fixed. After that, the order on dismissal is issued, with which the dismissed employee must be familiarized on the same day.
If the employee refused to sign the order, then again an act is drawn up, in which it is reflected. And only then a note is made in the employment book about dismissal.