Labor discipline- obligatory obedience for all employees to the rules of conduct defined in accordance with the Labor Code, other laws, collective agreement, agreements, labor contract, local regulations of the organization, labor contract.

The following factors influence the state of labor discipline:

the nature of the relationship between employees and subordinates;

the personality of the leader;

the size of the salary;

state of the bonus system;

the prestige of the work;

type of activity of the organization;

the level of qualification and culture of the employee, etc.

The legal regulation of labor discipline in the organization is of particular importance, since the use of joint labor is impossible without its observance.

Labor discipline is based on the mutual obligations of the parties to the employment contract:

Obligations of the employee to conscientiously perform their labor function and obey the rules of the internal labor regulations;

The employer's obligations are to create appropriate working conditions for the employee, necessary for employees to comply with labor discipline - to properly organize the work of employees, create conditions for increasing labor efficiency, ensure labor and production discipline, comply with labor legislation and labor protection rules, provide for the everyday needs of employees related to with the performance of work duties.

The main obligations of the parties are defined in the Labor Code of the Russian Federation and specified in the Internal Labor Regulations, job descriptions and in the employment contract.

It should be borne in mind that officials representing the employer are themselves in an employment relationship with the organization. Therefore, they are also subject to the general obligations established for employees, in particular, to work in good faith, observe labor discipline, and take care of the property of the organization.

In some industries (for example, railway, water transport) there are charters and regulations on discipline that establish more stringent rules for regulating labor discipline, since the labor activity of workers in these industries is associated with sources of increased danger and failure to fulfill duties may result in harm to people's health.

Local regulations governing labor discipline include internal labor regulations, as well as regulations on working time and rest time, regulations on bonuses and wages.

Internal labor regulations aim to regulate the internal labor schedule, strengthen labor discipline. They are also aimed at the rational use of working time by each worker and at increasing labor productivity.

Not only employees, but also the employer are interested in adopting the internal labor regulations of the organization, since in case of their violation, the employee may be subject to disciplinary liability.

Internal labor regulations of an organization - a local regulatory 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 penalties applied to employees , as well as other issues of regulation of labor relations with this employer. The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization.

The internal labor regulations of the organization may be an annex to the collective agreement, but in this case they, like the collective agreement itself, will be of an urgent nature.

Typically, the internal labor regulations consist of the following sections:

1. General Provisions.

2. The procedure for hiring and dismissing employees.

3. The main duties of employees.

4. The main obligations of the employer.

5. Working time and rest time.

6. Encouragement for success in work.

7. Responsibility of the parties to the employment contract.

The rules can clarify the procedure for bringing an employee to disciplinary responsibility in compliance with the requirements of Art. 193 of the Labor Code of the Russian Federation, indicate the procedure and grounds for the application of incentive measures. It is necessary to specify the rights and obligations of the parties, for example, to provide for the prohibition of employees to appear on the territory of the organization and in a state of intoxication, both during working and non-working hours.

The internal labor regulations should be posted on the bulletin board. Newly hired employees must be familiarized with them against signature.

Labor discipline in the organization is ensured by the creation of the necessary organizational and economic conditions for normal work, a conscious attitude to work, methods of persuasion, education, encouragement for conscientious work, in exceptional cases - coercion, that is, bringing to disciplinary responsibility.

under promotion one should understand the public recognition of labor merits, the provision of honor to individual employees in the form of distinctions, benefits and advantages established by the current legislation. In accordance with Art. 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously perform their labor duties in the form of announcing gratitude, issuing a bonus, awarding a valuable gift, a certificate of honor, and nominating them to the title of the best in the profession.

Other types of incentives for employees for work are determined by the collective agreement or the internal labor regulations of the organization, as well as the charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards.

In Art. 191 of the Labor Code of the Russian Federation, an approximate list of incentive measures is given, since the legislator provides that other incentives may be provided for by internal labor regulations, collective agreements and agreements, and other local regulations. For example, the internal labor regulations may provide for such incentives as providing additional leave for continuous work experience to additional categories of workers compared to the legislation, issuing free vouchers for sanatorium treatment.

A wider list of incentives is established by special laws, as well as charters and regulations on discipline, for example, the Federal Law "On the Prosecutor's Office of the Russian Federation" provides for the possibility of awarding the badge "Honorary Worker of the Prosecutor's Office of the Russian Federation" 1 .

Incentive measures can be divided into two groups: moral measures and material measures.

All incentives for success in work are announced in the order (instruction) of the employer, brought to the attention of all employees and 1 SZ of the Russian Federation. 1995. No. 47. S. 4472.

are applied to the appropriate section of the work book of the employee.

For special labor merits, employees can be presented for awarding orders, medals, diplomas, badges and honorary titles. The establishment of state awards and honorary titles of the Russian Federation is assigned to the jurisdiction of the federal government bodies of the Russian Federation. In accordance with Art. 89 of the Constitution of the Russian Federation, the right to award state awards of the Russian Federation and confer honorary titles of the Russian Federation is vested in the President of the Russian Federation.

Currently, in the Russian Federation there is a fairly wide system of honorary titles awarded for special labor merits: "Honored Power Engineer", "Honored Doctor", "Honored Innovator", "Honored Artist", "People's Artist", "Honored Worker of Science and Technology ”, “Honored Lawyer”, etc. State awards are awarded in accordance with the Regulations on State Awards, approved by Decree of the President of the Russian Federation of June 1, 1995 1 . The title of "Veteran of Labor" is awarded by the executive authorities of the constituent entities of the Russian Federation in accordance with the Decree of the President of the Russian Federation of May 7, 1995 "On approval of the procedure and conditions for conferring the title of" Veteran of Labor "2.

Along with persuasion and encouragement, a rather effective method of strengthening labor discipline is coercion, that is, bringing the employee to disciplinary responsibility.

Methods for ensuring labor discipline are regulated by acts of the Labor Code of the Russian Federation.

Depending on the method, the article is also determined, on which the consideration of the situation will be based.

Some methods are mandatory based on the legislation of the country and the regulations of the organization, others are at the discretion of the head of the organization.

Regulatory features

Labor discipline - obedience to the charter, which establishes the norms of behavior, which must be determined in accordance with the Labor Code of the Russian Federation and other legislative acts and agreements. The employer must take measures to create conditions that will allow employees to meet the existing requirements for discipline.

The set of rules is established in each company separately, depending on the clauses of the charter, which must take into account the norms of legislative law and the concluded employment contract.

Internal labor regulations are necessary to summarize all the conditions of discipline. This is a regulation used in a particular organization, which must comply with established laws and regulations. conclude information:

• about the order of rest;
• about methods of encouragement and punishment;
• about responsibilities;
• about responsibility;
• about the mode of operation;
• other matters at the discretion of the employer.

Discipline is necessary for:

• introduction of innovative ideas;
• improving the quality of work performed;
• improve work efficiency;
• reduction of injuries and the number of accidents.

If labor discipline is at a low level, then reasons for this may be:

• a complex structure of organization and management, which is why the subordinate has several leaders, each of whom has his own vision for solving the situation;
• the evaluation of results is unfair, which does not allow rewarding additional pay to those employees who deserve it and put more effort than others;
• minor violations are easily forgiven by management;
• there is no concept of self-discipline;
• working conditions do not comply with the legislation of the Russian Federation (favorable working conditions are not created).

Each organization has its own rules of procedure. This allows you to regulate the relationship between the parties and favorably affect the quality of the company as a whole.

The concept of methods

Methods of labor discipline are the methods that are used to achieve the goals set by the management of the organization. They must form a functional workforce that can develop the company and give it the necessary growth to achieve its goals and achieve its goals.

Popular labor discipline methods that are actively used:

• organizational- the employer must provide the employee with all the necessary conditions in which he will not need anything (equipment, materials, equipment, and so on);
• psychological- creating a positive working mood in the work team, which reduces the likelihood of interpersonal conflicts to a minimum;
• legal– correction of existing rules in accordance with the legislation of the Russian Federation and the rules of the organization.

Strengthening labor discipline

To strengthen labor discipline it is necessary to encourage employees for differences in work and punish for violations of established rules. With the correct use of the rules, leaders can achieve excellent results that will positively affect the organization. At the same time, all methods used should not run counter to the existing legislative acts and established rules of the organization. Otherwise, they will be invalidated.

Ways to encourage

Encouragement is a recognition of the merits and results of the work of an employee, which gives the distinguished person status and reward in any form. Favorably affects not only the one who excelled, but also for other employees, since the rest will also want to receive a reward. The main thing for motivating employees is to correctly determine the methods of encouragement.

According to the Labor Code of the Russian Federation, an employer can encourage his employee in the following ways:

• appointment of the award;
• gratitude in writing
• awarding an honorary diploma;
• transfer of a valuable gift;
• representation of rank or status.

Award Order

The employer also have the right to determine their own methods of encouragement. The main condition is that they comply with the rules of the Labor Code of the Russian Federation and the internal charter of the company.

If the employee has received special merits before the state, then he will honored with a state award. In addition, an entry is made in the work book, which can later be used in employment as a fact of having positive qualities, which allows you to become an important employee.

Methods of disciplinary action

Disciplinary action is public punishment of an employee who violated the established rules of labor discipline. The legislation allows the use the following types of charges:

• comment;
• rebuke;
• dismissal.

Other types of penalties apply., but only if it is allowed to be used in relation to a certain category of workers. The main condition is that they comply with the law and the rules of the organization's charter.

Examples of Violations:

• unspecified penalties were used;
• non-payment of wages or part thereof;
• inappropriate behavior in a team;
• refusal to grant compulsory leave;
• systematic delays;
• dismissal of an employee and so on.

Contrary to the definition of reward, reprimands must be carried out with some nuances. After finding the fact of violation of the disciplinary foundation, require the offender to draw up explanatory note in writing. When the employee refused to make an explanation, the employer entitled to apply penalties I don't have a note. After that, other circumstances become clear.

If the employee's guilt is undeniable, then an order is issued on behalf of the employer indicating the method of punishment for a disciplinary violation.

An employee cannot be charged twice for the same violation. It is not even allowed to use penalties in various forms if the employee is punished for the same violation.

Regulatory regulation

Labor discipline is based on regulations:

• internal rules of the organization;
• head and the Labor Code of the Russian Federation;
• statutes and regulations of branches of economy.

The internal labor regulations should contain information related to:

• hiring and firing employees;
• with the rights and obligations of each party;
• with the organization of working time;
• with the order of accounting of working hours;
• with vacation;
• with methods of encouragement and recovery in accordance with the charter of the company.

The candidate for the position will be familiarized with the existing conditions before being hired. This obligation is specified in article 68 of the Labor Code of the Russian Federation. If one of the parties does not comply with the requirements of the rules, then he will be punished in accordance with the Labor Code of the Russian Federation.

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INTRODUCTION

The nature of the joint labor of persons working under an employment contract presupposes the creation of an effective legal regime under which labor duties must be performed. From the moment the employment contract is concluded, the employee is placed at the disposal of the employer and is obliged to obey his will in the process of performing work. The fulfillment of this obligation is ensured by the employer's authority to apply sanctions for improper performance by employees of their labor duties.

The essence of the contradiction between the employee and the employer boils down to the employer's interest in minimizing labor costs, and therefore, to establishing the lowest possible wage for the employee, reducing the cost of creating favorable and safe working conditions, bringing the total production costs to a level that allows the entrepreneur to make a good profit. .

The interests of the employee, on the contrary, are aimed at increasing the amount of his wages, which, as a rule, is the most significant source of funds that ensure the well-being of the employee himself and his family members, the creation of normal working conditions at the workplace, work in favorable working conditions, i.e. . creating as comfortable a working environment as possible.

This work is devoted to such an issue as labor discipline. The relevance of this topic lies in the fact that the employer is obliged to treat the employee not as a commodity of sale, but as a labor force that has its own rights and obligations, to take into account the interests of the employee, to create favorable conditions for his work.

1 . THE CONCEPT AND SIGNIFICANCE OF LABOR DISCIPLINE AND METHODS OF ITS ENSURE

The discipline of labor is the order of conduct in joint work established in a given social organization of labor and responsibility for its violation.

When concluding an employment contract, the employee knows that in the process of labor he is obliged to obey the one-man manager in production for the entire duration of his employment contract. This is the second aspect of the concept of labor discipline as a necessary element of the labor relationship of an employee.

The third aspect of the concept of labor discipline as the implementation of the basic principle of labor law is to ensure the fulfillment of the obligation of the employee to work conscientiously in the chosen field of activity - to observe labor discipline.

And, finally, the fourth aspect of labor discipline is the relevant institution of labor law, i.e. a system of legal norms regulating the internal labor schedule, which provides for the obligations of the employee and the employer (his administration), incentive measures for success in work, the procedure for their application, types and measures of responsibility for violation of labor discipline and the procedure for their application, which corresponds to section VIII of the Labor Code ( 189-195).

Labor discipline, Art. 189 of the Code, is obligatory for all employees the obedience to the rules of conduct defined in accordance with the Code, other laws, collective agreements, agreements, labor contracts, local regulations of the organization. The employer, in accordance with the specified legislation, is obliged to create the conditions necessary for the observance of labor discipline by employees.

The labor schedule of the organization is determined by the internal labor regulations that regulate, in accordance with labor legislation, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, working hours, rest time, employee incentives and penalties, as well as other issues of regulating labor relations in the organization (Article 189 of the Labor Code).

Labor discipline differs in the objective and subjective sense. In an objective sense, this is a system of norms about labor discipline, i.e. the institute of labor law and the internal labor regulations established at this production. In the subjective, this is an element of the labor legal relationship of the employee and his obligation to comply with the rules of the internal labor schedule, labor discipline.

There is one more aspect - the degree of observance of labor discipline by a given work collective of production, its parts (workshops, departments, etc.) and a specific employee. The employee is also obliged to comply with the job descriptions, functional duties provided for by the qualification guide for his position, work, as well as fire and sanitary instructions for this production. The employer (administration) is obliged to ensure the proper level of labor discipline in production and respond to its violation by individual employees.

Labor discipline in production includes the observance of technological and production discipline. Technological discipline is the observance of the manufacturing technology of the product of production, the technological process of its manufacture. Production discipline is part of the labor discipline of administration officials who are obliged to organize the continuity of the technological process, the timeliness of the supply of materials, tools, equipment, the coordination of the work of individual production units in order to ensure the rhythmic, accurate work of the entire production.

The value of labor discipline lies in the fact that it:

Contributes to the achievement of high quality results of the work of each employee and the entire production, work without marriage;

Allows the employee to work with full dedication, to show initiative, innovation in work;

Increases production efficiency and labor productivity of each employee;

It contributes to the protection of health during labor activity, labor protection of each employee and the entire labor collective: with poor labor discipline, there are more accidents and accidents at work;

Contributes to the rational use of the working time of each employee and the entire workforce.

Methods for ensuring labor discipline are necessary to create organizational and economic conditions for high-performance work. The following three methods are interrelated: a conscious attitude to work, methods of persuasion, education and encouragement for conscientious work, and for negligent, dishonest workers, the application, if necessary, of measures of disciplinary and social influence.

The creation of the necessary organizational and economic conditions for high-performance work is entrusted to the employer, who is obliged to provide normal working conditions for this:

Good condition of machines, machine tools and devices;

Timely provision of technical documentation;

Proper quality of materials and tools for work and their timely submission;

Timely supply of production with electricity, gas for work and other sources of energy supply;

Safe and healthy working conditions (compliance with safety rules and regulations, necessary lighting, heating, ventilation and other factors that adversely affect the health of workers).

If the employer (administration) has not provided at least one of the specified conditions for the employee, this affects the fulfillment of the labor norm by him, and reduces discipline. Therefore, the legislator in the first place in the methods of ensuring labor discipline included the creation of normal working conditions for the implementation of labor standards. But all of them relate to the education of a conscientious, conscious attitude to work, the employee must work in good conscience (do not skimp, do not hack). An atmosphere of intolerance towards violations of labor discipline and strict comradely exactingness towards workers who perform their labor duties in bad faith is being created in labor collectives. They can discuss at meetings violators of labor discipline.

2 . LEGAL REGULATION OF THE INTERNAL LABOR REGULATION

legal labor disciplinary promotion

The internal labor schedule is the procedure for the behavior of employees in a given production, established by law and on its basis by local acts, both in the process of work and during breaks in work when employees are on the production site (appearance on the territory of the plant in a state of intoxication during working hours - dismissal according to subparagraph "b" of paragraph 6 of article 81 of the Labor Code, on weekends - a disciplinary offense, outside the production area - an administrative offense).

Legal regulation of the internal labor regulations is carried out on the basis of Ch. 29 and 30 of the Code. The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the trade union committee of the organization. They, as a rule, are an annex to the collective agreement (Article 189 of the Labor Code).

In certain sectors of the national economy, charters and regulations approved by the Government of the Russian Federation are valid for key employees.

The internal labor regulations must have all production. These rules include obligations not only for employees, but also for the administration, and not only for the implementation of the Rules themselves, but also for the relevant job descriptions, instructions and rules on safety, industrial sanitation, fire, radiation safety, etc.

House rules usually consist of the following seven sections:

1) general provisions providing for the operation of these rules, to whom they apply, their purpose, tasks;

2) the procedure for hiring and dismissal (the provisions of the Code are briefly given with their clarification for this production);

3) the main duties of the employee;

4) the main obligations of the employer, his administration;

5) working time and its use: working hours for the entire production and individual departments, including the beginning and end of lunch and other intra-shift breaks, shift schedules (including on a rotational basis), the structure of the working week (5- or 6 -day);

6) incentive measures for success in work;

7) disciplinary liability for violation of labor discipline.

These rules are communicated to each employee.

In those sectors of the national economy where the charters and regulations on discipline for the main workers are in force, the Internal Labor Regulations for other workers of this production, who are not related to those to whom the charters and regulations apply, also apply.

The statutes and regulations on discipline are approved by the government of the country. So far, there are still allied ones (there are more than a dozen of them), but there are also Russian ones, for example, the Regulation “On the discipline of railway transport workers of the Russian Federation”, approved on August 25, 1992 (SAPP RF. 1992. No. 9. Art. 608; 1994. No. 1. Art. 11), the Regulation "On the disciplinary responsibility of the heads of administration", approved by the Decree of the President of the Russian Federation of August 7, 1992, as amended on November 14, 1992 (Vedomosti RF. 1992. No. 33. Art. 1931).

Since the charters and regulations on discipline are special legislation and apply to those key (leading) employees whose gross disciplinary offense can lead to serious consequences or death of people and goods, these acts may provide for more severe disciplinary liability than in the general acts of the labor the rights. These acts also provide for additional duties of employees and their managers.

3 . MAIN WORK DUTIES OF THE EMPLOYEE AND THE EMPLOYER (ADMINISTRATION)

The main labor obligations of the employee and the employer, its administration are closely interconnected, since the obligations of one side of the employment contract correspond to the rights of the other, and together these rights and obligations constitute the main content of labor relations.

The main duties of the employee:

Compliance with labor discipline, i.e. internal labor regulations;

Honest and conscientious performance of labor duties, full return in functional (according to labor function, position) activities;

Careful attitude to production property;

Fulfillment of established labor standards;

Timely and accurate execution of orders of the administration;

Increasing labor productivity;

Improving product quality;

Compliance with technological discipline, instructions on labor protection, safety precautions and industrial sanitation, i.e. all instructions, rules on these issues.

The general norm of labor is working time. And the one to whom other labor standards are not established is also obliged to use all working time rationally and for its intended purpose. And the one to whom the production standards are set, when they are fulfilled, is obliged to overfulfill them ahead of schedule, since he is also obliged to rationally use working time.

Other labor duties of the employee are provided for by various institutions (sections) of the Code, legislative acts, collective and labor contracts.

The main duties of the employer, his administration as a representative of the employer:

Correctly organize the work of employees: ensure the correct placement of employees and the rational use of the labor force of each, so that each employee knows his functional duties; to prevent downtime, marriage, to reduce the loss of working time;

Create conditions for the growth of labor productivity, encourage employees when they exceed the norms, replace obsolete equipment with new ones;

Ensure labor and production discipline;

Comply with labor legislation and labor protection rules in accordance with all its norms, carry out preventive work in order to avoid accidents at work, collective labor disputes, including strikes, etc.;

Be attentive to the needs and demands of employees, improve not only their working conditions, but also their living conditions (build, and not reduce, preschool institutions, housing stock, clubs, etc.).

Each official of the administration, in addition to his functional duties, is obliged to comply with all the main specified duties in his area of ​​work in relation to his subordinates, as well as to ensure that the basic labor rights of employees directly subordinate to him are observed. The duties of employees and administration are fixed in more detail in the Internal Labor Regulations and functional qualification reference books and regulations.

4 . MEASURES OF INCENTIVES FOR SUCCESS IN WORK

Encouragement for success in work is a public recognition of the merits of an employee, his success in work in the form of applying incentive measures to him. The employer encourages employees who conscientiously fulfill their labor duties (announces gratitude, gives bonuses, etc.), which encourages employees to work better and observe labor discipline.

Measures of encouragement for success in work on their grounds and on the one who applies them can be divided into two types:

1) measures taken by the employer for the exemplary performance of labor duties, increasing labor productivity, improving product quality, continuous and flawless work, innovation in work and other achievements in work: announcing gratitude, issuing an award, awarding a valuable gift, awarding a certificate of honor, presenting to the title of the best in the profession (Article 191 of the Labor Code). The rules of internal labor regulations, collective agreements, charters and regulations on discipline may provide for other incentives;

2) measures applied by higher authorities on the recommendation of the head of production, for special labor merits to society and the state of the employee: awarding orders, medals, diplomas of various higher authorities, badges; assignment of honorary titles and titles of the best worker in this profession (for example, "Honored Lawyer of the Russian Federation", "Honored Scientist", "Honored Teacher", etc.).

The regulation on state awards of the Russian Federation, approved by the Decree of the President of the Russian Federation of March 2, 1994 (СAPP. 1994. No. 10. Art. 775), fixes the types of state awards as the highest form of encouraging citizens for outstanding achievements in the economy, science, culture, art , defense of the fatherland, other services to the state and people. Decree of the President of the Russian Federation of December 30, 1995 (Rossiyskaya Gazeta. 1996. Feb. 13) established more than 50 honorary titles of the Russian Federation, which are introduced in order to encourage citizens for high professional skills and many years of conscientious work, regulations on them and descriptions of the badge to honorary approved titles of the Russian Federation. Among these titles, for example, "Honored Doctor of the Russian Federation", "Honored Transport Worker of the Russian Federation", "Honored Mechanical Engineer of the Russian Federation", "Honored Builder of the Russian Federation". To receive an honorary title, the relevant employee must have worked in this profession for at least 15 years.

All incentives, according to their nature, can be divided into moral (gratitude, certificates of honor, honorary titles, orders, medals, etc.) and material (rewarding with a valuable gift, issuing an award, promotion to a higher position, to the highest class, category, etc. .). Material incentives also have a moral side - public recognition of the merits of the employee.

The republics within the Russian Federation have their own honorary titles established by their legislation.

Incentives are announced by order and communicated to the workforce. All incentive measures applied to the employee are noted in his work book. During the duration of the disciplinary sanction against the employee (one year), the incentive measure is not applied.

Employees who successfully and conscientiously fulfill their labor duties are primarily provided with benefits and benefits in the field of socio-cultural and housing services (vouchers to sanatoriums, rest homes, improvement of living conditions, etc.). In some industries, reserve lists are compiled for occupying a higher position, which include workers depending on their success in work. Legislation allows the combination of several incentive measures, for example, an employee is awarded a diploma and a bonus. Article 191 of the Code indicates that the employer encourages employees up to granting them to honorary titles himself, without the participation of the trade union committee in this. It seems that this significantly reduces industrial democracy, the role of the trade union, the labor collective.

And at present, as practice shows, the participation of the trade union committee, the labor collective in the management of the organization contributes to the strengthening of both labor discipline and the work of the organization. In the cooperation of social partners at the level of the organization, there are large reserves both for order in production and for increasing labor productivity. This is actively used by smart leaders. Conducted on the initiative of the Government of Russia in 2000 and 2001. All-Russian competitions “Russian Organization of High Social Efficiency” demonstrated that they were won by enterprises where a lot of work is being done to develop the social sphere, there is also a strong labor discipline, and working conditions of workplaces are improving. At these enterprises, collective agreements are concluded thoughtfully.

5 . DISCIPLINARY RESPONSIBILITY AND ITS TYPES

Disciplinary liability is established by labor legislation for a disciplinary offense, which is an unlawful, guilty violation of labor discipline by an employee. Violation of labor discipline is the non-fulfillment or improper fulfillment by the employee through his fault of his labor duties (orders of the administration, internal labor regulations, job descriptions, etc.). The legislation does not establish a list of violations. This is decided by the administration. Such violations, in accordance with paragraph 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 No. 16, also include, in particular:

absence of an employee without 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 production area;

Refusal by an employee without good reason to comply with labor standards changed in accordance with the established procedure;

Refusal or evasion, without good reason, of medical examination of workers in 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 it is required for the application of dismissal on such grounds. These lists are in some special acts, for example, the Regulations on the discipline of railway workers provide an additional basis for dismissal - for the commission by an employee of a gross violation of discipline that posed a threat to the safety of train traffic, life and health of people or led to a violation of the safety of goods, baggage and entrusted property. The list of these gross violations and the specific persons responsible 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.

Disciplinary liability is the obligation of an employee to endure a disciplinary sanction imposed on him for a disciplinary offense. Disciplinary liability must be distinguished from other disciplinary measures applied to violators (oral reprimand, discussion at a meeting, deprecation, etc.).

According to labor legislation, there are two types of disciplinary liability: general and special. They differ according to the categories of workers to which they apply, according to the acts regulating each of these types, and 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 and the internal labor regulations of this production.

Special disciplinary responsibility is established by special legislation (the Law of the Russian Federation "On the Federal Public Service of the Russian Federation", charters and regulations on discipline, etc.) for certain categories of employees, which also provides for other measures of disciplinary sanctions.

The procedure for applying disciplinary measures for special disciplinary liability in most charters and provisions is the same as for general special liability. For civil servants, judges, prosecutors, the laws on them provide for their own features of this procedure (for example, a disciplinary investigation, which can last up to a year, etc.).

6 . DISCIPLINARY MEASURES AND THE PROCEDURE FOR THEIR APPLICATION

Disciplinary measures are directly enshrined in labor legislation, as well as the procedure for their application. They are the same for all industries and are mandatory. Enterprises, institutions, organizations themselves cannot change or supplement them. The internal labor regulations cannot provide for other measures of disciplinary sanctions than those provided for in Art. 192 of the Labor Code, and no other procedure for their application can be established than that established by Art. 193 TK.

Measures of disciplinary sanctions are a remark, a reprimand, a dismissal (paragraphs 5, 6 for all its subparagraphs, paragraph 10 of article 81 of the Labor Code). Legislation on special disciplinary liability and statutes and regulations on discipline may provide for other disciplinary measures (for example, demotion to a lower position of a civil servant). It is not allowed to apply a penalty that is not provided for by federal labor legislation.

The procedure for imposing and the duration of a disciplinary sanction is established by law (Article 193 of the Labor Code). When imposing a disciplinary sanction, the administration is obliged to take into account the severity of the misconduct committed, the circumstances under which it was committed, the previous work and behavior of the employee. Before applying a disciplinary sanction, a written explanation must be requested from the employee, which sometimes indicates the absence of a disciplinary offense (absenteeism, being late, etc.). If the employee refuses to give a written explanation, an act is drawn up. Such a refusal is not an obstacle to the imposition of a disciplinary sanction. A disciplinary sanction is applied for a directly discovered misconduct, but no later than one month from the date of its discovery, not counting the time the employee was ill or on vacation, as well as the time required to take into account the opinion of the representative body of workers (trade union committee). Absence for other reasons at work, including time off, is not taken into account. Vacation interrupting the monthly specified period includes all types of vacations, including educational, social, etc. A disciplinary sanction cannot be applied later than 6 months from the date of the misconduct, and based on the results of an audit or audit of financial and economic activities (audit) - not later than 2 years from the date of its commission. These terms do not include the time of criminal proceedings.

A disciplinary sanction is imposed by an order, which is brought to the employee against receipt within three days from the date of its issuance. If the employee refuses to sign it, an appropriate act is drawn up. It is valid for a year, and then automatically expires. The penalty may also be withdrawn ahead of schedule at the initiative of the employee's administration or the trade union committee. During the duration of the disciplinary sanction, incentive measures should not be applied to the employee.

An employee may appeal against a disciplinary sanction to the State Labor Inspectorate or bodies for the consideration of individual labor disputes. For some categories of workers, it has been established that they cannot be disciplined without first requesting the opinion of the relevant body: members of trade union committees - without the opinion of the body of which they are members, heads of trade union committees - without the higher body of the trade union.

An innovation is also the indication in Art. 195 of the Labor Code that the employer is obliged to consider the application of the representative body of workers about the violation by the head of the organization, his deputies of labor legislation, the terms of agreements, the collective agreement and report the results of the consideration to the representative body of workers.

If the facts of such violations are confirmed, the employer is obliged to apply a disciplinary sanction to the head of the organization, his deputies, up to and including dismissal. Let's hope that our trade unions will begin to actively apply this norm.

CONCLUSION

Summing up the results of the work, it should be noted that labor discipline is obligatory obedience to the rules of conduct for all employees. Labor discipline is a necessary condition for any common work, since joint work needs a certain order, that all those who work together obey this discipline, order. Under the legal methods of regulation of labor discipline are understood the methods of its provision provided for by law, i.e. fulfillment by the employee and the employer of their duties. There are two main methods: encouragement and coercion.

Maintenance and strengthening of labor discipline is carried out with the help of not only methods of persuasion, education, but also moral and material incentives. Under the promotion for success in work is understood the public recognition of the merits of the employee. Providing measures to encourage employees who conscientiously fulfill their labor duties, labor legislation establishes disciplinary measures against violators of labor discipline.

At present, the strengthening of labor discipline requires strengthening labor motivation. Labor motivation is a determining factor in the inclusion of the interests of each individual in productive work, regardless of the form of ownership and the scope of the organization. Labor motivation is influenced by the psychological and moral impact on the participants in the production process (the method of persuasion), material and moral and legal incentives, the provision of various benefits and benefits (the incentive method), as well as disciplinary measures applied to violators of labor discipline, and property measures. nature in the form of compensation for damage by the parties to the employment contract (coercion method).

LIST OF USED SOURCES AND LITERATURE

1. Kazantsev, V. I. Labor law. - M.: Academia, 2003.- 282 p.

2. Kibanov, A. Ya. Personnel management of the organization. - M.: INFRA-M, 2006. - 638 p.

3. Kochetkova, M. A. Labor rights of a worker. - M.: IKF "EKMOS", 2002. - 288 p.

4. Mironov, V.I. Labor law of Russia. - M.: INFRA-M, 2005. - 537 p.

5. Orlovsky, Yu.A. Labor law of Russia. - M.: INFRA-M, 2008. - 608 p.

6. Labor Code of the Russian Federation: as of April 15, 2008 - M.: Eksmo, 2008. - 320 p.

7. Tsypkin, Yu. A. Personnel management. - M.: UNITI, 2001. - 446 p.

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Labor discipline is obligatory obedience for all employees to the rules of conduct established by the Labor Code of the Russian Federation, other laws, agreements, collective agreements, other local regulations of the organization, as well as an employment contract. The discipline of labor in a particular organization implies strict observance by all employees of the internal labor regulations. This schedule is usually determined by the internal labor regulations approved by the employer, taking into account the opinion of the representative (trade union) body of employees. The internal labor regulations are a local normative act of an organization that regulates, in accordance with labor legislation, the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulation of labor relations in the organization. In addition, in some sectors (sub-sectors) of the economy there are charters and regulations on discipline approved by the Government of the Russian Federation. As a rule, they apply to workers only in the main professions, to which, due to the nature and conditions of their work, increased requirements are imposed. At present, for example, the following acts are in force: Regulations on the discipline of railway workers of the Russian Federation, the Disciplinary Charter of militarized mine rescue units for servicing mining enterprises in the metallurgical industry, the Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy, the Charter on the discipline of workers in the marine transport, Charter on the discipline of workers of the fishing fleet of the Russian Federation. To ensure labor discipline, labor legislation uses two methods (methods): the method of encouragement and the method of coercion.

Encouragement is the recognition of the labor merits of an employee, giving him public honor for achievements in work. Incentive measures can be both moral and material in nature, and can combine both of these elements. The Labor Code of the Russian Federation provides for the following types of incentives for conscientious work: declaration of gratitude; issuance of an award; rewarding with a valuable gift; awarding an honorary diploma; presentation to the title of the best in the profession. It should be noted that this list is not exhaustive. Other types of employee incentives for work may be determined by a collective agreement or the organization's internal labor regulations, as well as charters and discipline regulations. For special labor services to society and the state, employees can be nominated for state awards. Information about incentives is entered in the work book, which is very important for an employee when applying for another job. In addition to positive incentives to observe labor discipline, there are also negative ones, which are expressed in the threat of negative consequences for the employee if he violates labor discipline. These consequences are most often expressed in the application of coercive measures of influence (coercive measures) to the employee. The method of coercion as a way of ensuring labor discipline is a set of methods and means of influencing unscrupulous workers, expressed in the application of legal sanctions to them for failure to perform or improper performance of their labor duties. Measures of responsibility are, as a rule, measures of coercion applied in connection with the violation of labor discipline. Depending on what exactly the violation of labor discipline was expressed in and what consequences resulted from this, the violator may be brought to disciplinary or material (property) liability. The question of liability arises only if the employee's (or employer's) misconduct caused material damage to the other party to the employment contract. In the absence of material damage, only disciplinary liability can be imposed on the employee (but not on the employer). A disciplinary offense committed by an employee, which at the same time caused material damage to the employer, may be the basis for bringing the employee to both disciplinary and material liability at the same time. Below we will focus only on disciplinary liability, and the liability of the employee will be discussed in the next chapter.

The main legal methods for ensuring labor discipline at enterprises are the most banal ones, such as the method of persuasion and the method of coercion, used in cases where persuasion methods are insufficient to ensure law and order. The method of persuasion is the main means of maintaining the labor schedule at the enterprise. The method of persuasion is understood as various social events held to educate, increase a sense of responsibility, consciousness and discipline of employees.

In order to ensure an honest and conscientious attitude to work among citizens, the state uses primarily legal methods of persuasion, and only then coercion. As one of the main goals of persuasion, one should single out the transformation of the social needs of workers into their personal needs, inducing workers to a conscious, active and productive attitude towards work.

Work to strengthen labor discipline should be focused both on the individual employee and on the team as a whole. A person who has committed a disciplinary offense is convinced that he is acting contrary not only to the public interest, but also to his own individual interests.

In the work collective there is a constant struggle of different beliefs, that is, a struggle for the direction of activity. Consequently, the method of persuasion is designed to solve not only the task of educating an individually specific employee, but also a more difficult task - to instill a truly masterful attitude of the members of the work collective to their work, to instill in them a sense of responsibility for the result of the work of the entire team. In the science of labor law, there is an opinion that persuasion is carried out in two main directions - ideological and psychological impact. Ideological influence ensures the formation of ideological conviction, awareness of the organic community of personal and public interests, the participation of employees in competition, etc. This type of influence is carried out by carrying out educational, cultural and educational work, legal education, etc.

Persuasion through psychological impact involves the full use of the interest of a particular person in meeting his highest material, functional and spiritual needs, which are organically combined with the solution of the tasks facing the state and society, a specific labor collective.

The task is to ensure that not only management personnel, but also all employees of the labor collective know modern methods of personnel management, are able to find the most effective ways to solve problems that arise.

The experience of labor collectives shows that the legal methods of persuasion are much more effective than the methods of coercion.

Forms of persuasion play an important role in shaping the consciousness of workers.

There are many forms of persuasion: dialogue, criticism, self-criticism, polemics, etc.

Dialogue is a form of communication that requires activity from both sides. This is a real change of object and subject in the process of communication. Dialogue requires a common basis and differences in views on the solution of a particular problem by its participants.

Discussion, controversy is the search for truth through a comprehensive comparison of various opinions. Their goal is to publicly defend their point of view and refute the opponent.

In cases where the methods of persuasion are insufficient to ensure law and order at the enterprise, methods of coercion are applied to violators of labor discipline.

Coercion is a method of influence that ensures the commission of actions by individuals, social groups or classes against their will in the interests of the coercive.

In other words, coercion is the use by the head of his powers of authority under certain conditions provided for by law. The method of coercion is applied only to employees who, being in an employment relationship, through their own fault, violate their labor duties. Compulsory measures applied for violation of labor duties must be established by law.

It must be remembered that coercion is used only in combination with persuasion, and the very fact of the possible application of disciplinary measures is used as a means of forming the employee's habit of voluntarily observing labor discipline.

The vast majority of violations of labor discipline at work is associated with drunkenness and alcoholism. Statistics show that out of 100 violations of labor discipline, more than 60% are committed on the basis of drunkenness. Persons injured at work, in most cases, were in a state of intoxication.

Considering the essence of any punishment, it can be noted that this is a psychological and pedagogical way of educational influence on a person or group. Psychologically, punishment allows the employee to understand the inadmissibility of the act committed by him; the fear of re-punishment, combined with this understanding, becomes a psychological barrier to the re-commission of such actions.

In general, to achieve high efficiency in work, it is more important not to punish, but to stimulate. As a rule, a person resists punishment and relieves himself of responsibility for the final result of his work. On the contrary, if the work is interesting, and the employee is encouraged for its successful completion - morally or financially, he will work properly.

Based on the foregoing, we can conclude that the employer should strive to maintain labor discipline by various methods of stimulating his employees. And only in case of their inefficiency, apply disciplinary measures to violators of labor discipline.