Disciplinary sanctions, TC RF (st.192)

Labor relations are regulated asknown, the Labor Code. When applying for a job, the applicant and the employer enter into a contract. The document prescribes the basic conditions of the employee's work activity. The contract also establishes the duties and rights of the parties.

By signing the agreement, the employee voluntarily undertakes to comply with the norms of labor legislation, the provisions of local documents. If they are violated, they face disciplinary action. In the Labor Code of the Russian Federation contains a special rule that establishes the grounds and general conditions for applying sanctions to the guilty person, - 192 articles. Let's consider its features.

General information

According to the above article TC RF, disciplinary action can be imputed to the employee who violated the provisionslegislation or other normative documents. The violation can be expressed either in non-performance, or in the employee's improper performance of professional duties through his fault.

Types of disciplinary penalties under the LC RF

The tenant may choose one of the following sanctions:

• Comment.
• Rebuke.
• Termination of the contract (if there are grounds).

Federal laws, regulations on discipline, statutes may provide for certain categories of employees and other, not fixed art. 192 of the LC RF disciplinary sanctions. Norm should be applied subject to the provisions of Art. 81.

Features of the norm

According to TC RF, to disciplinary sanctions dismissal on the grounds established by thein Art. 81 (5, 6, 9, 10 clauses of part 1), 336 (cl. 1), 348.11, as well as the rules provided for in clauses 7.1, 8, 7 of part one of the first clause 81 if the guilty actions of an employee give rise to a loss of confidence in him or they have committed an immoral act at the place and within the scope of work.

The application of sanctions that are not enshrined in federal legislation, regulations and statutes is not allowed.

According to Art. 192 of the LC RF, disciplinary sanctions must be imputed only after assessing the gravity of the offense and analyzing the circumstances in which the perpetrator committed it.

What is a disciplinary offense?

Under it it is necessary to understand the guilty, wrongfulnon-fulfillment or improper performance by an employee of the duties assigned to him in accordance with the contract, law and other regulatory (local including acts).

An offense may be expressed in violation of regulations, rules of procedure at the enterprise, job descriptions, orders of the employer, technical regulations and so on.

Guilt

Non-fulfillment / improper performance of duties will be considered guilty if the citizen acts by negligence or intentionally.

Imposition of disciplinary punishment on the LC RF is not allowed if the relevant violationswere admitted on circumstances that did not depend on the will of the person. For example, the employee did not perform the duties due to lack of necessary materials for the work, due to disability, etc.

Wrongfulness

Illegality of behavior (inaction / action) of the employee is expressed in its inconsistency with the requirements of legislation and other industry regulations.

The Plenum of the Supreme Council gave explanations on this issueDecision No. 2 of 2004. The court pointed out that it is not to be considered as a misdemeanor the refusal of an employee to perform a production task in the event of a threat to his / her life / health in connection with violations of labor protection rules until the corresponding hazard is eliminated.

The behavior of a person,refuses to perform hard work or in dangerous / harmful conditions, if they are not provided for in the contract. Exceptions can be established only by federal law.

Nuances

Due to the fact that there are no provisions in the TC,prohibiting the exercise of the right to such refusal, in cases when the execution of the corresponding tasks is conditioned by a translation on the grounds set forth in Article 72.2, the refusal of a citizen to transfer must be considered justified.

It can not be regarded as a violation of disciplinefailure to comply with the employer's order to return to work before the completion of leave. In legislation, the right to call an employee ahead of time without his consent is not provided. Refusal of the employee to comply with such an order (regardless of the reason) should be considered legitimate.

Types of violations of discipline

As a misdemeanor for which it can be imputed disciplinary sanction under the RF LC, can act only such guiltyillegal behavior, which is directly related to the performance of professional duties. It can not be considered a violation of a person's refusal to fulfill a public commission or failure to comply with the rules of conduct in a public place.

Violations of discipline at the enterprise are:

• Absence of a citizen without a good reason in the workplace or at work in general.
• Evasion / refusal to transitmedical examination, special training, attestation, passing examinations on HSE and TB, rules for the operation of equipment, if these procedures are a prerequisite for admission to production activities.
• Failure without good cause from imprisonmentof the contract on liability if the service with valuables constitutes the main labor obligation of the person and was stipulated at the time of admission to the enterprise, and with the citizen, in accordance with the provisions of the legislation, the said contract may be concluded.

Art. 81 of the LC RF

Disciplinary action in the form of dismissal may be applied in connection with:

• Repeated failure of the citizen to exercise his labor functions without good reason in the presence of recovery.
• A single gross negligence (violation) of duties.
• Acceptance of the director of the enterprise (structuraldivision), his deputy, Ch. accountant unreasonable decision, the execution of which entailed the violation of the preservation of valuables, their illegal use or other property damage.
• A gross violation of professional duties by the head or his deputy admitted once.

In addition to the TC RF disciplinary sanctions sanctions are stipulated in branch federal laws. For example, Federal Law No. 90 allows for the dismissal of a teacher in connection with a gross violation of the charter of an educational institution that has been admitted repeatedly throughout the year.

Exceptions

Cited in art. 192 the list is considered exhaustive. The application of any other penalties not provided for in the article is not allowed. For example, it would be illegal to transfer an employee to a lower-paid position or to collect a fine as a sanction for violations committed.

Exceptions are allowed in cases directlyfixed by the legislation. For example, Federal Law No. 79 provides that a civil servant, except for the penalties established by Article 192 of the LC, may be warned of incomplete compliance with the position held.

Rules for the application of sanctions

They are fixed Art. 193 of the LC RF. Disciplinary sanctions can be imputed only after receiving fromthe employee who committed the violation, explanations. They are provided in writing. The employee is given 2 days to write explanations. If at the end of this period the explanations are not provided, the employer must draw up an appropriate act.

It must be said that the failure to provide explanations is not recognized as an obstacle to the application of sanctions to the perpetrators.

Timing

They are also spoken about in 193 norm of the Labor Code of the Russian Federation. Terms for disciplinary punishment are set as follows:

• Sanction is applied no later than 1 month. from the date of the violation. During this period, the days of the employee's employment on vacation, temporary incapacity for work, and the time allotted for accounting for union conclusions are not included.
• Sanction can not be applied after 6 months. from the date of the violation, and on the basis of the audit, the audit inspection, the audit of financial and business operations - after two years. In these terms, the time for criminal proceedings is not included.

For every violation, only one sanction can be imputed to the guilty party. Otherwise, his constitutional rights will be violated.