The most general rights and obligations of employees and employers are enshrined in Art. 2, 127, 129 Labor Code of the Russian Federation. Employees are obliged to work honestly and conscientiously, observe labor discipline, timely and accurately execute orders and orders of the administration, increase labor productivity, improve product quality, comply with technological discipline, labor protection, safety and industrial sanitation requirements, take care of property.

The administration of enterprises, institutions, organizations is obliged to properly organize the work of employees, create conditions for the growth of labor productivity, ensure labor and production discipline, steadily comply with labor legislation and labor protection rules, be attentive to the needs and requests of workers, and improve their working and living conditions.

Art. 8.9 of the Regulations on the federal public service, approved by Decree of the President of the Russian Federation of December 22, 1993 No. 2267 (as amended on April 29, 1994), it is established that civil servant must:

1. exercise powers within the limits of the rights granted to him and in accordance with his official duties;

2. execute orders, instructions and instructions of superiors in order of subordination, issued within their official powers, with the exception of obviously illegal ones;

3. maintain the level of qualifications necessary for the performance of official duties;

4. comply with the norms of professional ethics and the official regulations established in the state body;

5. not to take actions that impede the work of organs state power, as well as leading to undermining the authority public service.

He has the right:

1. require written registration of the content and scope of official powers for the relevant public office and creation of organizational and technical conditions for their implementation;

2. make decisions or participate in their preparation in accordance with official authority;

3. request in accordance with the established procedure and receive free of charge from state bodies, enterprises, institutions, organizations, citizens and public associations necessary for the execution official duties information and materials;

4. for promotion, an increase in the amount of the salary, taking into account the results of work and the level of qualification;

5. upon first request, get acquainted with all the materials of his personal file, reviews of his activities and other documents before entering them into the personal file, and also demand that his explanations be attached to the personal file;

6. to demand an official investigation to refute information discrediting his honor and dignity;

7. to retire.

promotion- this is a public recognition of the results of the work of employees, which is carried out with the help of various incentives (moral and material), as well as by providing benefits and benefits.

Incentive measures, depending on the social significance of the merits of employees, are divided into two groups: incentives for success in work and incentives for special labor merit.

Incentives for success in work can be divided into: material and moral. As a rule, incentives are applied individually. In some cases, incentive measures may be applied to teams of brigades, sections, workshops, and enterprises.

Success in work serves as the basis for the application of the following incentives:

1. declaration of gratitude;

2. issuance of an award;

3. rewarding with a valuable gift;

4. awarding a certificate of honor;

5. entry in the Book of Honor or on the Board of Honor.

In accordance with labor legislation, labor discipline is also achieved using the method of coercion. In necessary cases, violators can be brought to disciplinary responsibility, that is, disciplinary measures are applied to them - disciplinary sanctions.

The basis for bringing an employee to disciplinary liability is the same type of offense - a disciplinary offense, which is understood as an unlawful, guilty failure to perform or improper performance by the employee of the labor duties assigned to him, entailing the application of disciplinary or social measures, as well as other legal measures. impact under applicable law.

Thus, as conditions for bringing an employee to disciplinary responsibility, the following should be singled out:

a) non-fulfillment by the employee of labor duties provided for by the current labor legislation;

b) the fault of the employee (intentional or negligent);

c) the illegal nature of the employee's actions that violate the internal labor regulations, labor legislation.

Disciplinary responsibility is usually divided into general and special.

All employees may be held liable for general disciplinary liability for violations of internal labor regulations. General disciplinary responsibility involves the application to the violator labor discipline disciplinary action under Art. 135 of the Labor Code of the Russian Federation and the internal labor regulations. These charges are:

1. remark;

2. reprimand;

3. severe reprimand;

4. dismissal.

The specified list of penalties is exhaustive and is not subject to additions to the local internal labor regulations.

Special disciplinary responsibility is borne by employees who are subject to statutes and discipline regulations that provide for more severe penalties. These include:

1. Prosecutor's employees, on whom for non-fulfillment or improper fulfillment of their official duties and the commission of offenses discrediting the honor of a prosecutor's worker, the following disciplinary sanctions are imposed:

1. remark;

2. reprimand;

3. severe reprimand;

4. demotion in class rank;

5. deprivation badge"For irreproachable service in the Prosecutor's Office of the Russian Federation";

6. deprivation of the badge " Honorary Worker Prosecutor's Office of the Russian Federation";

7. warning about incomplete service compliance;

8. dismissal from the prosecutor's office;

2. civil servants, workers railway transport, employees of organizations with especially dangerous production in the field of the use of atomic energy and other categories of employees (sea, river transport).

Guarantees to protect the interests of employees from unreasonable disciplinary liability are established by law rules for imposing disciplinary sanctions, which are as follows:

1. imposed by the head of the enterprise or his deputy;

2. when imposing disciplinary sanctions, the circumstances under which the misconduct was committed, the previous work and behavior of the employee, the severity of the misconduct committed must be taken into account;

3. prior to the imposition of a penalty, an explanation must be received from the employee in writing;

4. for one misdemeanor, only one is imposed disciplinary action;

5. Penalty is imposed on the employee no later than 1 month from the date of his discovery, not counting the time of illness of the employee or his stay on vacation. Penalty cannot be imposed later than 6 months from the day the misconduct was committed, and based on the results of the audit - no later than 2 years from the day it was committed. The above time limits do not include the time of criminal proceedings. In doing so, it should be borne in mind that:

1. a one-month period for imposing a disciplinary sanction should be calculated from the day the misconduct was discovered;

2. The day when a misdemeanor is discovered, from which the monthly period begins, is considered the day when the person to whom the employee is subordinate in the service became aware of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions;

3. by virtue of the law, within a month for the application of a disciplinary sanction, only the time of illness of the employee or his stay on vacation is not counted; absence from work for other reasons, including in connection with the use of rest days (days off), regardless of their duration (for example, when shift method organization of work), does not interrupt the course of the specified period;

4. Vacation interrupting the course of a month should include all vacations provided by the administration in accordance with applicable law, including annual (basic and additional) vacations, vacations in connection with training in educational institutions, short holidays without saving wages and others;

3. the order is communicated to the employee against receipt;

4. An employee is considered not subjected to a disciplinary sanction if, within a year from the date of its application, he is not subjected to a new disciplinary sanction.

For violation of labor discipline, the administration has the right to apply a disciplinary sanction to the employee even when, before committing this misconduct, he filed an application for termination of the employment contract on his own initiative, since the employment relationship in this case is terminated only after the expiration of the dismissal notice.

In the event that the administration, in accordance with Art. 138 of the Labor Code of the Russian Federation, instead of applying a disciplinary sanction to an employee, referred the issue of violation of labor discipline by him to the consideration of the labor collective, by the decision of which measures of public influence were applied to the employee, the administration does not have the right to subject the violator to disciplinary action for the same misconduct, since it did not use the right granted to it bring the employee to disciplinary responsibility.

Lecture 13

Housing law.

1. Concept and principle housing law

Housing law, *in the narrow sense* - the subjective right of a particular person to housing; *in a broad sense* - an institution (a sub-sector civil law), which includes the norms of other branches of law devoted to housing relations or relations related to housing (administrative, land, financial and environmental law).

The subject of regulation of housing law *in a broad sense* are housing legal relations arising in accordance with paragraph 1 of Art. 4 ZhK RF:

On the emergence / exercise / change / termination of the right to own, use and dispose of residential premises of the state and municipal housing stock

Use of residential premises of private housing stock

Use of common property

Attribution of premises to the number of residential premises and their exclusion from the housing stock

· Accounting for the housing stock

Refurbishment/remodeling of residential premises

Management of apartment buildings

Creation of activities of housing and housing-construction cooperatives, partnerships, homeowners, rights and obligations of their members

Provision of public services

・Payment of housing fees utilities

Control over the use and safety of the housing stock in accordance with the compliance of residential premises with established sanitary and technical standards and other legislation

Subjects (participants) of housing legal relations in accordance with paragraph 2, paragraph 4 of Art. LCD of the Russian Federation - are individuals / legal entities, the Russian Federation and its subjects, as well as municipalities.

Regulation on non-material incentives establishes the rules for non-material incentives for employees and the procedure for the formation of a part of the compensation package, consisting of non-material incentives.

The regulation is approved by the head of the organization and put into effect by order.

1. General Provisions

* In the General Provisions section indicate the main goals and objectives of its development, as well as from which fund the cost of non-material incentives is paid.

1.1. This regulation describes the principles and rules for the distribution of non-material remuneration and the procedure for the formation of a compensation package in the part consisting of non-material incentives for employees organizations "..........".

1.2. All employees can be encouraged to conscientious work and achieved economic, material, financial and other results.

1.3. The allocation of funds to encourage employees is provided for when distributing profits by directing part of the profits to a special fund not financial incentives employees. The non-material motivation fund is formed based on the results of each financial year and is approved by the general meeting of shareholders and heads of the organization. In the absence of profit in the Company, the non-material incentive fund is not formed.

2. The structure of the system of non-material incentives

2.1. The system of non-material incentives is formed from the following main types of non-material incentives:

2.1.1. Employee incentives:

– public acceptance- public recognition of the results of the work of employees in the form of gratitude (clause 3.1.);

- awarding - the issuance of status insignia, certificates, diplomas (clause 3.2.);

- valuable gifts - handing out souvenirs, coupons for the purchase of valuables, etc. (p. 3.3. and 3.4.);

2.1.2. Changing the status of an employee - promotion, rotation or other change of position or activity desired by the employee (clause 3.5.).

2.1.3. Training of employees - internships, participation in seminars, trainings, advanced training (clause 3.6.).

2.1.4. Organization of corporate leisure activities - field trips and other events, competitions with the participation of the closest relatives, exhibitions and competitions for the children of employees (clause 3.7.);

2.1.5. Benefits not provided for by the Labor Code of the Russian Federation - the provision of non-state programs to employees pension funds, credit benefits, life insurance, financial assistance etc. (item 4.)

2.2. Additional measures include a variety of low-budget incentive programs for employees (clause 5.).

3. The procedure for applying the main non-material incentives

* AT section "The procedure for applying the main non-material incentives" describe:

- the procedure and rules for conducting incentive events;

- the terms and conditions for the application of a particular type of incentives;

- a list of documents describing the rules and norms for the use of non-material incentives (if the organization has them).

3.1. The following types of public recognition can be applied to all groups of employees:

- declaration of gratitude for the conscientious performance of labor duties, namely: for saving the organization's funds, innovation, rationalization activities.

– entry on the Board of Honor for conscientious performance of labor duties, namely, overfulfillment production plan, early implementation of the production plan, improving the quality of products (services rendered, work performed).

– awarding a Letter of Appreciation for continuous and flawless work, conscientious performance of labor duties during three years.

– awarding a Certificate of Honor for continuous and impeccable work, for conscientious performance of labor duties during five years.

- conferring the title Best Professional of the year" for conscientious performance of labor duties, professional skills, achievement of high professional results and indicators.

3.2. Employees are awarded badges of distinction (badge organizations "......", cups, certificates and diplomas) in case of participation and winning places in corporate professional and sports competitions or other competitions.

3.3. Employees are rewarded with valuable gifts for anniversaries ( 45, 50, 55, 60, 65 years). The cost of gifts for all anniversaries is the same and is determined depending on the size of the non-material incentive fund.

3.4. Employees are awarded with valuable gifts for conscientious performance of labor duties, high performance and creative achievements.

3.5. Changing the status, position of an employee is carried out in accordance with the rules and regulations approved in the Regulations on personnel reserve organizations "........".

3.6. Staff training is used as a method of non-material incentives in accordance with the rules and regulations approved in the Regulations on Staff Training organizations ".........".

3.7. In order to unite the interests of employees and the organization, to express gratitude to employees for their work, the organization conducts:

- events in honor of the annual public holidays ( New Year, Defender of the Fatherland Day, International Women's Day);

- events to honor the organization ( Birthday of the organization, Anniversary of the organization);

- events to honor employees ( Award Ceremony "Best Professional");

– events to entertain and unite the interests of employees ( offsite events, sports and professional competitions, professional competitions);

- Activities with family members drawing competition for employees' children).

4. The procedure for applying benefits not provided for by the Labor Code of the Russian Federation

* In the section “Procedure for applying benefits not provided for by the Labor Code of the Russian Federation» describe:

- the list and composition of the main benefits not provided for by the Labor Code of the Russian Federation;

- list and composition of additional benefits that apply only to certain categories of employees;

– rules and conditions for the distribution and application of benefits

4.1. In the main compensation package for all categories of employees of the organization who have passed probation, in addition to material remuneration includes the following benefits not provided for by the Labor Code of the Russian Federation:

– corporate transport services from metro stations;

– gym membership;

– the opportunity to purchase products manufactured by the organization with discounts (the amount of the discount for employees is established by the organization’s local acts);

– connection to corporate cellular communication with discounted rates. Categories of employees who are provided with preferential conditions for paying for cellular communications are established by local documents based on the order of the General Director;

– voluntary medical insurance (VHI);

– free meals in the cafeteria;

– free use of hot drinks vending machines (tea, coffee).

4.2.1. Housing rental compensation

Organization compensates 100% housing rental cost CEO and his deputies, and 30% from the monthly cost of renting housing for heads of departments.

For other categories of employees, housing rental compensation is possible by order CEO, in case the hired employee is from other cities and does not have the opportunity to come to the office by transport every day.

4.2.2. Taxi payment and provision of company transport

Payment for taxi services or provision of official transport for the delivery of employees to the airport, railway stations when sent on a business trip is made for the list of employees in accordance with Appendix 1.

4.2.3. Employee insurance

The organization provides insurance for individual employees against accidents. At the same time, insurance risks, in the event of the occurrence of which insurance is carried out in accordance with the insurance contract, are:

– partial disability as a result of an accident;

- permanent total loss of ability to work as a result of an accident;

– death of the insured person as a result of an accident.

The sums insured are set depending on the groups of employees in accordance with Appendix 2.

4.2.4. Employee lending.

Employees with a salary of at least 40 000 rubles are granted loans from the organization organizations "........." for the purchase of housing and other movable property.

The conditions for granting a loan, the interest rate and other requirements are established by the organization's local acts and are provided on the basis of an order CEO.

If an employee leaves the organization before the deadline for the final loan installment, then his obligations to the organization remain regardless of the reason for dismissal.

4.2.5. Issuance of material assistance

Financial assistance is provided to employees organizations "........" whose monthly remuneration does not exceed 30 000 rubles, in the following cases:

– death of a close relative (parent, spouse, child, brother/sister) in the amount of 10 000 rubles;

– the death of the employee himself, the employee’s family is paid material assistance in the amount of 20 000 rubles.

The basis for the payment of material assistance is the provision of Human Resource department death certificate of a relative/employee.

4.2.6. Additional retirement benefits:

The organization pays an additional pension to employees whose work experience in the organization is more than 20 years. The size preferential pension accrued in accordance with local acts of the organization on the basis of an order CEO.

An employee who retires is awarded a personal certificate of honor and a corporate medal.

After leaving the organization due to retirement, an employee may be invited as an expert or mentor to train interns and young professionals as a freelancer. The procedure for concluding an employment relationship agreement with retired employees is carried out in accordance with the norms labor law RF.

4.2.7. Separate parking space for vehicles

Parking on the territory of the office is provided only for company cars of employees holding positions from the head of the group and above.

The reserve of free and vacant parking spaces is reserved for new employees hired for the corresponding positions or for those employees who have received a promotion based on the results of the final annual staff assessment.

After dismissal, demotion, moving to another city to work in a division of the organization, or for other reasons, absence from work at the central office for more than three months, the coupon for a parking space on the territory of the organization is canceled.

4.2. These benefits are distributed among employees on the basis of the Table for the distribution of additional benefits not provided for by the Labor Code of the Russian Federation (Appendix 3) depending on:

– labor achievements;

- work experience in the organization;

- duties.

5. The procedure for applying additional non-material incentives

* AT section "The procedure for applying additional non-material incentives» describe:

- composition of additional incentives, rules and conditions for their application;

– persons to whom additional incentives are applicable;

- rules for applying additional incentives.

5.1. The list of non-material incentives, which are designed to diversify the system of non-material incentives for employees and meet the individual needs of, if possible, all categories of employees, includes:

– Challenge Cup for Achievements of the Week;

– photoshoot professional photographer in a studio;

– cinema, theater, concert tickets;

– rare professional books;

– company car for everyday use;

– company car with driver;

– ticket to the resort;

– personal office chair and furniture to order;

– publication of an article about an employee in corporate edition ;

– coupons for valuables;

– a dream come true;

– special birthday.

5.2. This list applies department heads and personnel department in addition to the basic compensation package, as aids to encourage employees to perform and over-perform work, work outside working hours, as compensation to employees if they used their own equipment, tools, cars, to perform work tasks.

5.3. Choosing non-material incentives from the list above, department heads and personnel department employees choose from one to several incentives, not exceeding the limit set for each category of positions in accordance with Appendix 4.

5.4. Selected non-material incentives are approved by the HR director and transferred to employees personnel department for implementation.

5.5. The list of non-material incentives can be supplemented by decision CEO on the basis of certain requests and wishes of the organization's personnel, identified during the survey and questioning of personnel.

6. Requirements for the design and implementation of events

* In the section "Requirements for the design and implementation of events" indicate:

- the main requirements and procedure for filing a submission (petition) when applying certain types of incentives, benefits and additional incentives;

– rules and terms for approval of submissions (petitions);

- the way they are approved.

6.1. Incentive measures are not applied to employees who have committed at least one disciplinary offense during the period being assessed, and who have a disciplinary sanction in connection with this, since the indispensable basis for the application of incentive measures is the conscientious performance by the employee of his labor duties.

6.2. Conscientious is the performance of labor duties by an employee in accordance with the requirements for the performance of his work, in compliance with the rules and regulations established by the employment contract, job description, internal labor regulations, instructions and requirements for labor protection and other documents.

6.3. The presentation of all types of incentives, the application for the inclusion of additional benefits in the main compensation package is drawn up by the immediate supervisor of the employee and submitted for approval HR director. After which the agreed submission (petition) Human Resource department submits for approval to CEO.

6.4. The idea of ​​applying incentive measures that require monetary investment is consistent with accounting organizations.

6.5. At the time of agreement Human Resource department and accounting has the right to demand from the originator of the submission additional documents and explanations confirming the existence of grounds (motive) for encouraging the employee.

6.6. Based on the agreed submission Human Resource department prepares a draft order to encourage an employee (or employees) and submits it to CEO along with the presentation.

6.7. Based on an agreed application to include additional benefits in the employee's basic compensation package Human Resource department prepares a draft order on the inclusion of additional benefits in the compensation package and submits it to CEO along with the request.

6.8. A submission on the application of non-material incentive measures is submitted by an authorized person for approval no later than two weeks before applying the incentive to the employee.

6.9. Term of coordination with the accounting department - five days from receipt of submission. Consistent representation accounting forwarded to the Human Resources Department.

6.10. Terms of coordination with the personnel department:

– three days from the date of receipt of the agreed accounting ideas about the application of measures of material incentives for the employee (employees);

– six days from the date of receipt of the submission on the application of measures of moral encouragement of the employee (employees).

6.11. CEO during five days from the date of receipt of the recommendation on the promotion and the draft order on the promotion of the employee (or employees) and, if there are grounds, considers and issues an order on the promotion of the employee (or employees).

6.12. CEO during five days from the date of receipt of the application for the inclusion of additional benefits in the basic compensation package of the employee (or employees) and the draft order, and if there are grounds, considers and issues an order for the inclusion of additional benefits in the basic compensation package of the employee (or employees).

6.13. The order to encourage the employee (employees) is introduced under the signature within three days from the date of signing the order CEO . The content of the order is brought to the attention of the labor collective at general meeting employees or by placing an appropriate announcement on the Information Board and the corporate website of the organization.

6.14. Information about awards and other incentives provided for by the legislation of the Russian Federation is entered into the work book and personal card of the employee, as well as collective agreements, internal labor regulations of the organization, charter and regulation on discipline of the organization "...........".

7. The procedure for implementing the rules and regulations of the Regulation

* In the section "Procedure for the implementation of the rules and regulations of the Regulations" indicate the person responsible for planning, organizing and implementing measures for non-material incentives for employees. Describe the rules and deadlines for planning, organizing and implementing non-material incentives for employees

7.1. Heads of divisions in agreement with HR director plan a monthly package of non-material incentives for subordinate employees based on the results for the month and submit it for approval to personnel department.

7.2. Human Resource department plans, organizes and conducts all activities provided for by these Regulations.

7.3. In some cases, provided for by the budget, Human Resource department may engage third parties to provide services for organizing corporate events.

7.4. The plan of measures and regulations for their implementation is drawn up by the personnel department and approved HR director for a year after summing up and reporting for the past financial year.

The order of people's behavior that meets the norms of law and morality that has developed in society, in a broad sense, is denoted by the concept - "discipline".

In relation to the issue under consideration, in the everyday sense, the category of "labor discipline" is recognized as - strict observance of the established order in production; labor discipline provides for timely arrival at work, compliance with the established length of the working day, rational use time for the most productive (fruitful) work, the exact execution of orders from the administration.

Speaking of state regulation labor relations, the legislator indicates the special definition and content of the concept of "labor discipline" used in labor legislation.

Labor discipline is obligatory obedience for employees to the rules of conduct that are defined by the Labor Code of the Russian Federation, other laws, collective agreements, agreements, labor contracts, internal labor regulations, other local regulations in force in the organization (Article 189 of the Labor Code of the Russian Federation).

To observe labor discipline is the duty of the employee (Part 2 of Article 21 of the Labor Code of the Russian Federation), in our understanding, includes such duties as observing the established working hours, following the instructions of the administration. And the creation of conditions necessary for employees to observe labor discipline is the responsibility of the employer. At the same time, the employer must be guided by the requirements and provisions of the Labor Code of the Russian Federation, laws, other regulatory legal acts, a collective agreement, agreements, local regulations containing labor law norms, an employment contract (Part 2 of Article 189 of the Labor Code of the Russian Federation).

Protection of the rights and interests of employees is the primary task of labor legislation (Article 1 of the Labor Code of the Russian Federation). The protection of the rights of employees is ensured by the statutory obligation of the employer to comply with labor and labor protection legislation.

Employees are obliged to work honestly and conscientiously, observe labor discipline, timely and accurately execute the employer’s orders, increase labor productivity, improve product quality, comply with technological discipline, labor protection, safety and industrial sanitation requirements, take care of property and the like.

The employer is obliged to properly organize the work of employees and pay them, create conditions for the growth of labor productivity, comply with labor legislation, be attentive to the needs and requests of employees, improve their working and living conditions, and the like.

Responsibilities for ensuring safe conditions and labor protection in the organization are assigned to the employer (Article 212 of the Labor Code of the Russian Federation).

The main responsibilities of employees and employers set out in the Labor Code of the Russian Federation are detailed and concretized, taking into account the characteristics of labor, in the Internal Labor Regulations, charters and regulations on discipline, in various instructions, in the technical rules.

The legislator prescribes, in order to establish the labor schedule of the organization, the provisions developed and formulated in accordance with the rules of law, to be fixed in the internal labor regulations of the organization.

The internal labor regulations of the organization (hereinafter referred to as the Labor Regulations) - as a document called by the legislator "local normative act”, is intended to regulate, 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, the mode of operation, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations in the organization” (parts 3 and 4 of article 189 of the Labor Code of the Russian Federation).

Note.

Defining general provisions procedure for approving the Labor Regulations (Article 190 of the Labor Code of the Russian Federation), the legislator, according to the authors, suggests two possible options for resolving this issue.

1. The employer, taking into account the opinion of the representative body of the employees of the organization, but independently develops and approves the Labor Regulations.

The procedure for communication between the employer and the representative body of employees (trade union body) when adopting the Labor Regulations is governed by the provisions of Article 372 of the Labor Code of the Russian Federation:

Employer to enforce the Rules internal regulations sends the draft document to the trade union body representing the interests of all or the majority of employees of this organization;

Within 5 days, the trade union body must familiarize itself with the draft, discuss, evaluate the content of the submitted draft Rules, and send a written response to the employer - a reasoned opinion on the draft;

If the opinion of the employer does not coincide with the opinion of the trade union body, the employer may agree with the objections and adopt the Rules, taking into account the proposals of the body, or, as the legislator obliges, “within three days after receiving a reasoned opinion, conduct additional consultations with the elected trade union body workers";

If after that a “mutually acceptable solution” is not reached, the disagreements are drawn up in a protocol, after which the employer has the right to accept own version Labor regulations.

Note.

However, the Labor Code of the Russian Federation allows that a document adopted in this way can be appealed to the appropriate state labor inspectorate or to the court. In addition, the trade union body has the right to initiate the procedure of a collective labor dispute.

Upon receipt of a complaint (application) from an elected trade union body, the State Labor Inspectorate is obliged, within one month from the date of receipt of the complaint (application), to conduct an inspection and in case of detection labor law violations issue an order to the employer to cancel his version of the Labor Regulations. The order is binding.

2. Allowing the possibility of recognizing the Labor Regulations as an annex to the collective agreement (Part 2 of Article 190 of the Labor Code of the Russian Federation), the legislator, apparently, intends to include in the Labor Regulations such provisions, requirements and conditions on which the consent of the subjects of labor relations has been reached, in including subjects of the collective agreement.

If it is necessary to change or supplement the Labor Regulations, the procedure provided for concluding a collective agreement (Articles 42 and 44 of the Labor Code of the Russian Federation) is carried out.

Note.

For the status of a collective agreement in the regulation of labor relations, see Articles 40 and 43 of the Labor Code of the Russian Federation.

In the incentive system operating in the organization, an important place is occupied by the mechanism for presenting employees to incentives.

In the provision on encouragement, it is necessary to separate the rights of managers at various levels in the application of each type of encouragement.

So, it seems quite logical to use the manager structural unit(department, workshop, and so on) incentive measures that are not associated with serious material costs for the organization, for example, an announcement of gratitude, early withdrawal previously imposed penalty, payment of bonuses (one-time bonuses) in small amounts to the best employee of the department, and others.

The head of the organization may have broader powers to apply incentive measures to employees. The incentive system is more effective if his powers extend only to the use of incentives that are of an individual one-time nature (in relation to a specific employee). At the same time, the bonus mechanism for the bulk of employees is carried out in accordance with the rules in force in the organization, which are documented.

The system of incentives in the organization is effective only if the employees of the organization are aware of the principles of its functioning, understand it. Their belief in the fairness of this system is also of great importance.

In general, the grounds for applying incentive measures to employees can be:

exemplary performance of labor duties;

increase in labor productivity;

Improving the quality of products;

· cost savings for the organization;

Long-term and flawless work in the organization;

timely and conscientious performance by employees of their duties;

· innovation in work;

· other achievements in work.

As practice shows, these general grounds are not enough to develop a bonus system in an organization. Therefore, the heads of organizations and personnel services seek to develop more specific indicators. At this stage, most of the difficulties arise. In the absence of normalizing indicators, the application of incentives to employees is usually very subjective and may ineffectively affect the functioning of the incentive system in the organization as a whole. In this regard, the issue of developing normative indicators of labor efficiency in the organization should be given the closest attention.

It is advisable to form a system of factors that serve as grounds for bonuses to employees for different categories employees in different ways - taking into account the nature of the work performed, the procedure for accounting and standardizing the results of the work of various categories of employees.

For example, it is advisable to define a different approach to the development of bonus systems for employees whose work rationing is based on financial and other indicators for the entire organization as a whole and for those categories of employees who have personal rationing indicators. Employees can be roughly divided into three categories:

1) The management of the organization - the administration of the organization;

2) Middle and junior management - managers separate subdivisions, departments, workshops, working groups. For this category of workers, it is expedient to develop standardizing performance indicators depending on the indicators of the structural units they manage.

The provision on encouragement is included in the system of local regulations of the organization. Legislation does not regulate the procedure for the entry into force of this normative document. Therefore, the organization (governing bodies) can independently determine the procedure for approving this document, taking into account the general system for the development and adoption of local regulations in this organization.

In accordance with labor legislation, labor discipline is also achieved using the method of coercion. In necessary cases, violators can be brought to disciplinary responsibility, that is, when disciplinary measures are applied to them - disciplinary sanctions.

In Article 192 of the Labor Code of the Russian Federation, the legislator indicates the general definition and content of the concept of "disciplinary offense" used in labor legislation.

According to the meaning of the definition, it is possible to list the main signs of a disciplinary offense allocated by the Labor Code of the Russian Federation:

Actions or inaction of the employee, which are defined in the law as non-performance or improper performance of labor duties;

The presence of guilt is a mandatory sign of a disciplinary offense (responsibility comes only for guilty actions, inaction);

The presence of signs of a disciplinary violation of the employee's labor duties;

The possibility of imposing a disciplinary sanction on an employee for committing a disciplinary violation.

Disciplinary responsibility is usually divided into general and special. All employees may be held liable for general disciplinary liability for violations of internal labor regulations. General disciplinary responsibility involves the application of a disciplinary sanction to the violator of labor discipline, provided for in Article 192 of the Labor Code of the Russian Federation:

3) on relevant grounds.

Special disciplinary responsibility is borne by employees who are subject to the charters and regulations on discipline. These regulatory legal acts provide for more stringent penalties. Such employees include, for example:

prosecutors;

Civil servants;

Railway workers;

Employees of organizations with especially dangerous production in the field of atomic energy use;

The established procedure for applying disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation) serves as guarantees for protecting the interests of employees from unreasonable disciplinary liability.

Note.

When applying the norms of Article 193 of the Labor Code of the Russian Federation, it is necessary to take into account the presence of the following conditions:

Whether in reality there was a violation committed by the employee, which served as a reason for dismissal, and could be the basis for terminating the employment contract,

Are the deadlines for applying a disciplinary sanction provided for by the same article of the Labor Code of the Russian Federation observed?

Only one disciplinary sanction is imposed per misdemeanor.

In some cases, when the violation of labor discipline by an employee is not obvious, in order to clarify the circumstances and obtain reliable data, an administrative investigation (inspection) is appointed and conducted.

During the audit, information related to the misconduct is publicly collected and documented, including the following:

Purposes and motives for committing an offense;

The presence of guilt in the actions or inaction of specific employees and the degree of guilt of each in the event of a misconduct committed by several employees;

Circumstances affecting the degree and nature of the responsibility of the guilty employee;

Personal and business qualities employee, his previous behavior;

Reasons and conditions that contributed to the misconduct;

The nature and amount of damage caused by the employee who committed the misconduct.

The employer issues an order to conduct an inspection, in which it determines the timing of the inspection, the person (or persons) entrusted with conducting it, the deadline for submitting the materials of the inspection and the conclusion on its results.

Employees for the period of the inspection may be temporarily suspended from the performance of their duties.

The employee, in turn, has the right:

Give written explanations outlining your opinion about the misconduct committed, state evidence on the merits of your explanation;

Demand that documents and materials submitted by him be attached to the verification materials;

Submit an application for the removal of the employee from the inspection, with specific arguments explaining the removal;

In case of establishing violations in his actions at the end of the inspection, get acquainted with its materials and the conclusion on the results of the inspection, which is certified by the signature of the employee in respect of whom the inspection was carried out, on the conclusion on the results of the inspection. In case of refusal to familiarize with the conclusion or to sign, an act is drawn up.

Upon completion of the audit, a conclusion is drawn up, which is presented to the head. Based on the results of the investigation, an order is issued to bring the employee to disciplinary liability.

Any actions of an employee that comply with laws and other regulatory legal acts cannot be qualified as a disciplinary offense. It is impossible to subject an employee to a disciplinary sanction for refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by law, until such danger is eliminated or from performing hard work and work with harmful and (or) hazardous conditions work not covered by the employment contract. This follows from paragraph 19 of the Resolution of the Plenum of the Supreme Court Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”. In addition, on the basis of paragraph 37 of the Resolution, it can be concluded that the employee’s refusal to comply with the employer’s order to leave this employee to work before the end of the vacation cannot be qualified as a violation of labor discipline. This decision is justified by the fact that the law does not provide for the employer's right to prematurely recall an employee from vacation without his consent.

Only such unlawful actions or inaction of an employee that are directly related to the performance of his labor duties can be recognized as a disciplinary offense. Paragraph 35 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" to violations of labor discipline, which are disciplinary offenses, include:

The absence of an employee good reasons at work or workplace;

Refusal of an employee without good reason to perform labor duties in connection with a change in the established order of labor standards;

Refusal or evasion without good reason from medical examination of workers of certain professions;

Refusal of an employee to go to working time special education and passing exams in labor protection, safety precautions and operating rules, if this is prerequisite permission to work.

From paragraph 36 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, it follows that the refusal of an employee without good reason to conclude an agreement on full liability if the fulfillment of duties for the maintenance of material assets is for the employee his main labor function, which is agreed upon when hiring and in accordance with the law, an agreement on full liability can be concluded with him.

According to article 193 of the Labor Code of the Russian Federation, only one disciplinary sanction can be applied for each disciplinary offense. However, as follows from paragraph 33 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, if the failure to perform or improper performance of the labor duties assigned to the employee continued through his fault, despite the imposition disciplinary sanction, then it is permissible to apply a new disciplinary sanction to such an employee, including dismissal.

The specific measure of disciplinary action is chosen by the employer. At the same time, he must take into account the severity of the misconduct, as well as the circumstances under which the misconduct was committed, the behavior of the employee preceding this misconduct, and the attitude to work. The employer must provide evidence showing not only that the employee committed a disciplinary offense, but also that all the above circumstances were taken into account when imposing a penalty. When considering a reinstatement case, a claim can be satisfied if the court concludes that the misconduct did take place, but the employee was dismissed without taking into account the above circumstances. Such explanations are given in paragraph 53 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”.

In accordance with Article 193 of the Labor Code of the Russian Federation, the employer must request a written explanation from the employee before applying a disciplinary sanction. If the employee refuses to give the specified explanation, then an appropriate act is drawn up and this is not an obstacle to the application of a disciplinary sanction.

Article 193 of the Labor Code of the Russian Federation establishes the period for applying a disciplinary sanction: no later than one month from the date of discovery of the misconduct. It should be borne in mind that:

The one-month period for imposing a disciplinary sanction must be calculated from the day the misconduct was discovered;

The day when the misdemeanor is discovered, from which the monthly period begins, is considered the day when the person to whom the employee is subordinate at work (service) became aware of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions;

The one-month period for the application of a disciplinary sanction does not include the time of illness of the employee, his stay on vacation, as well as the time required to comply with the procedure for taking into account the opinion of the representative body of employees. The absence of an employee from work for other reasons, including in connection with the use of days of rest (days off), regardless of their duration (for example, with a rotational method of organizing work), does not interrupt the course of the specified period.

Based on the provisions of Article 193 of the Labor Code of the Russian Federation, a disciplinary sanction cannot be applied later than six months from the date of the misconduct, and only based on the results of an audit, audit of financial and economic activities or an audit - later than two years from the date of its commission. The time of proceedings in a criminal case shall not be included within the specified time limits.

The order to apply a disciplinary sanction is announced to the employee against receipt within three working days from the date of issuance of the order. If the employee refuses to sign the order, then an appropriate act is drawn up.

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The basis for applying incentive measures to an employee is his conscientious efficient work, i.e., the impeccable performance of labor duties, increasing labor productivity, improving product quality, continuous conscientious work, as well as other achievements in work.

In the charters and regulations on discipline, the grounds for the application of incentive measures are specified in relation to the peculiarities of working conditions in specific industries (fields of activity). So, for example, incentives are applied to employees of maritime transport for reasonable initiative and creative activity, rationalization and inventive activity, fulfillment of individual orders and other achievements in work.

The grounds for the application of incentive measures may be specified by the internal labor regulations in relation to the tasks of the relevant organization.

Incentive measures are divided into: by way of impact on employees - on moral and material, on registration and consolidation in legal acts - legal and non-legal, by scope - general, applicable to any employees, and special, as well as according to the authorities applying them .

Depending on the social significance of the employee's merits, incentive measures are divided into two types: incentives for success in work and incentives for special labor merits.

Types of incentives for success in work and the procedure for their application. In accordance with Art. 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously perform labor obligations, by declaring gratitude, issuing a prize, awarding a valuable gift, a certificate of honor, presenting to the title of the best in the profession.

The list of incentive measures given in the first part of Art. 191 of the Code, is exemplary. Federal laws and other regulatory legal acts, charters and regulations on discipline may establish other additional incentives. So, for example, such incentive measures as awarding the Certificate of Honor of the State Customs Committee of the Russian Federation can be applied to customs officers; awarding with badges "Honorary customs officer of Russia", "Excellent worker customs service"; early assignment of the next special rank; awarding with personalized weapons; assignment of the next special rank one step higher than the corresponding position held; early removal of the previously imposed disciplinary sanction.

The list of incentive measures established by Art. 191 of the Code, other federal laws, as well as charters and regulations on discipline, can be specified or expanded in relation to work in a separate organization in the internal labor regulations approved by the employer, taking into account the opinion of the representative body of employees of the organization, or in a collective agreement.

Prior to the adoption of the new Labor Code, the employer could apply incentives only jointly or in agreement with the relevant elected trade union body operating in the organization. Now procedure for applying incentive measures The Code does not establish, therefore, the employer has the right to determine it at his own discretion.

In the charters and regulations on discipline, the procedure for applying incentive measures, as a rule, is regulated in detail. For example, in accordance with the Regulations on the Discipline of Railway Transport Workers of the Russian Federation, the following procedure applies in the railway transport system: a) every leader has the right to express gratitude; b) the announcement of gratitude in the order, the issuance of a bonus, the awarding of a valuable gift, a Certificate of Honor are made by the head who has the right to hire this employee; c) the badge "Honorary Railwayman" is awarded by order of the Minister of Railways of the Russian Federation.

An employer can simultaneously apply several incentive measures to an employee (for example, an employee can be thanked and given a cash bonus, he can be awarded a Certificate of Honor with a valuable gift, etc.).

Incentives are issued by order (instruction) of the employer. The order establishes for what kind of success in work the employee is encouraged, and also indicates a specific incentive measure.

In some cases, the charters (regulations) on discipline establish additional rules for the use of incentives. For example, the Disciplinary Charter of the paramilitary mine rescue units for servicing mining enterprises in the metallurgical industry establishes that incentives must be announced before the formation or at a meeting of paramilitary personnel.

Rewards for special labor merits. For special labor services to society and the state, employees can be presented for state awards of the Russian Federation, which are the highest form of encouraging citizens for outstanding services in protecting the Fatherland, state building, economics, science, culture, art, education, education, health protection, life and rights of citizens and other outstanding services to the state.

In accordance with paragraph "c" of Art. 71 of the Constitution of the Russian Federation, the establishment of state awards and honorary titles of the Russian Federation is referred to the competence of state authorities of the Russian Federation. The right to award state awards of the Russian Federation and confer honorary titles of the Russian Federation and the highest special titles belongs to the President of the Russian Federation (paragraph "b" of Article 89 of the Constitution of the Russian Federation). The President of the Russian Federation issues decrees on the establishment of state awards and on the awarding of state awards, and also presents these awards. On his behalf and on his behalf, state awards can be presented by: federal bodies state power; Head of the Office of the President of the Russian Federation for State Awards; heads of state authorities of the constituent entities of the Russian Federation; authorized representatives of the President of the Russian Federation, etc.

State awards of the Russian Federation in accordance with the Regulations on State Awards of the Russian Federation are: the title of Hero of the Russian Federation, orders, medals, insignia of the Russian Federation; honorary titles of the Russian Federation.

The title of Hero of the Russian Federation is awarded for services to the state and the people associated with the accomplishment of a heroic deed. For the purpose of special distinction of citizens awarded this title, a sign of special distinction has been established - the Gold Star medal.

In order to encourage citizens for high professional skills and many years of conscientious work, the Decree of the President of the Russian Federation of December 30, 1995 "On the establishment of honorary titles of the Russian Federation, the approval of regulations on honorary titles and the description of the badge for honorary titles of the Russian Federation" introduced more than 50 honorary titles and among them: "People's Artist of the Russian Federation", "People's Artist of the Russian Federation", "Honored Agronomist of the Russian Federation", "Honored Architect of the Russian Federation", "Honored Test Pilot of the Russian Federation", "Honored Lawyer of the Russian Federation". Honorary titles are awarded to highly professional employees for their personal merits. To receive an honorary title, you must have worked in the relevant industry for at least 10 or 15 years.

The federal law "On Veterans" establishes the title "Veteran of Labour". In accordance with the Regulations on the procedure and conditions for conferring the title "Veteran of Labour", this title is awarded to: required for the appointment of an old-age or superannuation pension; b) persons who started their labor activity at a minor age during the Great Patriotic War and having a work experience of at least 40 years for men and 35 years for women.

Civil servants and other citizens of the Russian Federation, whose work has earned wide recognition due to their personal contribution to the implementation of the social and economic policy of the state, are subject to the award of the Certificate of Honor of the Government of the Russian Federation.

One of the types of encouragement for special labor merits is the awarding of State Prizes in the field of literature and art, science and technology; Prizes of the President of the Russian Federation and Prizes of the Government of the Russian Federation.

The Labor Code of the Russian Federation established the obligation of the employer to enter information on employee incentives and awards in the work book. The new Code (Article 66) no longer requires the employer to contribute to work books all information about rewards. Information about state awards, as well as other employee awards for success in work, is entered into his work book without fail.

Previously, the Labor Code of the Russian Federation prohibited the use of incentives during the period of the disciplinary sanction. The Labor Code of the Russian Federation does not contain such a prohibition, therefore, the employer acts in these cases at his own discretion.

Disciplinary responsibility of employees and its types

Disciplinary liability of employees is one of the types of legal liability that is imposed for misconduct.

Disciplinary liability is the obligation of the employee to endure adverse consequences, provided for by the norms of labor law, for guilty, unlawful failure to perform or improper performance of their labor duties. Employees who have committed a disciplinary offense may be subject to disciplinary liability. Consequently, the basis of disciplinary liability is always a disciplinary offense committed by a particular employee.

In accordance with Art. 192 of the Labor Code of the Russian Federation, disciplinary offense failure to perform or improper performance by the employee due to his fault of the labor duties assigned to him is recognized.

A disciplinary offense, like any other offense, has a set of features: subject, subjective side, object, objective side. The subject of a disciplinary offense can only be a citizen who is a member of the labor relations with a specific employer and violating labor discipline. The subjective side of a disciplinary offense is the fault on the part of the employee. It expresses the mental attitude of the violator of labor discipline to his illegal action. Guilt can be in the form of both direct or indirect intent, and in the form of negligence. The object of a disciplinary offense is the internal labor schedule. The objective side of a disciplinary offense is harmful consequences and causality between them and the action (inaction) of the offender. At the same time, the action (inaction) of the employee is unlawful if it violates the employee's labor duties. Therefore, the employee's refusal to comply with the employer's order, which is contrary to the law, cannot be considered a violation of labor duties.

A disciplinary offense is characterized, firstly, by the employee’s failure to fulfill his labor duties provided for by the current labor legislation, internal labor regulations, charters and regulations on discipline, technical rules, official positions and instructions, as well as arising from the employment contract concluded by the employee with a particular organization. Such violations include the refusal or evasion, without good reason, of medical examination of workers in certain professions, as well as the refusal of the employee to undergo special training during working hours and pass exams on safety and operating rules, if this is a prerequisite for admission to work.

Secondly, a disciplinary offense is distinguished by an unlawful nature, i.e. such behavior of an employee that violates the law. The actions of an employee that do not go beyond the law cannot be considered illegal. For example, it is not a disciplinary offense for a woman who has a child under the age of 3 to refuse overtime, since she can be involved in such work only with her consent (Article 99 of the Labor Code of the Russian Federation). Besides, arbitrage practice considers it lawful for the employee to disobey the orders of the head of the organization that violate the requirements of the law.

Thirdly, a disciplinary offense is always a guilty action (intentional or careless). Failure to perform labor duties through no fault of the employee (for example, due to an unequipped workplace, failure to ensure the protection of the employer's property) cannot be considered a disciplinary offense.

The current labor law provides two kinds disciplinary responsibility of employees: general and special.

The first kind - general disciplinary responsibility, which is provided for by the Labor Code and internal labor regulations. It applies to all employees, except for those for whom special disciplinary liability is provided.

For violation of labor discipline, the employer has the right to apply the following disciplinary action: 1) remark; 2) reprimand; 3) dismissal on appropriate grounds (Article 192 of the Labor Code of the Russian Federation). It should be noted that earlier the Labor Code of the Russian Federation also provided for such a penalty as a severe reprimand.

When imposing a disciplinary sanction, the severity of the misconduct committed, the circumstances under which it was committed, the previous work and the behavior of the employee must be taken into account. What specific measure of disciplinary action to apply to the employee is the right of the employer himself. At the same time, the list of disciplinary measures that can be applied to the violator of labor discipline is exhaustive. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

The second kind - special disciplinary responsibility established for a narrow circle of employees: judges, prosecutors, investigators, civil servants, employees of a number of industries that fall under the statutes and regulations on discipline. In accordance with Art. 192 of the Labor Code of the Russian Federation, federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions (other than those indicated above).

Special disciplinary responsibility differs from the general one in the following ways: 1) the circle of persons falling under its action; 2) disciplinary measures; 3) the circle of persons and bodies entitled to apply penalties; 4) according to the procedure for applying and appealing penalties.

One of the types of special disciplinary liability is liability under the charters and regulations on discipline. It applies mainly to employees of the relevant sector of the national economy, who perform the main, core work in it, as well as to employees of the central office. Charters (regulations) not only define the circle of these persons, but also indicate officials empowered to impose disciplinary action.

Employees who bear disciplinary responsibility under the charters (regulations) on discipline, along with general penalties, may also be subject to the penalties provided for in the relevant charter (regulation). For example, the Charter on the Discipline of Maritime Transport Workers, approved by the Decree of the Government of the Russian Federation of May 23, 2000, introduced such a disciplinary sanction as a warning about incomplete official compliance, which is applied in cases of: a) systematic failure to fulfill official duties and orders of the head; b) repeated commission of disciplinary offenses; c) violations of laws and other regulatory legal acts on the issues of ensuring the safety of navigation, the safety of property at sea, the prevention of situations that threaten life and health of people, the protection and preservation of the marine environment.

The Charter on the Discipline of Fishing Fleet Workers of the Russian Federation, approved by the Decree of the Government of the Russian Federation of September 21, 2000, provides for the withdrawal of diplomas from captains and officers of the fishing fleet for a period of up to 3 years with the consent of the employee to another job for the same the term, taking into account the profession (specialty), for violation of labor discipline, which created a threat to the safety of navigation, life and health of people at sea, pollution environment, as well as for a gross violation of the rules of fishing.

On the basis of special provisions, disciplinary responsibility is also borne by executives elected, approved or appointed to positions by the highest bodies of state power and administration of the Russian Federation and the republics within the Russian Federation. The Federal Law of the Russian Federation "On the Fundamentals of the State Service of the Russian Federation" dated July 31, 1995 establishes special disciplinary responsibility for civil servants. Features of this responsibility are additional measures of disciplinary action. A measure has been introduced, such as a warning about incomplete service compliance (clause 4, article 14). Dismissal may take place for the disclosure of information constituting a state or other secret protected by law (clause 4, part 2, article 25). Such a measure as the temporary suspension (but not more than for 1 month) of those who committed a disciplinary offense from the performance of official duties with the preservation of a monetary allowance until the issue of his disciplinary responsibility is also applied to civil servants, etc.

On the basis of special provisions, judges, prosecutors, their deputies, assistants, and investigators also bear disciplinary responsibility. The federal law "On the Prosecutor's Office of the Russian Federation" dated January 17, 1992 provides for such measures of special responsibility as demotion in class rank; warning of incomplete service compliance; deprivation of the badge "Honorary Worker of the Prosecutor's Office of the Russian Federation"; deprivation of the badge "For impeccable service in the prosecutor's office of the Russian Federation" (clause 1, article 41.7).

The procedure for the application and removal of disciplinary sanctions is determined by Art. 193, 194 of the Labor Code of the Russian Federation.

Before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If the employee refuses to give the specified explanation, an appropriate act is drawn up.

The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, on vacation, and the time required to take into account the opinion of the representative body of employees (in the case when this is provided for by the Code). A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), an appropriate act is drawn up.

A disciplinary sanction may be appealed by an employee to state inspections labor or individual review bodies labor disputes.

If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction. Therefore, disciplinary measures, unlike incentive measures, are never entered into the work book (with the exception of such a type of disciplinary sanction as dismissal).

The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

Bringing to disciplinary responsibility the head of the organization, his deputies at the request of the representative body of employees. Labor Code(Article 195) provided for the possibility of bringing to disciplinary responsibility such a special category of employees as the head of the organization and his deputies. The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of employees.

If the facts of 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.

30. Protection of the labor rights of workers. ILO conventions emphasize that the most vulnerable side of labor relations is the worker. Therefore, they need state protection from the arbitrariness of the employer (owner). Different states have different levels of such protection.

In Russia, during the years of Soviet power, workers got used to being protected by the working people's state, starting with the creation of labor legislation, the Code, which provided for such protection.

The Labor Code adopted the tradition of the Labor Code for the protection of the labor rights of workers and even singled out section XIII specifically, entitled “Protection of the labor rights of workers. Resolution of labor disputes. Responsibility for violation of labor legislation”.

The very first article of this section (Art. 352) specifies the main three ways to protect the labor rights of workers and their legitimate interests, state supervision and control over compliance with labor laws, protection of labor rights of workers trade unions and self-defense by employees of labor rights (self-defense in Article 379 of the Labor Code means only the refusal of an employee to continue work that directly threatens his life and health). At the same time, such a form as the initiative of employees to apply to jurisdictional bodies for the resolution of individual and collective labor disputes should also be attributed to self-defense. These three main methods are discussed in the topic of labor disputes.

The concept of protecting the labor rights of workers must be distinguished in its broad and narrow aspects.

The protection of the labor rights of workers in the narrow sense of the word is the enforcement of labor rights, protection, saving them from violations, including their prevention, the real restoration of illegally violated rights and the establishment by labor legislation and the actions of relevant bodies of real effective responsibility of employers and their representatives ( administration) for violation of labor legislation, its failure to comply, i.e. for violation of the labor rights of employees. In this narrow sense, such protection is defined by the volume of section XIII of the Labor Code.

In a broad sense, the protection of the labor rights of workers should be understood as the implementation of the protective function of labor law, which in turn reflects the protective function of the state. Therefore, the protection of the labor rights of workers in the broad sense includes protection in the narrow sense, but with its components it also has the following most important ways to protect these rights:

1) the establishment already at the federal level by the Code and other labor legislation of a high level of working conditions, guarantees of the basic labor rights of workers, which are supplemented, increased, developed by regional labor legislation and in a contractual manner by collective agreements, agreements, employment contracts;

2) the continued development of industrial democracy, both direct and representative (through trade unions and other representatives of workers), so that the workers themselves participate both in determining the Rules of the internal labor regulations and in establishing the obligation to conclude collective agreements in the organization, without giving all this to the decision only the employer

3) widespread promotion of labor legislation by all means through the media, lectures, etc. among workers, as well as training in the basics of its employers and their representatives (administration) using the practice of showing effective ways to protect against labor offenses, teaching workers to culturally fight for their labor rights.

labor rights workers are called upon to protect all jurisdictional bodies considering labor disputes, including their judicial protection.

The application of incentive measures to employees is a recognition of their labor merits and a certain incentive for future productive work, increased interest in the proper performance of labor duties, and advanced training. Financial incentives also improve the quality of life of workers and their families, which as a result leads to the creation of a favorable microclimate in work collective and family.

Incentive measures for employees who conscientiously perform their labor duties can be applied directly by the employer, and for special labor services to society and the state, the employee is encouraged by state awards (Article 191 of the Labor Code of the Russian Federation).

According to the method of establishing the incentive measures applied by the employer can be classified into three groups:

• provided for by the Labor Code of the Russian Federation;
• provided for by other federal laws, charters and regulations on discipline;
• established by collective agreements and II BTR in force for an individual employer.

The Labor Code of the Russian Federation provides for incentive measures common to all employees: bonuses, awarding with a valuable gift or an honorary diploma, acknowledging gratitude and nomination to the title of the best in the profession (part 1 of article 191).

Other federal laws, charters and regulations on discipline establish additional incentives, including those that reflect the specifics of labor activity. For example, in the Charter on the discipline of workers of the fishing fleet, as additional incentives, there are entries in the Book of Honor, the Book of the History of the Ship and the Board of Honor, and the awarding of a badge.

In Art. 55 federal law"On the State Civil Service of the Russian Federation" indicates additional incentives applied to civil servants:

• gratitude announcement with the payment of a one-time incentive;
• awarding an honorary diploma of a state body with the payment of a one-time incentive or with the presentation of a valuable gift;
• other types of encouragement and rewarding of the state body;
• payment of a one-time incentive in connection with the state pension for long service;
• encouragement of the Government of the Russian Federation;
• encouragement of the President of the Russian Federation;
• assignment of honorary titles of the Russian Federation;
• awarding insignia of the Russian Federation;
• awarding orders and medals of the Russian Federation.

Employers usually fix their "own" incentive measures, both moral and material, in the PWTR and in the collective agreement. These include: vacation summer time; full or partial payment of travel to the place of vacation and back; transfer to a higher position or empowerment of an employee, if direct career growth (from position to position) is limited for objective reasons; establishment of an individual mode of work; purchase of a voucher for sanatorium treatment, additional medical insurance for the employee and his family members; referral to advanced training courses abroad; awarding the badge "Honorary worker of the organization", "Veteran of the organization", etc.

The legislator does not establish a procedure for applying incentive measures to employees. In practice, the employer issues an order (instruction), which indicates for what success in work the employee is encouraged and what type of encouragement is applied to him (it is possible to combine moral and material incentives), and, as a rule, brings its contents to the attention of other employees .

In addition to the employer, incentive measures in relation to employees can be applied by state authorities, municipal bodies.

In the presence of special labor merits to society and the state, employees can be nominated for state awards.

State awards of the Russian Federation are the highest form of encouragement of citizens for outstanding services in the defense of the Fatherland, state building, economics, science, culture, art, education, education, health protection, life and rights of citizens, charitable activities and other outstanding services to the state.

Awarding issues are mainly regulated by the Regulations on State Awards of the Russian Federation, approved. Decree of the President of the Russian Federation of September 7, 2010 No. 1099 "On measures to improve the state award system of the Russian Federation".

The system of state awards consists of: the title of Hero of the Russian Federation and Hero of Labor of the Russian Federation; 16 orders of the Russian Federation (for example, the Order of the Holy Apostle Andrew the First-Called, the Order of Alexander Nevsky, the Order of Friendship); 15 medals of the Russian Federation ("For Courage", Pushkin Medal, "For Development railways"and others); insignia "For impeccable service"; "For beneficence" and St. George's Cross; 60 honorary titles ("Honored Lawyer of the Russian Federation", "People's Artist of the Russian Federation", "Honored Health Worker of the Russian Federation", etc. ).

The Regulations on State Awards of the Russian Federation also approved the statutes and regulations on certain types state awards, as well as their description (except for honorary titles). The list of honorary titles of the Russian Federation and the requirements for them are contained in Decree of the President of the Russian Federation of December 30, 1995 No. 1341 "On the establishment of honorary titles of the Russian Federation, the approval of regulations on honorary titles and a description of the badge for honorary titles of the Russian Federation."

In accordance with Art. 89 of the Constitution of the Russian Federation, the right to award state awards and confer titles of the Russian Federation belongs to the President of the Russian Federation.

The decision to award a state award is made by the President of the Russian Federation on the basis of a submission made as a result of consideration of an application for awarding state awards and a proposal from the Commission under the President of the Russian Federation for State Awards.

An application for awarding a state award is initiated at the place of the main (permanent) work of a person nominated for a state award, by teams of organizations or government bodies or bodies local government.

The authorities of the constituent entities of the Russian Federation and local governments can also encourage employees for success in work, many years of conscientious work and for achievements in certain areas of activity. The form of encouragement can be certificates of honor and Thanksgiving letters, cash prizes and valuable gifts, awarding honorary titles and awarding insignia.

In accordance with Art. 66 of the Labor Code of the Russian Federation, information about awards for success in work is entered in the employee's work book. The rules for maintaining and storing work books, preparing work book forms and providing employers with them specify that all information on awarding (encouragement) for labor merits is entered in the work book: a) on awarding state awards, including the assignment of state honorary titles, on on the basis of relevant decrees and other decisions; b) on awarding diplomas, awarding titles and awarding honorary signs, badges, diplomas, produced by organizations (it should be noted that individual entrepreneurs also has the right to encourage employees); c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations, charters and regulations on discipline. Records of bonuses provided for by the wage system or paid on a regular basis are not entered into work books, since such bonuses are inherently not a reward for work, but an incentive part of wages.

• Approved Decree of the Government of the Russian Federation of April 16, 2003 No. 225.