Disciplinary offense- one of the concepts used in labor legislation. What is meant by this definition, how it differs from other offenses and how an employer can react to it, you will learn from our article.

How does a disciplinary offense differ from other types of violations?

• If there are rules, then, accordingly, there may be those who break them. The norms and rules established in society are divided into groups that are regulated by separate legal institutions. Depending on what branch of legislation the committed offense belongs to, it can be classified either as a crime or as a misdemeanor. In this case, the offense can be administrative, disciplinary or civil.

An employee, while at his workplace, may well commit any of the above offenses. However, a disciplinary offense has one characteristic feature that is unique to it: it, unlike others, is firmly connected with the performance of labor duties.

What liability does an employee’s employer have the right to hold for committing a violation?

An employee who has violated the law or labor discipline rules, depending on the severity of the offense, may be subject to different types responsibility. Accordingly, different persons/organizations have the right to hold accountable.

Thus, an employee can be brought to criminal liability only by a court decision, and to administrative liability - by decision authorized bodies or their officials. Only the employer has the right to punish for a disciplinary offense.

This happens by issuing an appropriate order approved by the head of the organization (or the head of the department, if such powers are vested in him by a local act), and familiarizing the violator with it. At the same time, the employer, even before punishing an employee for a disciplinary offense, must request a written explanation from the person who committed it in order to decide on the imposition of punishment and the choice of specific sanctions, taking into account all the circumstances.

True, in some cases it can be problematic to correctly classify an offense committed by an employee. If we take, for example, the division of criminal and administrative liability, then in the Code of Administrative Offenses of the Russian Federation the legislator often uses the wording “if such an action does not contain a criminal offense.”

The line between administrative and disciplinary offenses or a crime by an official is somewhat blurred. As a result, the employer sometimes has to wait until the competent authorities refuse to initiate a criminal case or an administrative offense case on the basis of the absence of signs of their commission, and only after that independently bring the employee to disciplinary liability.

How many sanctions can be applied for each disciplinary offense?

The Labor Code of the Russian Federation has an immutable rule enshrined in Part 5 of Art. 193, which states that only one penalty can be imposed for one disciplinary offense. That is, it is impossible, for example, to reprimand an employee and fire him under Art. 81 Labor Code of the Russian Federation. The employer will have to wait until the employee commits the next disciplinary offense - only this can serve as a basis for dismissal in this case.

And it doesn’t matter whether the offense is such that in itself it can serve as a reason for dismissal, and whether the law has a mandatory condition regarding the repetition of the violation. If the employer initially chose a reprimand instead of dismissal, then so be it. The period for bringing disciplinary action is limited to 6 months from the date of its commission and 1 month from the date of its discovery.

However, situations often occur in life when an employee’s violation of work duties also causes damage to the employer. For example, Ivanov, while intoxicated, did not follow the line, as a result of which defective parts were stamped. And what should an employer do in this situation?

For such cases, it is envisaged to involve an employee in financial liability, within which the employee is fully or partially compensated for the damage caused to him. At the same time, it is important to distinguish between material and disciplinary liability, since this different concepts and they have different reasons for their occurrence. Thus, if a disciplinary offense serves as the basis for damage, the employee can be punished both disciplinary and financially (i.e., according to separate procedures).

Signs of disciplinary offense

In order to be able to talk about the fact of committing a disciplinary offense, the violation must have the following characteristics:

1. A violation is expressed in the failure to perform (or improper performance) of labor duties by a specific employee.
2. The obligations that were violated were imposed on the employee within the framework of labor legislation, an employment contract or other local acts of the organization.
3. The violation is recognized as a culpable act (or omission). The form of guilt does not matter.

Moreover, all these signs must be present. That is, the absence of even one of them deprives the employer of the opportunity to talk about a disciplinary offense and hold the employee accountable for this type of violation. However, it is important to remember that such a sign as Negative consequences for the employer, not in the above list. In other words, a manager can reprimand an employee for absence from work even if manufacturing process it didn't have any effect.

Types of disciplinary offenses

There is no special part in the Labor Code of the Russian Federation where possible disciplinary offenses and specific punishments for them would be described. In Art. 192 of the Labor Code of the Russian Federation, which defines a disciplinary offense, lists only the types of sanctions.

At the same time, the most serious types of violations are mentioned in the text of the Labor Code of the Russian Federation even as possible grounds for dismissal. According to Art. 81 of the Labor Code of the Russian Federation, the following are recognized as such:

1. Failure by an employee to fulfill job duties, expressed by:

• in the absence of an employee at the workplace;
• refusal to continue working after changes in labor standards;
• evading medical examination or training when this is a mandatory condition for admission to work.

However, even for these disciplinary offenses, other types of punishment may be imposed if the manager decides so. After all, it is he who is authorized to determine sanctions for committing a disciplinary offense - and his choice must be motivated, because otherwise the employee will be able to challenge it.

Other examples of disciplinary offenses are scattered throughout the text of the Labor Code of the Russian Federation, but may well be specified in local acts of the organization.

Conclusion

So what did we find out?

1. A disciplinary offense occurs only within the framework of labor relations.
2. For violation of rules and regulations, the employee is held accountable by the manager. However, if the act contains signs of an administrative offense or crime, punishment for it can also be imposed by a court or other competent authority (but within the framework of administrative or criminal liability).
3. In addition to penalties, the employer can apply monetary sanctions to the violator working for him - of course, if there are grounds for bringing him to financial responsibility.

18.06.2018, 2:36

The work process does not always go smoothly. A disciplinary offense is one of the types labor violations committed through the fault of an employee. The reasons for its commission may be different, but the essence is that the obligations prescribed in the employment contract were violated. The immediate superior must ensure their compliance. More details in the material.

Violation of discipline

It is worth clarifying that we can only talk about such a concept as a disciplinary offense in relation to labor relations between a subordinate and a boss. The employer may resort to punishment if there has been a violation of labor discipline. You can select following features of this violation:

• the subordinate did not fulfill pre-agreed and documented duties, or performed them, but not completely or not as required;
• must be job description, with which the employee is familiar, where these responsibilities are clearly and clearly stated. It is important that the employee is familiar with them in advance.
• the employee is at fault and there is evidence that it was his actions or, conversely, inaction that led to the violation.

Only if all three signs are present can we say that a disciplinary violation has been committed.

The employer has the right to independently decide whether to apply punishment. However, the subordinate can challenge his decision. In any case, the employee retains the right to provide information in writing about the reasons for his actions (or inaction). Only after this does the administration decide on punishment.

In practice, a distinction is made between repeated and continuing offenses. The first were once stopped, the culprit was punished. However, after some time the situation repeats itself. In the second case, the violation was not stopped at all, that is, the subordinate continues to behave in such a way that provokes these violations.

What awaits the violator?

The issue of applying punishment is decided by the immediate superior of the perpetrator. One punishment may be applied for each disciplinary offense. You cannot use 2 types of punishment at once for the same violation.

There are 4 types of influence on the offender:

If the boss immediately reprimands the employee after discovering a violation, then dismiss him, provided that there are no repeated violations. However, if the situation repeats and a second reprimand is issued, dismissal is quite possible and it will not be possible to challenge it in court.

Any measure of punishment can be applied within six months after the commission of the offense and within a month after its discovery. Otherwise, punishment cannot be applied, since the deadline has already passed.

It is worth mentioning that not a single disciplinary violation entails fines. An employer can punish a person only by depriving him of bonuses, but by cutting wages or cannot demand fines. If an employee has caused material damage organization, then you can recover an amount from the violator to cover the damage.

What violations are considered disciplinary offenses

The Labor Code does not have a clear list of violations that qualify as disciplinary offenses. The document contains only types of punishments and signs of misconduct.

Therefore, such issues are resolved privately. The employer himself determines whether there was a violation, and the subordinate can challenge it and explain it in writing. If we talk about serious offenses, then among them we can name:

• absence from work for more than 4 hours. It is considered absenteeism if the employee cannot provide evidence of a valid reason for the absence;
• purposeful refusal to work for one reason or another;
• constant delays;
• presence at work while intoxicated;
• Submitting false information or forged documents when applying for a job.

It is clear that the list of violations is not limited to this. According to the law, if working conditions change, all subordinates must be familiarized with them, as evidenced by a signature in the relevant document. It must be taken into account that these conditions should not worsen, otherwise employees will be able to refuse such changes and it will be impossible to apply punishment in this case.

And responsibility for its violation is important in every institution.

People who have committed a disciplinary offense are brought to disciplinary liability. Let's consider this issue in more detail.

A disciplinary offense is an improper performance or complete failure to fulfill labor obligations by an employee. What is characteristic of him?

A disciplinary offense has the following mandatory elements:

• guilt;
• failure to fulfill labor obligations (improper performance);
• illegality;
• existence of a connection between illegal actions of employees and consequences.

An employee’s action or inaction is considered unlawful if a specific labor duty provided for by the relevant legal act is violated.

The culpability of employees for illegal actions can be expressed either through negligence or simply through negligence. If the employee’s improper performance or failure to fulfill his labor obligations was not his fault, then it makes no sense to consider this behavior as a disciplinary offense. This rule applies in any such case.

A disciplinary offense is not considered a disciplinary offense if the employee committed illegal actions that were not related to his job duties.

Failure to fulfill labor obligations is expressed in the employee’s failure to fulfill labor obligations that are determined by the contract or labor legislation.

If at least one element is missing, then this is not considered a disciplinary offense, that is, the employee should not be held accountable.

50. Concept and composition of a disciplinary offense

Disciplinary liability is a type of legal liability that provides for state condemnation (censure) for committing a disciplinary offense in the form of a disciplinary sanction.

The basis for disciplinary liability is disciplinary offense– failure to perform or improper performance due to the fault of the employee of the assigned labor duties. Composition of a disciplinary offense– object, objective side, subject, subjective side. The object of a disciplinary offense is what the offender encroaches on (internal labor regulations, property of the organization). The objective side of a disciplinary offense is illegal actions (inactions), harmful consequences and the causal relationship between these actions (inactions) and the resulting harmful consequences. The subject of a disciplinary offense is an employee who is in a specific labor legal relationship with the employer and who has violated labor discipline. The subjective side of a disciplinary offense contains guilt, expressed in the form of intent and negligence.

For violation of labor discipline, the administration may apply the following disciplinary sanctions:

a) remark;

b) reprimand;

c) dismissal.

Federal laws, charters and regulations on discipline may provide for other disciplinary sanctions for certain categories of employees.

Dismissal is possible in the following cases:

repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

a single gross violation of labor duties by an employee;

commission of guilty actions by an employee directly servicing monetary or commodity values if these actions give rise to a loss of confidence in him on the part of the employer;

the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

making an unjustified decision by the head of the organization, his deputies and the chief accountant, which resulted in a violation of the safety of property, its unlawful use or other damage to the property of the organization;

a single gross violation by the head of the organization or his deputies of their labor duties;

the employee submits false documents or knowingly false information to the employer when concluding an employment contract;

provided for employment contract with the head of the organization, members of the collegial executive body of the organization;

in other cases established by the Labor Code of the Russian Federation and other federal laws.

51. Disciplinary sanctions under state legislation. Service, rules for their appointment

The means of bringing to disciplinary liability is disciplinary action. Disciplinary action- these are measures of influence enshrined in regulations and imposed by competent, specially authorized subjects of linear authority on employees who have committed misconduct in connection with the performance of official duties or have committed other acts that affect their special legal status. The purpose of their use is twofold: on the one hand, to punish the perpetrator, on the other, general and specific prevention of offenses, which is achieved both by the content and by the procedure for their appointment. The application of penalties to guilty persons not only forces the violator to comply with the norms of official discipline, but also encourages them to consciously perform their official duty, while exerting a general preventive effect not only on the violator himself, but also on other employees. Since disciplinary sanctions are carried out within the framework of stable teams, among them there are many moral and legal sanctions (reprimand, reprimand), sanctions that change or terminate a person’s ties with the team (demotion, dismissal).

Characteristic for all types civil service is the presence of “general” sanctions, such as: reprimand, reprimand, severe reprimand, warning of incomplete official compliance, dismissal. However for individual species services have established other types of sanctions. So, for example, “demotion in rank” is provided for police officers, and “their own” specific types of penalties are provided for military personnel, such as “deprivation of the next dismissal from the military unit,” “appointment out of turn to a work order,” “deprivation of a badge.” sign" and some others. For both, there are penalties in the form of a “reduction in special rank by one level,” and for the customs service and the service in the State Drug Control Service, these types of sanctions are not provided for at all.

A feature of military service is the differentiation of penalties depending on: the conditions of service (contract, conscription); from belonging to a certain composition (soldiers, sailors, sergeants; warrant officers, midshipmen; officers); depending on gender (certain types of penalties are not imposed on women).

A very important question is mechanism for bringing to disciplinary liability, order of application and enforcement of disciplinary sanctions for civil servants. There are a number of features here. Firstly, for civil government employees, military personnel, as well as for employees of the internal affairs department, customs authorities and State Drug Control authorities, this mechanism is carefully developed, but for bailiffs it is practically non-existent. Until now, employees of the Federal Bailiff Service of the Ministry of Justice of Russia have been brought to disciplinary liability on the basis and in the manner prescribed by the norms of the Labor Code of the Russian Federation.

Secondly, the right to apply a disciplinary sanction in the civil public service is vested in a representative of the employer, who, as a rule, is the head of a government agency, while in the law enforcement public service the sanction is imposed by the direct superior. Disciplinary sanctions can be imposed on military personnel not only by those superior in position, but also by rank, in accordance with the disciplinary authority of the commander. Thirdly, the decision to prosecute must be implemented in the civil service immediately after the discovery of a disciplinary offense, but no later than one month from the date of its discovery. A similar procedure is provided for customs officials. And in military service, service in internal affairs bodies and in the service of the State Drug Control Service - no later than 10 days from the day when the commander (chief) became aware of the offense committed.

Fourthly, it is prohibited to impose several disciplinary penalties for the same offense or to combine one penalty with another. Fifthly, in military service it is prohibited to impose penalties on the entire personnel of a unit. Sixthly, the imposition of disciplinary sanctions for offenses committed by a military personnel while serving as part of a daily assignment is carried out after a shift or replacement by another military personnel.

Seventh, in relation to persons who are intoxicated, disciplinary sanctions can be applied only after sobering up. Eighth, the state of punishment for military personnel does not automatically terminate, as for other civil servants, after a certain period of time (usually one year from the date of imposition of the penalty), since the Disciplinary Charter of the Armed Forces of the Russian Federation establishes that a penalty can be lifted by order only in the order encouragement. For those civil servants who are subject to the Regulations on Service in the Department of Internal Affairs of the Russian Federation and employees of the State Drug Control Agency, deadlines have been established for the removal of penalties depending on the order in which they were announced. Oral ones are removed a month from the date of imposition, and those announced in the order, after a year.

These are just some of the features of the application of disciplinary sanctions for certain types of public service.

The last thing I would like to focus on is the possibility of applying disciplinary measures to military personnel, persons called up for military training, as well as employees of internal affairs bodies, penal system authorities, the State Fire Service, State Drug Control authorities and customs authorities for committing administrative offenses. offenses. In accordance with Art. 2.5 of the Code of Administrative Offenses of the Russian Federation, these categories of civil servants “bear responsibility for administrative offenses in accordance with disciplinary statutes” and “regulatory legal acts regulating the procedure for serving in specified bodies"Exceptions are violations of the legislation on elections and referendums, in the field of ensuring the sanitary and epidemiological well-being of the population, the rules of the regime of the State Border of the Russian Federation, the border regime, the regime at checkpoints across the State Border, traffic rules, etc. In these cases, administrative responsibility falls on on general grounds.

It seems that the consolidation of this rule in modern conditions the development of legislation on the civil service does not correspond to the very spirit, the meaning of its existence for a number of reasons. Firstly, this violates the principles of unity of the civil service and the principles of legality in the application of administrative responsibility, in particular, enshrined in Art. 1.4 Code of Administrative Offenses of the Russian Federation, the principle of equality before the law. Secondly, as a rule, the effect of this norm means either an unjustified mitigation of responsibility, or, on the contrary, an unjustified strengthening of it. Thirdly, if this is an additional guarantee for civil servants with specific conditions of official activity, then why is the question of the possibility of applying disciplinary measures left to the authorities (officials) who are given the right to impose administrative penalties? And finally, fourthly, only the Disciplinary Charter of the RF Armed Forces provides grounds for bringing military personnel to disciplinary liability for “violations of public order,” which is not the same thing as committing an administrative offense. In others, named in Art. 2.5 Code of Administrative Offenses of the Russian Federation and regulatory legal acts this question It’s not even specified.

Thus, in modern conditions, to determine the legal status of militarized employees, the features of disciplinary responsibility are quite relevant. Improving the legal framework in this direction seems to be an extremely necessary condition for increasing the efficiency of this type of federal public service. It is worth thinking about introducing common principles of disciplinary responsibility and disciplinary proceedings for all types of militarized service, with uniform criteria, sanctions and a mechanism for applying disciplinary measures.

Legislation Russian Federation There are clearly established rules and norms of behavior, violating which a citizen commits an offense or a crime, depending on whether this action belongs to a particular area of ​​​​offenses.

Misdemeanors, in turn, are of several types: civil, administrative, disciplinary.

Main feature disciplinary offense is that it is closely related to labor relations.

To understand what a disciplinary offense is, you must first understand the concept of labor discipline.

When hiring an employee, the employer imposes certain obligations on him, for the high-quality and conscientious fulfillment of which he undertakes to pay a monetary reward -.

In order for an employee to clearly understand his job responsibilities and follow established standards of behavior during the work process, it is important for the boss to competently organize labor discipline within the team.

Labor discipline is regulated by the following documents:

• labor code of the Russian Federation;
• employment contract;
• collective agreement;
• regulations on labor protection rules;
• by order of the organization's management.

Failure to perform or dishonest performance of one’s job duties without a good reason, as well as violation of the rules in the above documents is a disciplinary offense.

A disciplinary offense must meet the following three points:

1. Violation or failure to fulfill labor obligations that were imposed on the employee in accordance with the law, employment contract, and other official documents.
2. A recorded violation is expressed in dishonest performance by a specific employee job responsibilities or completely ignoring them.
3. An act or omission defined as a disciplinary offense and found guilty.

The absence of even one of these signs in an employee’s action deprives the employer of the opportunity to talk about a disciplinary offense.

What constitutes disciplinary offences?

Punishment can be applied to an employee if:

• a fact was recorded;
• the employee expressed disagreement with changes in labor standards, and therefore refused further work activities;
• the specialist refused to undergo a medical commission (for professions where this is mandatory);
• the employee did not want to undergo training or advanced training when further work activities are impossible without it;
• the employee expressed disagreement to sign in the case where his work is closely related to the maintenance of valuable items.

Gross violations of labor discipline include:

1. absenteeism;
2. being at the workplace in a state of drugs or;
3. amoral behavior;
4. presenting false documents to the employer;
5. recorded fact;
6. non-compliance with labor safety rules, resulting in serious consequences;
7. repeated violations of labor discipline;
8. unreasonably decision as a result of which the company suffered significant damage;

What is not considered a disciplinary offense?

An employer does not have the right to impose on an employee if:

• the employee, without giving any reason, refused to go to work until the end of his vacation;
• the specialist refused to perform work that did not meet labor protection requirements and could pose a health hazard;
• the employee did not agree to perform hard work not provided for in the employment contract;
• the employee did not fulfill his duties for reasons beyond his control;
• the employee did not fulfill the instructions public character;
• The employee refused further work for the reason;
• the employee refused to comply with the employer’s illegal demands.

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Penalties

Labor Code The following penalties are provided for violators of order in the team:

An employee can be punished only once for one disciplinary offense.

Such acts are also regulated by the terms of engagement: 6 months from the moment the offense was committed and 1 month from the time the violation was discovered by management.

When choosing a punishment for an offending employee, the employer has the right to personally consider the circumstances and details of the incident and make a decision.

Dismissal is the harshest measure. If there is the slightest doubt, it would be better for the employer to get by with a reprimand, so as not to waste time on litigation.

The quality of work performed by employees and, accordingly, the productivity and success of the company depend on the organization of labor discipline in the work team. Therefore, it is important to approach the issue of developing a system of rules in work collective with full responsibility.

It is worth noting that labor discipline provides not only punishment for failure to fulfill official obligations, but also encouragement for conscientious work.