Labor discipline and work schedule are the eternal causes of disputes between the employer and the employee. The latter does not always like the methods of ensuring labor discipline, which employs the employer. And indignation of workers are often justified, because these measures are contrary to the law.
Methods of ensuring labor discipline
There are two ways to ensure labor discipline: punishment and encouragement. In the Labor Code of Ukraine, the educational work is indicated, but in practice it is, if it is done, rarely. Therefore, we will only consider the measures of recovery and encouragement that the employer can apply to employees.
In addition to the rules provided by law, there are special requirements for labor discipline at each enterprise. They are called the work schedule and are accepted by the management of the organization taking into account the opinion of the representative body of workers (trade union). The organization's work schedule determines:
- rules for the admission and dismissal of employees;
- duties and rights of the parties to the employment contract;
- a mode of work and rest of workers of the enterprise;
- The grounds for applying measures of recovery or encouragement.
Also, the employer has the right to independently determine the method of encouraging employees (bonuses, honorary signs), but the penalties are regulated by the TC (KZoT) and no local acts can contain additional measures of penalties, except for state organizations.
What is a violation of labor discipline?
For compliance with labor discipline, the employer does not always consider it necessary to encourage the employee, but for violation of the order is always ready to impose a penalty. What will be the basis for imposition of disciplinary punishment?
- Execution by the employee of actions that are expressly prohibited by the job description, labor contract, local act.
- The failure of an employee to take actions that are expressly provided for by the above documents.
- Execution by the employee of actions arising from the sense of compliance with labor discipline, but directly by the employment contract is not prohibited. For example, late, absent from work without a good reason, failure to comply with the manager's orders, committing embezzlement, etc.
Responsibility for violation of labor discipline
Non-observance of labor discipline entails negative consequences for the employee. All this is known, but not many know what measures of penalties are provided for by law. Often the employer infringes the rights of the employee, applying to him punishments that are contrary to the law. So the RF TC and the Labor Code of Ukraine are solidary with regard to punishments for violation of labor discipline. The following measures of penalty shall be applied:
- comment;
- rebuke;
- dismissal.
Given the severity of the offense, the employer himself has the right to choose a measure of recovery. That is, for a serious violation of labor discipline, dismissal can immediately follow
Penalties for violation of labor discipline
Often, employers introduce a rigid penal system at the firm, penalizing employees for any violation of labor discipline. Such measures of collection are illegal, neither in the Customs Code of the Russian Federation, nor in the Labor Code of Ukraine, there are indications of the possibility of using fines as punishment for negligent employees. Also, the employer does not have the right to de-prize (deprive the employee) of the employee for violation of labor discipline. True, there is an opportunity to leave an employee without a bonus, but only if the bonus provision says that the bonus is paid for labor achievements in the absence of disciplinary sanctions. If in the provision on bonuses such is not indicated, then "punish the ruble" negligent employee will not work.