The set of rules established in the institutionor in an enterprise that regulates work procedures for all employees is mandatory. Failure to comply with these rules is a violation of labor discipline, which entails punishment.
Fulfillment of all necessary requirements, which are defined by the contract, is an integral part of the normal and measured work of the enterprise.
Каждый работник при приёме на работу знакомится with the internal schedule, duties and rights. They clearly indicate that the employee must come to the company at a certain time for this, observe the working mode, and not leave the workplace ahead of time. He also has to use his working time for good. For failure to comply with these rules, an employee of the enterprise may be reprimanded for violating labor discipline, or a more severe punishment may be imposed.
Such violations includeillegal action, or, conversely, inaction, when the employee’s fault is obvious and beyond doubt, no matter in what form it is expressed. This may be deliberate or not intentional damage to property, negligence, careless handling of equipment.
Also, violation of labor discipline can be expressed in neglect of fire safety rules and rules for the operation of technical means.
If the employee refused to perform this or thatwork, the consequences of which can negatively affect him, or the people around him, to him can not apply penalties or any punishment. Also, the management of the company or persons authorized to represent it, have no right to punish an employee or employees due to their refusal to work that is prohibited by labor law.
In case of violations by the employee,The employer cannot declare a penalty only on the basis of an act. The employee must write an explanatory note. Only after that the fault will be recognized by him, and therefore the recovery or dismissal of the violation of labor discipline will follow.
What criteria play an important role in reprimand or dismissal?
- Failure by the employee to fulfill his job duties, without a valid reason, if this is not the first time and he has a penalty for a similar violation.
- A gross violation by an employee of the rules of the work schedule or the work process, even if this happened for the first time.
When dismissing for violation of labor discipline, such errors are often made:
- Expired terms imposed penalty, or its illegal imposition.
- If we are talking about a minor worker, and there is no consent of the Labor Inspectorate for dismissal.
Dismissal may occur for violationlabor discipline under the following circumstances: the lack of a valid reason, not the removal of the previous penalty at the time of the repeated violation. This penalty has a legitimate basis, there is an explanation of the act, set out on paper.
Увольнение работника является взысканием disciplinary, so it should go according to all the rules enshrined in Article 193 of the Labor Code of Russia. Before proceeding with the procedure for dismissal of an employee, an explanation in written form must be taken from him. In case of refusal to write an explanation, in the presence of 2-3 people an act must be drawn up in which it is recorded. After that, an order for 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 is a mark in the workbook about dismissal.
